বৃহস্পতিবার, ৩১ মে, ২০১২

Cape Town Food Find: Home Cooking from a Top ... - Travel + Leisure

05.30.12

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Here?s a first-visit-to-Cape Town mandate: you must do the scenic Cape Point drive. If you enjoy views, or fresh air, or anything good in life, this is surely one of the world?s most epic routes. Leave the city by looping around the Victoria & Alfred Waterfront and head south along the coast, with stops at Maiden?s Cove and Chapman?s Peak for some stellar photo ops. You?ll pass lovely towns, and may want to drop by the Bay Harbour Market at Hout Bay or the salty waterfront at Kalk?s Bay, where a visit to Olympia Caf? & Deli is preordained. Beware of baboons?they?re known for letting themselves into passing cars in hopes of relieving people of their snacks?but the ostriches you might spot on the side of the road are harmless.

Then it?s off to Boulders Beach to pay your respects to a tribe of African penguins, en route to Cape Point, where you can ride a funicular up to the historic lighthouse. Finally, end your day by watching the sun bob into the water at the Cape of Good Hope, the southwesternmost point of the African continent, and a great place for a picture like this. Because? why not?

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Since this drive is a requisite for anyone who?s Cape Town bound, it?s hard finding something truly unique and relatively undiscovered along the way. (Apparently I wasn?t the only person enticed by the prospect of frolicking with penguins on the beach, judging by the scores of co-frolickers around me.) But thanks to my in-the-know guides at Micato Safaris, my friends and I lucked onto a gem of a dining experience in Scarborough, a tiny beachfront community halfway down the peninsula. In February, chef Bruce Robertson, one of South Africa?s most celebrated toques (formerly of the Showroom and Cape Grace), began opening his charming beach house to the public for two extremely limited (and ?berexclusive) lunch seatings a day at Boat House.

And what a lunch it is. Five elaborate, seafood-centric courses are artfully presented over the course of a languid afternoon, while the barefoot chef engages guests with rip-roaring anecdotes from his adventurous life (he?s hitchhiked from Cape Town to Cairo, and lived to tell the tale).

We feasted on a seafood chowder with homemade gnocchi, Cape snoek p?t? with cr?me fra?che and peas (this may be the first time in my life I finished my peas), and green fish with mashed potatoes, beans, and spinach, all sourced from a five-mile radius on the peninsula. Just when I was convinced I couldn?t possibly eat another bite, out came dessert, a stewed-fruit samboosa with a panna cotta inspired by the region?s distinctive Cape Malay comfort food. Good thing I have a second stomach for sweets.

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Chef Bruce?s table d?h?te is a picture-perfect stop on a picture-perfect drive, but keep an eye on your watch, since you can get so carried away with his stories that you might while away many more hours than planned. Don?t take him up on his offer to take you for a spin on his mountain unicycle (yes, unicycle, you read that correctly)?you don?t want to miss your date with the penguins!

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Sarah Khan is a copy editor at Travel + Leisure. You can follow her on Twitter @BySarahKhan.

Photos courtesy of Sarah Khan

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Heat Beat Celtics In Overtime, 115-111: Miami Wins Game 2 Despite Rajon Rondo's 44 Points (VIDEO)

MIAMI ? The biggest postseason comeback in Miami Heat franchise history wasn't enough.

The Heat needed more ? and got it, digging deep to take a 2-0 lead in the Eastern Conference finals.

LeBron James scored 34 points and grabbed 10 rebounds, Dwyane Wade scored 23 and the Heat rallied from 15 down to beat the Boston Celtics 115-111 in overtime on Wednesday night.

Mario Chalmers scored 22 for the Heat, who won despite an unbelievable night by Rajon Rondo. The Celtics guard played all 53 minutes and scored 44 points, dished out 10 assists and grabbed eight rebounds.

Paul Pierce scored 21 points, Kevin Garnett added 18 and Ray Allen 13 for Boston.

Allen's 3-pointer with 34.3 seconds left tied the game at 99-all. James missed two shots, first a layup ? he got the rebound of his own miss ? and then a jumper on the final possession of regulation, and to overtime they went.

Game 3 is Friday in Boston.

The Heat had come back from 14 points down in playoff games twice before, first in Game 6 of the 2006 NBA finals ? their title clincher ? and again last season against Philadelphia.

And this one was slipping away, more than once. James also two free throws 21 seconds into overtime, and Miami looked in trouble.

The scoring dossier in overtime began like this: Rondo scored, Heat tied it, Rondo scored, Heat tied it, Rondo scored, Heat tied it.

When Rondo missed a layup with 1:33 left, Miami took advantage, with Udonis Haslem getting a dunk to put the Heat up 105-103. And after a turnover on the next Boston possession, Wade drove the lane, hit the deck and watched as his layup bounced on the rim and dropped through.

Garnett stood over Wade and glared, to no avail. Wade hit the free throw, and Miami was up 110-105 with 59.7 seconds left.

On a night where the Heat missed 16 free throws ? including at least four by James in crucial situations ? they would survive.

Miami was down by 15 in the first half and by as many as 11 in the third quarter, before a pair of 3-pointers by James started a comeback. Wade made consecutive jumpers midway through the third to shake off a slow start to his night and get the Heat within three both times, and the 2006 NBA finals MVP set up Haslem for a three-point play with 2:55 left that gave Miami its first lead since the opening minutes, 73-71.

As Haslem's shot dropped, Wade spun at midcourt and punched the air. More highlights followed.

Miami's lead got to as much as seven in the third after James blocked Pierce's shot near the rim, sending the ball high into the air and starting a sequence that was capped by a three-point play from Wade, pushing the margin to 78-71. It capped a 12-0 run for the Heat, who took an 81-75 lead into the fourth.

It was the fifth straight game where Miami outscored its opponent by double-digits in the third quarter. In each of the previous four of those outings, Miami never trailed in the final period.

That streak ended in this one.

And a call that Boston argued against played a big role in the Celtics getting the lead back.

James stole the ball from Rondo early in the fourth, drove down the court and got wrapped up by Mickael Pietrus, who was assessed a clear-path foul, meaning Miami got two free throws and the ball. James missed both foul shots, Mike Miller missed a 3-pointer later in the possession, and the lead stayed at 85-81.

Barely a minute later, it was gone. Pietrus hit a 3-pointer, Rondo followed with a steal and layup and Boston led 86-85. The Celtics led by five with 3:50 left after a jumper by Pierce, and the Celtics looked to be in control.

It was temporary. The Heat scored the next nine points, Haslem's jumper with 1:08 remaining put Miami up 98-94. So of course, back came Boston ? Allen's 3-pointer tying the game a few moments after Pierce fouled out.

