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October 1981 | Four B’s for Boys

Four B’s for Boys

October 1981 General Conference

The Brethren have asked that I now speak to you. This has been a wonderful meeting. I hope that we long remember what we have heard.

As I consider some of the problems people cause themselves by failing to look ahead, I think of a letter I clipped a long time ago from a newspaper. It was first published in England. I hope you will pardon a bit of humor. I use it only to set the stage for what I wish to say.

It appears that an English company owned a property in the West Indies. A violent storm damaged one of the buildings, and a man was sent to make repairs. Of his experience, he wrote the manager as follows:

“Respected Sir,

“When I got to the building, I found that the hurricane had knocked some bricks off the top. So I rigged up a beam with a pulley at the top of the building and hoisted up a couple of barrels full of bricks. When I had fixed the building, there was a lot of bricks left over.

“I hoisted the barrel back up again and secured the line at the bottom, and then went up and filled the barrel with extra bricks. Then I went to the bottom and cast off the line.

“Unfortunately, the barrel of bricks was heavier than I was, and before I knew what was happening the barrel started down, jerking me off the ground. I decided to hang on, and halfway up I met the barrel coming down and received a severe blow on the shoulder.

“I then continued to the top, banging my head against the beam and getting my finger jammed in the pulley. When the barrel hit the ground, it bursted its bottom, allowing all the bricks to spill out.

“I was now heavier than the barrel and so started down again at high speed. Halfway down, I met the barrel coming up and received severe injuries to my shins. When I hit the ground, I landed on the bricks, getting several painful cuts from the sharp edges.

“At this point I must have lost my presence of mind, because I let go of the line. The barrel then came down, giving me another heavy blow on the head and putting me in the hospital.

“I respectfully request sick leave.”

After hearing that, you may wonder how anyone could be so thoughtless and shortsighted. And yet every day we see people whose lives become entangled and who are bumped and bruised because they fail to plan, to think, to consult with others, to follow the teachings of the gospel. I appreciate what has been said tonight to the boys of the Aaronic Priesthood. And since they constitute a very substantial part of this vast congregation, boys whose lives are largely ahead of them, I should like to speak to them, to help save them from some of the bumps and bruises of life.

I should like to offer what I have chosen to call “Four Bs for Boys.” They are: (1) Be Smart, (2) Be Fair, (3) Be Clean, and (4) Be True.

  1. Be smart.

    By this I do not mean be smart-alecky or anything of that nature. I mean be wise. Be smart about training your minds and hands for the future. Each of you is a member of The Church of Jesus Christ of Latter-day Saints. Each of you is a son of God. You have an obligation to make the most of your life. Plan now for all the education you can get, and then work to bring to pass a fulfillment of that plan.

    You live in a complex age. The world needs men and women of ability and training. Do not short-circuit your education.

    I am not suggesting that all of you should become professional men. What I am suggesting is this: whatever you choose to do, train for it. Qualify yourselves. Take advantage of the experience and learning of those who have gone before you in whatever field you choose. Education is a shortcut to proficiency. It makes it possible to leapfrog over the mistakes of the past. Regardless of the vocation you choose, you can speed your journey in getting there through education.

    The Lord himself has said to all of us: “Seek ye out of the best books words of wisdom; seek learning, even by study and also by faith.” (D&C 88:118.)

    Over the years the Church has put vast sums of money into education, secular as well as religious. From the beginning of this work, our leaders have taught us the importance of training.

    Be smart. Do not forfeit the schooling that will enhance your future in order to satisfy your desire for immediate, fleeting pleasure. Cultivate the long view of your life. Most of you are going to be around for a good while.

    Be smart—in your appearance, in your deportment, in your manners. I am not suggesting that you go about dressed as a fashion plate. I am suggesting that you be clean and neat in your appearance, that you be gentle in your speech, that you be courteous and respectful in your manner. Each of you is a Mormon boy. Whether you think it or not, you will reflect good or ill on the Church by reason of your behavior.

    Be smart. Do not be so shortsighted as to indulge in the use of alcohol, tobacco, and drugs. It simply is not smart to do so. It is stupid, if you will pardon that harsh word, to use cocaine, marijuana, or any of the other drugs that rob you of control of your mind. After every drug-induced “high,” there is a reactionary “low.” Why spend money on that which can only harm you? Why become enslaved to a habit that can only hinder and short-circuit your future?

    Beer and other forms of alcohol will do you no good. Their use will be expensive, will dull your conscience, and could lead to the disease called alcoholism, which is humiliating, dangerous, and even deadly. Tobacco will shorten your life. Studies show that it will enslave you, weaken your lungs, and statistically that it will shorten your life seven minutes for each cigarette smoked.

    Be smart. Take the Lord at his word. His is the wonderful promise that those Saints who follow his counsel in these matters “shall find wisdom and great treasures of knowledge, even hidden treasures;

    “And shall run and not be weary, and shall walk and not faint.” (D&C 89:19–20.)

    Young men, do you wish to run and not be weary and to walk and not faint and to grow in knowledge and understanding? Then be smart in shunning those things which inevitably will shackle you, adversely affect your health, cloud your minds, and shorten your lives.

  2. Be fair.

    We hear complaints that in high schools where Latter-day Saints are in the majority, those not of our faith feel discriminated against. Most of you will go on missions, we hope all of you. You will learn the importance of friendshipping and fellowshipping. Now is the time to practice these principles, to reach out with appreciation and kindness to others. Many a young man has come into this Church because of the friendship of a high school associate. I earnestly hope that no boy within the sound of my voice will ever do anything to prejudice an associate against the Church or its people.

    I should like to add that I feel that there is no real basis for such charges of discrimination. But, be they true or not, I want to suggest that we develop an outreaching attitude to help those who are not of us, to encourage them, to lead them in a gracious and kindly way toward those associations which could expose them to the wonderful programs of the Church.

    I think of Edwin Markham’s poem:

    He drew a circle that shut me out—

    Heretic, rebel, a thing to flout.

    But Love and I had the wit to win:

    We drew a circle that took him in!

    (“Outwitted,” in The Best Loved Poems of the American People, sel. Hazel Felleman, New York: Doubleday, 1936, p. 67.)

    Now, in saying this I am not suggesting that LDS boys date non-LDS girls, or vice versa. Your chances for a happy and lasting marriage will be far greater if you will date those who are active and faithful in the Church. Such dating is most likely to lead to marriage in the House of the Lord.

    What I am speaking against is any attitude whatever that demeans, that downgrades, that leads to evil speaking of another.

    In athletic contests there is no occasion for booing and catcalls. Of course mistakes are made by umpires and referees. Of course players do things outside the rules. But the score will not be changed by all the booing in the world.

