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Publish United States Court Of Appeals For The Tenth Circuit
Original Title: Pecha v. Lake, 10th Cir. (2017)
Description: Filed: 2017-07-25 Precedential Status: Precedential Docket: 16-6143
saveSave Pecha v. Lake, 10th Cir. (2017) For Later
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PUBLISH Tenth Circuit
UNITED STATES COURT OF APPEALS July 25, 2017
Elisabeth A. Shumaker
FOR THE TENTH CIRCUIT Clerk of Court
ALFRED PECHA, by and through Patty
Pecha-Weber, Next Friend and attorney-in-
Plaintiff - Appellant,
ED LAKE, Director of Oklahoma
Department of Human Services; JOEL
NICO GOMEZ, Director of Oklahoma
Health Care Authority,
Defendants - Appellees.
PUBLISHED CONCURRENCE
HARTZ, Circuit Judge, concurring:
In its unpublished opinion, Pecha v. Lake, No. 16-6143 (10th Cir. July 25, 2017),
the panel majority fails to follow the lead of a prior panel of this court and correct the
most harmless of technical errorsfailure to substitute the estate of a decedent as the
party before us. It then somehow manages to handle this appeal as if a deceased person
could be a party, but not with respect to some claims (I am not sure what they are) that
his estate could raisethereby avoiding a core argument addressed by the parties and
providing no guidance to future litigants on an important issue that can be easily
resolved. In this concurrence I will discuss the procedural background of the case, the
technical errors, the proper way to deal with those errors, and why the claim must
nevertheless be dismissed as moot because of the limitations imposed on the federal
district court by the Eleventh Amendment.
The original complaint was filed on behalf of 97-year-old Alfred Pecha by his
niece, Patty Pecha-Weber, acting as next friend and attorney-in-fact (under a power of
attorney). The complaint claimed that the state-official defendants had unlawfully
refused to determine that Mr. Pecha was eligible for Medicaid benefits. Among other
things, it sought a declaratory judgment and an injunction ordering the defendants to
cease denying coverage and ordering that they certify him as eligible for coverage from
the date of his requested eligibility and pay Medicaid benefits accordingly. Aplt. App.,
Vol. I at 14. The defendants moved to dismiss the complaint on several grounds,
including sovereign immunity under the Eleventh Amendment. They argued that the
Eleventh Amendment prohibited the federal court from issuing a declaratory judgment or
ordering payment of any past Medicaid benefits. The district court granted the motion as
to the declaratory judgment but ruled that if the court granted an injunction ordering the
defendants to certify Mr. Pecha as eligible for Medicaid benefits, the Eleventh
Amendment would not prohibit extending three months of pre-injunction benefits, as
provided in 42 U.S.C. 1396a(a)(34) (providing for three months of pre-application
eligibility for benefits in certain circumstances).
Unfortunately, Mr. Pecha died during the litigation. The defendants then filed a
Suggestion of Mootness and Motion to Dismiss because of his death. In response, Ms.
Pecha-Weber, now acting in the capacity of personal representative of Mr. Pechas estate
(she attached the state-court order naming her as personal representative), filed a motion
for substitution of parties (replacing Mr. Pecha by his estate) under Fed. R. Civ. P. 25.
She also argued against the defendants suggestion of mootness, contending that if the
court granted the injunction requiring defendants to certify Mr. Pechas Medicaid
eligibility, Pecha's estate still [would have] the ability to recover Medicaid benefits back
to their application date since they would be ancillary to and in furtherance of [the
injunction]. Aplt. App. Vol. III at 450. The defendants objected to the substitution of
the estate as a party, essentially on the ground that the estates claim was mooted, at least
in federal court, by Mr. Pechas death. They argued that the Eleventh Amendment barred
the federal court from granting any ancillary relief (such as the payment of past benefits)
once Mr. Pechas death mooted any claim for prospective relief.
The first technical error was that the district court did not grant the motion to
substitute the estate as the plaintiff. It did not address the motion to substitute at all, but it
granted the defendants motion to dismiss, in effect denying the motion to substitute. The
court may have thought that substitution of parties was unnecessary because the case was
moot anyway. Without substitution, however, there would be no proper plaintiff to take
an appeal challenging the district courts mootness ruling. The failure to grant the motion
to substitute was an undeniable abuse of discretion. The merits of the claim is not a
proper consideration in resolving such a motion. See 7C Charles Alan Wright, Arthur R.
Miller, Mary Kay Kane, Richard L. Marcus, A. Benjamin Spencer & Adam N. Steinman,
Federal Practice and Procedure 1956, 691 (3d ed. 2017) (Wright & Miller) (The
court will not resolve the merits of the controversy in passing on a motion for
substitution.). And denial of a timely motion to substitute, as in this case, can be
justified only in extreme circumstances. [I]t is difficult to imagine a case where
discretion might properly be exercised to deny a motion to substitute for a deceased
plaintiff made within the rules time limits. 6 James Wm. Moore et al., Moores
Federal Practice 25.12[4] (3d ed. 2017) (quoting Saylor v. Bastedo, 623 F.2d 230, 237
(2d Cir. 1980)). As stated in Wright & Miller, There appears to be only one reported
case under [the 1963 amendment to Rule 25(a)(1)] in which substitution has been denied
when the motion was made within the 90-day period [after service of a statement of
death], 7C Wright & Miller 1955 at 686; and in that case the party had been tardy in
many respects, including in serving a statement of death, see Ashley v. Ill. Cent. Gulf R.R.
Co., 98 F.R.D. 722, 724 (S.D. Miss. 1983).
The second technical error was the failure of counsel for Ms. Pecha-Weber (as
personal representative of the estate) to appeal the denial of the motion to substitute. This
likely was an oversight. Counsel began oral argument in this court by stating that he was
representing Mr. Pecha and his estate. The failure to substitute parties was then raised by
the panel during the argument. The oversight had not been noted in the defendants
pleadings on appeal. They did not rely in their briefing on the absence of the substitution
of parties. As set forth in the following footnote, the defendants 20-page brief
repeatedly argued as if the estate were a party on appeal.1
The District Court granted Defendants motion [to dismiss for mootness], holding
that Mr. Pechas estates sole interestthe award of ancillary monetary relief in the form
The proper way for this court to deal with the technical errors is simple and
straightforward. We should sua sponte substitute Mr. Pechas estate as the plaintiff-
appellant. That is what this court did in Copier v. Smith & Wesson Corp., 138 F.3d 833,
834 n.1, 835 (10th Cir. 1998). Plaintiffs counsel in that case had not moved to substitute
parties in the district court (the plaintiff died during district-court proceedings) or on
of a retroactive payment of back benefitscould not be awarded in the absence of a
viable claim for prospective injunctive relief. Aplee. Br. at 3 (emphasis added).
While Mr. Pechas estate may have appropriate recourse in the Oklahoma state
courts, in the wake of Mr. Pechas death, it cannot seek in a federal court the retroactive
payment of benefits it believes may be owed without running afoul of the Eleventh
Amendment bar. Id. at 5 (emphasis added).
Simply put, Mr. Pechas death moots his claims for prospective injunctive relief.
As a result, his estates interest in the retroactive payment of past benefits ancillary to the
entry of prospective injunctive relief cannot be awarded consistent with the Eleventh
Amendment. Id. (emphasis added).
Instead, his estates only remaining interest is in the award of ancillary relief in
the form of a retroactive payment of past benefits, which cannot be ordered without
running afoul of the Eleventh Amendment. Id. at 9 (emphasis added).
While Oklahoma state law may shed light on whether Mr. Pechas estate may or
may not have an action in state court in the wake of Mr. Pechas death, it is not
determinative of Eleventh Amendment limitations on the District Court to grant
retroactive relief in this case. Id. at 1011 n.9 (emphasis added).
Without the possibility of prospective relief, Mr. Pechas estates remaining
interest in this litigation is indistinguishable from a claim for retroactive monetary
reliefi.e., damagesand is barred by the Eleventh Amendment. Id. at 11 (emphasis
added).
Because Mr. Pechas estates only interest at this stage is in the retroactive award
of past Medicaid benefits, and because such relief must be tied to an award of prospective
injunctive relief that can no longer be granted in this case, the District Court properly
dismissed the Amended Complaint. Id. (emphasis added).
Only if this Court first decides that the case was improperly dismissed and
remands the case to the District Court, and if the District Court then finds in Mr. Pechas
favor on the issue of liability, and if the District Court then enters an order compelling
DHS and OHCA to pay Mr. Pechas estate retroactive benefits, will the issue be one ripe
for consideration by this Court on appeal. Id. at 1314 (emphasis added) (emphasis in
original omitted).
appeal. The equities here are much more favorable to Mr. Pechas estate, because it did
everything it should have in district court, and the matter should have been properly dealt
with there. Our substitution of parties would create zero unfair prejudice to the
Instead of proceeding in that manner, the majority opinion conduct[s] [its]
analysis as though Mr. Pecha were the sole plaintiff before us. O&J at 5. It notes that
the defendants have not questioned Ms. Pecha-Webers authority to proceed as the
attorney-in-fact of Mr. Pecha. I am confused by what that means, because the majority
does not explain how a deceased person can be represented by counsel or can be a party
and, if so, what sort of relief can be granted to a deceased person (as opposed to the
decedents estate). In particular, the majority opinion states that it will not ruminate or
opine on whether the outcome would have been different if Mr. Pecha's estate (with Ms.
Pecha-Weber as personal representative) was the plaintiff-appellant. O&J at 6 n.4. But
it does not suggest what might be different if the estate were the appellant. We are just
left with a hint that somehow the result might change if, in future cases, there was a
substitution of parties.
As support for proceeding as it does, the majority cites the Second Circuit opinion
in Bush v. Remington Rand, 213 F.2d 456 (2d Cir. 1954). The majority reads that
opinion as concluding that the defendant, by its long delay in raising the issue, had
waived its right to object to failure to substitute in the district court a proper party-
plaintiff upon plaintiffs death. O&J at 5 (quoting Bush, 213 F.2d at 464). The
majoritys statement is essentially correct. But it ignores what happened in that case as
the result of the waiver. The defendant-appellant had sought to dismiss the claims
against it because the estate had not been substituted for the decedent within the two-year
time limit of the then-current version of Rule 25. See Bush, 213 F.2d at 463. What was
waived was the right to obtain a dismissal. The waiver did not lead the Bush court to
somehow treat the decedent as a party, which is what the majority does here. Rather,
Bush ruled that as a result of the waiver, the district court had proceeded properly by,
among other things, adding the administratrix of the estate as a party. See id. at 464. The
circuit court then resolved the case just as if the proper parties had been substituted all
along. We should do the same.
In contrast to the length of the above preliminary material, the merits of the
mootness issue can be dealt with briefly. In deciding whether a case is moot, the crucial
question is whether granting a present determination of the issues offered will have some
effect in the real world. Kan. Judicial Review v. Stout, 562 F.3d 1240, 1246 (10th Cir.
2009) (brackets, ellipsis, and internal quotation marks omitted); see also Phelps v.
Hamilton, 122 F.3d 885, 891 (10th Cir. 1997) (inability to grant effective relief
renders . . . issue moot). Appellant concedes that no future Medicaid benefits can be
due. But she asserts that the case is not moot because of the prospect of receiving past
benefits, which would be relief ancillary to a court order requiring that Mr. Pechas
Medicaid application be approved.
If this proceeding were in state court, this argument might well be correct. In
federal court, however, an award of past benefits is barred by the Eleventh Amendment
absent any continuing violation of federal law justifying injunctive relief. The doctrine is
explained in Green v. Mansour, 474 U.S. 64 (1985), where the Supreme Court considered
two consolidated class actions challenging Michigans denial of benefits under the
federal Aid to Families With Dependent Children (AFDC) program. One suit
complained that the State was not deducting child-care expenses in computing a potential
beneficiarys income. The other complained that the State included stepparent income in
the computation. After the suits were brought, federal law was changed to allow
deductions for child-care expenses and to require inclusion of stepparent income. See id.
at 6667. The State thereafter clearly complied with federal law, so the district court
vacated its preliminary injunction. It then dismissed the cases as moot although the
plaintiffs had pending claims (1) for declarations that Michigan officials had improperly
denied benefits in the past and (2) for notice relief, requiring state officials to provide
notices to AFDC applicants informing them that state administrative procedures were
available to determine whether they were eligible for past benefits. See id. The Supreme
Court held that the dismissal was correct.
The Court noted that since Ex parte Young, 209 U.S. 123 (1908), it had held that
the Eleventh Amendment does not prevent federal courts from granting prospective
injunctive relief to prevent a continuing violation of federal law. 474 U.S. at 68. On the
other hand, retrospective relief is not permissible. See id. The Court recognized that it
had permitted declaratory relief complementing a permanent injunction against current
violations of federal law; but in that circumstance the declaratory judgment had no legal
effect beyond that of the injunction. See id. at 6970 & n.1. Absent any ground for a
continuing injunction, however, a declaratory judgment would be barred by the
Constitution. The Court explained that issuing a declaratory judgment would be
tantamount to granting retrospective relief because its sole purpose would be to bind a
state court under preclusion principles:
There is a dispute about the lawfulness of respondent's past actions, but the
Eleventh Amendment would prohibit the award of money damages or restitution if
that dispute were resolved in favor of petitioners. We think that the award of a
declaratory judgment in this situation would be useful in resolving the dispute
over the past lawfulness of respondent's action only if it might be offered in state-
court proceedings as res judicata on the issue of liability, leaving to the state
courts only a form of accounting proceeding whereby damages or restitution
would be computed. But the issuance of a declaratory judgment in these
circumstances would have much the same effect as a full-fledged award of
damages or restitution by the federal court, the latter kinds of relief being of
course prohibited by the Eleventh Amendment. . . . [A] declaratory judgment is
not available when the result would be a partial end run around our decision
[barring a federal district court from ordering retroactive benefits].
Id. at 73 (emphasis added).2
Although the issue in our case is not the propriety of a declaratory judgment, the
governing doctrine is clear. I see no way that the grant of any relief here could avoid the
prohibition of Green. Because Mr. Pecha has died there could be no continuing violation
of federal law with respect to his benefits. If, as Appellant seems to argue, the continuing
refusal to pay past benefits constitutes a continuing violation that can be corrected, then
the Eleventh Amendment bar on retrospective relief would be an illusion. Every failure
to pay retrospective damages could be characterized as a continuing failure to do what is
Notice relief was also unavailable. The Court acknowledged that a request for a
limited notice order will escape the Eleventh Amendment bar if the notice is ancillary to
the grant of some other appropriate relief that can be noticed. Id. at 71. But in that
case there was no continuing violation of federal law to enjoin, so an injunction [was]
not available. Id. Therefore, notice [could not] be justified as a mere case-management
device that is ancillary to a judgment awarding valid prospective relief. Id.
right. The injunction sought hererequiring the defendants to certify a deceased man as
eligible for benefitscan have no effect on future benefits. What is desired by an order
requiring the defendants to certify Mr. Pechas Medicaid eligibility is, in essence, a
federal-court judgment that might be offered in state-court proceedings as res judicata
on the issue of liability, leaving to the state courts only a form of accounting proceeding
whereby damages or restitution would be computed. Id. But that is barred by the
Eleventh Amendment because it would have much the same effect as a full-fledged
award of damages or restitution by the federal court. Id.; see Tarrant Regl Water Dist.
v. Sevenoaks, 545 F.3d 906, 911 (10th Cir. 2008) ([W]hen the requested relief is akin to
a retrospective damages award, Ex Parte Young is inapplicable and the Eleventh
Amendment prohibits the federal suit.).
Thus, even if Mr. Pechas estate is substituted as the plaintiff, no relief is available
in federal court (regardless of whether Mr. Pecha was Medicaid eligible) so the case is
moot. I therefore concur in the result.
Unfortunately, the majority opinion is not being published. I would think that it
merits publication under 10 Cir. R. 36.2 because the manner of disposition of this case is
apparently unprecedented.
Mootness
Declaratory Judgment
Injunction
Law Of The United States
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Washington, D.C. — As the White House notified Congress of its plans to sign a renegotiated version of the North American Free Trade Agreement (NAFTA), the United States' largest coalition of labor, environmental, family farm, faith and consumer organizations working together to improve trade policy said more work is needed if the pact is to benefit working people and pass Congress with bipartisan support.
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"While the various advisory committees have some information, the secretive process that the administration has chosen to employ in the negotiations obviously makes it difficult for the public to know what has and hasn't been agreed upon thus far in other important areas, including access to medicine, food safety and more. The administration should release all texts from these negotiations for public review immediately. People have a right to know what has been proposed in their names, and to weigh in on any issues that are not yet settled.


