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American Elephants

Guess Who Says “The Math Doesn’t Work”? by The Elephant's Child

There was a moment in the Foreign Policy debate in Boca Raton when Obama said indignantly:

Look, Governor Romney’s called for $5 trillion of tax cuts that he says he’s going to pay for by closing deductions. Now the math doesn’t work, but he continues to claim that he’s going to do it. He then wants to spend another $2 trillion on military spending the our military is not asking for.

Well I almost spewed my coffee all over my keyboard. Barack Obama who has run up a trillion dollars more debt every year, who sent a budget to Congress that even his own Democrats rejected unanimously, who double counts the same numbers, and who has dreamed up a health care plan so noxious that Secretary Sebelius has to issue waivers to practically every participant. That Barack Obama is going to challenge Mitt Romney and Paul Ryan on math? Really? To quote Barack Obama on the Tonight Show with Jay Leno:

“The math stuff was fine up until about 7th grade,” Obama said. After that “I’m pretty lost.”

That is possibly why he never mentions that 16 trillion number. He does have trouble with numbers, he simply can’t seem to get them right.

— Obama has a new ad out in which he claims to have added 5.2 million new jobs.  According to the Bureau of Labor Statistics, the economy has eked out a net gain of 325,000 new jobs since January 2009, when Obama first took office.

President Obama claimed that the idea of using deep, automatic, across-the-board domestic and defense spending cuts to force Congress to address the nation’s growing federal deficit originated with Congress, not the White House.

“What the president said is not correct,” Woodward said Tuesday. “He’s mistaken and it’s refuted by the people who work for him.”

— Officials at the White House and State Department were advised two hours after attackers assaulted the U.S. diplomatic mission in Benghazi, Libya that an Islamic militant group had claimed credit for the attack, official emails show. The Libyan group called Ansar al-Sharia asserted responsibility for the attacks. The man who made the video supposedly to blame for everything, remains in solitary confinement until “after the election.”

— Now that there’s only about two weeks until the election, the Obama campaign has issued a leaflet that “describes” Obama’s agenda for the next four years. Lots of pictures of Obama, and it trumpets “green energy” as an avenue of economic growth. Not very likely. The list of bankrupt solar and battery companies continues to grow. There is no second term agenda, only more of the first.

China began a state-led bailout of solar companies to save them from the crashing price of solar panels. Their attempt to save the industry is projected to cost about $11 billion. Siemens and GE’s energy division are souring on green energy. In the third quarter, wind-turbine sales fell 69 percent, reducing the energy division’s profits by 20 percent. DuPont sees a flat market for solar panels in 2013. Germany is facing 800,000 people in dire fuel poverty. With the EPA’s radical power-grab for after the election, we may be facing fuel poverty as well.

— Coal remains the nation’s principal source of electric power generation because it’s cheap. In terms of real dollars per unit of energy, the cost of generating electricity from coal is a fraction of the cost of any other energy source. The recent boom in shale gas production has led to an over-supply of natural gas and lower prices. But for natural gas to become the dominant feedstock for power generation, there are problems of infrastructure, transmission to storage and pipeline capacity. President Obama touts his “All of the Above” energy policy, but like so much of the Obama agenda, it’s only words.

Plentiful cheap energy means that America can be a world leader in manufacturing, plentiful energy means plentiful jobs. Nationally 175 coal-fired power plants are scheduled to be shut down from 2012 to 2016. The EPA has advanced a series of major environmental regulations totaling billions in new operating costs and compliance costs, unprecedented in scope and cost.

The National Economic Research Associates reported that only two of the proposed EPA regulations could lead to a net employment loss of 60,000 jobs just in Pennsylvania between now and 2020. The EPA wants to shut down coal production and power generation. They also want to shut down Hydraulic Fracturing.  If we shut down these annoying sources of power, then people will be forced to turn to the energy sources of the future.  Except they aren’t. Solar energy is too diffuse, and cannot exist without vast government subsidies; Wind is too intermittent.

— Perhaps it’s time to turn the “math stuff” over to a couple of men who thoroughly understand balance sheets, budgets, how to cut spending, and the intricacies of why so many businesses are not hiring under the Obama economy. Paul Ryan and Mitt Romney have demonstrated expertise, and they got a long way past 7th grade.

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Michigan Compensation Appellate Commission Issues Definitive Decision Affirming Denial of Benefits Based on Plaintiff’s Inability to Prove Wage Loss Was Result of Work Injury as opposed to Decision to Retire

In this recent case, the Michigan Compensation Appellate Commission has affirmed a magistrate’s findings that a workers’ compensation claimant’s decision to retire was the actual cause of her wage loss as opposed to her work injury, which she suffered after she decided to retire.

Under MCL 418.301(4) and Sington v. Chrysler Corp., 467 Mich. 144, 160-161 and note 11 (2002), a workers’ compensation claimant must prove that wage loss following a decision to retire is due to his or her work-related injury, rather than her retirement.  In this case, the Supreme Court’s remand order directed the magistrate, on remand, to consider this question in light of the available evidence.

In this case, in 2004, the claimant decided to apply for a special retirement plan (a SAP agreement or Special Attrition Plan), which allowed her to continue working until January of 2006.  Shortly after she applied for this retirement plan, she injured her knee at work.  After her injury, the claimant stopped performing her regular job and was transferred to a plant where disabled workers were allowed to continue working.  GM paid the claimant workers’ compensation benefits until her retirement.

On appeal to the Michigan Compensation Appellate Commission, GM argued the claimant’s “wage loss” was not the result of her work-injury, but rather of her retirement.  The Commission disagreed initially, but a dissenting Commissioner noted this was a crucial prima facie question that had to be considered.

The Michigan Supreme Court issued a remand order in 2011 to have the magistrate reconsider the dissenting Commissioner’s point.  The magistrate’s opinion (which is largely reproduced in the attached Commission decision) provides a thorough, and in my judgment, correct analysis of the requirement of a workers’ compensation plaintiff to prove that his or her wage loss post-injury is actually the result of, i.e., caused by, the work injury as opposed to some other reason.