    Be fair. As you move onward in your lives, in your university studies and beyond, avoid shady and unfair practices. Clean competition is wholesome; but immoral, dishonest, or unfair practices are reprehensible, and particularly on the part of a Latter-day Saint.

    Be fair. The best rule ever given concerning standards of fairness was spoken by the Lord when he said, “Whatsoever ye would that men should do to you, do ye even so to them.” (Matt. 7:12.)

  3. Be clean.

    The Lord himself said, “Be ye clean.” (D&C 38:42.) I speak particularly of moral cleanliness. There is no substitute under the heavens for personal virtue.

    We live in a time when the world considers virtue lightly. You young men of the Church cannot consider it lightly. For a Latter-day Saint, loss of virtue inevitably means loss of self-respect, loss of respect for her with whom he transgresses, loss of discipline in managing one’s mind and body, and loss of integrity as a holder of the priesthood. Of course there is repentance, and of course there is forgiveness. But there will also be heartache and regret and disappointment. There may likewise be cast a cloud upon your opportunity for future service in the Church.

    I am not asking you to be prudish. I am asking you to be virtuous, and I think there is a vast difference between the two.

    Be clean. Watch what you read. No good and much harm can come of reading pornographic magazines and other such literature. They will only stimulate within you thoughts that will weaken your discipline of yourself. No good will come of going to movies that are designed to take from you your money and give you in exchange only weakened wills and base desires.

  4. Finally, be true.

You are youth of the noble birthright. You may not at this time know what that means. It means that behind you are great men and women who did wonderful and brave things. They made decisions that were not easy to make, and in many cases they paid a terrible price for those decisions, some of them even giving their lives rather than forsake the truth they had embraced.

In 1897, when President Wilford Woodruff was ninety years of age, a great gathering of children and youth assembled in this Tabernacle. This elderly man, who had known so much of sorrow and trouble, as well as love for the Lord and His great work, stood before that congregation and said in measured words:

“I cannot expect to tarry a great while longer with you, but I want to give you a few words of counsel. You occupy a position in the Church and Kingdom of God and have received the power of the holy priesthood. The God of heaven has appointed you and called you forth in this day and generation. I want you to look at this. Young men, listen to the counsel of your brethren. Live near to God; pray while young; learn to pray; learn to cultivate the Holy Spirit of God; link it to you and it will become a spirit of revelation unto you, inasmuch as you nourish it.” (Wilford Woodruff: History of His Life and Labors, sel. Matthias F. Cowley, Salt Lake City: Bookcraft, 1964, pp. 602–3.)

I should like to tell you of three eighteen-year-old boys. In 1856 more than a thousand of our people, some of them perhaps your forebears, found themselves in serious trouble while crossing the plains to this valley. Because of a series of unfortunate circumstances, they were late in getting started. They ran into snow and bitter cold in the highlands of Wyoming. Their situation was desperate, with deaths occurring every day.

President Young learned of their condition as the October general conference was about to begin. He immediately called for teams, wagons, drivers, and supplies to leave to rescue the bereft Saints. When the first rescue team reached the Martin Company, there were too few wagons to carry the suffering people. The rescuers had to insist that the carts keep moving.

When they reached the Sweetwater River on November 3, chunks of ice were floating in the freezing water. After all these people had been through, and in their weakened condition, that river seemed impossible to cross. It looked like stepping into death itself to move into the freezing stream. Men who once had been strong sat on the frozen ground and wept, as did the women and children. Many simply could not face that ordeal.

And now I quote from the record: “Three eighteen-year-old boys belonging to the relief party came to the rescue, and to the astonishment of all who saw, carried nearly every member of the ill-fated handcart company across the snowbound stream. The strain was so terrible, and the exposure so great, that in later years all the boys died from the effects of it. When President Brigham Young heard of this heroic act, he wept like a child, and later declared publicly, ‘that act alone will ensure C. Allen Huntington, George W. Grant, and David P. Kimball an everlasting salvation in the Celestial Kingdom of God, worlds without end.’” (Solomon F. Kimball, Improvement Era, Feb. 1914, p. 288.)

Mark you, these boys were eighteen years of age at the time. And, because of the program then in effect, they likely were holders of the Aaronic Priesthood. Great was their heroism, sacred the sacrifice they made of health and eventually of life itself to save the lives of those they helped.

They are part of the heritage that lies behind you of the Aaronic Priesthood. Be true, my young brethren, be true to that great inheritance.

True to the faith that our parents have cherished,

True to the truth for which martyrs have perished,

To God’s command, Soul, heart, and hand,

Faithful and true we will ever stand.

And so, there are my “Four Bs for Boys”: Be Smart, Be Fair, Be Clean, Be True. God has given you his holy priesthood. May you walk as young men so endowed, I humbly pray, in the name Jesus Christ, amen.


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Can Christians become atheists? Absolutely! I personally have known such people.

You see, God is invisible, but the people and situations we meet in the world are visible. So it takes far more faith to believe in something or someone we cannot see than it does to believe in what we can feel, touch, hear and see with our physical senses.

How then can a Christian become an atheist?

For starters, all he or she has to do is be human and have humanly incurable problems problems that only God can remedy.

Next… He or she only has to be subjected to teaching, doctrines and concepts about God (Who remains invisible and only rarely defends Himself) that either foster faith and hope or toxify and/or destroy faith and hope.

For all the while a person is living and struggling in this physical world that feels and appears and responds to his or her actions as “real” that person needs an understanding of God and His ways that transcends the tough realities of earth.

If one (even one who is a Christian) is not nurtured in an understanding of God that fosters hope and having a sense of a good purpose for being, what will happen finally?

He or she will finally conclude that NO GOD EXISTS.

Now, I’ll share some common teachings about God, that if ingested constantly and seriously meditated on and believed (especially unconsciously), are guaranteed to unravel the hope and destroy the faith of the one who receives them.

Here are just a few of them:

*TEACHING: God helps only those who help themselves. That is, Infinite Holy Love helps only those who make sufficiently good, wise, and timely “choices” before He is forced to abandon them to pain and evil “forever and ever.” How does this diabolical teaching foster anything except frenzied self-reliance instead of faith in Holy Love Himself? Thus, sooner or later the Christian who has ingested this toxic teaching will conclude: “That is what I already believed when I was a heathen: bottom line no one is there for me except my lonesome self.”

EXIT: hope and faith.

ENTER: despair, cynicism, atheism.

*TEACHING: God is Holy Unfailing Love Personified, but He has also planned in advance to abandon most (or many billions) of His human offspring to fiery agony “forever and ever.” This teaching, when constantly ingested meditated upon and seriously believed (in one’s everyday life consciously or un) renders “Holy Love” as appearing hypocritical, irrational, and untrustworthy. How can we love such a being who calls Himself “Love” while also seriously believing that he loves a relatively small fraction of human beings enough to help them? What makes me think that I should qualify for being one of the few he may help? How can I love Him with total commitment when He is committed to only an elect few which may well exclude many of my own loved ones, to say nothing of myself?