Nyíregyháza is the county seat and largest city in Szabolcs-Szatmár-Bereg county in Eastern Hungary. Some of the most popular attractions can be found north of the city in the suburb of Sóstó. The city is mostly looked over by American and British tourists, though often visited by Polish, Ukranian, Romanian, and certainly Hungarian visitors.
Trains leave from both the Budapest Nyugati and Keleti stations several times a day. It is recommended to take one of the many InterCity trains, as the journey will take approximately three hours. You will have to pay an additional fee for your seat reservation (automatically issued at the ticket counter), but the limited seats may disappear quickly, especially on weekends when many students are travelling to and from the capital. InterCity trains run either through Debrecen or Miskolc.
If you choose not to take an InterCity, the journey will last closer to four hours as the train makes more stops. The train also will likely be less clean and less comfortable.
As of August 2007 the M3 motorway will connect Nyíregyháza directly to Budapest. Otherwise from Polgár take route 36. From Miskolc take #37 to #38. From Debrecen take route #4.
The train station is located about 15-20 minute walk outside of the town center. Szabolcs Volán  runs bus service throughout the city and to small villages in the region as well. Nearly all the buses from the train station (except #6 and #16) run through the city center. If going to Sóstó, Bus #8 (but not #8A) leaves from the train station and town center.
All tickets can be bought from any newspaper kiosk or from the driver at an additional cost.
Another option for going to Sóstó from the train station is to take the narrow-gauge train departing from in front of the train station. This train is something like commuter rail to Sóstó, however, it doesn't run nearly as frequently as the buses.
The city itself is mostly devoid of must-see attractions, though you can take many pleasant walks with the squares and parks or see an exhibit or two. You will most likely want to spend most of your time in Sóstó to see the excellent Open Air Museum and the lake.
Sóstói Múzeumfalu (Open Air Museum of Sóstó)  is located in the suburb of Nyíregyháza - Sóstó on Tölgyes utca 1. It wonderfully preserves the architecture and customs of rural life in the region from a hundred years ago. The museum also often holds festivals and events where visitors can step back in time and experience life the way it used to be.
Jósa András Múzeum  on Benczúr tér 21. is the city's main museum and houses several permanent exhibits and occasional temporary ones. The permanent collection includes exhibits on local painter Gyula Benczúr, the life and works of local author Gyula Krúdy, the life of the museum founder Jósa András, the history of Nyíregyháza until World War I, the Hungarian calvary or huszárs, and the history of money.
Görög Katolikus Egyházművészeti Gyűjtemény (Greek Catholic Art Collection) [] on Bethlen Gábor utca 5. contains artistic relics of the Hungarian Greek Catholic church dating back as far as the 16th century.
Felső-Tisza-vidéki Vízügyi Történeti Gyűjtemény (Water Supply Historical Collection of the Upper-Tiszanian Region)  on Móricz Zsigmond utca 48. contains items, photos, and portraits relating to water engineering in the county for the past 100 years.
Kállay Gyűjtemény (Kállay Collection) on Széchenyi utca 1. contains items relating to and owned by former prime minister Miklós Kállay.
Nyíregyháza has long been a city of religious diversity and five different religions are represented in the downtown.
Greek Catholic Church on Bethlen Gábor u.
Orthodox Synagogue on Sip u. is currently not used, though recently restored and can be visited.
Nyírségi Ősz- és Gyümölcskarnevál (Nyírség Autumn and Fruit Carnival) September is the best time to visit the city as the first weekend kicks off the Autumn and Fruit Carnival. Parade floats are made entirely out of fruits grown in the region. Besides the parades, free concerts are held in Kossuth square.
Thanks mostly to Sóstó (which is Hungarian for "Salt Lake"), Nyíregyháza has many opportunities to spend time in the water, for recreation or health.
Élményfürdő  (Aquapark) is a recently completed waterpark in Sóstó. It's divided into three "worlds": thermal world, which is like a traditional bathhouse; fun world, which has slides and wave pools; and children's world, designed for little children.
Parkfürdő  (Park Baths) located on Bernát u. 1-3. in Sóstó is a small waterpark with 7 pools, a giant slide, a mini-golf course, and nudist bathing (only on the female side).
Sóstó fürdőház (Sóstó bathhouse)  contains 2 mineral pools ideal for relaxing in, a jacuzzi, and a sauna. Certainly the most expensive of all the places in town as tickets currently start at 1,990 Ft for an adult day ticket.
Tófürdő  (Lakeside Baths) are situated on the southern side of Sóstó lake and are your only chance to swim in the lake itself. Only open from July to August.
Júlia Fürdő  is the only bathhouse in Nyíregyháza proper on Malom u. 19. It is cheaper than the ones in Sóstó, and as such tends to be a bit more crowded. As a plus, there is a large pool specifically for swimming and not just sitting, as well as a warm thermal pool outdoors. The steam room is included in the admission, but you have to pay extra to use the sauna.
Nyíregyházi Állatpark (Nyíregyházi Zoo)  is located near the #8 bus stop in Sóstó and is considered one of the best zoos in the country behind the zoo in Budapest. The zoo has a wide variety of animals from all the regions of the world, including Africa (lions, giraffes, elephants), North America (buffalo, cougars, raccoons), and the Arctic and Antarctic (polar bears, penguins).
Flea Markets there is the Piac (Market) located downtown and open daily, but the real show is every weekend by the airport. Take bus #1 and you can't miss it, hundreds of stalls selling all sorts of items, mostly of Chinese origin. This market is often frequented by Ukranians and Romanians, which only adds the adventure.
Móricz Zsigmond Színház  on Bessenyei tér 13. is the town theater. Plays are frequently performed here in Hungarian.
Nyíregyháza Spartacus  is the local soccer team nicknamed "Szpari." They play in the city stadium, just north of the downtown and easily reached by either bus #8 or #8A. The team currently plays in the NB I, Hungary's top professional league.
Nyírplaza  on Szegfű u. 75 is a small shopping mall outside the city center (directly accessible only by the infrequent #11 bus or walking) and contains various shops, a food court, a bowling alley, and a multiplex movie theater .
As with all of Hungary, expect to find lots of places to eat a gyros. However, in the Nyíregyháza region you shouldn't expect the gyros to be served in a pita. It is always served inside a large hot dog bun with chicken meat.
Anno 1366 Kozepkori Etterem on Damjanich utca 6, not far from the train station, is a medieval times themed restaurant with a good variety of old-style Hungarian food. As a bonus, many foods are served to you on a sword.
John Bull Pub on Dózsa György u. 1., across the street from City Hall has a fantastic selection of Hungarian food and beer. Surprisingly, locals rarely come here and the restaurant is mostly frequented by foreign businessmen.
Rolling Rock Cafe on Luther utca 5, features both American and Hungarian food. The place gets crowded quickly--especially on the weekend--so reservations may be in order. Expect live music on weekends as well.
Royal Etterem es Pizzeria on Zrínyi Ilona utca 1 has an excellent location just off Kossuth square. They serve a large variety of pizza and pasta, but be warned: Ketchup is frequently substituted for tomato sauce.
Korona Hotel  is situated in the centre of the city became famous among tourists aiming to visit the eastern part of the country, and among the more and more numerous internal and foreign businessmen.
The city has direct international service to Kiev, Lviv, and Moscow. The night train to all three departs Nyíregyháza at 9:38pm.
Debrecen, the second largest city in the country is located just south of the city.
Tokaj, Hungary's most famous wine region.
Miskolc, the third largest city in Hungary located near the Bükk hills.
Mátészalka, the second-largest town in the county famous for its early 20th century Jewish history and its vibrant flea-market.
This page was last edited on 10 December 2015, at 11:24.