Finally, this case represents an analysis of the hypothetical situation referred to in footnote 11 of the Sington opinion.  Where there is evidence that a claimant intends to retire and shows no intention of ever returning to work, he or she is not entitled to benefits because subsequent “wage loss” is not attributable to the injury, but rather to the retirement.

The Commission affirms the magistrate’s analysis.  Plaintiff’s choice in deciding to retire and applying for the plan prior to her work-injury and her subsequent retirement without a showing of a firm intention to work again means she failed to prove her subsequent wage loss after retirement was work-related under MCL 418.301(4) (second sentence) and Sington.

As noted here by the magistrate, “the Supreme Court in Sington [] specifically commented on the need to find a connection between a work-related injury and subsequent wage loss in any claim, as reflected in the Court’s reference to Sington in their
remand order in this case.”

“As noted in the Sington decision:  [T]he second sentence [of Section 301(4)] reflects an understanding that there may be circumstances in which an employee, despite suffering a work-related injury that reduces wage earning capacity, does not suffer wage loss.¹¹ For example, an employee might suffer a serious work-related injury on the last day before the employee was scheduled to retire with a firm
intention to never work again. In such a circumstance, the employee would have suffered a disability, i.e., a reduction in wage earning capacity, but no wage loss because, even if the injury had not occurred, the employee would not have earned any further wages.”

Somewhat ironically, the Court in its remand order in this case also
specifically referenced footnote 11 of the Sington decision, indicating that it intended that statement to have relevance as well, contrary to the prior magistrate’s comment in his decision that his conclusions were reached “in spite of any dicta in any Supreme Court footnotes.” As that footnote states:  “We note that, once it is found that an employee is disabled under § 301(4), the employee must then establish wage loss in order to compute wage loss benefits under MCL 418.361. The clear language of the second sentence of § 301(4) militates against any holding that the terms ‘wage earning capacity’ and ‘wage loss’ are synonymous.”

As the prior quote of Sington noted, if a plaintiff intended to retire with a firm intention never to work again prior to an injury, that would be the basis for wage loss, regardless of how disabled he or she was from the injury.

The magistrate concluded “[a] review of the record… reveals no convincing evidence that plaintiff intended to continue working after this retirement.  She testified she ‘could’ have worked, had she not been injured, but not that she ‘would’ have worked. There is no evidence that plaintiff had other work lined up. She did not testify to any particular plan to work or any job she wished to try. The available evidence supports the finding that plaintiff did not intend to work following her retirement. Thus, the retirement is again the cause of the wage loss, not the disability.”

This is a good decision, bolstered largely by the Magistrate’s thorough and pointed analysis (for the most part).  Although the Magistrate goes on to apply Stokes after finding no wage-loss attributable to the work injury (an analysis that is questionable as it does not appear to be necessary) the Commission largely ignores that part of the analysis and affirms the decision to deny benefits.

This is a significant decision, which will likely generate further appeal, but it sets up an opportunity to ultimately address the hypothetical referenced in Singtons footnote 11 with respect to a claimant’s burden to prove that wage loss is attributable to injury, rather than to some other of a host of reasons (including retirement).

The opinion is attached here:  2013 ACO 66 (Kirby v. GM)

About cjtucker06

Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs. Board of Directors, Michigan Defense Trial Counsel Amicus Committee Co-Chair, Michigan Defense Trial Counsel Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia. United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003 Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
Gallery | This entry was posted in Insurance and Indemnity, May It Please the Court, Michigan Supreme Court Orders, Workers' Compensation Cases. Bookmark the permalink.

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Review: Dark Souls II + Lost Crowns DLC

Dark Souls II

Genre: Action role-playing
Developer: FromSoftware
Publisher: Bandai Namco Games
Platform: Windows, PS3, Xbox 360, PS4, Xbox One
Release: March 11, 2014

Dark Souls II

Immortality is the oldest of human fascinations. It appears in many guises, from vampire folklore to religious promises. Sometimes it elevates men, and sometimes it defiles them.

The Undead of Dark Souls bear a cursed mark known as the Darksign. They begin with human intelligence, and they’re reborn at mystical bonfires when they die, granting them an indefinite lifespan. But they decay each time, eventually becoming mindless, predatory Hollows. Your character in Dark Souls II begins partially Hollow, entering the ruined kingdom of Drangelic in search of a cure. You face hordes of former peasants and soldiers, consumed by the same curse. But perhaps your condition is fortunate, because few people could beat Dark Souls II without dying many times.

You Died

Veterans of the Souls series will often say it respects you more than other games. “It’s not hard, it’s fair,” a fan once told me. Many RPGs begin with severe challenges, growing rapidly easier as you level up and find better loot. Dark Souls II remains difficult for the entire journey. You can and will gain enough firepower to one-shot many enemies, but even with heavy armor, you can take extreme damage from a handful of blows. Some shields don’t completely neutralize physical damage, and you lose stamina for each block, roll, or swing, leaving you staggered and helpless if you overextend yourself. Combat is as much about reading your opponent’s moves and posture as sheer brute force. If you aren’t careful, the weakest peasants will stunlock you to death.
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Getting Influenza the First Week of the Semester

H1N1 influenza
Influenza is a nasty disease, for something unlikely to kill or (permanently) cripple you. It comes in numerous flavors, from H1N1 and H3N2 to Influenza B, and it mutates with great enthusiasm, preventing broad immunity through either infection or current vaccines. You’re usually contagious a day or two before you feel sick, which makes it easy to spread. Even when symptoms appear, you usually don’t feel that sick for several hours, when you’re already trapped at work or school.

You might mistake it for a cold at the beginning, but it saps your energy in a very distinctive way. Your limbs become heavy and stiff, and your entire body feels cold and exposed, no matter how many blankets you pile on yourself. Water tastes like dirt, even though you should probably drink a lot of it, and it becomes possible to sleep for longer periods than you could ever manage normally. You should stay home in this phase, but some employers, parents, or superegos will pressure you to work anyway, despite the infection risk. If you have weaker defenses or very bad luck, it can cause pneumonia, encephalitis, or organ failure. More often, it disables you for several days and leaves a nasty cough afterward.