EXIT: Joy, genuine hope, and love and trust toward God.

ENTER: heartbrokenness, despair, rage and rebellion, mind-binding addictions (“painkillers”), atheism.

*TEACHING: God expects you to love your enemies and your neighbors as you love yourself at least for now—until the time comes for the saints to judge the world. Meanwhile, Unfailing Holy Love has already reserved the right for Himself to abandon to “hell forever” multiplied millions of his own little neighbors who are daily dying and departing this veil of tears. A veil of tears into which they never “chose” to be born… And what is the bitter fruit of this forked-tongued teaching? The one who seriously believes this so-called “good news truth” finds himself becoming more and more two-faced and double-minded like the hypocritical “God” he has been instructed to “believe in.” The victim of this toxic teaching also notes the same horrifying discrepancy in other Christians with whom he fellowships.

EXIT: Sanity, patience with self or/and others, and any coherent concept of love.

ENTER: Hatred of “God” (or so the despairing Christian imagines) self and others, insanity, hopelessness, curiosity to investigate “new age” and eastern philosophies finally, atheism.

*TEACHING: God is Holy Love and loves the “world”. However, He has already planned in advance to consign to endless fiery torture those whom he has chosen not to save, for He intends to save only the elect. Nevertheless, as a Christian, Unfailing Holy Love expects you to oppose abortion and why? So that He will have a “full house” in “hell” come judgment day. What does this teaching accomplish except to foster spiritual pride, a double-tongued message of “God is love/hate” and exclusivity among immature Christians? And bitter cynicism from hurting people in the world? When these “truths” (?) are seriously believed and meditated on even subconsciously they also destroy hope in hurting Christians who struggle with debilitating weaknesses. For they are driven naturally to question, “How could a skuzz bucket like myself be truly saved? Especially when I secretly detest this god who calls himself ‘Love’, and yet He chooses ‘favorites’ and has already planned to abandon all others to endless pain? And many of my friends and loved ones may well be included among the eternally damned? God (so I’ve been taught) has already planned that evil have predominance over good in much or most of His creation. So how do I know that seducing ‘angels of light’ may not have been ‘confirming’ my salvation all of this time?”

EXIT: Trust, hope, rationality.

ENTER: Cynicism, despair, and a ravenous hope that the universe may be something far better than the eternal nightmare prophesied by John Calvin: Only a short nightmare, lasting a few billion years… Our cosmos with it’s spiral nebulas and myriad populations of swirling galaxies is but the result of the random action and collision of sub-microscopic particles. Indeed, from our limited viewpoint, this universe we happen to inhabit is a sad one. But, thankfully, at least,— it ends. Atheism.

In conclusion…

Any thought, concept or teaching about Unfailing Holy Love that (when seriously believed and meditated on)alienatesus from Him, does not originate from Him Who Is Unfailing Holy Love. Any message that requires us to love God with total commitment while also “believing” that His commitment to His own creatures is limitedor conditionalis the sheer essence of spiritual abuse. For how can we finite creatures give God our Omnipotent Creator something (total commitment) that He Himself does not possess? Any message that destroys hope, and renders trust impossible and reduces love to irrational gibberish just simply has to be wrong

It’s origin? ANTICHRIST.

How then should we respond to those who would demand that we “believe” eternally abusive nonsense about Holy Love Himself, and yet they urge us (by their silent example) not to think about it and not to rejoice in itexcept to defend it as a “truth”?

First, whatever you do, before you buy into their “beliefs”, subject those beliefs to the meditation test. If these beliefs truly are “statutes of the Lord”however austerewhen you’ve prayerfully processed them through, they should rejoice your heart and cause you to hope all the more in your heavenly Father’s goodness. (Ps. 19:9)

The Bible says not to despise prophecies (whether Scriptural ones or spontaneously given ones) and to test all things, and hold fast (tightly embrace and treasure) that which is good. (I Thes. 5:20-21) Furthermore, our Lord tells us that His (actual) words are “spirit and life.” (See Jn. 6:63) Not only so, but we are toliveby every word that proceeds from God’s mouth. (Deut. 8:3)

Wouldn’t this command apply all the more to the words God gives us that essentially make up the gospel? The glad tidings of great joy? Wouldn’t Paul’s admonition to think (constantly) on the things that are just, honest, of good report and praiseworthy include all the essential elements of the gospel? (Phil. 4:8)

So if you want to become an atheist, just “accept” whatever comes down the pike, and if it’s revolting to your conscience, just mentally “back-file” it and “join the religious club” and try not to think of it much.

Follow the example of your mentors who “believe” God is love/hate while they live daily (for the most part) as if they do not believe it. Learn to emphasize the positives while back-filing the negativesunless they come in handy to intimidate and control others on occasions. That way, your sub-conscious mind can meditate on “everlasting rage, despair and vindictiveness” for years. And thus you’ll gradually turn into a smiling, double-talking, double-minded, Bible toting, Scripture quoting, religious robot. That robot may last for decades before it either suddenly “explodes” into atheism, or “implodes” into religious insanity.

How do I know? This is former R2 DX Robot himself talking here! 🙂  God loves you far more than you think.

CAN CHRISTIANS BECOME ATHEISTS [Charles Slagle]          1

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Linux - Newbie This Linux forum is for members that are new to Linux.
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Old 08-07-2005, 04:36 PM   #1
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when i start typing in vi and have adjusted my things how do i save the changes cause when i just close the program the settings are resetted.

thank you, Casper
Old 08-07-2005, 04:54 PM   #2
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Next time you post a thread how about you read the few small sentences next to the text box for the thread title.

What do you mean? The text file you are editing or vi's settings?

If the text file then :x or ZZ will save the file and close vi; :w will just save the file.

If your on about vi's settings I just set them in ~/.vimrc
Old 08-07-2005, 05:37 PM   #3
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Perhaps you need to read my sticky thread found here in regards to your title:

"Servers" has nothing to do with your actual question..

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Ann Wolbert Burgess

Ann Wolbert Burgess

Aug. 23, 2016

“Connell School of Nursing Professor Ann Wolbert Burgess, a pioneer in the field of forensic nursing and an internationally recognized leader in the treatment of victims of trauma and abuse, has been designated a ‘Living Legend’ by the American Academy of Nursing, the academy’s highest honor.

“Burgess is being recognized this year for multiple contributions to the nursing profession and society. [Her] research and books cover topics such as serial killers and rapists, kidnapping, sexual victimization and exploitation of children, cyber crimes, sexual abuse, and elder abuse….”