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Home /Celebrity
'America's Got Talent' Investigation Into Gabrielle Union Firing Could Change Season 15
by Fred Topel twitter facebook linkedin | More Articles: Celebrity
Gabrielle Union's departure from America's Got Talent became a much bigger story when Variety reported that Union had spoken out about racism and sexism behind the scenes of the show. NBC is currently involved in an investigation of the incident which could lead to changes behind the scenes of AGT before season 15 begins.
Gabriel Union | Jon Kopaloff/FilmMagic
NBC Entertainment Chairman Paul Talegdy spoke with the Television Critics Association today. He gave an update on the America's Got Talent investigation to the best of his ability and revealed when he expects the results.
Gabrielle Union responds to NBC's 'America's Got Talent' investigation
When news broke that Gabrielle Union had spoken out against a toxic workplace, celebrities including Patricia Arquette, Jameela Jamil, Ariana Grande, Ellen Pompeo, Lin-Manuel Miranda, Yara Shahidi, Olivia Munn and Debra Messing supported her. She thanked them all in a Thanksgiving tweet.
So many tears, so much gratitude. THANK YOU! Just when you feel lost, adrift, alone… you got me up off the ground. Humbled and thankful, forever ❤
— Gabrielle Union (@itsgabrielleu) November 28, 2019
NBC reached out to Union's representatives to discuss, and Union shared Joelle Monique's tweet defining a "solid apology"
This! This! AND THIIISSSSSSS!!!!!! https://t.co/RCrtKtkQ4L
— Gabrielle Union (@itsgabrielleu) December 1, 2019
Talegdy indicated he is open to improving America's Got Talent based on Gabrielle Union's comments.
"That also goes to the heart of who we are as a group of people and what we do as a business," Talegdy said. "In 14, 15, 21 seasons of SVU, 15 seasons of AGT, the duration long term of a brand comes with the ebbs and flows of who comes, who goes. We proudly embrace making shows better. What we also proudly embrace at NBC Entertainment is the notion that we could always be a better workplace."
The investigation will lead to new practices
Talegdy acknowledged that he was in the middle of the investigation and lawyers had advised him not to comment on the ongoing investigation.
"What we are is in the middle of an investigation," Talegdy said. "That's really serious. I can't deny it. I've never had one before. That's being handled by lawyers. So I can't say anything else while we do this very serious investigation."
Dwayne Wade and Gabrielle Union | Donato Sardella/Getty Images for Saint Laurent
Talegdy indicated that what they learn about Gabrielle Union's experience would lead to changes, even if he could .
"I'm very confident that if we learn something, because we're all lifelong learners, we will put new practices in place if necessary," Talegdy said. "We certainly take anyone's critique of what it means to come to work here incredibly seriously."
The investigation into Gabrielle Union's 'America's Got Talent' experience is almost over
NBC launched the investigation on December 4 following SAG/AFTRA's investigation into Gabrielle Union's America's Got Talent experience. NBC's investigation should conclude before February.
"I've been told by the end of January," Talegdy said. "I think obviously what we can say at the end of all that will be subject to, again, the advice I take from smart people who finished school. I'm very, very transparent and we want to always go after the truth. That's our culture here. It's almost challenging at times. We'll be back. I promise you this is being taken very seriously. I've been told next couple weeks, by the end of January."
Would NBC work with Gabrielle Union again?
One reporter asked Talegdy if the network would work with Gabrielle Union again. That would assume Union would want to after having a negative experience compounded by an unceremonious firing. Talegdy could not comment on that.
"Again, I feel like what I would say authentically is I can't say anything that could impact on an investigation and people are talking to each other," Talegdy said. "That's not no comment. I'm candid to a fault. I just can't talk about it."
Tags:Americas Got Talent Gabrielle Union