Early on, it was all Boston. Over the first 15-plus minutes, Boston was shooting 65 percent (15 for 23), Miami 27 percent (7 for 26).

Miami's point guard did his best to keep the Heat close.

Chalmers had 12 in the second quarter and seven in a 14-6 Miami spurt to end the half. He hit a pair of 3-pointers during the flurry, Wade got his first points of the night on a falling-down layup with 27 seconds left and the Heat closed the margin to 53-46 by halftime.

NOTES: Celebrities in attendance included UCLA coach Ben Howland, rapper Flo Rida and former Dolphins quarterback Dan Marino, a regular in the Heat crowd. ... Rondo's other 22-point first half was Feb. 22, 2009 at Phoenix. ... Allen, considered one of the game's absolute best shooters for many years, said he's been getting plenty of unsolicited advice lately on how to get rolling again. "I've only been doing this for 20 years," Allen said at the morning shootaround. ... Haslem (6) had more rebounds than Boston (5) in the third quarter. ... Heat C Ronny Turiaf started, played the first 4:51 and did not return. Joel Anthony started the second half in Turiaf's place.

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বুধবার, ৩০ মে, ২০১২

Autodesk AutoCAD 2012 Build F.205.0.0 SP2 (x32/x64) ? xtraGFX ...


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Autodesk, Inc., is a leader in 3D design, engineering and entertainment software. Customers across the manufacturing, architecture, building, construction, and media and entertainment industries?including the last 16 Academy Award winners for Best Visual Effects?use Autodesk software to design, visualize, and simulate their ideas before they?re ever built or created. From blockbuster visual effects and buildings that create their own energy to electric cars and the batteries that power them, the work of our 3D software customers is everywhere you look.

Through our apps for iPhone, iPad, iPod, and Android, we?re also making design technology accessible to professional designers as well as amateur designers, homeowners, students, and casual creators. Whether it?s a kid looking to build a new contraption, a seasoned pro sketching out a great new idea, or someone who just wants to amp up their creative output, we?re taking technology originally built for movie studios, automakers, and architectural firms, and making it available to anyone who wants to create and share their ideas with the world.

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Colleges' bank deals saddle students with big fees

(AP) ? A public interest group says as many as 900 colleges are pushing students into using payment cards that carry hefty costs, sometimes even to access students' financial aid money.

The U.S. Public Interest Research Group Higher Education Fund says in a report published Wednesday that colleges and banks often make secretive deals allowing them to rake in millions from the fees. The report says some of the fees appear to violate federal law.

The report says more than 9 million people, or two out of five U.S. higher-education students, attend schools that have deals with financial companies.

The fees add to the mountain of debt many higher-education students must take on. U.S. student debt tops $1 trillion, and has surpassed credit cards as the biggest source of unsecured debt.

THIS IS A BROADCAST UPDATE. AP's full story is below.

It took Mario Parker-Milligan less than a semester to decide that he was paying too many fees to Higher One, the company hired by his college to pay out students' financial aid on debit cards.

Four years after he opted out, his classmates still face more than a dozen fees ? for replacement cards, for using the cards as all-purpose debit cards, for using an ATM other than the two on-campus kiosks owned by Higher One.

"They sold it as a faster, cheaper way for the college to get students their money," said Parker-Milligan, 23, student body president at Lane Community College in Eugene, Ore. "It may be cheaper for the college, but it's not cheaper for the students."

As many as 900 colleges are pushing students into using payment cards that carry hefty costs, sometimes even to get to their financial aid money, according to a report to be released Wednesday by a public interest group.

Colleges and banks rake in millions from the fees, often through secretive deals and sometimes in apparent violation of federal law, according to the report, an early copy of which was obtained by The Associated Press.

More than two out of five U.S. higher-education students ? more than 9 million people ? attend schools that have deals with financial companies, says the report, written by the U.S. Public Interest Research Group Higher Education Fund.

The fees add to the mountain of debt many students already take on to get a diploma. U.S. student debt tops $1 trillion, according to the Consumer Financial Protection Bureau.

Student loans have surpassed credit cards as the biggest source of unsecured debt in America, according to the CFPB, which regulates cards and private student lenders.

Among the fees charged by Higher One, according to its website, is a $50 "lack of documentation fee" for students who fail to submit certain paperwork. The U.S. Department of Education called the charging of such fees "unallowable" in guidance to financial aid officers issued last month.

Higher One founder and Chief Operating Officer Miles Lasater said in an email that the company takes compliance with the government's rules "very seriously," and officially swears that to the government each year.

"We are committed to providing good value accounts that are designed for college students," he said, and students must review the company's fee list when they sign up for an account. He cited a study commissioned by Higher One that declared Higher One "a low-cost provider for this market." The same study found that the median fees charged to the 2 million students with Higher One accounts totaled $49 annually.

Among the fees charged to students who open Higher One accounts: $50 if an account is overdrawn for more than 45 days, $10 per month if the student stops using his account for six months, $29 to $38 for overdrawing an account with a recurring bill payment and 50 cents to use a PIN instead of a signature system at a retail store.

Higher One has agreements with 520 campuses that enroll more than 4.3 million students, about one-fifth of the students enrolled in college nationwide, according to public filings and the U.S. PIRG report. Wells Fargo and US Bank combined have deals with schools that enroll 3.7 million, the report says.

Lane Community College's president, Mary Spilde, said in an interview that the real problem is a "lack of adequate public funding," which forces students to seek financial aid and colleges to find ways to cut costs.

"Many institutions are looking at ways to streamline and to do things that we're good at, which is education and learning, and not banking," Spilde said.

Programs like Higher One's shift the cost of handing out financial aid money from universities, which no longer have to print and mail checks, to fee-paying students, said Rich Williams, the report's lead author.

"For decades, student aid was distributed without fees," Williams said. "Now bank middlemen are making out like bandits using campus cards to siphon off millions of student aid dollars."

Students can opt out of the programs and choose direct deposit or paper checks to receive their college aid, but relatively few do. The cards and accounts are marketed aggressively using college letterhead and websites carrying the endorsement of colleges. Higher One also warns students that it will take extra days if they choose direct deposit or a paper check.

In the end, students feel locked into accounts before they have a chance to shop for a better deal, Parker-Milligan said.

He said that's especially tough for poor students who rely on food stamps and other social services. Those students budget down to the penny, and don't plan on paying a fee when Higher One's ATM runs out of cash, he said.

Offerings by financial companies vary by campus. Some issue checking accounts with debit cards. Others offer prepaid debit cards, which are similar to bank debit cards but can carry higher fees and offer fewer consumer protections.