– From “A ‘Living Legend’ ” by Kathleeen Sullivan in the BC [Boston College] News (Aug. 23)

Yet again, a key fomenter of the “satanic ritual abuse” day care panic takes a career achievement bow, plowing unapologetically past the wrecked lives of the wrongfully prosecuted.

Here’s how Debbie Nathan and Michael Snedeker described Burgess in 2001 in “Satan’s Silence: Ritual Abuse and the Making of a  Modern American Witch Hunt”: “promoter of the use of children’s drawings to diagnose sexual abuse, developer of the idea of the sex ring, participant in developing the case that imprisoned the Amirault family and currently a researcher into the traumatic aftereffects of ritual abuse.”

Most grievous for the Little Rascals defendants, it was Ann Wolbert Burgess who led a three-day conference in Kill Devil Hills  just months before Bob Kelly’s arrest. The agenda: learning how to spot child molesters operating day-care facilities.

I’ve asked Professor Burgess to look back at her role in Little Rascals. No response – maybe she intends to bring it up in her acceptance speech.


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LocalAventura Tour: All-Inclusive Santiago City Tour

All-Inclusive Santiago City Tour

Not ready? Free call with our experts CALL US +1 267-388-1740 WHATSAPP +1 215-964-8759

We're available Monday through Friday, between 9 am and 7 pm EST to answer your call

8 hrs

2 ~ 6

High content

Chile's capital city is a sprawling metropolis full of contrast. It’s a city with both historic and modern, rich and poor, innovation and art. And it’s impossible to experience it all in one day. A perfect introduction to this complex city, this full-day tour will show you to the best Santiago has to offer. Throughout your day with Local Guide Felipe or Elisa, both born in the city, you’ll enjoy hills with panoramic views, historic buildings, busy markets, and emblematic neighborhoods. Yet this is just a sampling of all you’ll see; so much more is left to be uncovered within this up-and-coming city. You’ll also get to experience why Santiago has been named one of the world’s top foodie destinations as you enjoy a delicious Chilean lunch, paired with a glass of local wine or the famous pisco sour. Explore the city both in a private car and by foot to get a complete overview of Santiago. By the end of this full-day outing, you’ll have a better sense of the history, architecture, art, and culture of this diverse city and want to explore even more on your own.

  • Get picked up by your Local Guide at your hotel
  • Explore all the most important places in Santiago
  • Enjoy a delicious lunch
  • See more of the city
  • Get dropped off at your hotel

Available days

Monday to Sunday

Eligibility criteria

This tour is easily accessible to people of all ages and physical abilities; please inform your local guide if you need accommodations.

What's Included

  • City tour in Santiago
  • Lunch (aperitif, starter, main course, dessert, and coffee)
  • Guide (available in English and Spanish)
  • Private transport
  • Souvenir
  • Coffee and snacks for the journey, and plenty of mineral water to keep you hydrated

What's not included

  • Tips for the guide, driver, and serving staff, which may be offered at your discretion

Additional Pricing Information (*)

For groups smaller than 2 or larger than 6, please contact for a price quote.

  • Wear comfortable shoes as you will be walking.
  • In the summer months bring sunglasses, sunscreen, and a hat.
  • Bring layers in case the weather fluctuates.
  • Bring extra pesos in case you want to buy souvenirs.

Learn a New Skill Good for Groups Luxury Family-Friendly

Elisa and Felipe

Born and raised in Santiago, Chile, I’ve always had a passion for Chilean history. In fact, one of my favorite parts of being a guide is volunteering each year during “National Monuments Day,” where I get to teach locals facts that even they may not know about their city’s most historic buildings.

I first decided to become a guide because of my interest in world affairs, history, and intercultural exchange. I thought it would be a great way to meet people and learn about different countries, while also teaching them a bit about my own country. For the past six years, I’ve been doing just that. My job in tourism has given me the opportunity to work in the largest winery in Chile, where I led the training of other guides and helped host private events. During my time there, I was able to develop a keen appreciation and passion for Chilean wines. All these interests - wine, history, and global affairs - have converged into tourism, creating the perfect combination of my passions!

Born and raised in Santiago, I’ve always loved this city. Yet, it wasn’t until a six-month stay in the USA that I realized how much I wanted to become a guide. During this trip, I saw so many beautiful places, and it made me want to share the beauties of my own country. I have also always been interested in music and various different forms of art. Therefore, during my tours, I often incorporate fun facts about art, music, and pop culture along with my overview of Chilean history. I hope that this approach will help create unforgettable experiences that’ll make people fall in love with Chile.

Tourism has not only given me my dream job, but it has also provided me with amazing opportunities to fall even more in love with my own country. For six years, I even got to live and work in southern Patagonia, where I developed my passion for indigenous culture and nature. After working in Patagonia, I knew it was time to return to Santiago so I could show off my home city to incoming travelers. As a Local Guide, I hope that I can use this industry, which has given me so much, not only to show travelers around, but also as a way to promote and protect our history, culture, and land.

Questions & Answers

Ask a question
We are here for you. If you have any questions about this tour, please do not hesitate to contact us!

Other things to do in Chile

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OBSCURA Book: 121 Pages and Reasons to Love Pinhole Photography

What do you get when you mix the love of photography, passion, dedication and 3000 pinhole photo submissions? Well, something that looks like the book fittingly titled “OBSCURA – 121 Views.” Read on to find out more about this love letter to pinhole photography.

Pinhole photography can be considered as a waiting game. You set your improvised or pre-made camera in one spot to soak up light and the image you want to see on film and wait. The OBSCURA -121 Views” book showcases this passion for pinhole photography. And the collective effort initiated by four pinhole photography enthusiasts had bore fruit – a book that features 121 pinhole photographs that illustrate the appreciation of a modern global community for this ancient analogue technique.

Images via Obscura-Book

The book is a “love letter to pinhole photography” in different ways. The team led by Larissa Honsek, Fine Nitschke, Eli Unverricht and Mila Haegele gathered pinhole photographs from all around the world through submissions. The team also commissioned 6 artists to choose the final photographs to be featured on the book. The photographs show the different points-of-view, interpretations and ideas and was divided into 11 chapters.

Images via Obscura-Book

Each chapter represents a different side to pinhole photography. The book doesn’t only give people a peek at beautiful photos but also share with them the ideas, passions and artistic value that go into pinhole photography.

You can learn more about the project on their website and get news on how to order this fitting tribute to pinhole photography. You can also follow their blog here to see the behind-the-scenes look of the production.