redpajama_set_name: RedPajamaCommonCrawl


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Posted on May 1, 2019 by ladylavinia1932
1. "Homefront" (1991-1993) – Lynn Marie Latham and Bernard Lechowick created this award-winning series about the residents of a small Ohio town in post-World War II.
2. "Mob City" (2013) – Jon Bernthal starred in this six-part limited series that was inspired by John Buntin's book, "L.A. Noir: The Struggle for the Soul of America's Most Seductive City". Co-starring Alexa Davalos and Milo Ventimiglia, the series was created by Frank Darabont.
3. "Agent Carter" (2015-2016) – Hayley Atwell starred as Margaret "Peggy" Carter, an agent with the Strategic Scientific Reserve (SSR) in the post-World War II Manhattan. Created by Christopher Markus and Stephen McFeely, the MCU series co-starred James D'Arcy and Enver Gjokaj.
4a. "Band of Brothers" (2001) – Steven Spielberg and Tom Hanks produced this outstanding television miniseries about the history of a U.S. Army paratrooper company – "Easy Company" – during the war. Damian Lewis and Ron Livingston starred. (tie)
4b. "The Pacific" (2010) – Spielberg and Hanks struck gold again in this equally superb television miniseries about the experiences of three U.S. Marines – John Basilone, Robert Leckie and Eugene Sledge – in the war's Pacific Theater. James Badge Dale, Joseph Mazzello and Jon Seda starred. (tie)
5. "Manhattan" (2014-2015) – Sam Shaw created this series about the creation of the first two atomic bombs at Los Alamitos, New Mexico. The series starred John Benjamin Hickey.
6. "The Winds of War" (1983) – Dan Curtis produced and directed this television adaptation of Herman Wouk's 1971 novel. The seven-part miniseries starred Robert Mitchum, Ali McGraw and Jan-Michael Vincent.
7. "Pearl" (1978) – Stirling Silliphant wrote this three-part miniseries about a group of men and women who experienced the attack on Pearl Harbor in December 1941. Angie Dickinson, Robert Wagner, Lesley-Ann Warren and Dennis Weaver starred.
8. "The Jewel in the Crown" (1984) – The ITV aired this award winning television adaptation of Paul Scott's "Raj Quartet"novels (1965–75) about the end of the British Raj in India. The fourteen-part miniseries starred Art Malik, Geraldine James, Charles Dance and Tim Pigott-Smith.
9. "Foyle's War" (2002-2015) – Anthony Horowitz created this television crime drama about a British police detective during World War II. The series starred Michael Kitchen, Honeysuckle Weeks and Anthony Howell.
10. "RKO 281" (1999) – Liev Schreiber starred as Orson Welles in this 1999 television adaptation of 1996 documentary called "The Battle Over Citizen Kane". The television movie also starred John Malkovich, Roy Schneider, James Cromwell and Melanie Griffith.
Filed under: Book Review, Essay, History, Television | Tagged: agent carter, alexa davalos, alexandra wilson, ali mcgraw, allan cuthbertson, andrew duggan, anthony howell, art malik, ashley zuckerman, ashton holmes, band of brothers, ben murphy, brenda blethyn, brian dennehy, charles dance, christopher denham, damian lewis, daniel stern, david dukes, david harbour, david newsom, david suchet, dennis weaver, dexter fletcher, dick anthony williams, early 20th century, edward burns, eion bailey, ernie hudson, fiona shaw, geraldine james, german reich, giuliana santini, gregg henry, harry lloyd, harry o'reilly, hattie winston, history, honeysuckle weeks, iddo goldberg, jacob pitts, james badge dale, james cromwell, jan-michael vincent, jeffrey de munn, jeremy kemp, jessica steen, john benjamin hickey, john houseman, john malkovich, john slattery, jon bernthal, jon seda, joseph mazzello, josh helman, katja herbers, keith nobb, kelly rutherford, ken jenkins, kyle chandler, lawrence pressman, lesley ann warren, liam cunningham, liev schreiber, lisa eilbacher, literary, mamie gummer, marc warren, mark moses, martin mcgann, mary crosby, matthew settle, melanie griffith, michael chernus, michael fassbender, michael kitchen, mimi kennedy, montrose hagins, movies, neal mcdonough, nicholas farrell, old hollywood, olivia williams, peter graves, peter stormare, politics, polly bergen, rachel brosnahan, ralph bellamy, rami malek, religion, richard anderson, richard schiff, rick warden, robert knepper, robert mitchum, robert wagner, robin laing, ron livingston, ron rifkin, roy schneider, saeed jaffrey, sammi davis, simon pegg, soviet bloc, sterling mercer, stuart wilson, susan woolridge, tammy lauren, television, tim pigott-smith, topol, travel, victoria tennant, warren clarke, wendy morgan, wendy phillips, william camp, william petersen, william wyler, world war 2 |	Leave a comment »
Top Ten Favorite Television Productions Set in the 1960s
Posted on February 7, 2018 by ladylavinia1932
1. "Mad Men" (2007-2015) – Matthew Weiner created this award-winning series about the professional and personal life of an advertising executive during the 1960s. Jon Hamm starred.
2. "Kennedy" (1983) – Martin Sheen, Blair Brown and John Shea starred in this seven-part miniseries about the presidency of John F. Kennedy. The miniseries was written by Reg Gadney and directed by Jim Goddard.
3. "Tour of Duty" (1987-1990) – Steve Duncan and L. Travis Clark created this television series about an U.S. Army infantry platoon during the Vietnam War in the late 1960s. Terence Knox and Stephen Caffrey starred.
4. "Pan Am" (2011-2012) – Jack Orman created this series about the lives of four Pan Am stewardesses and two pilots during the early 1960s. The series starred Kelli Garner, Margot Robbie, Karine Vanasse, Mike Vogel, Michael Mosley and Christina Ricci.
5. "Vegas" (2012-2013) – Nicholas Pileggi and Greg Walker created this series about the conflict between Las Vegas Sheriff Ralph Lamb and a Chicago mobster named Vincent Savino. Dennis Quaid and Michael Chiklis starred.
6. "The Astronaut Wives Club" (2015) – Stephanie Savage produced this adaptation of Lily Kopel's 2013 book about the wives of the Mercury Seven astronauts. The cast included Joanna García Swisher, Yvonne Strahovski and Dominique McElligott.
7. "The Kennedys" (2011) – Jon Cassar directed this award winning miniseries that chronicled the lives of the Kennedy family between the 1940s and the 1960s. Greg Kinnear, Katie Holmes, Barry Pepper, Diana Hardcastle and Tom Wilkinson starred.
8. "Crime Story" (1986-1988) – Chuck Adamson and Gustave Reininger created this television series about the bitter conflict between a Chicago police lieutenant and a mobster in the mid 1960s. Dennis Farina and Anthony Denison starred.
9. "Path to War" (2002) – John Frankenheimer directed this HBO movie that dealt with the Vietnam War through the eyes of President Lyndon B. Johnson. Michael Gambon, Donald Sutherland and Alec Baldwin starred.
10. "Public Morals" (2015) – Edward Burns created and starred in this TNT limited series about police detectives who worked for the Public Morals Division of the New York City Police Department.
Filed under: Essay, History, Television | Tagged: aaron mccusker, aimee garcia, alec baldwin, alex poch-goldin, anthony denison, ashley greene, austin stowell, azure parsons, barry pepper, bay of pigs, bill campbell, bill smitrovich, blair brown, bret harrison, brian dennehy, bruce mcgill, bryan batt, caity lotz, carl weathers, carrie-anne moss, christina hendricks, christina ricci, christopher stanley, cliff de young, cold war, colin donnell, colin hanks, cuban missile crisis, david harbour, dennis farina, dennis quaid, desmond harrington, diana hardcastle, diana scarwid, dominque mcelligott, donald sutherland, e.g. marshall, early 20th century, edward burns, enver gjokaj, erin cummings, evan handler, frederic forrest, fredric lehene, gary sinese, geraldine fitzgerald, goran visnjic, greg kinnear, harris yulin, history, holley fain, james frain, james russo, january jones, jason o'hara, jason o'mara, jay o. sanders, jessica paré, joan chen, joanna garcia swisher, joel johnstone, john shea, john slattery, jonathan banks, joseph wiseman, karine vanasse, katie holmes, keith nobbs, kelli garner, kenneth mitchell, kim delaney, kristin booth, kyle chandler, lee majors, linda cardellini, mad men, margot robbie, martin sheen, matty ferraro, michael chiklis, michael gambon, michael ironside, michael mosley, michael o'neill, michael rappaport, michael reilly burke, michael wiseman, mid 20th century, miguel nunez jr., mike vogel, music, neal mcdonough, odette annable, old hollywood, p.j. marshall, peter gerety, politics, robert fuller, robert ito, robert knepper, robert morse, rosemarie dewitt, ruben santiago-hudson, sam reid, sarah jones, shawn doyle, stephen caffrey, stephen lang, talia balsam, taylor handley, television, terence knox, tom wilkinson, tony becker, travel, vietnam war, world war 2, yvonne strahovski, zoe boyle |	Leave a comment »
"MOB CITY" (2013): Episode Ranking
Below is my ranking of the TNT Network's 2013 six-episode limited series called "MOB CITY". Inspired by John Buntin's book, "L.A. Noir: The Struggle for the Soul of America's Most Seductive City", the miniseries was created by Frank Darabont and stars Jon Bernthal, Milo Ventimiglia, Neal McDonough and Alexa Davalos:
1. (1.06) "Stay Down" – With ex-wife Jasmine Fontaine safely out of Los Angeles, Los Angeles Police detective Joe Teague sets about making a deal with mobster Bugsy Siegel to guarantee her complete safety in this finale episode. Instead, events move toward an ending that proves to be as shocking as the beginning.
2. (1.03) "Red Light" – During a visit to Jasmine's apartment, Joe informs her that the L.A.P.D. knows about the pictures she took of Siegel's murder of Abe Greenberg on behalf of her current boyfriend, second-rate comedian Hecky Nash. This visit enables him to learn of mobster Sid Rothman's (a colleague of Siegel and Mickey Cohen) intent to bump off a potential witness to his murder of two Siegel soldiers.
3. (1.01) "A Guy Walks Into a Bar" – In this premiere episode, Joe accepts a commission to act as private bodyguard for Nash, who is blackmailing the mob with photos Siegel murdering Greenberg.
4. (1.05) "Oxpecker" – While Cohen and Rothman discovers that she is the photographer who had snapped the incriminating images of Siegel, Jasmine is forced to deal with Hecky's deadly partner in the blackmail scheme, Leslie Shermer. Meanwhile, the police's attempt to protect a witness against Rothman ends in violence and disaster, thanks to a mole within Captain William Parker's task force.
5. (1.02) "Reason to Kill a Man" – Following Hecky's death, Teague and the L.A.P.D. question Jasmine about his blackmail scheme against Siegel. Meanwhile, Rothman finds the two trigger men who had not only witnessed Greenberg's death, but also served as informants for the police. Also, Joe's fellow ex-Marine, attorney Ned Stax, warns him to get rid of incriminating evidence linking him to Jasmine.
6. (1.04) "His Banana Majesty" – Mobster Jack Dragna tries to shoehorn into Siegel's Los Angeles operations, while the latter is behind bars on suspicions of murder. And Joe is surprised by a visit to his apartment from Rothman.
Filed under: History, Television | Tagged: alexa davalos, daniel roebuck, early 20th century, edward burns, frank darabont, gordon clapp, gregory itzin, history, jack conley, jeffrey demunn, jeremy luke, jon bernthal, neal mcdonough, politics, richard brake, robert knepper, simon pegg, television |	Leave a comment »


