OCBP Then and Now: O.C. Rules the Jerseys

first_imgCaptain George T. Lafferty and Mayor B. Thomas Waldman accept the 1971 South Jersey Lifeguard Championship trophy from rowers Hans and Karsten Giesecke and swimmer Bill Dorney. It was the 11th year in a row the OCBP won the championship.The OCBP reunion weekend will be held August 14, 15 and 16. The 76th annual South Jersey Lifeguard Championship (“The Jerseys”) will be held on Friday, August 14 on the Decatur Avenue beach in Margate. The three-event tournament will begin at 6:30 p.m.Karsten Giesecke, rookie 1969, Jim Sullivan, rookie 1973, and Paul Mangen, rookie 2000, will be inducted into the OCBP Hall of Fame at the 77th annual Lifeguard Reunion, Saturday, August 15 at Sandi Pointe Coastal Bistro, 908 Shore Road in Somers Point. For more information, go to the Ocean City Rowing & Athletic Association’s website OCRAA.com.The 3rd annual OCBP Alumni Races will be held on Sunday, August 16 beginning at 9 a.m. on the Seaview Harbor beach, off the road between Ocean City and Longport.— By Fred Miller, historian and former OCBP lieutenantlast_img read more

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Bluegrass Generals Featuring Members Of The Infamous Stringdusters, Greensky Bluegrass, More Set Cervantes’ Ablaze [Photos]

first_imgLoad remaining images On Friday and Saturday, bluegrass all-star outfit the Bluegrass Generals offered up a two-night, sold-out weekend run at Cervantes’ Masterpiece Ballroom in Denver, CO. The recent bluegrass extravaganza also included Andy Hall and Chris Pandolfi (The Infamous Stringdusters), Billy Strings, Mimi Naja (Fruition), Mike Devol (Greensky Bluegrass), and special guests. The Billy Failing Band offered support on Friday, featuring Todd Livingston, Silas Herman, and Eric Thorin.Led by Hall and Pandolfi, the Bluegrass Generals, along with their musical allies, “serve and protect the bluegrass people of Planet Earth.” Past guest generals include Sam Bush, Billy Nershi, Keith Mosley, Paul Hoffman, Larry Keel, and more.Check out a gallery of photos from Friday night’s show below courtesy of photographer Elliot Siff.Bluegrass Generals | Cervantes’ Masterpiece Ballroom | Denver, CO | 4/26/2019 | Photos: Elliot Sifflast_img read more

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Lower health care costs may last

first_imgA slowdown in the growth of U.S. health care costs could mean savings of as much as $770 billion on Medicare spending over the next decade, Harvard economists say.In a paper published in the May issue of Health Affairs, David Cutler, the Otto Eckstein Professor of Applied Economics, and co-author Nikhil Sahni, a senior researcher in Harvard’s Economics Department, point to several factors, including a decline in the development of new drugs and technologies and increased efficiency in the health care system, to explain the recent slowdown.If those trends continue over the next decade, they say, estimates of health care spending produced by the Congressional Budget Office (CBO) and the Office of the Actuary at the Centers for Medicare and Medicaid Services could be off by hundreds of billions.“Historically, as far back as 1960, medical care has increased at about one and a half to 2 percent faster than the economy,” said Cutler, who served as a health care adviser to the 2008 Obama campaign. “In the last decade, however, medical care has not really grown as a share of the GDP. If you forecast that forward, it translates into a lot of money.”Money that could have a profound effect not just on government spending, but on average workers as well, Cutler said.If the growth in costs remains flat, Cutler said, companies could direct savings on health care back to workers in the form of increased salaries. Reduced health care costs could also help relieve financial strain on critical government programs.“At the federal and state level, we’ve cut everything but health care,” Cutler said. “If we can hold the growth in health care spending down, it would reduce the pressure on government, and would allow us to avoid funding one program at the expense of others, or raising taxes.”Although forecasts by the CBO and Medicare actuaries have taken the recent slowdown in health care spending into account, those estimates come with a serious flaw, the researchers said: an assumption that costs have slowed largely due to the 2007 recession.By comparison, Cutler and Sahni’s study connects just over a third, about 37 percent, to the recession. The bulk of the decline, they say, is related to other factors, such as a decline in the development of new treatments.“For whatever reason, the technology that’s available for treating people seems to be improving at a slower rate than in the past,” Cutler said. “In recent years, there have been a number of oncology drugs that have been touted as potential blockbusters, but most haven’t sold as well as expected. Other analysts have also noted that while research and development spending by pharmaceutical companies has increased dramatically, the number of new drug approvals has remained flat.”With the passage of the Affordable Care Act, Cutler said, health care providers received new incentives to increase efficiency and reduce costly problems, such as readmitting patients soon after discharge and in-hospital infections.“There are a variety of different programs where we’ve said if you’re efficient you’ll be rewarded, and so that’s what a lot of institutions are trying to do,” he said.Steep out-of-pocket costs have also resulted in many people — even those who are insured — choosing to defer some treatments.“A typical insurance policy now has a deductible of over $1,000 for an individual, and maybe $2,000 for a family, and most people don’t have that amount of cash in the bank,” Cutler said. “It’s a big hurdle. People look at their cost sharing, and they say, this is a lot of money, I’m not sure I can afford it, so they’re cutting back on discretionary imaging, they’re cutting back on elective surgeries, and on referrals to specialists that might not be covered.“At the same time, insurers have become a lot smarter about directing people to cheaper alternatives when you do seek treatment,” Cutler added. “For example, it used to be that everyone took the branded version of a drug. Now, if you’re taking the branded version of a drug, you’ve gone out of your way to do that.”Ultimately, Cutler said, the question of whether earlier estimates of health care costs are correct will depend on whether insurers, providers, and the public continue to work to keep costs under control.“Don’t think of this as plate tectonics, where the earth’s crust is moving and we just need to figure out how fast it’s moving,” Cutler said. “We have a lot of control over this, through policies in the Affordable Care Act and Medicare and Medicaid. It’s not easy — no change is ever easy — but if we continue to do the right things, like stressing efficiency and helping people choose less expensive alternatives, then we can make sure this trend continues.”last_img read more