Often, students' campus ID cards double as payment cards. At the University of Minnesota, TCF Bank issues cards that serve as school IDs, ATM and debit cards, library cards, security cards, health care cards, phone cards, and stored-value cards for vending machines, the report said. TCF also has branches on campus and 25-year naming rights to the football stadium. Its cards charge similar fees, the report says.

Having such visibility on campus is a big benefit for banks seeking exclusive access to an untapped group of potential customers. Many banks are willing to pay universities for the privilege.

Under its contract with Huntington Bank, Ohio State University will receive $25 million over 15 years, plus a sweetener of $100 million in loans and investments for the neighborhoods around campus, the report said. Florida State receives a portion of every ATM fee paid by a student, it says.

It's difficult to get a full picture of how much money the schools are getting because most of them refuse to release their contracts with banks. Only a handful were available to the authors of the report.

Ohio State and Florida State did not immediately respond to requests for comment. The National Association of College and University Business Officers, a trade group involved in the issue, did not respond to multiple requests for comment.

Lane Community College receives no payments under its contract with Higher One, Spilde said. Lasiter said Higher One does not "offer revenue sharing" to colleges that it partners with. However, Higher One does pay some universities under existing contracts, according to the U.S. PIRG report.

Campus card deals have become more popular in part because of recent legal changes that cut into the profits banks can generate from students.

A 2009 law banned credit cards given to students who had no way of repaying. It forced colleges to disclose deals with credit card companies and stopped some forms of marketing, such as offering students free gifts in exchange for obtaining a credit card.

Until recently, banks also made a lot more money from student loans. They extended federal aid to students, and also offered confusingly similar, higher-cost private loans alongside the government programs. Congress cut them out of the equation in 2010.

Neither change affected debit cards. As the recession forced states to slash higher education budgets, companies such as Higher One, Wells Fargo and US Bank approached colleges with an attractive proposition: The companies would assume the cost and hassle of handing out student aid funds, often paying for the privilege.

___

Daniel Wagner can be reached at www.twitter.com/wagnerreports.

Associated Press

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CCSVI: Was it worth it? ? MS Alternatives

As of today, this is Ryan?s report on how he feels:

Still have the weakness in the legs since Mexico (he didn?t have it while we were there ? will discuss later).

The weakness in the legs goes in spurts. ?Don?t know why. ?When the right hip goes out I look like an old man.

Numbness and tingling is still there. ?On a scale from 1 to 10, 10 being the worst I?ve ever had it ? it?s currently a 1 or 2. ?Of course I don?t know if it?s really that little or I?ve just become so use to it. ?There?s been no improvement since Mexico.

I don?t feel any better than I did before I left.

I have good days and bad days and I don?t know why that is. ?There is no reason for the good days and same for the bad.

I am hoping in 6 months I will see more results. ?I feel like there is something in my lower body that needs fixed.

One thing I can say is that I?m not as tired all the time like I was before.

When my body feels OK, my balance is fine (body feeling OK means Ryan?s hip is in). ?My hip and low back dictate everything (in terms of aggravating symptoms).

My optic neuritis is better.

My brain fog, generally speaking, has improved ? but I still have it sometimes.

My perception of Ryan?s surgery

I really don?t know what to think at this point. ?I am playing wait and see. ?I can definitely say that his stamina is better than before. Ryan?s even been doing yoga on a regular basis! The weird thing in all of this is that within 48 hours of Ryan?s surgery he was a totally different person. ?It was amazing. ?He was doing things that he could have never done before. ?Swimming in the ocean and walking around the resort all day without getting tired? ?Unheard of!

So why is it that when we get home, things basically go back to normal?

I don?t know, but I do have a good guess?or two.

One is the electrical issue. ?Have you read the book Earthing? ?If you haven?t I highly recommend it. ?It is all about your electrical relationship to the Earth, and MS is an ?electrical? issue they say?

I feel that being in Mexico, walking in bare feet, grounded to the earth and swimming in a highly electrically charged ocean played a part in Ryan?s symptoms. ?Also, he was not exposed to a million EMFs like he is at home ? especially being a school teacher where EMF exposure is TERRIBLE. ?Ryan has more electrical devices in his classroom than is even reasonable ? eight or so computers, phones, outlets, projectors, etc. ?It?s crazy!

The second guess is the chemical issue. ?We live in a valley of heavy spray use by the orchardists. We have all kinds of chemtrails sprayed over us all the time. ?It has been shown that these chemtrails have high levels of aluminum and barium in them ? and aluminum is a terrible neurotoxin. ?Perhaps Ryan?s immune system has a lot more to deal with here at home?

So the question remains, was it worth it? ?We can?t say as of yet. ?First, we have at least 5 more months before we can really make a judgement (based on Ryan?s improvements). ?Second, we are waiting to see how Ryan?s symptoms change based on his environment. ?How will he feel when he is out of school for the summer? ?How will he feel when he goes on his ?Man Trip? and is totally away from any EMFs and surrounded by nature?

We also have to keep in mind that most people that have the procedure and see huge improvements are much, much worse than Ryan. ?I think some of Ryan?s co-workers still don?t realize he has MS! lol

Next blog I will give the costs of the procedure, how we set it up, and my analysis of the overall hospital experience.

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মঙ্গলবার, ২৯ মে, ২০১২

Small business networking | Reignite 4 Wellness | History of ...

social media for businessOver the last few years we have seen a huge rise in social media as a business tool and a way to connect. There are now more than 900 million people on Facebook,139 million on Linkedin, a few billion tweets per week on Twitter and over a hundred million blogs. It?s all quite mind boggling. Nutrition Entrepreneurs are no strangers to this phenomenon. We have our fingers right on those digital pads connecting, connecting, connecting.

Are we spending more time socializing on our computers and Smartphones than face to face? According to the social discovery site Badoo almost 40% of American spend more time socializing online than they do in person. And 1/5 of people prefer to text or email than talk over the phone or face to face.

This last Spring, an article in the New York Times by Sherry Turkle really hit home when she explained that through social media ?we have sacrificed conversation for mere connection.? Connecting with others is not the same as true and deep one-on-one conversation where body language, facial expressions and voice intonation can tell you a lot about what a person is doing or feeling. Meeting a person face-to face may be more important for your business and for long-term relationships.

For me, all of my nutrition jobs in the last 23 years have been acquired through direct face-to-face conversations. I became a consultant to a food company from knowing the owner of my gym ? who knew the chef of the company. I received most of my pediatric private practice patients from pediatricians who I had met face to face. I get clients today by what I call ?just showing up? ? showing up to cocktail parties, showing up to networking events, charity events and to dinners and lunch dates and then of course following up!

In summary both face to face conversations and social media connections make for a savvy business entrepreneur.