At least, it knocked me down every time I could remember. Thus, when my mother caught the flu during my first week back at college, I became very nervous very quickly. She woke up Monday with a sore throat, went to work thinking she had a cold, and returned that evening with a fever of 101°F. It rose three degrees higher before she finally got it down by taking a bath. I slept at my friend’s house that night, so I didn’t know she was sick yet. My throat hurt the next morning. It felt like a cold, growing slightly worse each hour. I realized it was influenza the moment I learned about her. In retrospect, I never had a chance. The vaccine didn’t protect her from that particular strain, so it didn’t protect me, and she’d probably been contagious all weekend.

It wasn’t her fault, but it threw a wrench into my entire schedule. I started courses in HTML, Python, computer hardware, and fiction writing that week, and I moved my site to WordPress. Before infection, I planned to work ahead in each class, utilizing the calm introductory phase. The flu shattered my plans. At a minimum, I couldn’t go to class for the rest of the week. I was too dangerous to others. My mother works roughly ten hours at the hospital each day, and she spends her free time cleaning the house. Her energy reserves defy comprehension. So when she called in sick and couldn’t leave her bed the next day, I knew my week was doomed.
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Review — Geometry Wars 3: Dimensions Evolved

Geometry Wars 3

Genre: Shooter, arcade
Developer: Lucid Games
Publisher: Activision
Platform: iOS (reviewed), most others
Release: July 7th, 2015

geometry wars 3

For such a successful series, the origins of Geometry Wars are rather humble. Stephen Cakebread wrote the earliest iteration to troubleshoot controller input for Project Gotham Racing, employing simple vector graphics because they were easy to draw. After the main project hit stores, he expanded the Geometry Wars demo into a complete minigame, embedding it within a virtual arcade machine in Project Gotham Racing 2. He and his co-designers at Bizarre Creations didn’t expect it to receive much attention, but it became surprisingly popular, prompting them to develop an expanded version titled Geometry Wars: Retro Evolved for Xbox Live Arcade.

I haven’t played a Geometry Wars game since Galaxies in 2007, so when I saw Geometry Wars 3: Dimensions Evolved in the iOS App Store, I was immediately intrigued. As a port of a console game, it costs $9.99, which is expensive by mobile standards but cheap anywhere else. Geometry Wars 3 contains no microtransactions or internal advertisements, and in an iOS climate absolutely saturated with them, I’m happy to pay a little extra up front. I had some concerns about how the dual-stick controls would translate to my iPad’s touchscreen, but input is largely responsive. The result is an exceptional arena shooter.
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Eleven ADHD Strategies

This article’s header image comes from Jesper Sehested, author of Click here to view his website.

ADHD doesn’t scare people as much as some classical mental disorders, which is a double-edged sword. On the one hand, no one assumes you’re going to kill their family, but on the other, it’s subtle enough to be overlooked, even in the face of great turmoil.

I’m autistic, but I also have ADHD, and in my particular case, I consider it a larger issue. It’s the difference between looking strange and confusing important deadlines, or wanting to fall asleep all the time, or coming in thirty minutes late to your school’s free ACT session.

It sounds laughable, until you (or other people) suffer the results. But I’ve survived, partly from stimulant therapy, and partly because I’ve learned to compensate. These are eleven strategies and ideas I’ve developed over the years. I won’t claim to follow them perfectly, but they’ve made a difference in my life. I’m not a medical expert, or even old enough to drink, but if you have ADHD, I hope at least a few items here will prove useful.

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Review: Hero Core (Freeware)

Hero Core

Genre: Shooter, action adventure
Developer: Daniel Remar
Platform: Windows, Macintosh
Release: May 3rd, 2010
Latest Windows version:
July 22nd, 2013

Hero Core is an open-ended shooter game from Daniel Remar, the creator of fellow freeware title Iji. While Iji is an unusually intricate Game Maker creation, with complex stat development, branching plot, hacking minigames, and two competing enemy factions, Hero Core takes a simpler approach, and ultimately a better-rounded one. You play as Flip Hero, a being locked in never-ending combat with a war machine called Cruiser Tetron. With his legion of robotic soldiers, Tetron aims to destroy the earth, and you simultaneously. Flip Hero has defeated Tetron many times in the past, , but the machine’s servants rebuild him each time. Relief is fleeting on both ends.It’s a familiar plot for a game, but Tetron receives more development than you would expect, a predator enslaved by his own programming.

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Works of Fiction (and Research) I Should Have Finished by Now

An incomplete list:

Woken Furies – Richard K. Morgan
Havoc – Chris Wooding (Lost under my bed for several months)
The Diamond Age – Neal Stephenson (Checked out online numerous times; too lazy to finish)
Ravenor Rogue – Dan Abnett
Caves of Ice – Sandy Mitchell
NeuroTribes – Steve Silberman
Complete CompTIA A+ Guide to PCs, Sixth Edition
– First semester HTML and C++ textbooks (Busy compensating for lack of friends in high school)
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iOS, Kovacs, and Other Winter Distractions

Even Google’s in on it.

Ah, December. The month of an arctic-dwelling fat man who runs a factory of elves, handing them manufacturing quotas from lists written in childhood handwriting. Their orders are many, encompassing brands from Lego to Sony, but the elves possess the technical knowledge, company schematics, and rare metals necessary to assemble them, because otherwise they wouldn’t be elves. They receive most of their lists a week or three before Christmas, but they never collapse while operating forklifts, or misplace important parts, or call their labor union; they churn out products hour after sacred hour, as if fed meth through their office coffee maker. Continue reading

First Impressions: Dark Souls II

Genre: Action role-playing
Developer: FromSoftware
Publisher: Bandai Namco Games
Platform: Windows, PS3, Xbox 360,
PS4, Xbox One
Release: March 11, 2014

I’ve spent around seventy hours with this game, and so far, it’s handily one of the best I’ve ever played. The graphics are slightly outdated, as you’d expect for a 2014 title, but aside from a few bland stone textures, the artwork remains appealing. Drangleic is a broken realm, and decay runs through every lifeless wooden shack and moss-infested tower. You play as an Undead (yes, capitalized), a human branded with a cursed mark known as the Darksign. The mark grants your kind potential immortality, reviving you at magical bonfires whenever you die. But though you begin with human sentence and flesh, each death rots your body and corrodes your mind, bringing you closer to the walking corpses of old superstition. The final state is a being known as a Hollow, a predator that exists only to feed on the souls of humans, sentient Undead, and other lifeforms. Continue reading