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What We Mean by Software-Defined Storage

first_imgIt’s day two of EMC World 2013 in Las Vegas. Everybody here is talking about or asking about software-defined storage. Let me give you a couple of analogies to help you understand what we mean by software-defined storage and what we at EMC are doing. There are two main components to keep in mind.Virtualize Everything, Compromise NothingIn my living room at home, I have a half-dozen control devices for my TV, my set top box for streaming Internet content to my TV, a DVR, a video game that my kids use more than I do, a DVD player, and an amplifier. There is nothing more annoying than not being able to watch a program because my kid has hidden the remote. I’d rather not have to search for it and fiddle with it. I’d rather just watch the program. It’s the same in the data center. You need dedicated operators for different infrastructures. And it’s a real pain.To control the devices in your living room, or to control the different devices in your data center, you need a common way of doing it. It’s more efficient. The folks in the data center can be way more productive. And it’s more reliable, because you tend to do things in a standard way.So if the universal remote control is what controls your home entertainment devices in your living room, software-defined storage controls the physical arrays in your data center. That’s the first part of what we are doing with software-defined storage.But that’s only half of it. In addition to providing a new model for storage management, software-defined storage also provides a new architecture for new kinds of workloads. And this is where the story really gets interesting.To continue the home entertainment analogy, a lot of the programming that was created for your traditional television set really didn’t produce a lot of high demands. Not all that long ago, you could only view about 525 lines or so of a TV picture if you were in the U.S., or 625 lines, I believe, if you were in Europe. But, either way, there really wasn’t any killer content to make TV come more alive.Over time, the entertainment industry went a long way to make movies and programming look phenomenal. But the regular, traditional TV just wouldn’t do it justice. So, in order to view the new movies and programming in all its glory, we needed something to interpret that content type. Without an HDTV and an HD DVR, you just didn’t get the full experience. So, people went out and got the wide screen, HDTV to watch the Super Bowl. And they kept the smaller TV they had in the kitchen for convenience. Different devices for different types of content.We see the same thing happening in data centers. A lot of new applications are being built in a different way, and we need new capabilities to interpret the new content types. So think of software-defined storage as enriching the underlying storage arrays to interpret these new content types that many of these new applications will be building.Now, traditional applications are not going away. Industry analysts estimate that traditional workloads will expand by 70% between 2012-2016. These workloads are typically block and file workloads. They require a high degree of transactional consistency. And a lot of the resiliency is built into the hardware itself. But we think the real opportunity going forward is going to be in next-generation cloud applications. These are a relatively small number of apps today, but they are growing explosively — ten times faster than traditional workloads! Typically, they are not going to require a block or file storage infrastructure. Object storage is what they are going to demand.We think we have solved many of these challenges with a product we call EMC ViPR. It is not just a point product. It is a platform for software-defined storage – both a new model for storage management, as well as the data services that provide a new architecture for new kinds of workloads. To learn more about it, see yesterday’s post, What is Software-Defined Storage?, by my colleague Amitabh Srivastava, head of EMC’s Advanced Storage Division.last_img read more

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Looking for grass

first_imgBy Brad HaireUniversity of GeorgiaCharlie Brummer wants to develop switch grass that can be used to make ethanol. If you’ve seen a patch growing in the wild, let him know. You may help the University of Georgia researcher and his colleagues fuel the United States in the future.Switch grass is a hardy perennial grass commonly grown for cattle feed in the Midwest, said Brummer, a forage and biomass crop researcher with the UGA College of Agricultural and Environmental Sciences. It also can be fermented to produce ethanol, a biofuel alternative to gasoline.Corn and sugarcane can be converted to ethanol, too. These two crops have been studied for many years, and hundreds of domesticated varieties are available for human use. But the full potential of switch grass hasn’t been captured, Brummer said. The few varieties cultivated in the United States are still considered wild.”We’re not necessarily looking for high-yielding switch grasses,” he said. “Our approach is to develop high ethanol-yielding switch grass varieties that are more easily fermentable, or more economical and viable for ethanol production in the United States.”But right now, Brummer needs switch grass samples, or germ plasm, that he and other UGA scientists can study. He’d like to collect 100 different cultivars. He’ll get about 35 of them from the Plant Genetic Resource Unit on the UGA Griffin campus. He hopes to find the rest growing wild around the Southeast this fall.”We want switch grass that was unlikely planted,” he said, “patches found around places that have never been tilled, like along wooded edges, in state parks or even cemeteries.”Hunters, hikers, campers or anyone who spends much time in nature are likely to see the switch grass he wants, he said. If they do, they can call (706) 542-8847 or e-mail [email protected] fall, switch grass can be found in large clumps with flowers, stems and leaves as tall as 6 feet. It will have tiny, shiny teardrop seeds, too. The foliage turns a pale yellow.Brummer will use standard breeding and field evaluation to study the different cultivars. Project partner Katrien Devos, a CAES plant geneticist, will study switch grass at the genetic level.”There is very little known about the genetics of switch grass,” Devos said. “The mode of inheritance is not known with certainty. We will build the genetic resources to bring switch grass up to the level with other crops so breeding can be done in a more efficient and targeted manner.”For example, she said, a line may be found that produces a good ethanol yield but not much biomass. With genetic mapping and markers, the gene, or genes, can be identified and placed into a plant that produces a lot of biomass, capturing the best of both plants.”In the end, we’ll breed switch grass varieties that the market, or the U.S. bioenergy industry, will demand in the future,” Brummer said.Devos and Brummer are part of a UGA team led by Alan Darvill, director of the UGA Complex Carbohydrate Research Center. The team was recently awarded a Department of Energy grant that will partner UGA with other universities, national laboratories and private companies to create bioenergy centers.These centers will push research to find and develop plants with cell walls more easily converted into sugars and microorganisms that can efficiently break down those walls and convert the sugars into fuel.UGA will receive $20 million over the next five years to conduct the work.last_img read more