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Trev Meaney Interview Part 1 ? The Lancashire Writing Hub

Trev Meaney

Biography: Trev Meaney is a spoken word/performance poet with 10 years of performance training and experience, including a BA (Hons) Drama and Creative Writing. He?processes a fast paced style with plenty of humour and ranges from political, to social observations to the damn right ludicrous. He has worked on many creative/artistic projects?as well as having performed at Edinburgh Fringe Festival, Kendal Calling Festival, Manchester Comedy Festival, Kendal Brewery Arts Centre, as well as for the Saatchi Gallery, plus many more. He also looks forward to performing at the Cheltenham Poetry Festival and the Cloudspotting Festival this year. In 2011 Trev won the open mic prize slam at Spotlight Lancaster and was published in ?Poetry Rivals? ? Forward Poetry?s end of year anthology. Born in his beloved southern Ireland he has lived in the wonderfully historical city of Lancaster for many years now.

Introduction: The LWH theme for May is Place.? Trev Meaney?s tremendous poem, Eire to me,?is the seventh and final of a collection of Place pieces commissioned by the Pretend Boss.?Trev has written about Ireland and there?s a video of?him performing?his poem if you click on the title or HERE (sorry if the syncing is a bit out).

Also, Trev agreed to be interviewed.? Part 1 of the interview is below and Part 2 will appear in an hour.

I particularly like?Trev because he?s observant, sensitive and?fall-over funny.? I also like him because he laughed?loudly at? something I was reading once (it was meant to be funny) and then came to me afterwards to tell me how much he?d enjoyed the story. Yes, he is that sensitive and yes, I am that shallow. However -?a word?to the wise?-?NEVER agree to be on stage after Trev Meaney; you might as well go home and?shampoo your tea-cosy collection.

KM. Hello Trev. Thank you for speaking to me. First of all, congratulations on being appointed Lancaster Library Poet in Residence!? I attended you first soiree, which was a sensational talent-fest.? What other plans do you have for the library?

TM. Thank you very much! Also thanks for coming along. I have many plans for the library but I am concentrating more on live poetry events, to give both established and less established poets a platform to show their poetry. It?s also an opportunity to showcase the wealth of talent Lancaster has as well as surrounding areas. I am also going to organise some open mic nights. However my partner and I, are expected our first child so I have to hold fire on organising events for a little while. I am also taking an active part in reading groups and working with high schools within the library.

KM. Many congratulations. Babies are the best thing! I hope all goes well. I believe you studied Drama and Creative Writing; where?

TM. Yes that?s right! I studied BA Hons Drama as my major and creative writing as my minor. It was at St Martin?s College, now known as the University of Cumbria.

KM. That?s where I did my Creative Writing degree, too! How spooky! (what with us having nearly the same initials and all). Some people are sceptical about whether creative writing can be taught; would you advise aspiring writers to go to university to learn about the craft? (do you think craft sound a bit poncey??)?

TM. I?m not sure to be honest. All I can say is, yes I did study, therefore I should have learnt the art of writing creatively. However, I didn?t really commit to studying whilst at uni but more so committed myself to lots of late nights and work related avoidance tactics. Perhaps I subconsciously picked up a few techniques up along the way but apart from that, what I have in regards to being creative is basically as they say ?au natural? (in the beauty industry?) and as for writing, grammar, punctuation etc, I probably learnt the basics at school, but then again I wasn?t half cooked through out that period of my life. I reckon if you apply yourself to a creative writing course you will most definitely be taught the fundamental rules and skills, but then it?s up to the individual.

KM. Have you always written?

TM. I used write, very much in secret and would have been horrified had anyone clapped eyes on my poems. It was a case of scribbling some words on a scrap of paper, wondering how profound it might sound and not actually feeling something that was true to me. I used to think ?Oh no, this will never be accepted?there?s not enough references to winter or blossoming violets and a lack of ?clever? words?. I almost felt ashamed, not good enough, not wise enough! But then I saw performance poetry! I discovered incorporating my drama training with my poetry gave me the confidence to express my words. Now I seem to get a bit aroused by the site of a pen and paper.

KM. Gosh! And are there particular individuals who have influenced your writing career?

TM. I?m very much a fan Irish author, Roddy Doyle. I love how everything he describes is jammed packed with comedy, poignancy, sentiment, and general Irish-ness. But that?s a far as it goes really.? I Enjoy a wide spectrum of authors and writers, but mainly to just have a gander at. What I find most influential is my surroundings, the people I see who walk around, unassumingly doing their business whilst I observe. The North is full of potential writing material.

KM. I know ? you can?t take three steps without tripping over inspiration can you?

to be continued?

Tags: Place, Pretend Boss, Trev Meaney

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ERIK NORLANDER Music Machine music review by - Progarchives

3 stars"This is the story of Johnny America, a new kind of music machine"

Just like David Bowie's classic The Rise And Fall Of Ziggy Stardust And The Spiders From Mars, Erik Norlander's Music Machine is a concept album about an imaginary Rock Star. The storyline and the lyrics of this "Heavy Metal symphony" are sadly rather cheesy and full of cliches, but the music itself is mostly very good. The styles involved on this massive double album include traditional Heavy Metal in the vein of Deep Purple and Dio-era Black Sabbath, Classic Rock, Neo-Classical Metal, Progressive Metal, Power Metal, Hard Rock, Blues Rock and energetic keyboard-driven Symphonic Prog in the vein of Emerson Lake & Palmer.

The guests include Mark Boals (who also provided vocals for Yngwie Malmsteen), Donald "Buck Dharma" Roeser (of Blue Oyster Cult-fame), and drummer Vinny Appice (who played with Black Sabbath and Dio), and several others. The backgrounds of these musicians give you further clues of what you will find here. Ayreon's Metal Operas, that relied on a similar set of styles (and to which Norlander contributed), might also provide some hints. Though, thank goodness, Music Machine is not as sprawling and all-over-the-place as Ayreon's works, I am sure that it will appeal to many of the same fans. The vocalists and instrumentalists involved are all very good, but the foremost instrument are Norlander's brilliant keyboard playing.

There certainly are some great moments on this album but also a few weaker moments. With a running time of one hour and 46 minutes, you tend to get a little bit exhausted towards the end even if it is mostly very good music. Had the cheesy storyline been toned down somewhat and the running time been brought down to fit on a single disc, Music Machine could probably have attracted a higher rating from me. But as it stands it is just a good, and not a fantastic, follow-up to Into The Sunset. Both of these studio albums are definitely recommended, but the live album Stars Rain Down is more consistent and provides a nice cross-section of tracks from these two albums plus some of Norlander's best works from other sources.