All information and photos used in this article were sourced from Obscura-Book and their blog.

written by cheeo on 2013-11-22 #lifestyle #pinhole #pinhole-photography #book #obscura-121-views

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Home / Magic / Theory, Articles & Reviews

Understanding the Tamariz False Clues Method

| £5.12 | €5.81 | Ca$8.86 | Au$8.88 | ¥789.13
by Wilhelm Eberhard
What is this?PDF | by download [1.30 MByte]   add to wish list
Understanding the Tamariz False Clues Method by Wilhelm Eberhard

Customer rank: -1

Tamariz' False Clues method helps professional magicians to eliminate contradictions from their acts, guaranteeing they produce the effect they really want on their audiences. This ebook explains the method, helps you avoid common errors and provides an overview of the fundamental theoretical concepts you need to correctly use every aspect of it.

  • Understanding and using Tamariz' False Clues method
    • Is it difficult to use the False Clues method?
  • First Part: Preliminaries
    • Nelms' importance of meaning theory
    • Tricks lacking meaning are perceived as a challenge to solve a puzzle
    • Meaning and suspension of disbelief
    • Maskelyne and Devant's Magic Art concept
    • Artistic creation in magic consists in choosing the meaning of your tricks, not in inventing methods
    • Sleights and techniques are not your "talents"
    • Only your own original creations will be the best artistic presentations
    • How to select presentation themes and meanings
    • How to select a trick
    • Base your presentation style on your real self
  • Directing and producing a magic show
    • A magician is both actor and director
      • The director's goal
      • Contradictions can ruin the spectators' experience
      • Eliminating contradictions in trick presentation
      • Eliminating contradictions in show programs
      • Abrupt transitions and other contradictions
      • When spectators think they know how the trick is done
    • A magician is both director and producer
  • Second Part: The False Clues Method
  • Tamariz' method steps
    • Method example and detailed explanation
      • Step 1
      • Step 2
      • Step 3
      • Step 4
      • Step 5
        • How to design an effective false clue
        • Pseudo back clip false clue
        • Misdirection "in reverse"
        • Disproving the false clue
        • Tricking spectators with evident false clues must be presented as a gag
        • Do not overuse false clues
        • False clue as misdirection
      • Step 6
        • Coin vanish
        • Poker trick and color change
      • Step 7
  • Summary
  • Third Part: Misunderstandings and difficulties
    • The method has a misleading name
    • Other causes of misunderstandings
    • Many magicians still don't understand the method
    • Reading "La Vía Mágica"
    • What the method seems to be
    • Common errors magicians should avoid
      • What the method really is
      • Studying La Vía Mágica
      • Tamariz' language
    • References

1st edition 2014, 37 pages.
word count: 9489 which is equivalent to 37 standard pages of text

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or call in the US toll free 1-888-866-9150 product ID: 454235

Reviewed by Jamie Iannaco
Rating: 4 of 5 Stars! [4 of 5 Stars!]   Date Added: Monday 26 October, 2015

The content of this small manuscript is certainly worthy of review. It provides a nice overall review for those that have read The Magic Way, Our Magic, Magic & Showmanship and Showmanship for Magicians. The focus is of course on the Tamariz Eliminating False Solutions method. Other principles are briefly reviewed from the above mentioned books to support this method.

My criticisms of the manuscript are that the author seems to have a bit of disconnect between the topics that are briefly reviewed and the writing has some descriptive flaws (may be translation errors). Ironically, eliminating contradictions in performance and effect design are preached in the text but some of the examples contain these same contradictions. Intellectual and knowledgeable readers will find themselves mildly distracted by a few of the things the author states as fact.

Overlooking the above issues, I’d still say that this manuscript succeeds in teaching the concept it was written to teach. I also recommend anyone serious about their magic be familiar with the content. I’d like to say that reading the original source (The Magic Way, Tamariz) will make this manuscript unnecessary however, the aforementioned book, although wonderful, was also translated to English and has its own shortcomings when it comes to teaching the details of applying the concept to existing presentations (I have not read the new edition that was edited). There are also points added in the explanations that are not addressed in the original source. A lot of this relates to how your character and presentation fit into the False solutions method.

So the bottom line: This e-book is another resource to think about the application of a powerful technique developed by one of the shining intellects of the magic world. It is well worth studying and also as a review for the magician familiar with the method. Sometimes it helps just having it explained to you in a different way. It will hopefully stimulate the thinking of those that may benefit from a refresher course.

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"Our relationship with Lyngsoe Systems has simply been the best. They are extremely knowledgeable within their field, yet willing to listen to what we want."

Ole Gert Jensen
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Postnord takes parcel logistic to next level

"The solution means that shipments arrive faster due to shortened lead times. Registration has also become more efficient and the QSM monitor in the room enables staff to control and plan tasks more efficiently."

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PostNord Process Manager

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Women's Metallic Dagger Cuff Silver

  • Details

Bhutan is a wonderfully traditional country. Ceremony and tradition is important to every Bhutanese. Within many of their ceremonies there is the use of traditional elements such as daggers used to subdue negative and uncontrolled forces. This piece has been pared down to it's simplest elegant form of a dagger. Bronze bracelet with Rhodium plating. Wipe with dry cloth, no chemicals. When in storage place away from air contact, original boxes, pouches or zip plastic bag to prevent oxidation. Do not store near heat, window, air conditioner or in the bathroom. Avoid water: Do not wear it in the pool or shower. Color: metallic

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Men's Black Triple Wrap Fettuccine Bracelet

  • Details

A series of bracelets comprised of square shaped genuine Italian leather. Each bracelet is triple wrapped and finished with a slim rectangular sterling silver click clasp. SKU: BL3778. Inner Circumference (CM): 58. Length (CM): 58. Width (CM): 0.3. Material: Leather. Clasp Type: Click. Clasp Material: Sterling Silver. Color: black

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A warm boot cut from waterproof materials takes on wild winter weather thanks to synthetic PrimaLoft ThermoBall insulation that offers the lightweight warmth and compressibility of down but continues to insulate, even if it gets wet. The durable Winter Grip sole is built with IcePick temperature-sensitive lugs for superior traction on ice and snow, and the springy OrthoLite ReBound footbed insulates the bottom of your foot from the cold ground while offering excellent cushioning. Color: grey

Previously sold at: Nordstrom


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Michelle Sutherland - MacRoberts LLP
Name: Michelle Sutherland
Position: Legal Director
Location: Edinburgh
Sector(s):Energy, Resources & Transport, Public Sector
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Call 01235 798 191
Order by 1pm for EXPRESS delivery*
Free uk delivery over £150

Semler M42103-318-001 Womens Mira boot in schwarz nubuck leather 31

Product Code: 900629
  • Now £130.00
Item in Stock | Usually dispatched within 24 hours

Foot Foundation Collection Semler M42103-318-001 Mira boot in leather has a an elasticated panel at the back of the calf, a  discreet platform and rubber sole and stacked heel. One of our Foot Foundation styles, the removable foot bed allows for customer's own orthotics.