Sleep Deprivation

I hate sleep deprivation. Of all the mundane physical sensations, it’s probably the shittiest. It’s also been a frequent companion. When I was very young, staying up late excited me, but my sleep reached an average of three hours by the first month of grade eight, which forever killed my enthusiasm. The following 2.5 years were a single never-ending day, a haze of social fears, sleep deprivation, and untreated ADHD. I started sleeping better afterward, but I was also self-medicating with caffeine pills, which caused occasional nights where I couldn’t sleep at all. I usually sleep for seven or eight hours now, but I stupidly, stupidly played Zelda II: The Adventure of Link until 1 AM this Tuesday, and I couldn’t shut my brain off afterward. I spent the next day at college with no sleep whatsoever. It’s a little better than in grade 11, since I take stimulants now, but it’s still one of the shittiest feelings in recent memory. And self-inflicted, no less.

Every time I have a night like that, I remember: there are people who brag about losing sleep, or think you’re lazy if you can’t get by on five hours every morning. There are times when you have to wake up early, just as there are times when you can’t get enough food or water, but it should be avoided as much as possible. It doesn’t just make you tired, it impairs you. According to the CDC,

  • An estimated 1 in 25 adult drivers (aged 18 years or older) report having fallen asleep while driving in the previous 30 days.
  • The National Highway Traffic Safety Administration estimates that drowsy driving was responsible for 72,000 crashes, 44,000 injuries, and 800 deaths in 2013. However, these numbers are underestimated and up to 6,000 fatal crashes each year may be caused by drowsy drivers.

Sweet dreams. Continue reading

Why Ocarina of Time Isn’t the Best Game Ever

Ah, Ocarina of Time. The first 3D Zelda, and probably the most respected. Ocarina pioneered target-locking, context-sensitive controls, and other modern features, lifting the core gameplay into wider spaces with no loss of playability. It hit shelves in 1998, earning perfect scores from IGN, GameSpot, Edge, Famitsu, and numerous other sources. In that day, it probably deserved them. Countless developers cite it as an influence. At the time of writing, it continues to hold the highest Metacritic rank of any video game.

I first played Ocarina of Time in second grade. My parents ordered a GameCube from eBay, which shipped with a copy of Zelda: Collector’s Edition. It also shipped with a PlayStation 2 AV cable, which proved mostly incompatible. The screen rendered in sickly gray tones with lines of wavering static, as if struck by some digital pathogen. After placing yet another order for the proper AV cable, I popped the disc in around a week later. I tried all four games, but Ocarina was the first I made any progress in. The NES titles killed me too fast, and Majora’s Mask was too complicated. I got stuck at Death Mountain for several months, but a guide helped me enter (and beat) Dodongo’s Cavern, and I woke up early the next morning, trying to make up for lost time. When we moved the system to my room, I often played late at night with the speakers muted, sneaking paranoid glances down the hallway. I often turned in homework late, as well, but you don’t get that focused without making sacrifices.

Despite that, when Edge, IGN, or other sources called Ocarina the best game ever made, I never agreed. I considered it very good, and I still do, but “best ever” didn’t make sense to me. The story was a little too thin, the combat was a little too easy, and the Water Temple was a little too irritating for that award.

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An audience with His Majesty King Norodom Sihamoni

The staff of Amrita Performing Arts and the dancers of Khmeropédies III had the great honor to be granted an audience with His Majesty King Sihamoni on Tuesday September 6, 2011.  The delegation was led by Country Director Mr. Suon Bun Rith, and accompanied by Her Royal Highness Sylvia Sisowath.   Mr. Bun Rith reported to the King on Amrita’s mission and current activities while His Majesty King Sihamoni offered his full endorsement to Amrita’s works and all best wishes, on behalf of Their Majesties the King Father and King Mother, to the Board of Trustees, Executive Director, staff and artists of Amrita Performing Arts.

His Majesty’s interest in Amrita’s works and subsequent grantingof the audience came after Amrita’s public showing of Khmeropedies III: Source/Primate, created by Cambodian-French choreographer Emmanuèle Phuon and funded by Un Monde Par Tous and La Fondation La Ferthé.  Mr. Fred Frumberg, Founder and Executive Director of Amrita Performing Arts, has had the great privilege of meeting with His Majesty the King on three previous occasions.  Since its inception, Amrita has received two letters from His Majesty King Sihamoni; one to endorse Amrita in its cultural endeavor and another to thank Amrita for presenting to him a copy of the newly published book Beyond the Apsara: Celebrating Dance in Cambodia.

This audience and acknowledgement by King Sihamoni of Amrita’s efforts to nurture the creation of contemporary dance in Cambodia, is of great significance and all of us at Amrita Performing Arts are extremely grateful to His Majesty the King for his support and endorsement.

This entry was posted in Emmanuele Phuon, His Majesty King, Khmeropedies, Press. Bookmark the permalink.

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Amused Authors

Brrr! Turn up the *&^%ing heat! by Tymber Dalton
November 19, 2008, 10:17 am
Filed under: fiction, life, writing | Tags: ,

This is FLORIDA. Soutwest FLORIDA. It’s not Columbus, OH (go Bucks!) or BFE, Alaska.

That means it’s not supposed to get COLD. Would you believe I had to switch from AC to heat yesterday? Yes, I know I’m a wuss, but I hate cold. I was blessed enough to be born and raised in the Sunshine State, so when I wake up to 39 degrees, that irritates me.

I’m so stoked though, because Amira Press sent me the two covers for my sexy shapeshifter shorts coming soon from them, “Dog Walk” and “Doggy Style.” Yummy covers! I worked on book trailers for three of my books, happy with how those turned out. AND…*drumroll* one of my Tymber Dalton books comes out on Monday, 11/24, with Siren-BookStrand. YIPEE!!!

Because I have a tendency to do things bass-ackwards (like writing book 6 in a series before book 2 is finished) I did the trailer for my Tymber Dalton (Siren-BookStrand) book, “Love at First Bight” even though “Love Slave for Two” is the one being released on Monday.