SouthSideoftheSky | 3/5 |

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[12.05.27] Liveworks CEO Twitpic update: Studio rehearsal for the Japan concert tour


In the midst of the studio rehearsal for the Japan tour^^? Today the members seem to be in great condition? I hope they can keep this up all the way until the end of the Kobe concert^^

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সোমবার, ২৮ মে, ২০১২

The Significance Of Obtaining Attorney Services In Criminal Defense

As civilization advances and now that we are currently halfway to the next generation, concerns regarding law, crimes, and other legal cases also get complicated. The mere fact that today, as complexity in the way of life of the society gets even thwarted and twisted, individuals are in 1 way or the other gets involve with any crime. Thats whether on the aspect of omission or commission.

More than the years, law ethics has been accepted by public in order to correctly execute the law for the benefit of men and women. This is the primary purpose of the existence of lawyers and why to hire attorney services in criminal defense and other situations.

Attorneys are specialist law practitioners that have expertise in certain division or discipline of law. They represent the defendant and the plaintiff in court hearings. Although a individual has their rights to choose not to represent themselves, simply because not all folks are knowledgeable in the law and the ethics that it follows, representation of a lawyer is nevertheless critical.

There are so a lot of varieties of attorneys. Each attorney has his/her own field of specialization and has sub specialization to other legal concerns. The most common legal problems in the nation are those that have a thing to do with taxation, insurance coverage, intellectual property, loved ones law, and criminal law.

With all these, attorneys services in criminal defense are the most sought following these days. Criminal defense lawyers are those that are those that tackle and have the capacity assault lawyer alexandria to deal with the case of the accused. Just like doctors, lawyers have their personal expertise in each subject matter concerning the law and criminal cases. These attorneys are specialists not just in the case but also in the procedures that are being implemented in the courts specifically on the system of evidence gathering.

Here are the reasons why hiring a criminal defense lawyer is crucial:

You will be assured that the services provided by the lawyer fit perfectly to the case that you are at the moment facing. Most of the time, simply because a certain lawyer is focused into many fields of legal problems, he/she could overlook some crucial specifics when attempting to hold another case especially that a single of a criminal defense case.

You will not have any difficulty or worries in the way the case will move since of the expertise that the lawyer has. The improvement of the case rest at some point to the lawyer. The law is flexible and there are so many things to think about. Getting an expert criminal defense lawyer can definitely have a case be dismissed or be merited with lower conviction penalties.

Simply because of the lawyers expertise, you will be assured that he/she only collects all the facts and evidences that can support in the dismissal of the case or other pertinent moves that can be traffic attorney vienna va traffic lawyer vienna va attainable.

You will be certain that the defense lawyer will remain on your side until the end of the trial and maintains the doctrine of innocence until otherwise disproved.

The criminal defense lawyers must always present very best lawyer services in criminal defense. Since you can have complete confidentiality with the details that you share to your lawyer, you will be in a position to heave off great deals of critical info to your lawyer with no affecting the result of the case.

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iPad apps to keep you informed and entertained

12 hrs.

Whether you're keeping track of must-read stories using Pocket, browsing hilarious videos on Squrl, hunting down amazing photography on National Geographic, or keeping up with the election season with NBC Politics, msnbc.com's Rosa Golijan has the apps for you.

Want more tech news, silly puns, or amusing links? You'll get plenty of all three if you keep up with Rosa Golijan, the writer of this post, by following her on?Twitter, subscribing to her?Facebook?posts, or circling her?on?Google+.

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Pregnant and Having Children After Undergoing Treatment of Cervical

Cervical cancer treatment. Pregnant and Having Children After Undergoing Treatment of Cervical Cancer?Cervical cancer and its treatment can affect your desire to have children, but some kind of treatment can make you stay fertile.

Treatment of cervical cancer can impact on fertility, it is sometimes very difficult to imagine. But keep thinking that infertility happens after cervical cancer can actually be circumvented because there are several steps you can do to protect and make your stay will be able to have children.

Keeping First Steps Fertility

The most effective thing you can do to keep so you can get pregnant is to do a pap smear regularly every year so that the presence of cervical cancer can be detected early.

How is Cervical Cancer Treatment Impact of Fertility?

Chemotherapy and radiation therapy used in treatment of cervical cancer can impact on fertility. At a more advanced stage when treatment should be done with surgery (hysterectomy) then you can not have children. And if the ovaries are also removed through surgery then you will no longer produce eggs. On the type of surgery or LEEP cone biopsy may result in damage to the cervix so as to affect fertility. This condition makes the sperm and egg cells is difficult to see that the process of fertilization does not occur.

Cervical cancer treatment with radiation therapy will result in your ovaries will be exposed by the beam of radiation that can damage the egg so that it can cause premature menopause. In addition, treatment with radiation will increase the risk of miscarriage and premature birth due to scar formation and reduced blood flow to the uterus.

Because chemotherapy also kills healthy cells, it is likely chemotherapy will damage the egg cells are stored in the ovaries so that there is a risk of miscarriage and premature menopause.
Another issue is that if too many cervical glands (required for the movement of sperm into the uterus) is removed, it can result in sperm becomes dry and become unable to fertilize an egg. But if only a few glands are removed it will be very good in keeping it fertile.
Some Options What You Can Do If You Want Have Children
If you are undergoing treatment for cervical cancer, you should discuss with your doctor that you have the desire to have children. The following are some important things associated with cervical cancer and preserving fertility:

? Do it early. If you are undergoing treatment of cervical pre-cancer, discuss with your doctor about treatment options. Will very likely you can still get pregnant and have children if treatment option only affects a small portion of the cervix. And this can be achieved only with early detection.

? Storing ovaries. Your doctor may be able to leave one ovary or both during a hysterectomy, so it can keep the egg cell and reduce symptoms of menopause. You can also take one egg to be fertilized by sperm and then ?borrowed womb? another woman to raise embryo.

? Consider Your Options. Some chemotherapy regimens may cause problems with fertility and of course depending on the type of drug, dosage and combination of them, so discuss your doctor about treatment options that you will live.

Development of Cervical Cancer Treatment

Fertility in women undergoing cervical cancer treatment to the attention of serious scholars and researchers thus developed the type and method of treatment that can protect the female reproductive organs. One method that has been successful is to do a transplant ovaries during radiation therapy, the goal is to protect the ovaries from damage caused by radiation. Some other experts to do with the other approaches by providing a ?shield? in the ovaries during radiation therapy, and store eggs before treatment.

What Should You Do?

Under these conditions, the treatment of cancer and wants to have children sometimes become emotional conflicts that happen to us. But we also must be able to think that there is another option if you want to have a child, adopted child is one of the choices. Although children are not of our blood, its presence in the midst of the family will give a different atmosphere.
Another thing that is more important to prevent cervical cancer and the possibility of not having children is to do pap smears regularly. Author: signs cancer

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Iran: Enriched uranium traces a 'technical issue'

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Insights on Venture Capital and Entrepreneurialism - Women & Co ...