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April 15, 2003 Notices

first_imgThe Board of Governors is seeking applicants for the following vacancies to be filled during its May 30 meeting in Key West: ABA House of Delegates: Three lawyers to serve two-year terms commencing August 12, at the conclusion of the ABA Annual Meeting in San Francisco. Applicants must be ABA members. Florida Legal Services, Inc. Board of Directors: Six lawyers to serve two-year terms commencing July 1. This is a 21-member board composed of seven members from client groups and 14 lawyers, 11 of which are appointed by The Florida Bar Board of Governors. Florida Lawyers Assistance, Inc. Board of Directors: Five lawyers to serve three-year terms commencing July 1. The purpose of this 15-member Board of Directors is to assist the legal community in securing counseling and treatment for emotional and chemical dependency problems for lawyers. Florida Patients Compensation Fund: One attorney to serve a four-year term commencing July 1 and expiring on June 30. The purpose of the board is to supervise the operations of the FPCF which provides excess medical malpractice coverage for health care providers.Persons interested in applying for any of these vacancies may download the application for special Appointment from the Bar’s Web site, www.flabar.org, or should call Bar headquarters at (850) 561-5600, ext. 6802, to obtain the application form.Completed applications must be received by John F. Harkness, Jr., Executive Director, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300 no later than 5:30 p.m., Friday, April 25.Resumes will not be accepted in lieu of the required application.11th Circuit seeks comments on rules April 15, 2003 Regular News Due to the election of Michael J. Faehner as president-elect of the Young Lawyers Division, his Sixth Circuit seat will become open commencing with the Bar’s Annual Meeting on June 27.The board will appoint someone to fill the remaining year of the term. Eligible members of the division from the Sixth Circuit wishing to apply for this seat should submit, (by mail or fax), a letter requesting consideration to Austin Newberry, The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300, fax: (850) 561-5825 by no later than 5 p.m. on May 13.Bar panel studies ABA model rules Pursuant to Rule 3-7.10, John Newman Bryant, of Jacksonville has petitioned the Supreme Court of Florida for Bar reinstatement.Any persons having knowledge bearing upon Bryant’s fitness or qualifications to resume the practice of law should contact James Morton, staff investigator for The Florida Bar, at (800) 342-8060, ext. 5845,or (850)561-5845.YLD seeks award nominations The Young Lawyers Division is now accepting applications for its six major awards: The Diversity Award, which recognizes a person and/or entity that demonstrates the highest morality and respect for all persons and diversity, for efforts and allegiance to creating diversity, and promoting a more diverse workplace. Along with the award, the YLD will make a monetary donation to the recipient’s charity of choice. The Quality of Life Award, which recognizes a person and/or entity that, through humanitarian respect, advances balance and fulfillment in lawyers’ lives by redefining current work habits and schedules to provide more flexibility and a more meaningful existence. The YLD will make a monetary donation to the recipient’s charity of choice. The Outstanding Jurist Award, given to a judge with an excellent reputation for sound judicial decisions and an unblemished record of integrity as a lawyer and judge and who demonstrates concern for and willingness to assist young lawyers and respects their abilities. The Lynn Futch Most Productive Young Lawyer Award, given to a young lawyer who is not a member of the Bar YLD Board of Governors, who has worked most diligently in the past year in Bar activities and/or law-related public activities and who has an excellent reputation for legal abilities and integrity. Most Outstanding Public Service Project by a local young lawyers group. The project must serve the public and community, enhance the relationship of young lawyers to the public and community, and be innovative. Most Outstanding Member Service Project by a young lawyers group. The project should internally serve young lawyers, provide for membership enrichment, and be innovative.For more information about the awards contact Austin Newberry, YLD administrator, at (850) 561-5624. Nominations for the awards also should be sent to Newberry at The Florida Bar, 651 E. Jefferson Street, Tallahassee 32399-2300 no later than May 1.Multijurisdictional practice of law In July 2000, Martha Barnett, then president of the ABA, appointed a commission to study the multijurisdictional practice of law and sought input from state bars and interested parties. The multijurisdictional practice of law (MJP) can best be defined as a lawyer providing legal services in a jurisdiction where that lawyer is not licensed to practice law. The legal services can be in any area of the law and may take place at any stage of the representation. The client can either be from the state where the lawyer is licensed (the home state) or where the lawyer wishes to practice or provide the services (the host state). The activity usually takes place on a temporary or occasional basis but at times may be regular and permanent.In response to the ABA’s request for input, Terrence Russell established The Florida Bar Special Commission on the Multijurisdictional Practice of Law (“Commission I”). The ABA issued an interim report in November, 2001. Commission I studied the report and, in March, 2002, made several recommendations to the Board of Governors all of which were adopted by the Board. The recommendations made by Commission I and approved by the Board can be found on The Florida Bar’s website, www.flabar.org. Thereafter, in August, 2002, the ABA adopted a final MJP report and recommendations which varied in some respects from the interim report.In order to study the final report and make recommendations for rule changes, President Tod Aronovitz appointed a second MJP Commission (“Commission II). Commission II’s mission was to study the report and make recommendations for rule changes in light of the policies adopted by the Board in March, 2002. Commission II’s recommendations were presented to the Board on April 4, 2003 for discussion in concept only. The rules will be considered for first reading at the May 28 – 30, 2003 meeting. In order to provide notice at the earliest possible date the Board of Governors of The Florida Bar, pursuant to Standing Board Policy 