Key features -

  • Leather upper
  • Leather and synthetic mix lining
  • Removable footbed
  • 5cm heel height
  • Made in Germany

Semler have been producing shoes in Germany since 1863. Their know-how is concentrated at their premises in Pirmasens where their company was founded.

It is not only the outstanding workmanship that makes SEMLER shoes so comfortable.  They use only the best material, the softest leathers along with ingenious functional textiles ensure a unique comfort.

SEMLER shoes are soft and comfortable right from the beginning. They will adjust to the natural shape of your foot and will support your feet in the right position whilst you walk.

Free delivery to UK mainland for orders over £150

Last orders for guaranteed U.K .delivery will be 1.00 p.m. Wednesday 20th December

Europe and rest of the world will be Friday 1.00 p.m. 15th December

For full Delivery and Returns conditions click here

Be the first to review Semler M42103-318-001 Womens Mira boot in schwarz nubuck leather 31. Write a review


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Child Support Services

"Every child has the right to financial and medical support from both parents. Our goal is to assure families receive the child support they need and deserve." - R.B. "Chips" Shore, Former Clerk of Circuit Court & Comptroller

The Manatee Clerk's Child Support Division provides comprehensive case management including:

There is no cost to apply for these services.

We have a variety of tools available to assist you with your efforts to ensure that both parents support their children including: legal actions, administrative enforcement, license suspensions, intercepts of unemployment compensations and worker's compensation, wage garnishment, IRS tax returns, credit reporting and, cooperative actions between other states and countries.

Note: We do not establish or enforce visitation or custody.

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General Information

Any parent or custodian of a dependent child may apply for Child Support services. Families who receive public assistance automatically receive child support services. If you have received public assistance or child support services in the past, contact us to determine if you have an open child support case.

Our services are available even if a parent lives in another state or country.

Child support services are provided by the Clerk of the Circuit Court in Manatee County, the State Attorney’s Office in Miami-Dade County and the Department of Revenue in all other Florida counties. Visit the Florida Department of Revenue's Child Support Page to find other child support offices in Florida.

In Manatee County, records of all Court-ordered child support and alimony payments are maintained by the Depository , which is a separate division of the Clerk’s Office. If there is an order for support and/or alimony payable through the SDU, the Depository will maintain those records.

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Mayor of Greater Manchester Andy Burnham is asking the city-region’s business people to put themselves forward and apply to join his Business Advisory Panel.

Burnham has appealed to people from businesses big and small from across Greater Manchester to apply to become part of the independent panel which will look to seek the views of businesses of all shapes and sizes on a wide range of issues.

Burnham said: “Greater Manchester is open for business.

“We’re a thriving investment hub, a digital and creative powerhouse and a manufacturing innovator. But many of our businesses still face challenges as they try to grow and succeed here. Only by working together with business people, can we tackle these issues.

“I’m appealing to all business people in Greater Manchester, from sole traders to Corporation CEO’s, to join me.

“I want my Business Advisory Panel to reflect the breadth and diversity of businesses and business people we have here. Together, I believe we can make Greater Manchester the best place to live, work and invest.”

A skyline shot of Manchester city centre
Manchester town hall seen on the skyline of the city centre

The Mayor wants the Business Advisory Panel to advise him on actions they feel Greater Manchester should be taking around key issues affecting business.

The panel will also provide opportunity for dialogue between the Mayor and local businesses.

Membership will change over time to ensure that as many business voices as possible can be heard.

Members will be asked to join for an initial period of 12 months, but following this the membership will begin to revolve on a six monthly basis.

Founding members of the Business Advisory panel will be announced before the end of the year.

Sir Richard Leese, deputy mayor for business and economy and LEP member, Cllr Kieran Quinn, the GMCA portfolio lead for finance and investment and Lou Cordwell, LEP SME Champion, will sit on the Business Advisory Panel to provide coordination across both bodies.

To apply visit Deadline is 5pm on 24 November.


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An activity centre where thousands of children enjoyed school trips and days out is set to close.

Bury Council has confirmed the Burrs Activity Centre, which held activities such as abseiling, kayaking and archery, is set to shut its doors at the end of the year.

Bosses from the centre, which has been run on behalf of the council by Burrs Activity Centre Limited for the past 20 years, claim there has been a lack of investment by the authority.

The activity centre became a well known and popular destination for school trips, with youngsters across Greater Manchester taking part in outdoor pursuits.

A review will now be held to investigate how the activity centre can compliment Burrs Country Park, where the centre is based, in ‘realising its full potential’.

Outdoor pursuits will still be provided within the park in the future, the council say.

A new stop of the East Lancashire Railway was opened in the park last year, and the park remains a ‘key element in the town’s burgeoning tourism portfolio’, according to Bury Council.

Kayakers at Burrs Activity Centre

Coun Alan Quinn, the council’s cabinet member for the environment, said: “Thousands of children have enjoyed Burrs Activity Centre, and the Council would like to take this opportunity to formally thank the staff, volunteers and directors of Burrs Activity Centre Ltd for all their hard work, dedication and commitment over the last 20 years and wish them well for the future.

“In line with the Burrs Strategy, adopted in 2015, a review will now be undertaken by the Friends of Burrs, the Burrs Strategic Development Group and Bury Council, all of whom are fully committed to making the most of Burrs, retaining an outdoor pursuits offer within the park, and creating a sustainable facility fit for the future.”

Pat Jones-Greenhalgh, chief executive of Bury Council, said the park will get ‘even better’ in future.

She said: “It is hand in hand with our residents that we have developed our fantastic park and it is just about to get even better.

“We are very grateful to Burrs Activity Centre for its commitment over the past twenty years in providing an excellent service and sad to see the doors closing at the end of this year.

“We are incredibly proud that we have retained Green Flag status for more than a decade, opened the new East Lancs Railway Station at Burrs and extended the Caravan Club site as well as installing a new sculpture.

“We have a bright and exciting vision for the future supported by the Burrs Strategy adopted in 2015, and a review of the activity centre will now take place to look at the wider role the centre should play in Burrs Country Park and how it is sustained.”


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Insiders’ view of a healthy brand

David Silver’s observation that good internal communication is a “business-critical area that too many organisations are not getting right” is, unfortunately, spot on for too many organisations in the UK (Survey reveals ‘inadequate’ state of internal marketing, MW July 3).

While millions are spent developing and promoting brands, many companies are still under-investing in communicating with the most important link in the chain: the staff.

Getting this right, however, takes careful planning and investment. We’ve found that an integrated approach to communication, training and incentives, centrally controlled but executed by managers on the ground, is very effective. Getting communication right isn’t just a matter of communicating with the right people, it’s how you communicate with them, equip them with the right skills and knowledge, and inspire and motivate them to believe in the brand.