Welcome to Inside Teaching. This website is designed to support a community of learning, which includes teachers, professional developers, and other educators interested in learning and in teaching. Visit collections of multimedia records of teaching practice. Learn from others'perspectives on using records of practice for teacher learning. Contribute your own teaching and learning experiences and browse materials and resources that reflect the larger context of the work featured here. This site itself is an environment of learning, a "living archive" that relies upon the contributions of visitors in order to grow and to thrive.
Previous releases covered topics such as the Canadian population, age, marital status, immigration, visible minorities, mode of transportation, language, the labour force, and housing and shelter costs.


Glitterati has teamed up with Disney to make a line of Disney Princess inspired prom dresses, and there are some really beautiful ones! And the price point isn't too steep — I think? What do prom dresses go for these days? Anyway, these are all obviously ~loosely~ inspired, and so I took my best guesses as to which princess (or witch!) they might be for, but let me know where I'm wrong. Because I know I'm wrong.


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Autumn-Winter 2021
Publications » REDWOODS
Why are prescribed fires a major tool for preventing forest blazes?
by Emily Harwitz on December 7, 2021
More than 4 million acres burned in California during the 2020 wildfires, the most in recorded history; the 2021 fire season was on track to match it as of press time.
5 drawings show epic forest restoration in Redwood National and State Parks
by Save the Redwoods League on December 7, 2021
The on-the-ground work of Redwoods Rising is complex, but these five illustrations sum it up.
Students blossom by learning outside
by Juliet Grable on December 7, 2021
As the pandemic destabilizes funding for outdoor programs nationwide, the League's free K-12 field trips to the redwoods nourish bodies and minds. Curriculum units combine classroom exercises, outdoor activities on schools' campuses, and field trips, while lessons integrate math, science, and art.
Governor signs critical wildfire bills
by Garrison Frost on December 7, 2021
As fires burned in 2021, many of these bills were delivered to Gov. Gavin Newsom's desk for his signature. He signed two bills that the League supported.
Let's Make Redwoods Reachable
by Syren Nagakyrie on December 7, 2021
Everyone has access needs, whether they are disabled or not. Lack of accessible infrastructure, limited information, and a culture of exclusion in the outdoors prevents so many people from connecting with natural spaces – places that they may find they have more in common with than they thought.
Bringing redwoods science into everyday conversations
Jorge Ramos, a new Councilor for Save the Redwoods League, aims to expand young people's understanding of carbon cycling and sequestration in ecosystems. "I look forward to working with the members of the League so we can all continue to protect and restore these forests through authentic and inclusive connections with the public."
5 League leaders share views on their teams' groundbreaking work
by Dana Poblete on December 7, 2021
Forever Forest: The Campaign for the Redwoods is making this ambitious vision a reality. With a goal of $120 million, the Campaign has already helped to protect the last of the unprotected old-growth coast redwood and giant sequoia forests
Re-emergence and hope
by Sam Hodder on December 7, 2021
The theme for this edition of Redwoods is Returning. We were hopeful that by now we'd be returning to some form of normalcy. We knew that would likely be a new normal, with the challenges we faced embedded in our hearts.
5 amazing places to stay in Redwood National and State Parks
Campgrounds and cabins in the land of giants Campgrounds and cabins in the land of giants There really isn't anything quite like camping among the tall trees, and Redwood National and State Parks offer great experiences for those wanting to …
10 must-see spots in Redwood National and State Parks
We hope the following pages are a helpful start as you plan your own trip to the heart of redwoods country.
9 tips for planning your visit to Redwood National and State Parks
Rangers offer vital info No one knows Redwood National and State Parks like the local rangers, who compiled these great tips for anyone visiting the area. Use the park app Park rangers created the National Park Service app that includes …
Secrets for the best visit to Fern Canyon
Crowding at this magical spot means visitors should plan carefully Undoubtedly, if you're planning a trip to Redwood National and State Parks you've put Fern Canyon in Prairie Creek Redwoods State Park near the top of the list of sights …
Hike Series Welcomes Members Back to Forests
by Georgia Young on December 7, 2021
Save the Redwoods League was pleased to welcome dozens of members of the Redwood Leadership Circle, Canopy Club, and Redwood Legacy Circle back into coast redwood and giant sequoia forests in 2021. Members protect our redwood forests for the future through their generosity today, and receive exclusive benefits, including invitations to events like these. Join us!