1.60, hereby publishes notice of intent to consider the following items at its May 28-30 meeting. These matters are additionally governed by Rule 1-12.1, Rules Regulating The Florida Bar, where applicable.Most amendments to the Rules Regulating The Florida Bar that are finally acted upon by the board must still be formally presented to the Supreme Court of Florida, with further notice and opportunity to be heard, before they are officially approved and become effective.To receive a full copy of the text of any of these proposed amendments call (850)561- 5840 — please reference any requested proposal by its title, rule number, or item number and date of this publication. FLORIDA RULES OF JUDICIAL ADMINISTRATION Rule 2.061 Foreign AttorneysSummary: Limits number of appearances by a foreign attorney to 3 appearances in a 365-day period. Requires the payment of a nonrefundable $250.00 filing fee to The Florida Bar. Requires the use of a form motion and includes form motion. RULES REGULATING THE FLORIDA BAR Chapter 1 General Rule 1-3.10 Appearances by Non-Florida Lawyers Summary: Amends title to specify that the rule applies to appearances in a Florida court. Limits number of appearances to by a foreign attorney to 3 appearances in a 365-day period. Revises subsection regarding lawyers prohibited from appearing. Amends requirements of motion to track language of Rule 2.061 of the Florida Rules of Judicial Administration. Rule 1-3.11 Appearances by Non-Florida Lawyers in and Arbitration Proceeding in Florida Summary: New rule setting forth the procedures for a non-Florida lawyer to appear in an arbitration proceeding in Florida. Chapter 3 Rules of Discipline Rule 3-2.1 Generally Summary: Adds subsection (q) containing definition of final adjudication. Rule 3-4.1 Notice and Knowledge of Rules Summary: Adds title language making it clear that rule provides for jurisdiction over attorneys of other states. Adds language regarding jurisdiction of attorneys of other states for disciplinary purposes and amends language regarding activities which trigger jurisdiction. Rule 3-4.6 Discipline by Foreign or Federal Jurisdiction Summary: Specifies that an attorney may be subject to discipline in Florida regardless of where conduct occurred and may be subject to discipline in more than one jurisdiction. Establishes choice of law provisions. Amends title to include choice of law. Rule 3-7.2 Procedures Upon Criminal or Professional Misconduct; Discipline Upon Determination or Judgment of Guilt of Criminal Misconduct Summary: Amends subsection (j) to require that notice of a disciplinary sanction from another state be provided to the executive director of The Florida Bar. Chapter 4 Rules of Professional Conduct Rule 4-5.5 Unlicensed Practice of Law As the amendments to this rule and comment are substantial, the rule and comment are produced in their entirety below. RULE 4-5.5 UNLICENSED PRACTICE OF LAW ; MULTIJURISDICTIONAL PRACTICE OF LAW (a) Practice of law. A lawyer shall not : (a) practice law in a jurisdiction , where doing so violates other than the lawyer’s home state, in violation of the regulation of the legal profession in that jurisdiction ; or in violation of the regulation of the legal profession in the lawyer’s home state or assist another in doing so. (b) Establishing an office and holding out as lawyer prohibited. assist a person who is not a member of the bar in the performance of activity that constitutes the unlicensed practice of law. A lawyer who is not admitted to practice in Florida shall not: (1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law; or (2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida. (c) Authorized temporary practice. A lawyer admitted and authorized to practice law in another United States jurisdiction, and (i) not disbarred or suspended from practice in any jurisdiction; or (ii) disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule, may provide legal services on a temporary basis in Florida that: (1) are undertaken in association with a lawyer who is admitted to practice in Florida and who actively participates in the matter; (2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized; (3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services: (i) are performed for a client who resides in or has an office in the lawyer’s home state; (ii) arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice; (iii) are not services for which the forum requires pro hac vice admission; or (4) are not within paragraphs (c)(2) or (c)(3); and (i) are performed for a client who resides in or has an office in the jurisdiction in which the lawyer is authorized to practice; or (ii) arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. Comment Paragraph (a) applies to unlicensed practice of law by a lawyer, whether through the lawyer’s direct action or by the lawyer assisting another person. A lawyer may practice law only in a jurisdiction in which the lawyer is authorized to practice. A lawyer may be admitted to practice law in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Regardless of whether the lawyer is admitted to practice law on a regular basis or is practicing as the result of an authorization granted by court rule or order or by the law, the lawyer must comply with the standards of ethical and professional conduct set forth in these Rules Regulating The Florida Bar.The definition of the practice of law is established by law and varies from one jurisdiction to another. Whatever the definition, limiting the practice of law to members of the bar protects the public against rendition of legal services by unqualified persons. Subdivision (b) This rule does not prohibit a lawyer from employing the services of paraprofessionals and delegating functions to them, so long as the lawyer supervises the delegated work and retains responsibility for their work. See rule 4-5.3. Likewise, it does not prohibit lawyers from providing professional advice and instruction to nonlawyers whose employment requires knowledge of law; for example, claims adjusters, employees of financial or commercial institutions, social workers, accountants, and persons employed in government agencies. In addition, a lawyer may counsel nonlawyers who wish to proceed pro se. Other than as authorized by law, a lawyer who is not admitted to practice in Florida violates paragraph (b) if the lawyer establishes an office or other regular presence in Florida for the practice of law. Presence may be regular even if the lawyer is not physically present here. Such a lawyer must not hold out to the public or otherwise represent that the lawyer is admitted to practice law in Florida. There