More managers need to recognise the important role sales staff play and take steps to see that their hard-pressed marketing budgets aren’t let down in the last 100 yards by poorly informed and poorly motivated staff. Managers need to see these people less as sales staff and more as “brand ambassadors”.

Jon Derry

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Swans on a frozen lake

This morning I hacked the snow off my car windscreen and drove/skidded to Wimbledon Park to snap some shots of the snow on my Canon 7D. The UK is currently experiencing some pretty cold and icy weather.

I found some very cautious swans crossing the frozen lake, and put together this video montage trying to capture the moment. The music in the clip is by Jon Hopkins. (Recommend watching in HD on Vimeo)

3 thoughts on “Swans on a frozen lake”

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William Steele Holman, II

William Steele Holman, II: Attorney with Speegle, Hoffman, Holman & Holifield, LLC

Member, Editorial and Managing Boards, Georgia Journal of International & Comparative Law, 1984-1986; The Associated Press 1978-1983.

Areas of Practice (6)

  • General Civil Litigation
  • Truck Accidents
  • Workers' Compensation
  • Construction Defects
  • Insurance Defense
  • Commercial Litigation

Education & Credentials

Contact Information:
(251) 694-1700  Phone
(251) 610-0369  Cell Phone
(251) 694-1998  Fax
Mailing Address:
Post Office Box 11, Mobile, AL 36602
University Attended:
Auburn University, B.A., 1976
Law School Attended:
University of Georgia, J.D., 1986
Year of First admission:
1986, Georgia and Alabama; 2007, Mississippi
Mobile and American (Member, Sections on: Tort Trial and Insurance Practice) Bar Associations; Alabama State Bar; The Mississippi Bar; State Bar of Georgia; Trucking Industry Defense Association; Defense Research Institute (Member, Trucking Law, Construction Law, Workers' Compensation and Diversity Committees); Alabama Defense Lawyers Association.
Birth Information:
York, Alabama, December 29, 1952
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New Ad Damnum Law in Maryland

Everyone has their soapbox issues where they maintain the rest of the world is crazy and sanity would be restored if everyone would just listen to us. I have mine, you have yours. Usually, at least for me, few others are paying attention and the world continues to be the world.

One of these issues for me is ad damnum clauses. Here is what happens time and time again: (1) a personal injury lawyer in Maryland file lawsuits and meaninglessly ask for a zillion dollars,(2) the Baltimore Sun and the Maryland Daily Record dutifully report the amount sought as though it actually lawmatters, (3) the people of Maryland roll their eyes about a civil justice system that has run amok, (4) these people become jurors one day and walk in with said eyes still rolled.

The problem is two-fold. First, attorneys sometimes file for ridiculous amounts to draw attention to ourselves. Yes, that is a self-inflicted wound, but it does not lesson the pain for the rest of us.

But the other problem is that we have a duty to our client not to, you know, commit legal malpractice. I have long maintained that it is malpractice not to ask in the ad damnum clause for more than your client could conceivably recover because if you score with the jury more than you expected and you go over the ad damnum clause, you have two problems. First, the judge might refuse your motion to amend the complaint to comport with the verdict. But the even bigger problem is that you have loaded the gun for plaintiff’s remitter motion. “They didn’t even ask for this much,” they will surely whine in the motion.

I’ve buried the lead to this story. Sorry. The good news is that under new Maryland Rule 2-305 that will be effective in January, plaintiffs’ lawyer are no longer even allowed – as I read the rule – to state a specific amount if the damages sought exceed $75,000. Instead the complaint should include the general statement that the amount the plaintiff seeks is more than $75,000.

Why $75,000? That stumped me for a second. But in some smaller personal injury cases, plaintiffs will sue for less than $75,000 to defeat federal jurisdiction because the amount in controversy must exceed $75,000 under 28 U.S.C. §1332(a).

Anyway, this is a small but important step in giving the public – and future jurors – a more honest look at our civil justice system in Maryland. You can find the new Maryland Rule here (scroll down to page 8)

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  • Very helpful. Thanks

  • Legle Eagle

    In New York, we have not been allowed to ask for a specific amount in medmal cases for a long time. More recently, this was extended to all PI cases. The ad damnum clause simply states: “Plaintiff is entitled to damages exceeding the jurisdictional limit of all lower courts.” The problem is that many attorneys still sue for a gazillion dollars. The defense must then make a motion to complain, and the court may (or may not) direct that the complaint be amended to strike that language with no other penalty to the plaintiff or his attorney. Good system! In New York this rule was passed because of the shock many lay defendants would get upon reading the served papers. For example, two cars collide causing mostly property damage and some personal injury. An insured has a 100-300 policy, but then gets hit with a lawsuit for $5,000,000. The legislature did not think it was proper to claim such an amount on a typical $20-$50K case.

  • Mark Morrision

    Isn’t the whole claiming money thing kind of pointless anyway? If the purpose is to serve notice and the notice is useless, what is the purpose?

  • Calling a Spade a Spade

    Can’t we also admit this is a trial lawyer created gimmick to make you guys look less greedy? Let’s just be honest for a minute, can we?

  • Ron Miller

    I appreciate the temptation for tort reform minded folks to spin it that way. I really do. But you have to keep in mind that defense lawyers and insurance companies support this as well.

  • George Blumenthal

    I have actually represented a client who failed to recover a substantial amount because the attorneys’ ad damnum was less than the verdict and their request to amend was not timely made. Never liked our system of pleading for the reasons you cite.

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From Australia to Matlock Town

Matlock Town Academy defender Stephen Travaglione believes that standing on his own two feet has been the hardest challenge since moving to England.

Travaglione moved to England from his native home of Australia in the pursuit of breaking in to English football.

The 18-year-old is currently in his second year at Matlock Town’s Academy.

He said: “My biggest challenge has been living by myself. Obviously, I’ve had to learn to be independent. When I first moved I was staying in a homestay in Sheffield, so I had to be careful with money. Traveling to Matlock as well meant I had to learn to be organised.”

At the age of 16, Travaglione had already begun to play senior football. At this point he decided he needed to try and challenge himself, and England offered the perfect opportunity.

“I started playing at the age of 14. At 16 I started playing senior football, and from then my Dad said that if I’m good enough to play senior football here, I should play in a country where football is their first sport,” he said.

Travaglione, who has relatives who live in Chesterfield, said: “I was visiting family who live in Chesterfield, and they were like, ‘why not try Matlock’. It was reassuring as I have family nearby.”

And having moved to a new country, he feels that the support he has received from the club has been crucial to his development.

He said: “I’ve had a lot of support from the club. Jamie and the coaches are fantastic. They’ve pretty much been a second family to me.”

That support extends to the dressing room. Having originally moved to Sheffield, Travaglione now lives with team mate Billy Whitehead in Chesterfield.

Whitehead said: “He gets on well with my family. He helps around the house, and they keep saying they prefer him to me!”

