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Tuesday, October 2, 2012
Monday, October 1, 2012
Court seems unclear on house versus boat question
The Supreme Court is seen in Washington, Monday, Oct. 1, 2012. The Supreme Court is embarking on a new term that could be as consequential as the last one with the prospect for major rulings about affirmative action, gay marriage and voting rights. (AP Photo/Carolyn Kaster)
The Supreme Court is seen in Washington, Monday, Oct. 1, 2012. The Supreme Court is embarking on a new term that could be as consequential as the last one with the prospect for major rulings about affirmative action, gay marriage and voting rights. (AP Photo/Carolyn Kaster)
WASHINGTON (AP) ? Is it a house or a boat? Does a coffee mug float? The Supreme Court struggled with all types of questions Monday as it tried to figure out what kind of floating structures fall under maritime law, a question that could have a profound impact on popular businesses like floating casinos, hotels and restaurants.
The question under discussion on the court's first day of arguments was about Fane Lozman's floating home ? a gray, two-story vessel approximately 57 feet in length that he towed to the marina in Riviera Beach, one of South Florida's poorest coastal cities. Lozman then started fighting with the city over a planned private redevelopment project for the marina.
The city in 2009 told Lozman, a former Chicago financial trader, his right to stay at the marina would be revoked unless he got the structure registered as a vessel and proved it could be moved when a hurricane or tropical storm threatened. The city also demanded payment of more than $3,000 in dockage fees. When Lozman refused to pay or leave the marina, the city used U.S. maritime law to impose a lien on the structure as a vessel. Lozman argued in court that it was a house (it had no engines, no bilge pumps, no steering mechanism, no lights or navigation aids), which would have given it some protection from seizure under state law.
But a judge sided with the city, and the property was seized, then bought by Riviera Beach for $4,100 and destroyed. The city has posted a $25,000 bond in lieu of Lozman's property.
More than 5,000 Americans own floating homes, and there are more than 60 floating casinos in the United States that could be affected by this ruling.
Justices didn't accept lawyer David C. Frederick's argument for the city that the current description of a vessel as something that "floats, moves, and carries people or things on water" was clear enough to carry the day.
An inner tube or inflatable raft would fit that description, Chief Justice John Roberts started. Justice Stephen Breyer then held up his coffee mug.
"A cup doesn't float," Frederick said. "Oh, well, this is lighter than you think," Breyer retorted.
"How about a garage door?" added Justice Sonia Sotomayor.
Then Justice Elena Kagan jumped in: "Paste a couple of pennies on the inner tube. Now it carries things."
Lozman's lawyer, Jeffrey L. Fisher argued that his house clearly wasn't a vessel, because it was dependent on the land to work properly. "A floating home cannot function if it's not tied to land. It doesn't matter how many amps we want to fight about. It's whether it needs that power from land, whether it needs those connections to land. A houseboat, like any other vessel, can fully function away from port," Fisher said.
But a couple of justices didn't accept his definition either.
"Maybe these floating homes are just a poor man's houseboat," Kagan said. "The point of getting a floating home is actually to have a home that you can hook up to a boat and move from place to place, and so you don't have to, you know, have the motor running all the time or have the capacity to move it all the time, but when you want to move it on water and when you want to move your possessions on water, you have the capacity to do so."
The case is Lozman v. the city of Riviera Beach, Fla. No. 11-626.
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What motorists should know about California's auto lemon law
California's lemon law is designed to protect consumers who discover a serious, unfixable flaw in a vehicle they've purchased or leased. Here are key things to know about the law, according to the state Department of Consumer Affairs:
? The law applies to any problem that "substantially impairs the use, value or safety" of a car covered by a manufacturer's new vehicle warranty, provided the problem is discovered within 18 months or 18,000 miles of purchase or lease. Even if you bought the car used, the lemon law applies to the vehicle if the original warranty is still in effect.
? If the manufacturer cannot fix the problem, it must replace your car with a new one that is "substantially identical" or refund your money ? your choice. The manufacturer can charge you for the mileage you've put on the flawed vehicle. If you've driven the car 6,000 miles, for example, the carmaker can deduct 5% of the original price before giving you a refund.