are occasions in which a lawyer admitted and authorized to practice in another United States jurisdiction may provide legal services on a temporary basis in Florida under circumstances that do not create an unreasonable risk to the interests of their clients, the public or the courts. Paragraph (c) identifies such circumstances. This rule does not authorize a lawyer to establish an office or other regular presence in Florida without being admitted to practice generally here. Furthermore, no lawyer is authorized to provide legal services pursuant to this rule if the lawyer (1) is disbarred or suspended from practice in any jurisdiction or (2) has been disciplined or held in contempt in Florida by reason of misconduct committed while engaged in the practice of law permitted pursuant to this rule. The contempt must be final and not reversed or abated. There is no single test to determine whether a lawyer’s services are provided on a “temporary basis” in Florida, and may therefore be permissible under paragraph (c). Services may be “temporary” even though the lawyer provides services in Florida on a recurring basis, or for an extended period of time, as when the lawyer is representing a client in a single lengthy negotiation or litigation. Paragraph (c) applies to lawyers who are admitted to practice law in any United States jurisdiction, which includes the District of Columbia and any state, territory or commonwealth of the United States. The word “admitted” in paragraph (c) contemplates that the lawyer is authorized to practice in the jurisdiction in which the lawyer is admitted and excludes a lawyer who while technically admitted is not authorized to practice, because, for example, the lawyer is on inactive status. Paragraph (c)(1) recognizes that the interests of clients and the public are protected if a lawyer admitted only in another jurisdiction associates with a lawyer licensed to practice in Florida. For this paragraph to apply, the lawyer admitted to practice in Florida could not serve merely as a conduit for the out-of-state lawyer, but would have to share actual responsibility for the representation and actively participate in the representation. Lawyers not admitted to practice generally in Florida may be authorized by law or order of a tribunal or an administrative agency to appear before the tribunal or agency. This authority may be granted pursuant to formal rules governing admission pro hac vice or pursuant to formal rules of the agency. Under paragraph (c)(2), a lawyer does not violate this rule when the lawyer appears before a tribunal or agency pursuant to such authority. To the extent that a court rule or other law of Florida requires a lawyer who is not admitted to practice in Florida to obtain admission pro hac vice before appearing before a tribunal or to obtain admission pursuant to applicable rule(s) before appearing before an administrative agency, this rule requires the lawyer to obtain that authority. Paragraph (c)(2) also provides that a lawyer rendering services in Florida on a temporary basis does not violate this rule when the lawyer engages in conduct in anticipation of a proceeding or hearing in a jurisdiction in which the lawyer is authorized to practice law or in which the lawyer reasonably expects to be admitted pro hac vice . Examples of such conduct include meetings with the client, interviews of potential witnesses, and the review of documents. Similarly, a lawyer admitted only in another jurisdiction may engage in conduct temporarily in Florida in connection with pending litigation in another jurisdiction in which the lawyer is or reasonably expects to be authorized to appear, including taking depositions in Florida. Paragraph (c)(3) permits a lawyer admitted to practice law in another jurisdiction to perform services on a temporary basis in Florida if those services are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services are preformed for a client who resides in or has an office in the lawyer’s home state or if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted to practice. The lawyer, however, must obtain admission pro hac vice in the case of a court-annexed arbitration or mediation or otherwise if court rules or law so require. For the purposes of this rule, a lawyer who is not admitted to practice law in Florida who files more than 3 demands for arbitration or responses to arbitration in separate and unrelated arbitration proceedings in a 365-day period shall be presumed to be providing legal services on a regular, not temporary, basis. Paragraph (c)(4) permits a lawyer admitted in another jurisdiction to provide certain legal services on a temporary basis in Florida that are performed for a client who resides or has an office in the jurisdiction in which the lawyer is authorized to practice or arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted but are not within paragraphs (c)(2) or (c)(3). These services include both legal services and services that nonlawyers may perform but that are considered the practice of law when performed by lawyers. When performing services which may be performed by nonlawyers, the lawyer remains subject to the Rules of Professional Conduct. Paragraphs (c)(3) and (c)(4) require that the services arise out of or be reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted. A variety of factors evidence such a relationship. The lawyer’s client may have been previously represented by the lawyer, or may be resident in or have substantial contacts with the jurisdiction in which the lawyer is admitted. The matter, although involving other jurisdictions, may have a significant connection with that jurisdiction. In other cases, significant aspects of the lawyer’s work might be conducted in that jurisdiction or a significant aspect of the matter may involve the law of that jurisdiction. The necessary relationship might arise when the client’s activities or the legal issues involve multiple jurisdictions, such as when the officers of a multinational corporation survey potential business sites and seek the services of their lawyer in assessing the relative merits of each. In addition, the services may draw on the lawyer’s recognized expertise developed through regular practice of law in a body of law that is applicable to the client’s particular matter. A lawyer who practices law in Florida pursuant to paragraph (c) or otherwise is subject to the disciplinary authority of Florida. A lawyer who practices law in Florida pursuant to paragraph (c) must inform the client that the lawyer is not licensed to practice law in Florida. The Supreme Court of Florida has determined that it constitutes the