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Q: How to move product.info.mailto block in custom layout file in magento 2? In vendor file

\magento226\vendor\magento\module-catalog\view\frontend\layout\catalog_product_view.xml

I found
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Now I want to move product.info.mailto block in custom layout file and for that, I added this is in

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<move element="product.info.mailto" destination="product.info.main" after="-" />

parent theme is luma but its not working

redpajama_set_name: RedPajamaStackExchange


Welcome to the launch of EatWisconsin. I have been on hiatus, busy with the usual summer activities and house projects, but I am back, reinvigorated, and ready to post. On the day that I decided to get started up again, the Milwaukee Brewers and Klement's announced they are adding a 5th racing sausage at Miller Park. As the Journal announced "Chorizo, a tasty Mexican sausage, will join fellow meaty friends Hot Dog, Bratwurst, Polish and Italian as the newest member of the Klement's Famous Racing Sausages team." For years the sausages were the only thing worth cheering for at Brewer games. While the play on the field over the past year or so has produced some new excitement, the sausages get the crowd on their feet.
1. The Chorizo will win its inaugural race.
2. Right-wing talk show hosts and bloggers will say that this is being done for politically correct reasons because of the ongoing immigration debate.
3. I guarantee that there will be no fewer than 5 jokes by the same conservatives questioning whether the Chorizo is a legal resident or an illegal immigrant. That's just the kind of pricks they are. They are never happy unless they can paint things in racial terms.
4. How much do you want to bet that 75 percent of the fans at Miller Park will ask "What in the hell is a chorizo?" the first time the sausage lines up to race.
5. Chorizo goes great with Mussels. For an easy recipe sauté a couple of chopped shallots, a chopped jalapeno, and some chorizo. Add a can of chopped tomatoes, a ½ bottle of Mexican beer, and a bunch of mussels. Cook until they open, salt and pepper to taste, garnish with some lime and chopped cilantro. Serve with crusty bread.
6. Does Miller Park even sell Chorizo? If not, they really should. Chorizo taco stand anyone?


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Lifting of Corporate Veil under the Companies Act, 2013
MNLU Mumbai's One Week Certificate Course on Trademark, Copyright & Design Protection; 18-23 Jan
Internship Alert: Journal for Law Students and Researchers (25 Jan – 25 Feb)
Call For Blogs: Centre ICT Law (CICTL), MNLU Mumbai: Accepting Rolling Submissions
2- Day Webinar Series On "Debating And Mooting" [Fee: 60/-] By JLSR : Register Now!
1st National Online Debate Competition By Jus Corpus & JLSR [Fee : 70/-] : Register Now!
Call for Chapters: Edited Book on Contemporary Issues in Law and Economics by Mr. Aayush Goyal [Cummins India Ltd.] – VidhiAagaz
Cheating under Indian Penal Code
Lex Pedia
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You are at:Home » Lex Pedia » Lex Articles » Lets talk about Mental Healthcare amidst Lockdown
Lets talk about Mental Healthcare amidst Lockdown
By Anjali Krishnan on	 Jun 22, 2020 Lex Articles, Lex Pedia
This post has been written by Anjali Krishnan, a 2nd year student pursuing B.B.A.,LL.B. from JEMTEC School of Law.
The ongoing pandemic is hitting life across the globe – toppling structures and economies globally. This blog highlights the Indian overview of the of the pandemic on the Mental healthcare amid nationwide lockdown. According to India's National Mental Health Survey 2015-16, 10.6 percent of India's 1.3 billion population suffers from mental health disorders. The report notes that 80 percent of such patients are not under medical treatment. Specifically, a societal stigma as a constraint delivering a big blow, jeopardizing prospectus of mental illness with the social and economic unrest of the economic sector. The Magnitude of the impact of a complete social and economic shutdown may not be easy to estimate arithmetically. According to recent CMIE data, the unemployment rate for the first week of April spiked to 23%. This scale of joblessness is the largest ever recorded, including even during the great depression. This article analysis the impact of nationwide lockdown in consonance with mental healthcare.
According to World Health Organization, who coined the definition of "health" in 1946 in their constitution[i] and introduced to the world the concept of it "as a state of complete physical, mental and social well- being and not merely the absence of disease or infirmity." The definition of health given by WHO was criticized due to its limitation of understanding and new definitions were coined which could cover all the dimensions of health. The reformative approach of the legislature in systematizing the mental healthcare sector of India has resulted in several changes in the society including the perspective of the people in acknowledging mental illness, providing the basic amenities necessary for attending the problem includes creating awareness amongst people, giving rights to patients to direct the way of treatment and the right to disclose their problems. Novel coronavirus may not be the only dangerous disease sweeping the globe — mental illness could also reach alarming levels during the coronavirus lockdown if not kept in check because India as a growing economy is facing a catastrophic rise in unemployment following the forced shutdown of businesses across the country to stop the spread of Covid-19 – and experts are warning it could trigger a severe mental health crisis. Those hardest hit are likely to be the poorest, including many people of color, and those who benefited least from the last economic boom But beyond the dollar signs, worriedness is floating over the long-term effects that being unemployed will have on India's mental health – a problem that will further highlight the cracks in the country's safety net and healthcare system.
A large body of scientific literature have reiterated that there's a close relationship between so-called macro-economic indicators, like unemployment and employment, and mental health and suicide. The effects of unemployment on mental health are long-lasting. An Association for Psychological Science study published in September 2019 found that those who experienced financial, housing or job-related hardship during the Great Recession and other economic downturns, which led a one-per-cent increase in the unemployment rate which resulted noxiously in a one-per-cent uptick in the rate of suicides because they were more likely to have depression, anxiety or substance abuse as many as three years after the recession[ii]. CRPD does not mention mental illness, it is likely to fall within the definition of "psychosocial disability" used by the Convention. Phrasing general principles of human rights, the UN-CRPD is completely applicable to the situation of people with mental illnesses as well as with other kinds of disabilities. Mental illness is not necessarily associated with disability; however, a clear distinction is not required since the UN-CRPD phrases principles which should be valid for all human beings, disabled or not[iii]. On this basis, the promotion, protection and restoration of mental health can be regarded as a vital concern of individuals, communities and societies throughout the world.[iv] The studies during the SARS epidemic expounds that quarantine has a serious effect on the mental health of health care workers. It predicted symptoms of acute stress disorder, depression, and alcohol abuse. Even three years later, quarantine was associated with post-traumatic stress symptoms, which were, again, more severe in health care workers. As a result, many experienced avoidance behaviors and sought to minimize contact with patients. Some didn't report back to work at all[v]. Some health care workers who are frontline warriors battling the pandemic are using words like betrayal and coercion and moral injury to describe this experience. They feel betrayed by their employers, the health care system, and the government, all of which were woefully unprepared for a pandemic. According to a study conducted by the National Institute of Mental Health and Neurosciences, India, in 2016, across 12 different states, the prevalence of depression for both current and lifetime is 2.7% and 5.2% respectively. Approximately 1 in 40 and 1 in 20 are suffering from past and current episodes of depression all over the country[vi].
As per article 39(f) which was added to the constitution through the 42nd amendment act, 1976 of Directive Principles of State Policy(DPSP) which reiterates that "children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment." Meaning thereby is to provide a sustainable living for the children of our nation. This refers to better integration of mental health care into primary care services, but also greater financial protection. International bodies have reiterated that the integration of mental health care in primary services is important in ensuring available, accessible, affordable, acceptable and accommodation services to people with mental health problems and their families. In Conclusion, Mental health issues can only be curbed by annihilating social stigma towards mental health as it's normal for people to be anxious and worried amid a highly disruptive health emergency that is shot through with uncertainties.
[i] United Nations Economic and Social Council, Constitution of World Health Organisation, Res. WHA26.37, WHA29.38, WHA39.6 and WHA51.23, Sess. 2, Off. Rec. Wld Hlth Org. 2/100, 1, (11/01/2020), available at: https://www.who.int/governance/eb/who_constitution_en.pdf
[ii] Lauran Aratani, Experts warn of mental health fallout from mass US unemployment, The Guardian (April 3, 2020), available at: https://www.theguardian.com/world/2020/apr/03/mental-health-coronavirus-mass-unemployment-us-experts
[iii] Teinert, C., Steinert, T., Flammer, E. et al. Impact of the UN convention on the rights of persons with disabilities (UN-CRPD) on mental health care research – a systematic review. BMC Psychiatry 16, 166 (2016). available at: https://doi.org/10.1186/s12888-016-0862-1
[iv] Mental health: strengthening our response, World Health Organisation available at https://www.who.int/news-room/fact-sheets/detail/mental-health-strengthening-our-response
[v] Jessica Gold, The Covid-19 crisis too few are talking about: health care workers' mental health, The Stat News. ( April 3, 2020), available at: https://www.statnews.com/2020/04/03/the-covid-19-crisis-too-few-are-talking-about-health-care-workers-mental-health/
[vi] R. S. Murthy; National Mental Health Survey of India 2015–2016, 59 Indian J Psychiatry 21–26 (2017), available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5419008/
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Whose genius in observing and interpreting detail -unnoticed by most- and whose indomitable courage accomplished the first successful lodge gold mining in this district. A man to whom difficulties acted only as a stimulant; to whom the impossible constituted a fascinating challenge, whose anxiety was to push on - and last words were things to come.
This cairn, constructed of the rocks he loved so well and containing his ashes. Erected by his friends and beneficiaries.