? Manufacturers are allowed a "reasonable" number of repair attempts before a car is branded a lemon. This is generally defined as four attempts, but in the case of potentially life-threatening problems, such as faulty brakes, they get only two tries. Also, if the vehicle has been in the shop for more than 30 days (not necessarily in a row) and is still not fixed you're entitled to seek a replacement or refund.
? Don't be surprised if the manufacturer, through its dealer, pushes back. The dealer may argue that the problem was caused by "abuse," in which case the lemon law doesn't apply. The dealer may also contend that the problem is not covered by the warranty, or that it has not had enough opportunities to fix the problem. Be sure to keep careful records of all work on the vehicle.
? To settle lemon law disputes, many manufacturers participate in the state-certified arbitration program. If you choose to go to arbitration, you have the right to accept or reject the arbitrator's decision. If you accept it, the manufacturer must also accept it. If you reject it, you can still take your case to court.
scott.wilson@latimes.com
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Mum-entous run: Annual road race benefits Bristol Sports Hall of Fame
Sunday, September 30, 2012 12:19 AM EDT
BRISTOL ? The city?s 43rd annual Mum-a-Thon drew scores of walkers and runners downtown Saturday.
?It?s good,? said Curt Stella, one of the runners, ?because it forces you stay in shape.?
Prodded by his children, Stella began running a couple of years ago. But he confesses it?s not always easy.
He said the flat 5 kilometer course through downtown and along Memorial Boulevard ? with both the start and finish at Immanuel Lutheran School on Meadow Street ? is especially nice.
?It?s different from doing all those hills,? said John Lefreniere, who posted the winning time for men in their 50s.
It was so flat, he said, made it an especially fast course.
The race is a fundraiser for the Bristol Sports Hall of Fame. One of the organizers, Tom Ragaini, said it brings in a modest haul for the organization but it?s fun.
He said the new downtown course offers a chance for the race to grow in the years ahead as downtown itself begins to turn around.
Joe Swenton, a Bristol Track Club member, said he watched the first Mum-a-Thon more than four decades ago, when it was an eight mile race that set off from Bristol Plaza. He said participants traversed much of northern and northeastern Bristol.
?It was all runners. No walkers,? he said.
Now there are many people participating who stroll along rather than competing for the fastest times, just taking in a pleasant fall morning.
For those running, though, it can be a challenge.
?This is like a stress testk? Stella said after finishing. ?My heart?s still beating.?
The fast runner Saturday was David Riccinti, 43, who posted a time of 17 minutes, 48 seconds. The quickest women runner was 11-year-old Desiree Davis, who reached the finish line in 21 minutes, 27 seconds.
The full results are available at CTMumaThon.com.
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Source: http://bristolpress.com/articles/2012/09/29/news/doc5067a9feb5693409689175.txt
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Escaping The Impossible
A group of teens with animal attributes are kidnapped from a science lab because of their amazing powers they have gained because of experiments. How will they get out of the heavily guarded military? Looks like you'll find out when the roleplay begins.
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This topic is an Out Of Character part of the roleplay, ?Escaping The Impossible?. Anything posted here will also show up there.Topic Tags:
Forum for completely Out of Character (OOC) discussion, based around whatever is happening In Character (IC). Discuss plans, storylines, and events; Recruit for your roleplaying game, or find a GM for your playergroup.Good idea! I will be joining. I assume you are going to do the wolf human thing, so I will go for a neko (cat person) :D
Real knowledge
is to know the extent
of one's ignorance.
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Haas33 - Member for 0 years
I will make a charrie! He will be having tiger attributes!! ^^ Have him made some time tonight, when I finish making my rp~!
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*Falie~Nyan~Kat* - Member for 0 years
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The One Thing Every Writer Has Experienced Before
Writer's block.
Oh. My. Gawd.
You open the word editor, place your fingers on the keyboard, and suddenly the despair sinks in. You can't visualize the story. You can't formulate the right words. There's this thick wad of ephemeral nothingness just sitting there, preventing the flow of words that you know so well and love so much from reaching the page. You wait for a while, hoping for something to come--anything--a piece of dialogue--anything--but the wad of nothingness just seems to grow thicker, forcing you out of your own mind. Gah! You throw up your hands in the air. Writer's block strikes again!
The wad of nothingness stays there for hours on end. Sometimes it lets up and you can crank out a sentence or two, but the words seem foreign, strange, lost in translation. You try to come up with something better, but everything sucks. All those years of practice and the best you could come up with was "he smiled happily at her happy smile"!?