This one is my trailer for “Out of the Darkness” coming from Lyrical Press in January.

This one is for “Good Will Ghost Hunting: Demon Seed” which is the first in the series (also from Lyrical Press).

Also, my trailer for “Love and Brimstone” is up for a Covey award. You can vote for it at:

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The 10 Thinking Errors That Will Hold You Back In Life

As we go about our daily routines, our internal monologue narrates our experience. Our self-talk is largely influenced by our underlying assumptions and beliefs and sometimes, our conscious thoughts aren’t necessarily accurate.

Our thoughts greatly influence the way we feel and the way we behave. Listening to and believing in irrational thoughts can lead to a variety of problems, including communication issues, relationship problems, and unhealthy decisions. Whether you’re striving to reach your personal or professional goals, the key to success often starts with recognizing and replacing the 10 common thinking errors .

The Thinking Man sculpture at Musée Rodin in Paris (Photo credit: Wikipedia)

The Thinking Man sculpture at Musée Rodin in Paris (Photo credit: Wikipedia)

We’re all prone to experience thinking errors sometimes. The most common thinking errors can be divided into these 10 categories, which are adapted from David Burns book, Feeling Good: The New Mood Therapy.

1. All-or-Nothing Thinking
Sometimes we see things as being black or white. Perhaps you have two categories of co-workers in your mind – the good ones and the bad ones. Or, maybe you look at each project as either a success or a failure. Instead of recognizing shades of grey, we can be guilty of thinking in terms of things being all good for all bad.

2. Overgeneralizing
It’s easy to take one particular event and overgeneralize how it applies to other situations. If you failed to close one deal, you may decide, “I’m bad at closing deals.” Or if you are treated poorly by one co-worker, you might think, “People in this industry are not nice.”

3. Filtering Out the Positive
If nine good things happen, and one bad thing, sometimes we filter out the good and hone in on the bad. Maybe we declare we had a bad day, despite the positive events that occurred or we look back at our performance and declare it was terrible because we made a single mistake. Filtering out the positive can prevent you from establishing a realistic outlook on a situation. Developing a balanced outlook requires you to notice both the positive and the negative.

4. Mind-Reading
Although deep down we understand that we don’t really know what other people are thinking, it doesn’t prevent us from occasionally assuming we know what must be going on in someone else’s mind. When we think things like, “He must have thought I was stupid at the meeting,” we’re making inferences that aren’t necessarily based on reality.

5. Catastrophizing
Sometimes we think things are much worse than they actually are. If you fall short on meeting your financial goals one month you may think, “I’m going to end up bankrupt,” or “I’ll never have enough money to retire,” even though there’s no evidence that the situation is nearly that dire. It can be easy to get swept up into catastrophizing the situation once your thoughts become negative.

6. Emotional Reasoning
Our emotions aren’t always based on reality but, we often assume those feelings are rational. If you’re worried about making a career change, you might assume, “If I’m this scared about it, I just shouldn’t change jobs.” Or, you may be tempted to assume, “If I feel like a loser, I must be a loser.” It’s essential to recognize that emotions, just like our thoughts, aren’t always based on the facts.

7. Labeling
Labeling involves putting a name to something. Instead of thinking, “He made a mistake,” you might label him as “an idiot.” Labelling people and experiences places them into categories. Often, these labels are based on isolated incidents.

8. Fortune-telling
Although none of us know what will happen in the future, we sometimes like to try our hand at fortunetelling. We think things like, “I’m going to embarrass myself tomorrow,” or “If I opened a business, it would fail within the first year.” These types of thoughts can become a self-fulfilling prophecy if you’re not careful.

9. Personalization
As much as we like to think we don’t think the world revolves around us, it’s often easy to personalize everything. If someone doesn’t call back, you might think, “She must be mad at me,” or if a co-worker is grumpy, you might assume, “He doesn’t like me.”

10. Unreal Ideal
Making unfair comparisons about ourselves and other people can ruin our motivation. Looking at someone who has achieved much success and thinking, “I should have been able to do that,” isn’t helpful, especially if that person had some lucky breaks or competitive advantages along the way.

Once you begin recognizing thinking errors, you can begin working on trying to challenge those thoughts. Look for exceptions to the rule and gather evidence that your thoughts aren’t 100% true. Then, you can begin replacing those thoughts with more realistic thoughts.

The goal doesn’t need to be to replace negative thoughts with overly idealistic or positive ones, instead replace them with realistic thoughts. Changing the way you think takes a lot of effort initially, but with practice, you’ll notice big changes – not just in the way you think, but also in the way you feel and behave. You can make peace with the past, look at the present differently, and think about the future in a way that will support your chances of reaching your goals.

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(Note: This post originally appears at as a guest post)

As we all know, the holiday season has all but passed by again, and with that comes the inevitable social gatherings, be it family, friends, co-workers, or any combination therein, eventually someone always brings up running. Typically it’s an inquiry for advice regarding a New Years Resolution; how to start running, how to keep going, what shoes to wear, and being that we live in a northern state, there is always a question about whether or not my lungs burn in the cold (they don’t, they never have, yours don’t either, HTFU). While all of these questions are benign, their intention never seems to be… In the context of the holiday party, what people are actually asking for is not advice, it’s a panacea. And just like at some point in your life someone has to tell you that Santa Claus doesn’t exist, I must inform you that when it comes to running, there is no panacea, there is only consistency, and discipline.

This of course goes against our common cultural logic where every article written about running includes 10 tips to your next PR, but as we all know, those articles are written to sell magazines, not improve times. Actual improvement is incremental, sometimes it’s obvious, sometimes it’s not, and sometimes it involves getting slower while your body prepares itself for the next leap. Naturally improvement requires workouts, it requires long-runs, and myriad unsexy excercises designed to keep our  bodies balanced and healthy, and these are typically the topics I am asked about by my aspiring friends. What they tend to not want to hear is always the most important part, which is that all workouts aside, one must wake up the next morning, lace up your flats, and step outside your front door, and start running.