unlicensed practice of law for a lawyer admitted to practice law in a jurisdiction other than Florida to advertise to provide legal services in Florida which the lawyer is not authorized to provide. Paragraph (c) does not authorize advertising legal services to prospective clients in Florida by lawyers who are admitted to practice in jurisdictions other than Florida. Whether and how lawyers may communicate the availability of their services to prospective clients in Florida is governed by Rules 4-7.1 through 4-7.11. A lawyer who practices law in Florida is subject to the disciplinary authority of Florida. Pursuant to Rule 3-7.10(b), James Edmund Baker of Orlando has petitioned the Supreme Court for Bar reinstatement.Baker was suspended for 91 days by a Supreme Court order dated January 31 for violation of Rule 4-8.4(a) (a lawyer shall not violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so; or do so through the acts of another; Rule 4-8.4 (b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects; and Rule 4-8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation).Anyone wishing to comment on Baker’s petition may contact Stephen C. Whalen, The Florida Bar, 5521 W. Spruce Street, Suite C-49, Tampa 33607-5958, phone (800) 940-4759.YLD to fill vacancy Pursuant to 28 U.S.C. §2071(b), notice and opportunity for comment is hereby given of proposed amendments to the Rules of the U.S. Court of Appeals for the 11th Circuit. In addition, pursuant to 28 U.S.C. §2071(e), notice and opportunity for comment is hereby given of amendments to 11th Cir. R. 33-1(c)(3) and 33-1(d) that were approved by general administrative order of the court to take effect April. A copy of the proposed amendments, may be obtained from the circuit’s Web site at www.ca11.uscourts.gov. A copy may also be obtained without charge from the Office of the Clerk, U.S. Court of Appeals for the 11th Circuit, 56 Forsyth St., N.W., Atlanta, Georgia 30303, phone: (404) 335-6100.Comments on the proposed amendments, and on the amendments to 11th Cir. R. 33-1(c)(3) and 33-1(d), may be submitted in writing to the clerk at the above street address by May 5.Baker seeks Florida Bar reinstatement Michael I. Levine of Weston was disbarred from the practice of law in Florida pursuant to the Supreme Court’s order of January 26, 1989.Levine was disbarred for conspiracy to commit racketeering acts and conspiracy to defraud the Internal Revenue Service. Levine has now submitted an application for readmission to The Florida Bar. The Florida Board of Bar Examiners will conduct a public hearing on Levine’s application for readmission.All members of the Bar are invited to write to the board regarding their knowledge of Levine, particularly in relation to his character and fitness for readmission to The Florida Bar. If you wish to be notified of the time and place of the hearing, submit a written request to Kathryn E. Ressel, executive director at the Florida Board of Bar Examiners, 1891 Eider Court, Tallahassee 32399-1750.Bryant petitions for reinstatement April 15, 2003 Notices A special Florida Bar committee reviewing changes to the ABA Model Rules 2002 has completed its interim report and is asking Bar members for their input on possible changes to Bar disciplinary rules.The ABA panel filed its recommendations in February 2002, based on the ABA’s Ethics 2000 Review panel. The Bar then created the Special Committee to Review the ABA Model Rules 2002, and charged it with reviewing Bar rules and recommending any changes.The committee’s goal throughout the project was to protect the public and maintain the core values of the profession.The interim report and recommended rule amendments have been posted on the Bar’s Web site. Go to FLABAR.org, and then click on Organization, then Special Committees and finally Special Committee to Review the ABA Model Rules 2002.The committee will consider member comments before making final recommendations to the Bar Board of Governors.The committee will meet to discuss any comments received at The Florida Bar Annual Meeting on Thursday, June 26, from 10 a.m. until noon. So that the committee members will have adequate time to review the comments prior to their June meeting, any comments must be received no later than May 27, 2003. Comments should be sent to Elizabeth Clark Tarbert, Ethics Counsel, The Florida Bar, 651 E. Jefferson Street, Tallahassee, Florida, 32399-2300.Members of the committee are, Adele I. Stone, chair, Andrew S. Berman, Randolph Braccialarghe, Timothy P. Chinaris, Mark K. Delegal, Timothy W. Gaskill, Charles P. Pillans III, Judge Ronald J. Rothschild, and D. Culver “Skip” Smith III.Legislative Action Under Rule 2-9.3 (b) – (e), Rules Regulating The Florida Bar, active members of the Bar may file a specific objection to any legislative position adopted by the Board of Governors.Objections properly filed within 45 days of this News issue will be considered for a refund of that portion of mandatory membership fees applicable to the contested legislative position, within an additional 45 days. The Bar’s governing board has the option to grant the appropriate refund to an objector or to refer the matter to arbitration.The arbitration process will determine solely whether the legislative position is within those acceptable activities for which compulsory membership fees may be used under applicable constitutional law. The objecting member’s fees allocable to the contested legislative position will be escrowed promptly upon receipt of the objection, and any refund will bear legal interest.Any active member may provide written notice to the executive director of The Florida Bar, setting forth an objection to a particular legislative position. Failure to object within 45 days of this News issue will constitute a waiver of any right to object to a particular legislative position within this notice.The policy requires the Bar to notice such legislative positions in the next available News issue following their adoption.Pursuant to Standing Board Policy 9.21, on March 21, the Board of Governors Executive Committee approved the following positions of The Florida Bar:8. Supports a merit-based selection process for Florida judges made up of nominating commissions that are comprised of one-third directly appointed by the governor, one-third directly appointed by The Florida Bar, and one-third jointly chosen by the appointees of the governor and The Florida Bar.9. Opposes amendment of Article V, Section 11 of the Florida Constitution to allow deliberations of judicial nominating commissions be open to the public.Levine petitions for readmission Board to make May appointmentslast_img read more