From Fashion to Finance: Insights on Venture Capital and Entrepreneurialism

Blog Post by Linda Descano CFA???-??05/24/2012 @ 10:00AM

As I shared in my post Inspiring Insights from Phabulous Philly, I go back to my hometown every month or so for coffee and conversation with a group of enterprising women from the area. Each meet-up often has a few new faces -- one of whom was Karen Griffith Gryga (@karengg), an 18-year veteran of the venture capital industry.? Today, Karen is Executive Director of the Mid-Atlantic Angel Group, Co-Founder and CEO of FashInvest, and a venture partner with Innovation Capital.

Karen is frequently sought out by both professional and academic communities for her insights on the subjects of venture capital and entrepreneurialism, so I asked her what advice she would share with entrepreneurs looking to raise capital through "VC" investors. Below is an edited recap of what Karen shared:

  1. Warm introductions are invaluable. So, align yourself with service providers -- accountants, lawyers and others -- who work with emerging growth companies and understand what that means. Tap into their experience to help you formulate your pitch and plan -- and then leverage their network. Along these same lines, surround yourself with an advisory board of mentors who are familiar with the VC fundraising process.
  2. Remember that all VC capital isn't created equal. Do your homework and identify those venture funds whose profile matches your business.
  3. Look for networking events where your "target" VC investors are. Be strategic in where you network and, of course, how you network once you are at the event.
  4. VC fundraising is a numbers game. It takes time and effort. You will probably be talking to a lot of people before you find a fit with a VC portfolio. Learn from every interaction and keep honing your strategy, pitch and plan. Stay resilient, focused and positive.
  5. Investors pay attention to a business' risk profile: how is the business going to grow and move forward and what are the risks and headwinds they are facing, whether operational or demand-driven. So it is important that you have a good grasp on your business as it is today, how it will evolve and how you are going to pivot in response to changing circumstances.

At the end of the day, Karen stressed, it's a matter of strength: the strength of your business opportunity, the strength of your pitch and ability to influence, and your inner strength: confidence.

Women & Co. is a service of Citibank, N.A., that provides financial content, commentary and related resources intended for informational purposes only. The views expressed in Women & Co. content constitute the judgment of the author(s) as of the publication date and are subject to change without notice. Women & Co. makes no guarantee about the accuracy of information provided by any third party. Women and Company, Women & Co., Citibank, Citi, and Citi with Arc Design are registered service marks of Citigroup Inc.

Citigroup Inc. and its affiliates do not provide tax or legal advice. To the extent that this material or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

INVESTMENT PRODUCTS: NOT FDIC INSURED ? NO BANK GUARANTEE ? MAY LOSE VALUE

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First Fruits Salad for Shavuot ? Bay Area Bites | KQED Food

What's going on in your kitchen this weekend? Are you marinating ribs for a Memorial Day barbecue or making blintzes to celebrate Shavuot? This being the Bay Area, land of the multi-layered, self-created identity, you might very well be doing both. But since the world, both online and off, already bounds in recipes and opinions about ribs, let's talk about foods for Shavuot.

The go-to food, of course, is anything dairy-based. Most Jewish holidays have a one-word description of the foods associated with them. Hanukkah? Latkes. Purim? Hamantashen. Passover? Matzoh. Rosh Hashanah? Honey. With Shavuot, it's dairy. Whether or not you follow Jewish dietary laws forbidding the mixing of meat and milk at the same meal, it's traditional to make the celebratory meal of this late-spring holiday be a dairy-focused, meatless one. Blintzes, bagels with cream cheese and lox, pastries filled with sweetened farmer's cheese, cheese platters, cucumber-and-radish salads mixed with sour cream or yogurt, cheesecake: they all have a place on the table, and the milk used could be cow, sheep, or goat.

Shavuot is both a religious and a seasonal, agricultural holiday. Most importantly, it celebrates the giving of the holy books, or Torah, to the Jewish people on Mount Sinai, which is commemorated with all-night study sessions of Torah. But it's also a spring festival, celebrating the harvest of the season's first fruits, which were taken by farmers in joyous procession to the Temple as a tithe or offering.

First Fruits Salad. Photo: Rebecca JosephThis past week, I helped kosher catering company 12 Tribes feed a group of Jewish-studies scholars during a two-day academic conference. Company founder and rabbi Rebecca Joseph created a dessert salad which she dubbed First Fruits Salad in honor of the upcoming holiday. As she wrote to me later, "Besides being easy to make and using all Biblical ingredients [all the items in the salad are mentioned at least once in the Bible], I like that this salad also has an echo of Passover haroset. We count the days from Passover to Shavuot [in a daily ritual known as the Counting of the Omer] as a way of remembering the first fruits brought to the Temple--barley at the beginning of the period, fruits on Shavuot."

The recipe is very simple, and works equally well as a light, refreshing dessert (we served it with biscotti) or a tasty addition to a brunch table. It's delicious alongside a dairy-based dessert, or, for those who can't have dairy in their diets, with a delectable alternative like this tofu-based Parve at Sinai Cake, which resembles an Italian-style, ricotta-based cheesecake, rather than the denser, richer New York type.

Keeping in mind the significance of barley at this time, I might also serve a grain-and-vegetable salad, like Wheat Berry Sunshine Salad or Wheat Berry Salad with Green Onions and Feta, substituting cooked barley for the wheat berries. For best results, soak your barley in water to cover for several hours. Drain, then cook like rice, using a one-to-three ratio of barley to water (for example, one cup barley to three cups water). Bring water and barley to a simmer, then cover, reduce heat, and simmer for 45 minutes to one hour, until barley is tender-chewy.

But back to the First Fruits Salad. Making this salad is a snap. Peel, core, and cube several of your favorite tart eating apples; I would suggest Honeycrisp or Granny Smith. Toss with chopped dates, toasted slivered almonds, and currants. In a small bowl, stir together equal parts pomegranate molasses and honey. (Joseph uses Gipson's Golden blackberry honey.) Adjust the proportions to your taste, then drizzle the pomegranate dressing over the salad and toss to coat. The idea is to add a little flavor and tanginess; the fruits shouldn't be heavily coated. Enjoy!

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This entry was posted by Stephanie Rosenbaum on Saturday, May 26th, 2012 at 10:53 am and is filed under food and drink, holidays and traditions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
tags: barley, cheese, cheesecake, dairy, fruit salad, Jewish, jewish holidays, shavuot

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Search engine optimisation And Your Online Business: Strategies ...

Whilst search engine optimisation is often complicated for rookies, it is vital that you just be aware of the concept if you have a website, especially if you depend upon that internet site for income. If you use the right instruments you may put yourself in the scene of countless potential clients.