In our instant-gratification, 3-day fix-oriented culture, nothing seems less sexy than actual dedication, but if your goals include human-powered distance or speed, this is the actual panacea: Run, preferably a lot, sometimes fast, sometimes long. Understandably, it isn’t sexy to discuss the day-in-day-out monotony of rising early every morning so that you can slowly wear the rubber off of your running shoes. In actuality, it’s damn near boring, but it is indeed the secret, as unprofound as it is. The uninitiated will not understand the discipline required to run great distances, nor should they! This understanding is instead honed mile by mile over the course of days, weeks, and months. This knowledge is earned by ice-crusted facial hair, blisters, countless miles lit by dimming headlamps, blackened toenails, unmentionable chafing, and ineffable degrees of discomfort endured while pursuing goals that many will never begin to understand.

While this lack of shortcuts is a deterrent to many, those of us who choose these pursuits should not shy away from the challenge, but rather embrace it. Camus imagined Sisyphus smiling, claiming that the struggle itself is enough to claim a mans heart. And while it may not always make for good dinner conversation, I think he’s right. Learn to love the work, because if your goals are as ambitious as they should be, then you already know, it never gets any easier, only faster.

The author benefitting from countless trials of miles

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Jul 25 AT 12:01 PM Alberto Vildosola 1 Comment

Qualcomm acquires gesture technology from GestureTek, Kinect-like features on Google TV get closer to reality

Qualcomm just announced the acquisition of certain IP assets from GestureTek, a company working on gesture recognition technology. It’s not clear at this point exactly which assets Qualcomm has acquired, but the company did say the acquisition gives them access to gesture recognition technology, as well as “key engineering resources.”

GestureTek, which has been around since 1986, develops and licenses gesture recognition software based on computer vision techniques. The company has worked on many popular consumer products like the Xbox 360, PlayStation and others.

At this moment, we don’t know what Qualcomm plans to do with GestureTek’s technology. However, the company mentioned in its press release that it has plans to integrate this technology into Qualcomm’s “current and next-generation Snapdragon.” Android phones and tablets quickly come to mind, but Qualcomm seems to have bigger plans for another kind of Android device:  Google TV.

In fact, Qualcomm explicitly mentions how this technology will allow OEMs to build “home entertainment devices with user interfaces based on natural human gestures.” Key phrase here being “home entertainment devices.” Couple this with the fact that Ice Cream Sandwich will bring some pretty cool motion tracking features, and you can clearly see a “Kinect-killer” in the making here.

Microsoft’s Xbox 360 is basically the biggest competitor Google TV has. The device, deservedly so, is quite popular among gamers. And the introduction of the Kinect has obviously made it attractive to regular consumers as well. The Xbox 360 brand is so strong, in fact, that Microsoft is leveraging the device’s popularity to market its moribund phone platform. Even though, integration between the two is only an inch deep.

On the other hand, Google TV is–as it stands right now–not very loved by the average consumer and even less so by gamers. But if you look closely, you can see how the pieces are starting to fall together to make Google TV an awesome video gaming platform. One of those pieces is OnLive, and you can expect the cloud gaming service to find its way to Google TV in the near future. However, that still leaves a pretty big hole in the whole gesture-based gaming section. That’s where GestureTek’s technology comes in.

Interestingly, HTC is a big supporter of OnLive. And as everyone knows, HTC and Qualcomm are best friends forever. We even think of the two as one company sometimes. Could we see an HTC Google TV device in the future powered by GestureTek’s technology? We can only dream at this point.

Show Press Release

SAN DIEGO, July 25, 2011 /PRNewswire/ — Qualcomm Incorporated (NASDAQ: QCOM) today announced that it has acquired certain assets from GestureTek, a developer of gesture recognition technology. A leader in the gesture recognition field, GestureTek has more than 25 years of experience implementing gesture-based technologies in mobile devices, entertainment facilities, healthcare systems, retail locations, and public and private venues. The acquisition gives Qualcomm ownership of certain intellectual property assets related to gesture recognition, as well as key engineering resources. GestureTek is retaining other assets in continuation of its gesture-controlled public display and digital signage business.
“Applications processors are enabling a range of new ways for consumers to interface with their home entertainment and mobile devices,” said Steve Mollenkopf, executive vice president and group president, Qualcomm. “Our acquisition of key technology and assets from GestureTek will strengthen Qualcomm’s smartphone product portfolio and enable our customers to launch products with new and compelling user experiences.”
Gesture recognition technology will be integrated into Qualcomm’s current and next-generation Snapdragonâ„¢ processors, giving OEMs the capability to produce smartphones, tablets and home entertainment devices with user interfaces based on natural human gestures.

Via: TechCrunch

Source: PR Newswire

Alberto is a college student living somewhere between Miami, Sarasota and the World Wide Web. Although a former iPhone owner, Alberto is now a proud Android enthusiast. You can follow Alberto on Twitter and Google+ for his thoughts unworthy of an article.

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  • Richard Yarrell

    This is a great video opening the doors to many things that may appear in some of our future devices. Anyone who knows me already knows I support everything Google/Htc/Qualcomm/Sprint and in that exact order that will never change. The future looks pretty bright for all 4 in the coming months and years and because of that it will only strenghten android.


text:
Saturday, March 20, 2010

Infidelity rates by ethnicity

++Addition++Commenter Steve astutely pointed out that I forgot to include Italians. The sample size is more than sufficient, I just missed it. The table has been updated appropriately.

The re-posting at R/H/E Notes of a paper on the putative lasciviousness of Swedish women made me wonder about the relationship between ancestry and philandering in the US. The following table, constructed from GSS data, shows self-admitted cheating rates among those who were married when they were fooling around, sorted in descending order by female creeping:

Native American15.327.3681
Eastern European12.517.9729
Central European8.812.2275

* "American" refers to those who claim the same and nothing else as their ethnicity. Many of these folks trace their ancestry in the US back several centuries. They are concentrated in the South.
"Eastern European" includes those of Polish, Romanian, Russian, Hungarian, and Lithuanian descent, as well as those who trace their ancestry back to somewhere in the former Yugoslavia.
"Scandinavian" includes those of Danish, Finnish, Norwegian, and Swedish descent.
"Iberian" includes those of Spanish and Portuguese descent.
"Central European" includes those of Austrian, Czechoslavakian, and Swiss descent.
"Asian" includes those of Chinese, Japanese, Filipino, and Indian descent.