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Ways to save money on Halloween

first_img 174SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Tyler Atwell Web: www.cuinsight.com Details Halloween is one of my favorite holidays. As a child I loved making my costumes and mapping my route based on who gave full size candy bars the year before. Now as an adult, I love handing out candy and trying to guess what all the costumes are. According to a poll from the National Retail Federation, Americans are planning on spending more than ever this Halloween. It’s estimated that we will spend $8.4 billion this year, which breaks down to an average $82.93 per shopper. If that number seems too spooky, follow these saving tricks to treat your budget.Get your candy from warehouse clubsPlaces like Sam’s Club or Costco are great for buying anything in bulk and yield a ton in savings. If you have a membership to one of these stores, they already have a variety of candies available. You’ll save enough to be able to buy a few extra bags, which is great for anyone like me who has no self-control at all when it comes to chocolate.Hold off on buying those pumpkinsThe search for the perfect pumpkin is one of the best parts of the holiday. Postpone the search until as close to Halloween a possible, as many stores will give discounts in order to clear out inventory. Not to mention the pumpkins you carve won’t have time to rot before their big day, and you can use the uncarved pumpkins for Thanksgiving decorations!Search around for free activities in the communityA lot of community centers, schools, museums, churches and other local venues host free Halloween events for their communities. Look at your local newspaper, Facebook events, or community calendars to plan your holiday outings.Make or share your Halloween costumesYou can find plenty of tutorials and tips online for making Halloween costumes with inexpensive materials. Some blogs suggest making the costume creation process a competition with your kids by giving them a budget and letting them loose in a thrift shop. My family got into the habit of lending and borrowing costumes with our friends which is great way to not spend anything and still look good.Craft your own decorationsHaving the spookiest house on the street provided a sense of pride in my neighborhood when I was a kid. Now the scariest part of Halloween isn’t the decorations themselves, it’s how much they can cost. To save big, head over to your local dollar store and pick up some supplies to craft your own decorations.last_img read more

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Thirteen EU member states supported Croatia’s efforts to establish an EU Tourism Fund

first_imgA delegation of the Ministry of Tourism, consisting of State Secretary Frano Matušić and Chief Adviser to the Minister Barbara Mesić, participated in the 11rd meeting of the UNWTO Commission for Europe in Prague from 13 to 63 June. By the way, Croatia currently chairs the UNWTO Commission for Europe, and State Secretary Matušić chaired the presidency of the Commission on behalf of the Ministry of Tourism.A few months ago, Minister Cappelli started lobbying EU member states in order for tourism to gain a better position in the EU institutions and the establishment of the EU Tourism Fund, and Minister Cappelli and the Government of the Republic of Croatia were supported by the European Parliament financial lines for tourism. According to the Ministry of Tourism, in the meantime, information and support for the Croatian initiative began to spread among all members, so that thirteen member states: Italy, Portugal, Spain, Cyprus, Romania, Slovakia, Lithuania, Latvia, Malta, Poland , Greece, Bulgaria and Slovenia – both in writing and in bilateral meetings, sided with Croatia.The tourism sector employs 24 million people in the EU and generates 10 percent of GDP and certainly deserves to be more represented within the EU, is one of the main arguments for strengthening the position of tourism in EU institutions, ie the establishment of the EU Tourism FundYesterday in Prague, at a meeting of the Commission for Europe, support for the Croatian initiative was voted on. During the discussion, Italy pointed out that strengthening the position of tourism is an issue of strong EU interest, and that the UNWTO (World Tourism Organization) should be the main protagonist who will support us with its decisions at the EU level. All 13 Member States agreed that tourism deserves a separate administration within the European Commission (currently under administration together with the creative industries), that this separate body should be a place where we will discuss employment, youth, the labor force, but also stronger financial support for tourism.”The government has recognized the value of tourism and that is why we have launched an initiative to establish a single European fund for tourism and working groups to give tourism in Europe as the strongest tourist region in the world its deserved place and representation. The launch of this initiative is of great importance for Croatia as one of the leading tourist destinations in Europe, and its implementation would open up numerous financial and development opportunities for the Croatian tourist system.”, Said Minister Cappelli on the recommendation of the European Parliament.As the multiannual financial framework for the next seven-year period is adopted by autumn 2018, and next year there are new elections for the European Parliament, this is the right time for all countries that advocate strengthening the position of tourism to join their votes. As tourism is a horizontal activity, it is financed from several different funds, for most countries it is most important to financially support innovative entrepreneurial projects in tourism, which will generate new employment, and consequently positive financial processes. “UNWTO Secretary-General Zurab Polilikashvili has openly supported the initiative from the beginning, and talks on the issue will continue in the EU institutions over the next month. However, this time Croatia will not be alone. A large number of member states will be with us. ” stand out from the Ministry of Tourism.Croatia to host UNWTO session next yearAt the end of yesterday’s session of the UNWTO Commission for Europe, it was announced that Croatia has won the competition for the next host of the UNWTO Commission, which will be held in 2019 in Croatia. It will be an opportunity to host the leaders and leaders in tourism of the 42 members of the UNWTO Commission for Europe.last_img read more

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Wavering intent: Plan to reopen places of worship gets mixed response