Manager Jamie Yates was full of praise for Travaglione. He said: “He’s adapted really well. His mental strength stands out within our group and he sets examples every day to everyone else.”

Despite being a standout player for the academy, Travaglione has yet to make an appearance for the first team.

Yates said: “If he works harder than he already is, if that’s even possibly then who knows. He’s certainly got a future in the game, whether it’s here or anywhere else.”


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Maxwell School
Maxwell / Faculty Listing

Michah Rothbart

Assistant Professor, Public Administration and International Affairs

Michah W. Rothbart is an Assistant Professor of Public Administration and International Affairs, and a Senior Research Associate at the Center for Policy Research. His research and teaching interests are in public finance and financial management, particularly in the field of education policy. His current research includes studying the impact of school choice on school budgets, the effect of school finance reforms on district funding, the consequences of food safety compliance grades in New York City, and the impact of universal free meals on student outcomes. Michah received his Ph.D. in public administration from New York University in 2016.

Select Publications

"What are the Financial Implications of Public Quality Disclosure? Evidence from New York City’s Restaurant Food Safety Grading Policy." Rachel Meltzer, Michah W. Rothbart, Amy Ellen Schwartz, Thad Calabrese, Diana Silver, Tod Mijanovich, and Meryle Weinstein, Public Finance Review (2017).

“Let Them Eat Lunch: The Impact of Universal Free Meals on Student Performance,” Amy Ellen Schwartz, and Michah Rothbart, Center for Policy Research, The Maxwell School, Syracuse University, Working Paper No. 203 (May 2017).

“Do Top Dogs Rule in Middle School? Evidence on Bullying, Safety, and Belonging." Amy Ellen Schwartz, Leanna Stiefel, and Michah W. Rothbart, American Educational Research Journal - Social and Institutional Analysis (2016).

Research Grants and Awards

“Does Universal Free School Meals Reduce Childhood Obesity?” The Tufts/University of Connecticut Research Innovation and Development Grants in Economics Center (Tufts/UConn RIDGE Center), July 2017 – January 2019

Institute of Education Sciences Outstanding Predoctoral Fellow Award Nominee (2016).

IES Predoctoral Interdisciplinary Research Training Fellowship (2011-2016).

Oak Ridge Fellowship in the US Department of Commerce (2009).


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Cub Scouts

Big smiles build bigger futures.

///Cub Scouts
Cub Scouts 2018-01-02T02:48:15+00:00

When you’re a kid, fun comes first. Final exams, driver’s ed and summer jobs will arrive soon enough. But Cub Scouts lets kids have fun while teaching them skills that will help them later on. Pulling back their first arrow and letting it fly. Exploring the woods with friends in search of a lost planet. Learning how to use a hammer and chisel to transform a block of wood into a race car. Cub Scouts learn that even when fun isn’t easy, it’s always an adventure. With Cub Scouting, play has a purpose. And it’s showing kids that doing their best is the most fun of all.

Cub Scouts are broken into a small group called a pack. The pack you join is up to you. You can look for a pack chartered by an organization you support, or simply choose the one closest to your neighborhood. With tens of thousands of Cub Scout Packs across the country, it shouldn’t be hard to find one that fits you and your family.Each pack has dedicated leaders and volunteers who are tasked with teaching Cub Scouts both fun and valuable lessons that will help them progress in the program and in life.

And, while Cub Scouting it is designed for boys in the first through fifth grades, this program really involves the whole family as parents pitch in to plan and deliver activities. Cub Scouting is affirmative and fun focused. There are currently 1.3 million Cub Scouts and 395,000 adult volunteers in the United States.

Sign Up for Cub Scouts


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Resource Library

Whys and Hows of Litigation Holds

Date: September 2014

A litigation hold is a formal means or a process by which routine document retention and destruction is suspended and relevant documents, data and other evidence are identified and preserved for potential use in a lawsuit.

Although the term “litigation hold” was first coined in the seminal case of Zubulake v. UBS Warburg, LLC, 220 F.R.D. 212 (S.D.N.Y. 2003), the concept behind a litigation hold is not new. Parties to a lawsuit have long been under some form of a duty to preserve evidence in litigation. With paper and tangible items, this task was much easier. In the world of electronic data, however, this task has become increasingly complex.

This complexity stems from the fact that it is much easier for electronic data to be accidently and unintentionally overlooked and destroyed. Additionally, unlike paper documents, which were often limited in number and stored in a designated place such as a file cabinet, electronically stored information (ESI) is found in numerous places and in a variety of formats.

Litigation holds are primarily implemented to prevent the automatic or unintentional destruction of possibly relevant documents or data that could be used as evidence in a lawsuit. This is a particular issue for electronic data, which may be set to automatically destruct. For example, to save server memory, e-mail and voicemail systems are often set up to delete messages after a set number of days. Video or audio recording systems, such as security cameras, often have similar set ups to save space.

There can be severe consequences for a party or individual who fails to implement or ineffectively implements a litigation hold and relevant evidence is lost or “spoiled.” “Spoliation” is “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.”[1] Depending on the extent of the spoliation and prejudice to the opposing party, courts have ordered severe sanctions such as default judgment against the spoiling party or adverse jury instructions, such as requiring or permitting the jury to assume that the missing evidence was detrimental to the spoiling party.[2]

Failure to implement a timely or effective litigation hold can also have monetary consequences. Courts have ordered parties to undertake the expensive task of restoring systems from backup tapes or media in order to recover lost evidence.[3] Courts have also ordered spoiling parties to pay attorney fees and expenses of the opposing party who is seeking evidence that should have been preserved.[4]

Aside from court-imposed sanctions, a party that fails to initiate an effective litigation hold can be harming its own defense or prosecution of a civil lawsuit. Critical evidence to prove the party’s own case may be lost through routine destruction processes.

On an individual level, the known failure to implement a necessary litigation hold or the failure to comply with a hold after being instructed to do so could be grounds for employment discipline.

[1] Zubulake, 220 F.R.D. at 215. See also, Miller v. Lankow, 801 N.W.2d 120, 127-28 (Minn. 2011).

[2] Sentis Group, Inc. v. Shell Oil Co., 12-3623, 2014 WL 3953987 (8th Cir. Aug. 14, 2014); Stevenson v. Union Pac. R. Co., 354 F.3d 739 (8th Cir. 2004); E*Trade Sec. LLC v. Deutsche Bank AG, 230 F.R.D. 582 (D. Minn. 2005).

[3] Escamilla v. SMS Holdings Corp., CIV. 09-2120 ADM/JSM, 2011 WL 5025254 (D. Minn. Oct. 21, 2011).

[4] E*Trade Sec. LLC v. Deutsche Bank AG, 230 F.R.D. 582 (D. Minn. 2005).