I am more aware of a stereotype concerning the of promiscuity of French women than I am of one regarding Swedish girls. The sample sizes for Denmark and Finland are too small to consider individually with any statistical confidence, so I included them in a broader Scandinavian category, but of the 120 women of Swedish ancestry surveyed, 15% of them claimed to have cheated on their husbands. That puts them near the top of their sex, with higher infidelity rates than the other three Scandinavian women exhibit. So this reputation does not appear to be baseless.

Black women occupying the top spot among their sex is of little surprise. That black men are second to those from Iberia is unexpected, however. The self-reported cheating rate among Spanish men is peculiarly high, to such an extent that I wonder if it is not a fluke or even the result of a coding error. The correlation between cheating rates among men and women of the same ethnic group is a middling .49 (p=.03), but removing Iberians (four-fifths of whom are Spanish) from the calculations sends it soaring to .76 (p=0). Because of the strong similarities among men and women of the same ethnic grouping (relatively, that is--just as men consistently reporting having a greater number of sexual partners in the course of their lifetimes than women do, men are also consistently more likely to claim they have cheated on their spouses than women are), I'm encouraged as to the amount of value in the data.

Despite having an Irish grandparent, I tend to associate uncouthness with the ruddy "Scotch-Irish" term that many people use as an ethnic identifier. Well, those of Scotish, Irish, and "American" (ie, largely Scotish, Irish, or Scotch-Irish who constitute the McCain Belt) ancestry are all clustered at the top among groups of European descent.

Non-black NAMs come next, followed by Eastern Europeans, Western Europeans, and finally Asians, who are once again reliably found performing with much probity on a measure of social behavior.

GSS variables used: EVSTRAY, ETHNIC, SEX

ironrailsironweights said...

In one sense it's rather surprising that Asian women have such a low infidelity rate. According to conventional wisdom, many women reluctantly settle for Beta men when it comes time to get married, but will then cheat with the first Alpha who comes along. Given that Asian men have a reputation as Betas, there should be any number of Asian women who are amenable to Alpha charms. The general desirability of Asian women should make this even more so.

Anonymous said...

Surely there is a problem here?

If a man is unfaithful, then he must be unfaithful with someone.

Unless there are a large number of unmarried women, or some women are getting all the action, these stats seem wrong.

I would expect women to less likely to admit to being unfaithful, even in a situation where it is claimed you will never be found out, and perhaps some of the men cannot distinguish between Mrs Palmer and a real woman.

Audacious Epigone said...

Is that the conventional wisdom? It strikes me as a relatively novel conception that does not have much in the way of empirical support, though I think it is generally true but exaggerated. Surveys consistently show that Asian couples have sex less frequently than white and black couples do, so I don't find it surprising that they are less 'enticed' into cheating.

Right, it's the same mathematical impossibility we see with self-reports on the number of lifetime sexual partners. Relevance here is to those of the same sex but of different ethnic groups.

Anonymous said...

I love that you separate 'black' and 'american' saying that the 'americans' can trace several centuries back in this country. Unlike 'black' people who are CLEARLY separate!
You can make any blog racist, congrats.

Anonymous said...

Audacious Epigone said...

Very few blacks choose "American" as their race/ethnicity--they overwhelmingly choose "black". Most of the whites who do choose "American" have roots in the country going back centuries, as opposed to those who trace their ancestry to Russia or Germany. In pointing that out I'm not attempting to make a value judgment one way or the other, but to simply describe an ethnic identifier many people are not particularly familiar with.

Thanks. I've fixed the spelling.

levi johnston said...

I wish there was more reliable data on cuckoldry.

Anonymous said...

According to Rushton's hypothesis, in a statistical sense, for clusters of genetic propensities, black Africans are somewhat more ape-like than white Europeans, who are in turn are somewhat more ape-like than East Asians. (Cold weather in Eurasia and an 10,000 year-old rice-farming culture in China might explain Rushton's hypothesis.) Do promiscuity and adultery seem more ape-like than chastity and sexual fidelity?

The Asian of Reason said...

Peter, Asian sexual culture is still highly conservative. It is looked down upon for a women to cheat, for a man to cheat, it isn't that big of a deal. There is a strong social incentive for Asian women to remain faithful, regardless of the sexual prowess of their spouse.

agnostic said...

dude, sonic 4 -- holy shit.

Audacious Epigone said...

Has it been released yet?

Steve said...

Where are the Italians?

Twinky said...

That's interesting. I think, some people are just too good on How To Cheat And Get Away With It. :)

Anonymous said...

Swedish women don't consider it cheating because they are very open about it; it's part of their culture.

Anonymous said...

You said:
"Black women occupying the top spot among their sex is of little surprise."

I say:
From my experiences as an Black American woman it is a big surprise. I have had several encounters wherein very promiscuous White American women have had sex with men regardless of their "committed" relationships, many times resulting in many broken families and relationships.

Maybe the more appropriate question would be "Have you had sexual/intimate relations outside of a committed relationship?"

Anonymous said...

I don't trust statistics i feel that women maybe at the same level to cheat or even higher... women will more likely lie and get way with it besides it is hard to argue with women. Most women will not admit having an affair having an affair doesn't give women an ego boost or feel good about it hence they will most likely their desires since women are more emotionally oriented they are more likely to cheat with people close to them, i bet most wives have a bi-curios tendency than men since they will be more appreciated and comforted by their girl friends when their husbands are busy on a bussiness trip or making money.
men will of course admit having an affair to other people except to their wife and most men cheat coz they want to have fun but few cheat coz of emotional reasons

Anonymous said...

Black women occupying the top spot among their sex is of little surprise.

How is this of little surprise. I'd love to know.

Anonymous said...

You forget another significant correlating factor -- how loyal Asian women generally are. A force far greater than coveting/desiring an alpha alternative to a beta reality, is one of honor and reputation, inspired by and deeply embedded within the culture.

Anonymous said...

This stinks of racism.
So all Black's in the world are the same race are they?

Where as we can safely define white people by their country of origin!

And then you are not surprised?!
I am not surprised!

Anonymous said...