Born in 1908, second son of Albert H. Pye (c1871-1943) and Effie Charlotte Pye (c1874-1948) of Winnipeg, he taught in schools around Manitoba, including Prairie School (1940), and served as the Principal of Stuartburn School (1941-1943), Oak Bluff School (1943-1944), Poplar Heights School (1945), Lyleton School (1946-1947), and Dugald School (1948-1949). On 3 August 1935, he married fellow teacher Marion E. Todd at Westminster United Church. They had no children. He died at Selkirk on 13 December 1985 and was buried in the Goodlands Cemetery.
"Pye-Todd wedding took place Saturday," Winnipeg Tribune, 8 August 1935, page 7.
Obituary [Albert H. Pye], Winnipeg Tribune, 23 January 1943, page 20.
"Mrs. A. H. Pye dies at 74," Winnipeg Free Press, 27 July 1948, page 19.
Obituary, Winnipeg Free Press, 14 December 1985, page 65.
We thank John Moore and Nathan Kramer for providing additional information used here.


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President, Family Residences and Essential Enterprises, Inc.
Christopher Long, Ed.D, is the President of Family Residences and Essential Enterprises, Inc. (FREE), a not-for-profit agency that supports individuals of all abilities with community living opportunities, employment, day services, clinical, education and after-school support and other supports. Prior to joining FREE, for ten years, Dr. Long held multiple executive management positions at several not-for-profit health related and human service organization. Additionally, Dr. Long has a considerable amount of higher education teaching experience as adjunct faculty at St. Joseph's College in Patchogue, at Pace University, in New York City, Iona College in Westchester and Stony Brook University in Long Island, NY.


text:
ANALYSIS: Japan's mini-mills squeezed by higher costs
While most of Japan's mini-mill operators are seeing an improvement in their financial situation, their results for the fiscal first half of 2013-2014 fell short of those announced by the country's big three producers.
Paragraph entered by Atlantic migration, in order for SteelFirst articles to display correctly on Metal Bulletin.
Daido Steel, for example, saw its operating profit rise by 10% to ¥10.56 billion ($107.26 million) in the six months to September 30, and made a forecast of a 36.1% increase to ¥21 billion ($213 million) for the full financial year.
By contrast, Japan's largest steel producer, Nippon Steel and Sumitomo Metal Corp (NSSMC) is projecting its profits to shoot up by 340% over the same period.
Only one electric arc furnace (EAF) operator is projecting those kinds of returns. Sanyo Special Steel says that it expects its operating profit to rise by 381% to 7.3 billion ($74.1 million) and its net profit to rise by 744% to ¥4.3 billion ($43.67 million) during the year.
Although mini-mills say that they are benefiting from rising prices and higher demand for construction steel in particular, they also note that many infrastructure and civil engineering projects are being delayed due to a lack of skilled workers.
Moreover, while blast furnace operators have been enjoying lower coking coal and iron ore prices, EAF operators have had to put up with sharp increases in electricity costs due to the country's nuclear power plants being shut down.
Electric utilities in the north and west of the country raised their charges for industrial users by 8-9% in September, while Kansai Electric, which supplies power to the Osaka region, pushed up its prices by almost 10% in May.
In addition, they note, there has been a sharper-than-expected spike in their scrap costs since July.
"Although we had some success in raising our prices, scrap prices since July have risen above our assumptions. As a result, our results were lower than we had expected," according to Kyoei Steel, Japan's largest rebar producer. The company's operating profit decline by 81.6% to ¥417 million ($4.23 million).
In the first-half of 2013, scrap prices shot up by more than ¥3,000 ($29) per tonne, or 10.2%. By contrast, coking coal prices dropped by over 11% over the same period, supporting operating margins at blast furnace operators.
Moreover, while fourth-quarter coking coal prices have risen by $7 from the previous quarter, prices are still $20 lower than they were at the beginning of the fiscal year. Scrap prices, on the other hand, are now higher than they were at the start of the year.
While mini-mills say that demand is likely to pick up further in the fiscal second-half ending March 31, 2014, so will their input costs.
Already, scrap costs are up by more than 3% since the end of the first half, with few signs of weakening. Additionally, electric utilities are expected to push for further rate increases as they cope with spiralling energy import costs.
"Although demand will continue to be firm, labour shortages at construction sites, oversupply in China, the rise in raw material, fuel and other prices, as well as the significant increase in electricity prices nationwide means that a severe business environment continues," Aichi Steel said.
As a result, based on companies' earnings releases, Steel First estimates that the combined operating profit margins for the full year among the top seven EAF operators will decline to 3.4% from 3.5% in the first half. Net profit margins will be reduced to just 2.2% compared with 2.3% in the first half.
While NSSMC, JFE Holdings and Kobe Steel will also see their margins reduced for the full year, their economy of scale and lower operating costs is clearly mirrored in their significantly higher margins. In the first half, the three had a combined operating profit margin of 4.7% and a net profit margin of 3.8%.
For the full fiscal year, three will have enjoyed a net profit margin of 3.2%, while JFE and Kobe have an average operating margin of 4.5%. NSSMC has not released a forecast for full-year operating profits.