first_imgThe government’s plan to gradually reopen places of worship has drawn mixed responses from religious groups and health experts, many of whom insist that any possible easing of curbs anywhere should be contingent on low risk of transmission.For Muslim-majority Indonesia, where faith plays a large role in society, the pandemic has shuttered various mosques, temples and churches and prevented people from holding mass prayers.However, the debate has managed to open a can of worms that pits public health against the right to practice religious beliefs. “There should be a guarantee from experts and authorities that can be held accountable. Only if these terms are fulfilled can we think about reopening, and even then only with strict [health] protocols,” Abdul told The Jakarta Post.Rev. Japarline Marbun, head of the Bethel Church of Indonesia’s (GBI) synod, also said it would be better to err on the side of caution, considering how difficult it is to put in place the necessary health protocols in some churches.“It is difficult, for instance, to expect congregations not to jostle as they enter the church, and there are many churches closed off with [poor] air circulation,” Japarlin said.And while some preach about the importance of relying on science to ensure public health, others still find it hard to heed state-sanctioned physical distancing measures.The nation’s top Muslim clerical body, the Indonesian Ulema Council (MUI), which comprises many organizations including NU and Muhammadiyah, said that places of worship should be allowed to reopen their doors to worshipers in areas deemed safe from COVID-19 transmission.“Under conditions where the spread of COVID-19 is under control, Muslims are obliged to carry out Friday prayers and allowed to get involved in mass prayer activities […] so long as they stay mindful of not getting infected,” said Asrorun Niam Sholeh, the MUI’s fatwa commission secretary, in a statement.Last week, Religious Affairs Minister Fachrul Razi signed a circular detailing the necessary protocols for reopening places of worship in areas deemed to have little risk of viral transmission.“The guidelines stipulate that any religious or social activity at a place of worship must take account of the real circumstances in the immediate vicinity and not just the status designated for that given area,” Fachrul said in a virtual press briefing on Saturday.“Even if, for example, an area is considered a yellow zone, if COVID-19 transmission is found anywhere near a place of worship, that place cannot host any collective prayer.”In order for a place of prayer to be reopened to the public, Fachrul said the local COVID-19 task force must recommend it in coordination with the relevant authorities. Recommendations can also be revoked if new infections are recorded or if there is a perceived lack of health protocol enforcement.Three months after Indonesia reported its first COVID-19 infection, the government has come under fire for not acting swiftly enough to curb the spread of the disease among the nation’s devout – the millions of people who are accustomed to attending mass congregations and collective prayers.A recent report from the Jakarta-based Institute for Policy Analysis of Conflict (IPAC) found that the lack of an early response to ban mass religious gatherings in the early days of COVID-19 transmission had contributed to the emergence of two infection clusters: the Gowa cluster linked with a tabligh (Muslim mass gathering) in South Sulawesi, and another from a religious seminar by GBI in Lembang, West Java.“The lack of clear guidance on enforcement or sanctions could lead to unfortunate outcomes: new clusters of religious ‘super-spreaders’ or vigilantism, as some groups decide to take law into their own hands,” researchers said in the IPAC report.The city of Brebes in Central Java was designated a COVID-19 “red zone” early last month after 16 of its residents tested positive for the disease after returning from the Gowa tabligh event, while 127 people were infected from the Lembang event.University of Indonesia epidemiologist Pandu Riono said that restrictions on places of worship should be eased gradually and that the government should be prepared to conduct local testing and tracing should COVID-19 cases increase following the reopening of such locations.There are always going to be concerns about violations or if [proper health protocol] is not observed,” Pandu told the Post.“If people in a congregation from mosques or churches catch [the virus], the entire group should be tested and [places of worship] should be temporarily closed.”Topics : Robikin Emhas, chairman of the country’s largest grassroots Muslim organization, Nahdlatul Ulama, said the current circumstances called for a thorough assessment of the options and should take various factors into account, including the rate of infection and the preparedness of the national healthcare system.He said that any state policy should consider the actual conditions in the field as they relate to the infection curve, as well as the ability to contact-trace, quarantine and treat COVID-19 patients.“As an exit strategy for the current large-scale social restrictions, a ‘new normal’ should be studied and prepared thoroughly so it may foster a productive livelihood for a society that is safe from COVID-19,” said Robikin, a vice presidential advisor.Abdul Mu’ti, secretary-general of the nation’s second-largest Muslim group, Muhammadiyah, voiced a similar opinion, saying that reopening places of worship should not be done with haste, calling instead for the government to focus on prevention.last_img read more

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Wildfires rage in California, stoked by extreme heat in US West

first_imgOfficials in Madera County issued evacuation orders and urged the county’s 157,000 residents to leave if they felt unsafe.A hiker who had just embarked on a multi-day trip when the Creek Fire broke out and had to find a way out of the blaze shared the harrowing experience on social media.”We’re safe and we’re out, but wow, we hiked our way out of the #CreekFire yesterday,” Asha Karim posted on Twitter https://twitter.com/ashasquasha/status/1303003437626318850.San Francisco-based power provider PG&E Corp warned customers on Monday in 21 counties, mostly in the Sierra Foothills, that their power might be shut off as a safety measure because of the extreme high and dry winds. Three large wildfires continued to burn in California as a record-breaking heat wave lingered across large swaths of the western United States on Monday.The Creek Fire, which has engulfed the Fresno area in central California and caused the emergency evacuation over the weekend of more than 200 people vacationing at a popular reservoir, was still 0% contained as of Monday afternoon, fire officials said.The blaze, growing under “extreme weather conditions,” had devoured nearly 79,000 acres (32,000 hectares) of land, while a cause remained under investigation, the California Department of Forestry and Fire Protection (CalFire) said in a statement. Topics :center_img A fire in San Bernardino County, southeast of Los Angeles, that officials said was caused by a pyrotechnic device used during a gender reveal party, kept burning through the night and was 7% contained as of Monday morning.East of San Diego in Southern California, nearly 400 firefighters battled the Valley Fire, which burned more than 10,000 acres (4,050 hectares)in Cleveland National Forest. Video shared on social media showed firefighters dousing the flames, the air thick with ash and fire embers.The blaze was at only 1% containment as officials issued more evacuation orders on Monday afternoon and announced the deployment of military aircraft to help fight the rapidly spreading flames.Late on Sunday, California Governor Gavin Newsom declared a state of emergency in Fresno, Madera, Mariposa, San Bernardino and San Diego counties due to the wildfires, which also prompted the US Forest Service to temporarily close some national forests including the Sierra National Forest, the Angeles National Forest and the San Bernardino National Forest.The California Independent Systems Operator, which runs most of the state’s power grid, again urged consumers to cut back on energy consumption and said it was monitoring wildfires throughout the state threatening power lines.”Temperatures are expected to be above normal statewide for the third consecutive day, driving up electricity demand, primarily from air conditioning use,” it said in a statement. last_img read more

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