This topic was put by a stupid racist that can only see american caucasians as made up polish, scotish but blacks as a single group.

Just for your own education, black in america are made of
Black Indians
Kenyans ( your pesident father)
African americans...

If you break that 18% down to all black groups, you will be surprised to see blacks as a whole group cheat less than yourself..or your own group..

preetham asoda said...

What is the basis of your statement - Asian men have a reputation of betas? What makes you decide non Asian men are alphas?

Anonymous said...

Hello everyone!I had seen so many recommendations about,so I contacted him to help spy on my spouse cell phone. He was really efficient and now I have access to everything including hacking into phones and intercepting text messages,getting mail passwords,and and I get to see all this from my phone without him

Anonymous said...

Incorrect. Blacks are a group as a whole, breaking down subgroups wouldn't change the average of the total group. If I take ths stats for all the groups listed that are white, I get an average female infidelity rate of 12.67% for whites. That average doesn't change because Scotts and Frenchies are extra randy. Their libido is already accounted for in the average.


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Guest Information

Jessica Calvello

Voice Actress
Texas, USA

Home Page Twitter Facebook Google+ YouTube Wikipedia IMDb Amazon.com

Jessica began working in the dubbing industry with ADVfilms (now Sentai Filmworks and Seraphim Digital) back in 1995, with her first show being 3 BIG LINES in an anime no one has ever heard of called Evangelion. She went on to record maaaaaaany titles with ADVfilms, as well as Central Park Media, 4Kids, Right Stuf, International (and many more) including: Excel Saga, V1-3 (Excel Excel), Ruin Explorers (Fam), Dragonhalf (Mink), New Kimagure Orange Road: Summer's Beginning (Hicaru), Those Who Hunt Elves, S1 (Celcia), Dirty Pair, OAV 1-5 (Yuri), DNA² (Karin Aoi), Magical DoReMi (Drona), Kare Kano (Tsukino), Comic Party (Eimi), Queensblade (Nanael), Pokemon (Kay the Raichu Trainer), Virus Buster Serge (Donna), Slayers: the Motion Picture (Meliroon), Boogie Pop Phantom (Moto and Poom Poom), and New Cutey Honey (The Lovely Warrior, Honey Kisaragi), in which she was personally cast by Go Nagai for the English dub.

Some of her more recent work includes: Nadeshiko (Street Fighter V), Hange Zoe (Attack on Titan and Attack on Titan Junior High), Gatchaman Crowds (Hajime), Brynhildr in the Darkness (Kotori Takatori), The World God Only Knows Goddesses (Haqua), Fairy Tail the Movie: Phoenix Priestess (Éclair), Infinite Stratos II (Tatenashi), Dog and Scissors (Natsuno), Problem Children are Coming from Another World, Aren't They? (Black Rabbit), Rozen Maiden Zurücksplen (Suigintou), Girls und Panzer (Saori), Maria Holic/Maria Holic Alive (Kanako), Ikki Tousen series (Ekitoku Chouhi), and Rip Van Winkle in Team Four Star's Hellsing Ultimate Abridged Episode 4 and Ifalna in Final Fantasy VII: Machinabridged (FF7:MA) - Ep. 8 to name a couple!

For reasons they most likely regret, Jessica is also working with the talented team over at Cyanide & Happiness! Check out Explosm on YouTube to hear her in the animated shorts: The Weatherman, Dinner with the Folks, Sad Larry in Love (and there's more animated shorts to come in the new year!)

Convention Guest Appearances:
   Project: A-Kon 1999 - June 4-6 in Dallas, TX
   Katsucon 2000 - February 11-13 in Arlington, VA
   Anime Weekend Atlanta 2000 - October 6-8 in Dunwoody, GA
   Aka Kon 2000 - November 26-27 in Vancouver, BC
   Ohayocon 2001 - January 26-28 in Cleveland, OH
   Katsucon 2001 - February 16-18 in Arlington, VA
   Aka Kon 2001 - November 16-18 in Richmond, BC
   Ushicon 2002 - February 1-3 in Austin, TX
   Katsucon 2002 - February 15-17 in Baltimore, MD
   Anime Central 2002 - April 19-21 in Rosemont, IL
   Sakura-Con 2002 - April 26-28 in Seattle, WA
   Ohayocon 2014 - January 24-26 in Columbus, OH
   Anime Southeast 2014 - May 9-11 in Sevierville, TN
   Colossalcon 2014 - June 5-8 in Sandusky, OH
   Glass City Con 2014 - July 26-27 in Toledo, OH
   Motaku 2014 - August 8-10 in Kansas City, MO
   Ani-Jam 2014 - August 16-17 in Fresno, CA
   Ohayocon 2015 - January 30 - February 1 in Columbus, OH
   Anime Detour 2015 - March 27-29 in Bloomington, MN
   Omni Expo 2015 - May 22-24 in Orlando, FL
   San Japan 2015 - July 31 - August 2 in San Antonio, TX
   Matsuricon 2015 - August 14-16 in Columbus, OH
   Glass City Con 2015 - August 29-30 in Toledo, OH
   Anime Ohana 2015 - October 9-11 in Honolulu, HI
   Ohayocon 2016 - January 15-17 in Columbus, OH
   EvilleCon 2016 - March 18-20 in Evansville, IN
   PortConMaine 2016 - June 23-26 in South Portland, ME
   Alcon 2016 - September 1-4 in Leciester, UK
   Anime Festival Wichita 2017 - June 23-25 in Wichita, KS
   Hazard Con 2017 - July 14-16 in Erie, PA
   AnimeCTX 2017 - August 4-6 in Round Rock, TX
   Alcon 2017 - August 31 - September 3 in Leicester, UK
   Burleson Arts & Manga Festival 2017 - September 16 in Burleson, TX
   Anime Attacks 2017 - October 21 in Gateshead, UK live via video feed
   OtakuFair x GaMExpo 2017 - November 3-5 in San Antonio, TX
   Wizard World Comic Con Cleveland 2018 - March 2-4 in Cleveland, OH
   Zenkaikon 2018 - May 4-6 in Lancaster, PA
36 guest appearances

Add or Update Information for Jessica Calvello
    Jessica Calvello

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