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Owen Wingrave at Guildhall School
Labels: opera review
Owen Wingrave was Benjamin Britten's penultimate opera, written in 1970 and receiving its first performance in a TV broadcast in 1971, going on to have its stage premiere in 1973. Something about the work's TV origins seems to have hung over the work and it only came back into prominence after Glyndebourne's performances (in 1995 by the touring opera and in 1997 at the main festival with Gerald Finley in the title role) proved it could work on stage. For the 2007 performances at the Covent Garden, David Matthews made a reduced orchestration, and it was this version which the Guildhall School of Music and Drama (GSMD) performed for their summer opera. We caught the second performance, on Friday 7 June, the first performance with the alternative cast. Kelly Robinson's production, designed by Madeleine Boyd is a co production with The Banff Centre in Canada. Dominic Wheeler, GSMD's Head of Opera Studies, conducted.
The theatre at GSMD was reconfigured, so that the audience sat in two banks facing each other along the long sides of the auditorium, with the orchestra at one end and the acting area down the middle of the room. There was a raised podium which led to steps at the end of the room, with the acting area being set with various pieces of furniture place by supers dressed as 21st century soldiers.
The modern setting was emphasised at the opening with a video of soldiers in Afghanistan. Throughout the opera, video was used extensively, partly to give a military context but there was also atmospheric film of the Wingrave boy and his father who haunt Paramore. Paramore was evoked via a black and white image at the top of the steps at the end of the room, and with a series of picture frames which were hung from the ceiling.
This setting, whilst giving a large and flexible acting area, led to two problems. The first was the the atmosphere of Paramore was just not evoked sufficiently, it wasn't the overpowering presence that it needs to be. It did not help that the odd pieces of furniture used did not seem to belong to a grand Victorian house. The picture frames, being suspended rather too high above the acting area, seemed like more of an afterthought than a central part of the design.
The second, more serious problem, was that with the singers moving around the stage meant that diction was often a problem. The text of the opera is very important, Britten set it as continuous dialogue using the orchestra to provide pauses and comment. But it is difficult for a singer to make the text really count if they have their back to the audience. Robinson's production did try to address this by having the singers move a lot, so that they were not constantly with their back's to one part of the audience. But something was lacking.
For this reason perhaps, the first act never quite took off. The performances had some good moments but overall the drama seemed to lack focus. I am not convinced that the contemporary updating helped the piece, the attitudes displayed by the Wingrave family did not really ring true in the modern world and the ubiquity of the soldiers (who changed the sets and acted as servants at Paramore) seemed a desperate measure.
It was only in the second half, with the series of set pieces that the drama seemed to pull together, but even then the ending lacked something of the necessary chill factor. The rationale behind the rather awkward set became apparent at the end, when the image of Paramore at the end of the room was raised to reveal Owen in death within a huge picture frame.
Piran Legg was a personable and attractive Owen, singing the role quite beautifully. But his performance lacked the intensity which holds the work together. It needs a great singing actor in the title role to focus the piece, and Legg isn't that, yet. That said, his was an impressive achievement and he held our attention.
Roisin Walsh made a highly vivid Miss Wingrave, displaying the strongest personality in the cast. Gerard Schneider made and impressive General Sir Philip Wingrave, singing his Wingrave boy solo quite beautifully. Anna Gillingham was a nicely neurotic Mrs Julian with Marta Fontanals-Simmons as a very attractive Kate. Most of the family are unlikeable and Kate is perhaps the worst, I felt that Fontanals-Simmons did slightly blunt the edge of her character.
Szymon Wach's rather accented English rather counted against him, but he overcame this to make an impressive Spencer Coyle, bringing out the character's conflicted nature. Coyle's wife is the most sympathetic character in the opera so in that sense, Samantha Crawford's job was easier than some of the other singers. But nonetheless Crawford impressed considerably, creating a fully rounded character and she is a singer I would like to hear a lot more of. Adam Smith was an admirable Lechmere, everything that Owen was not. Smith made him rather dim, but anxious and personable.
The orchestra, playing under Dominic Wheeler, were in impressive form bringing out the felicities in Britten's orchestration and contributing some fine solo items.
The director, Kelly Robinson, is the Director of Theatre Arts at The Banff Centre. Owen Wingrave is a flawed piece and Robinson seems to have been conscious of Owen Wingrave difficulty. Unfortunately his solutions do not seem to have enabled the students to bring out the best in the piece.
Viktoria Mullova in Bach Concertos - CD review
Cav and Pag at Opera Holland Park
An encounter with Opera Holland Park's James Clutton
Lohengrin at WNO
Sometime I Sing - voice & guitar - CD review
Launch of the Gresham Centre
Tallis Scholars at Choral at Cadogan
Stephen McNeff - Orchestral works - CD review
Posted by Unknown at Saturday, June 08, 2013
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Clarifying Tchaikovsky's First Piano Concerto
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The Ring summarised in verse
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Your chance to sing Venetian Vespers
Troy Story
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Rosenblatt on TV
Poulenc's Carmelites at Grange Park Opera.
These New Puritans - Field of Reeds
Around Ariadne
ETO Autumn Season
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Nimrod Borenstein premieres
Summer Music Academy at the Royal Military School
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text:
Remembering Lincoln's 'Undying Words'
Lincoln Presidential Library, Chicago History Museum join forces for exhibition on Lincoln's greatest years
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[November 17, 2014] SPRINGFIELD – Abraham Lincoln uttered some of the most famous words in history. He spoke out against slavery, urged his countrymen to reject war and defended "government of the people, by the people, for the people."
Now those words are the focus of a major new exhibition presented at the Abraham Lincoln Presidential Library and Museum and mounted in cooperation with the Chicago History Museum. The exhibition commemorates the 150th anniversary of the Civil War's end and Lincoln's death.
"Undying Words: Lincoln 1858-1865" opens Nov. 22 at the Abraham Lincoln Presidential Library and Museum in Springfield, Ill., and runs throughout 2015. It is presented with the assistance of Archer Daniels Midland Co.
Visitors will see more than 120 documents and artifacts related to Lincoln and his biggest speeches. The items on display include a copy of the constitutional amendment ending slavery, the bloody gloves Lincoln carried when he was shot, a carriage used by the president and his wife in Washington and the bed where Lincoln died after lingering for nine hours.
"Undying Words" is part of the Abraham Lincoln Presidential Library and Museum's celebration of its 10th birthday. More than 3.6 million people have visited the ALPLM over that time.
"The staff of the library and museum are honored that people have responded so enthusiastically to our efforts to tell the Abraham Lincoln story. We wanted to thank them – and to honor Lincoln – with an exhibition worthy of his impact on history," said Amy Martin, director of the Illinois Historic Preservation Agency, which operates the presidential library.
Gary T. Johnson, president of the Chicago History Museum, said: "We are delighted to have contributed to this exhibition, which explores Lincoln's ideas through five key speeches made during the most critical chapter in our nation's history. Today, those speeches continue to challenge and inspire people everywhere."
FIVE SPEECHES
The heart of "Undying Words" are five momentous Lincoln speeches: his "House Divided" speech of 1858, his First Inaugural Address in 1861, the 1863 Gettysburg Address, his 1865 Second Inaugural and his final speech, on Reconstruction, given just three days before his assassination.
Historic phrases from those speeches are familiar to almost everyone.
"I believe this government cannot endure, permanently half slave and half free," Lincoln said in 1858. And when he was sworn in as president, he pleaded, "We are not enemies, but friends. We must not be enemies." Four bloody years later, he said, "Fondly do we hope—fervently do we pray—that this mighty scourge of war may speedily pass away."
The exhibition will help visitors understand what Lincoln was trying to accomplish with each speech, what was going on in the world around him and what impact his words ultimately had on the nation.
"Undying Words" also includes dramatic objects that have never before been seen at the Lincoln Presidential Library and Museum. Among the highlights:
The model for Daniel Chester French's sculpture in the Lincoln Memorial
• Beautiful and touching letters of condolence to Mrs. Lincoln
Items from African-Americans the Lincolns knew in Washington
A 5-foot-tall Lincoln campaign banner from 1860
What is believed to be the largest oil portrait of Lincoln
A cane the Lincolns gave to the minister who conducted their son's funeral
Three documents that are key to Lincoln's legacy will also be on display when "Undying Words" opens. To minimize damage to the documents, they will be removed at different times during the exhibition's run and replaced by a facsimile or illustration.
Visitors will get to see a handwritten copy of the Gettysburg Address until Jan. 20. A signed copy of the Emancipation Proclamation (which declared that "all persons held as slaves within said designated States ... are, and henceforward shall be free") will be displayed until Feb. 16.
A signed copy of the 13th Amendment, which abolished slavery, will be included until March 16. Lincoln signed that document below a phrase he helped fashion: "Neither slavery nor involuntary servitude ... shall exist within the United States."
Together, these speeches, documents and artifacts illustrate the evolution of Lincoln's ideas on equality, from simply taking a personal stand against slavery to helping develop a national majority that favored permanently ending slavery and preserving the Union as a free republic.
The Abraham Lincoln Presidential Library and Museum will offer a variety of related programs and events related to "Undying Words."
Arborist Guy Sternberg discussing the "last living witness to Lincoln's funeral" – a large tree in Oak Ridge Cemetery
History professor Richard Wightman Fox giving an illustrated presentation called "Living and Dying for the Nation: Lincoln on Screen, 1915-2012."
A special display in the museum's Treasures Gallery of items concerning Lincoln's death
Public readings of Lincoln's major speeches on their anniversaries, each accompanied by a Q&A with ALPLM historians.
A look on Nov. 19 at items from the ALPLM collection that relate to Illinois legislators, including Lincoln.
For more on "Undying Words" and the ALPLM's 10th anniversary, visit www.TenYears
Lincoln.com.
"Undying Words" is a joint effort of the Abraham Lincoln Presidential Library and Museum and the Chicago History Museum. Both institutions contributed expertise, artifacts, money and staff time.
The exhibition was curated by Olivia Mahoney, senior curator at the Chicago History Museum, and James Cornelius, curator of the presidential library's Lincoln Collection.
Mahoney has been with the Chicago History Museum since 1980, curating many exhibitions, including "Abraham Lincoln Transformed" and "Chicago: Crossroads of America."
Cornelius has been curator of the Lincoln Collection. In addition to planning exhibits, he edited and co-authored the museum's Official Commemorative Guide and its publication "Abraham Lincoln: Self-Made in America."
Eileen Mackevich, executive director of the Abraham Lincoln Presidential Library and Museum, thanked the Chicago History Museum for helping create the exhibition.
"We hope it generates widespread discussion about Lincoln the president and the master politician," Mackevich said. "What qualities made his leadership unique? What forces shaped his views on equality? These are questions worth weighing as important anniversaries draw near."
[Chicago History Museum and Abraham Lincoln Presidential Library & Museum]