You walk around the house, thinking over the story, fueling your muse. Finally you can see it: the dragon, swooping down from the tower, mouth wide, tongue ensnared with wicked embers. But you can't see the sentences. You can visualize it, but the vocabulary to accompany the actions is missing. You decide to try your hand at writing it anyway.
"Teh dragon flew to the ground, opened it mouth, breathed fire and burned all the soldiers. They dropped dramatically to the ground and died. the dragon spread its wings victoriously, the end."
You feel like you wrote something. You're staring at the period; you know you just wrote something. But why are you so afraid to look at it? What the heck did you just write!? Look at it!
GAH! IT BURNS!
You delete, you retype, you delete, you retype--but dangit, there is no hope; you've digressed down the evolutionary ladder and wound up somewhere on the lower rungs.
You bang your Neanderthalian skull against the metaphorical wall, trying fruitlessly to break the block. You do this for days. You do this for weeks. You do this for months, or even years. All you end up with is a brain tumor.
You browse the web, searching for help. You find sites for helping you write better prose, articles with some ideas for writer's block, forums, books, scrolls, grimoires, tomes--but none of them help.
This wad of nothingness is impenetrable. When it appears, all hope is lost. Fighting it is fruitless.
You cannot. Beat. Writer's block. This is the one realization I've come to...realize, and it's helped me tremendously. Don't fight writer's block, because you can't beat it. The only thing you can do is get through it.
Source: http://www.streetarticles.com/creative-writing/the-one-thing-every-writer-has-experienced-before
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News and Society Blog-Environmental Info: How Is Energy Created?
Energy is the power that lights up our homes, helps us in transportation and helps manufacture every kind of products. Creation or destruction of energy is not possible and it can only be changed from one form to another. Types of energy include both renewable and non-renewable resources.
Non-renewable Sources of Energy
Coal, petroleum and natural gas are fossil fuels that we use for producing various forms of energy. These are non-renewable sources of energy as they cannot be regenerated or created again. Uranium is also a non-renewable energy resource, which is employed in nuclear power plants.
To produce energy, these fuels undergo a process called combustion. Combustion leads to pollution, as it releases sulphur dioxide and carbon monoxide that lead to global warming and acid rains.
Renewable Sources of Energy
Those sources of energy that can be reused over and again include wind, solar power, biomass, hydropower (water) and geothermal power. These are referred to as renewable or alternative energy, and can be defined as a form of energy that does not expend earth's limited resources and can be refilled quickly and easily.
Renewable energy does not generate pollution in gathering and production of power, unlike non-renewable energy. The sources of renewable energy are:
Wind turbines that generate or create electricity from the wind.
Sun is the biggest source of energy and produces solar power. Direct and indirect energy from the sun can be used to create electricity using solar or photovoltaic panels. Such panels are used in office and homes to generate electricity.
Natural products like wood, corn and manure help create biomass, which are used to generate heat by burning them.
Hydropower comes from rivers and dams. A turbine is located at places with high water currents. Flowing water activates the turbine, which in turn generates electricity.
The earth's crust generates geothermal mass through the extremely hot water or stream that is extracted from the crust by engineers. This is used to generate electricity.
Sun is the biggest source of energy that produces other sources. For example, wind is produced through the interaction between the atmosphere and the solar energy. Not only does the wind drive wind mills and power sailing ships, but it also helps a great deal in producing electricity.
Similarly, when solar energy interacts with the oceans, it sets hydrological cycle in motion. This cycle leads to rainfall and creates other potential energy through flow of water in rivers and streams, which in turn help create hydroelectric power.
Renewable energy has many advantages. It can be replenished and facilities generating this energy do not require large maintenance costs. As this form of energy does not produce harmful products and gases such as carbon monoxide, it does not harm the environment either. The fact is that the earth receives 6000 times of energy that is used throughout the world. The need of the hour is to transform this energy to suit our requirements and to help create and sustain a better environment for the current and future generations.
Graeme is writing on behalf of Business energy suppliers Haven Power
Article Source:http://EzineArticles.com/?expert
Source: http://newsandsocietyblog-environmentalinfo.blogspot.com/2012/09/how-is-energy-created.html
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