When utilizing Search engine marketing, you have to be conscious of your current look for ranking. If you don?t record your standings then you will not know if your time and effort in marketing companies in birmingham are paying back. Alexa and the Search engines toolbar both are great ways to monitor your ranking.

Folks may well come aimed at your website in droves, however if they mouse click away after 5 seconds, it?s not planning to help a lot. There is certainly growing data that the amount of time a person spends on the web site (according to metrics like Quantcast results, and so on. Do all the things you can to help keep guests active. Community forums and message boards are great ways to keep visitors involved with the internet site for too long time periods.

SEO needs time to work, so you must be individual when you are seeking to increase the major search engines optimisation for the site. Transform will take time, and this will not happen quickly. It may really take a while if your internet site is completely new and never by using a preexisting domain name. It will require as much a chance to increase the exposure of an online business as it takes to have an traditional organization.

If your site is an organization internet site, attempt to get the owner or even the Chief executive officer to get started on running a blog or being more productive on the webpage. Individuals like seeing and hearing from the major person themselves.

A web site guide is a crucial instrument keep in mind your keywords. This really is the easiest way to let viewers traverse your websites, plus it supplies a great beginning point for search engine optimization. Site charts can also be helpful indexing instruments for search engines like google, as ease of access is actually a remarkably appealing attribute.

Make an effort to design each and every page of your site in a way that can make it stay ahead of every other. The titles of your webpages demand additional consideration. Titles enjoy a vital role in search engine optimisation. Include the major key word in your name to have the highest google search ranking.

You are going to assist your Search engine marketing through the use of backlinks to relevant and reputable websites. This is the easiest method to raise reputability of your respective internet site. Search engines like yahoo position appropriate away from-site hyperlinks greater than inside versions than only hook up the various content material of the site. It is possible to boost your search engine standing plus your visibility by forex trading backlinks with relevant websites.

Discover what search phrases you should consist of initial. When you are constructing your site, you should be aware of what key phrases to target. Executing keyword research will assist you to understand what kind of information visitors are trying to get by you. By making use of pertinent keywords, you can help increase your ranking on search engine listings.

When you know the keywords and phrases that happen to be going into your textual content, make certain that some property with your titles way too. Your label must be pertinent, but pick meticulously, in order that it will make a reliable initial impression when folks view it in search results. Your site will match with users? search phrases much better, and your website traffic will soon increase.

To assist you to to rank extremely on search engines like yahoo you?ll should benefit from the meta tag for ?Title?, ?Explanation?, and ?Key phrases?. The search engines understand your meta tags and combine the info into their techniques accustomed to make search results. Try to incorporate a variety of keywords and phrases, in addition to some which are misspelled. As an example, a website about aquariums would have keywords and phrases like ?sea food tanks,? ?aqarium,? ?tank,? and many others.

If you are seeking to optimize your site for search engines like google, experiencing plenty of key phrase density is very important. No more than 20 pct of your respective information need to consist in keywords.

As this information has said, search engine optimization information is an important instrument for internet business folks who wish to create a profit. Utilize the ideas in this article to enhance your web site and increase its research ranking. The level of visitors and revenue you have will be straight influenced by the grade of your website.

For more information about seo web design in birmingham visit our website.

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Anxiety Disorder Symptoms | health article

According to the National Institute of Mental Health, anxiety disorders affect about 40 million American adults each year. Anxiety disorders may affect the quality of your lifestyle and are capable of completely destroying your life if not treated immediately.There is a term i would like to mention and it is Generalized anxiety.Generalized anxiety disorder is one of the common anxiety disorders. There is relief for sufferers.Generalized Anxiety Disorder symptoms are commonly treated with medication or cognitive-behavioral therapy. Several drugs are used to treat anxiety disorder symptoms and antidepressants.People who suffer from general anxiety disorder symptoms suffer from continual worry and tension that is much worse than the anxiety most of people experience from time to time.

When one feels that he or she is affected by anxiety, you can visit a general physician. He or she will first want to identify any physical or psychiatric problem that may be causing the anxiety. Here is where the role of the Anxiety disorder symptoms comes in, for after this your general physician will ask you questions about the various symptoms you experience and examine you. Then depending on your condition and the intensity of the disorder your general physician may refer you to a psychiatrist for further help.When someone is experiencing an anxiety attack, they are left feeling scared, confused, and distressed when it is over. However, it is important to realize that quite a number of people experience anxiety disorder symptoms everyday. And although the symptoms are not based upon any particular place or event, when someone does go through a panic attack, they tend to make a direct association between their symptoms and the place or surroundings where the attack occurred.

Does your anxiety interfere with your work, school, or family responsibilities? Are you constantly tense, worried, or on edge? Do you believe that something bad will happen if certain things aren?t done a certain way? Are you plagued by fears that you know are irrational, but can?t shake off? Have you ended a relationship with a friend or family member based on an irrational worry? Do you avoid everyday situations or activities because they make you anxious?Untreated, panic attack and other anxiety disorder symptom can continue for many years. Effective treatment can only come from accurately identifying the triggers and anxiety disorder symptom being experienced. Lifestyle and behavioral changes, as well as intensive psychotherapy have proved quite effective in curing panic attacks. Medication is also recommended.

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A Review of Heartburn Remedies

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Numerous women and men are not aware specifically what Heartburn is all about and so they confuse this particular condition with cardiac arrest associated pain in chest area which always is actually a typical reason they aren't fortunate to head for the most effective Heartburn Remedies to forfeit this particular health condition..

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In this particular disease, called heartburn acid reflux, the sufferer experiencces a burning sensation and additionally discomfort within the chest area and sometimes inside the throat. This is mostly triggered resulting from acid reflux heartburn which is also known as GERD. The the disgestive system juices exploit the defensive lining in oesophagus whenever they elevate and pass via it and also inside the tonsils. This Specific problem may possibly crop up right after having food intake when the person beds down or lies down. The physical distress within the chest and also tonsils can also spread to arms, jaws and even back simultaneously.

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Almost all the times, people find it complex to distinguish between severe cardiac arrest and acid reflux disorder! This is the explanation for why it is usually seriously beneficial to stop by a certified and experienced healthcare provider when you experience pain inside the chest muscles at any moment. It's furthermore been seen that certain medicines or drug treatments also provoke acid reflux disorder symptoms. These drugs are sedatives, aspirin, NSAIDS, beta-blockers, calcium channel blockers along with progestin hormones. It is essential to understand the negative side effects of such drugs ahead of having them. Some of these drugs interrupt the digestion system and that's why, grow a lot more acidic juice.

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Anybody can go through heartburn ( pyrosis ) within the initial hour shortly after having meals including high protein diet foods or unwanted fat laden dishes. It is also been noticed that a number of postures which include lying down, bending forward or stressing your back could possibly raise the discomfort owing to heartburn acid reflux. In order to really limit the serious pain, you're recommended to sit or stand up-right, take correct prescription medication and even drink a lot of water. Alcohol in all forms really encourages the production of reflux acid in the stomach area and leads to heartburn ( pyrosis ). This can be the primary perpetrator of this ailment and must be refrained from.

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Worry can also be one of the important causes for heartburn / acid reflux. Women and men are inclined to eat much more sweet foods and also fat wealthy foodstuffs when they are depressed. Cutting down the worry level can help men and women to cope with heartburn ( pyrosis ) in a significantly better way. Ingesting water is among optimum home remedies for heartburn. The heartburn symptoms may differ with different people. A lot of folks may perhaps experience even more pain and discomfort than some others do. And this also will depend on the food combination and stress levels. A lot of of them state that they sense the discomfort in mouth soon after finishing dinner.

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There are particular Home remedies for heartburn which often you can make use of to counteract this particular problem. You can consume ginger herb, lemon and also fat free yogurt to be able to lessen the signs and symptoms of acid reflux disease. It really is also really useful to consume a appropriate diet and engage in frequent workout. Sipping a whole lot of h2o furthermore assist folks to minimize heartburn acid reflux.?

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Adult sex toys ? the guarantee of a better sex life

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The market of adult sex toys has registered an unprecedented growth over the past couple of years, giving people the opportunity to rediscover sexual pleasure and to explore their sexual dimensions to the fullest. Nowadays, women are no longer embarrassed to use vibrators dildos, whereas men have their own array of sex toys meant to create the sensations that they are looking for.
When they first appeared on the market, adult sex toys were frowned upon by many persons who refused to admit that such toys may contribute to the improvement of their overall sex life. At present, both women and men who perceive sex as an important part of their life and who want to take advantage of every moment that they spend with their partner decide to give a try to adult sex toys and see what impact they will have on their sexual experience. Consequently, they access online shops that sell adult sex toys, check out the varied offer of vibrators dildos, penis enlargers, bondage kits, sexy wear etc. and add the items that catch their attention to the shopping cart.
As far as vibrators dildos are concerned, it is worth mentioning that these are the favorite adult sex toys of lonely women who do not have a man that can please them and satisfy their urges. Available in a variety of shapes and sizes, vibrators dildos have been designed with a view to deliver waves of pleasure and to satisfy women in ways that they never thought possible. Safe and durable, vibrators dildos can indeed take sexual pleasure to unimaginable levels and help women enjoy orgasmic sensations every time that they use them. Furthermore, vibrators dildos will perform their job whenever they are needed and will always leave women happy.
When purchasing adult sex toys, many customers are interested in receiving the product that they ordered in a discreet and professional manner. In other words, they expect for their right of privacy to be guaranteed and they will only place an order once they are sure that they have found a reliable online shop that will not fail their expectations. Thus, persons who want to place an order with a dependable online retailer that will honor its obligations to the fullest are advised to check out the history of the shop they are considering, to read product reviews, references and comments of previous customers in order to be sure that they are making the right choice.
To conclude, it is perfectly natural for us to want to enjoy sex and increase our sexual pleasure as much as possible and, if adult sex toys can improve our sex life, deliver new sensations and help us explore all the dimensions of sex, it would be a pity not to use them, for sex is an important part of our life and can give us a sense of fulfillment and satisfaction.

Author Resource:- We pride ourselves with our vast offer of adult sex toys, including vibrators dildos, masturbators, penis enlargers, sexy wear etc. that will take you to new heights of pleasure! Take advantage of our accessible prices, place an order for our high-quality and long-lasting products now and we promise that we will have them delivered at your doorstep in a prompt and discreet manner!
Author account: sophia milller Article From article monkeys article directory

Submitted 2012-05-24 23:04:05

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California Court Distinguishes Delaware&#39;s VantagePoint Opinion

Typically, corporate bylaws provide that?officers serve at the pleasure of the Board of Directors and any officer may be removed, either with or without cause, by the Board of Directors.? This right of removal is consonant with the notion that an officer?s relationship with the corporation?is?the subject of corporate law.? However, another body of law can, and does, intrude.

If the officer is also an employee of the corporation, then his or her relationship to the corporation?qua employee is the subject of employment, not corporate, law.? In recognition of this fact, bylaws?investing the board with the right to remove officers?usually?acknowledge that the right of removal is??subject to the rights, if any, of an officer under any contract of employment?.

In Lidow v. Superior Court, Cal. Ct. Appeal Case No. B239042 (May 23, 2012), the California Court of Appeal addressed the question of whether a lawsuit for wrongful termination brought by an officer of a Delaware corporation?is governed by Delaware or California law.? The court began by noting that ?the removal of a CEO for any number of reasons . . . falls within the scope of a corporation?s internal governance, thus triggering the application of the internal affairs doctrine?.? The internal affairs doctrine is a conflict of laws principle that recognizes that courts should normally look to the state of incorporation for the law governing a corporation?s internal affairs (i.e., matters peculiar to the relationships among or between the corporation and its current officers, directors, and shareholders).? The court, however, concluded that removal of an officer in retaliation for complaints about possible illegal or harmful activity ?goes beyond corporate governance and touches upon broader public interest concerns that California has a vital interest in protecting?.? The court distinguished the Delaware Supreme Court?s decision in VantagePoint Venture Partners 1996 v. Examen, Inc., 871 A.2d 1108 (2005) on this basis.

Lidow?is a cautionary case for those who believe that the Delaware Supreme Court?s decision in VantagePoint?was the last word on the internal affairs doctrine. ?Not every affair is internal and the California courts will not apply the doctrine to every internal affair.

For more on the internal affairs doctrine as applied by the California courts, see the following articles:

  • Court of Appeal Applies California Inspection Rights to Delaware Corporation, 17 CEB California Business Law Reporter 168 (1996)
  • The War Between the States ? Delaware?s Supreme Court? Ignores California?s Corporate Outreach Statute, 19 Insights 19 (2005)
  • California Appellate Court Holds that the Internal Affairs Doctrine Does not Trump California?s Insider Trading Law, 20 Insights 15 (2006)

Upcoming Securities Law Program

On June 5, I?ll be joining Lee Petillon and his partner, Mark Hiraide, in presenting a program for the Los Angeles County Bar Association on recent developments in federal and state securities laws governing offerings in California. ?More information about this program is available here. ?Lee is responsible for at least six bills enacted by the California legislature to facilitate capital formation. ?Mark is a former SEC enforcement lawyer who represents both publicly traded and privately held companies.

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