Ohio's Hospice of Dayton Clinical Team Liaison Nancy Trimble, PhD, RN, ANP-BC, ACHPN, will be honored as Professional of the Year by the Midwest Care Alliance on November 5 in Columbus.
significant and repeated achievements in home, hospice and palliative care, particularly on a state level. Award recipients are visionaries who demonstrate creativity, courage, and their work has made a substantial difference in one or more of the following areas: exceptional service, program creation, administrative development, innovative research or educational advancement.
Dr. Trimble has five years of service at Ohio's Hospice of Dayton. She is an expert in geriatrics and geriatric pharmacotherapy and is active in the American Nurses Association, Sigma Theta Tau, and District 10 Ohio Nurses Association where she has served in multiple leadership roles. She is certified as a trainer in end-of-life education and is a valued educator in the clinical community. Dr. Trimble is also an active member of her own church community and serves on the board of the Fairborn Senior Center, as adjunct faculty for Indiana Wesleyan University and guest speaker for Wright State School of Nursing students.
Ohio's Hospice of Dayton is a non-profit hospice provider and has served patients and families in the Miami Valley for nearly 40 years in their homes, extended care and assisted living facilities and the Hospice House location in Dayton. Grief support services are available to the entire community through the Pathways of Hope grief support center. Ohio's Hospice of Dayton serves over 600 patients and families daily, achieving national recognition for innovative services and outstanding care. It is a member of Ohio's Hospice, a partnership of mission-driven, non-profit hospices in Ohio committed to a shared mission and vision of strengthening and preserving community-based hospices.


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Kresy – część wsi Szarbia Zwierzyniecka w Polsce, położona w województwie świętokrzyskim, w powiecie kazimierskim, w gminie Skalbmierz.

W latach 1975–1998 Kresy administracyjnie należały do województwa kieleckiego.

Przypisy

Szarbia Zwierzyniecka

redpajama_set_name: RedPajamaWikipedia


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New sentencing guidelines have shown up shortcomings in corporate manslaughter legislation, says expert New sentencing guidelines have shown up shortcomings in corporate manslaughter legislation, says expert
New sentencing guidelines have shown up shortcomings in corporate manslaughter legislation, says expert
Out-Law Analysis | 21 Sep 2017 | 4:32 pm | 4 min. read
ANALYSIS: The impact of the new sentencing guidelines for health and safety offences has shown up the fundamental shortcomings of the dedicated legislation dealing with corporate manslaughter and corporate homicide.
The 2007 Corporate Manslaughter and Corporate Homicide Act (CMCHA) has only delivered 25 successful prosecutions since it came into force nine and a half years ago, and those have predominantly been of smaller organisations. Meanwhile, around 30 fines of over £1 million have been issued for incidents prosecuted under the 1974 Health and Safety at Work Act (HSWA) and subordinate legislation in the 18 months since the new sentencing guidelines came into force.
When the CMCHA received Royal Assent, it was widely thought among commentators that the legislation created an overly narrow approach to establishing corporate liability. The statistics appear to have confirmed these concerns, with the requirement to show that substantive failure falls at the feet of senior management in larger organisations proving arguably as problematic under the CMCHA as under the previous common law.
In light of major incidents in the media spotlight re-opening calls for organisations to be held to account for corporate manslaughter, is the CMCHA fit for its original intended purpose? And should the Crown Prosecution Service (CPS) and the courts continue to pursue corporate manslaughter proceedings given the dramatic increase in potential fines for fatal and non-fatal offences under the HSWA?
Background to the CMCHA
CMCHA was introduced in response to a number of large-scale disasters, including the Piper Alpha oil rig disaster, the Kings Cross station fire and the sinking of the P&O Ferries' Herald of Free Enterprise. It introduced a new means of establishing liability through the actions of senior management, in place of the existing need under the common law to find the 'directing mind' of the company to be 'at fault'.
This concept, known as the identification doctrine, was believed to have hindered prosecutions given that in large modern companies, decision-making is complex and taken at various levels, making it almost impossible to identify individuals of sufficient seniority whose actions were so reprehensible that they could be found to be the actions of the company.
Under CMCHA, an organisation can be found liable where it causes the death of a person to whom it owed a duty of care, and that breach is sufficiently serious to be considered 'gross'. The test for 'gross', however, remains an extremely high threshold to surmount, although it is defined more clearly by way of statutory guidance. Senior management must play a substantial role in the gross breach which causes death - that is, a substantial element of any breach needs to be in the way those activities were managed or organised by senior management.
The rationale for this change and the removal of the identification doctrine was that this would facilitate prosecutions of larger companies and bring home the importance of health and safety - a mantra we have heard again recently, with the introduction of the new sentencing guidelines. However, the requirement under CMCHA to identify "senior" management, and for such senior management to be "substantially" at fault, has done little more than broaden the scope of the previous identification doctrine.
The meaning of management failure
The 2016 prosecution of Maidstone and Tunbridge Wells NHS Trust, although unsuccessful, perhaps came closest to establishing a broader understanding of management failure. In his judgment, Mr Justice Coulson suggested that if "senior management issues" such as resource allocation, recruitment and supervision were grossly flawed then this might open the gateway to the prosecution of larger organisations. As it turned out, the case collapsed and with it any potential insight into how the senior management test would be applied to a larger organisation.
However in most, if not all, health and safety cases fault can often be attributed to many different aspects of the company, right down to the operative's method of working on the day. Very rarely is there one single factor which results in a fatal incident. It is the difficulty of demonstrating that "senior management failure" was a "substantial cause" which is perhaps the biggest hurdle to overcome for the CPS.
The strict liability attached to more HSWA offences makes these evidentially much easier to prove, and the statistics demonstrate that the vast majority of these prosecutions are successful. Why, then, would the CPS still seek to pursue charges of corporate manslaughter against a larger organisation when the prospects of success are so remote?
Financially, for large organisations - and 'very large organisations' in particular - it is not beyond a judge's wit to move beyond the fines indicated by the guidelines in the case of a successful HSWA prosecution, especially where there are aggravating factors. For a very large organisation with very high culpability, it is not unthinkable that the notional £10m ceiling will be breached, bringing into play fines in the same realm as the £20m ceiling attached to corporate manslaughter.
Some commentators would no doubt answer that a 'manslaughter' prosecution is of significantly more reputational damage than one brought under HSWA, and of course this opens up the prospects of a publicity order against a prosecuted company. However, a successful prosecution under HSWA can still bring significant reputational damage. It begs the question of whether a simpler way of addressing the CMCHA's perceived failures against larger organisations would have been the upgrading of any fine which uncovers "gross management failure".
Legislative change should always be based on sound legal and moral principles. However, a decade on the CMCHA appears to have been overly conservative and its focus on substantive senior management failings has failed to capture the corporate liability it sought to achieve. Had the offence of corporate manslaughter simply required an organisation to have breached its duty of care, and for that breach to have been gross, the CMCHA would likely have resulted in more prosecutions - and certainly, more prosecutions of larger entities. However, such a straightforward test would have been problematic for an offence involving manslaughter designed to address the worst types of failing. Given its track record and the difficulties in satisfying every element of the offence when compared with the sums at stake under the new sentencing guidelines and the ease of meeting the evidential burden under HSWA, there is some merit in thinking that the corporate manslaughter regime may now be redundant.
Simon Tingle is a health and safety law expert at Pinsent Masons, the law firm behind Out-Law.com.

redpajama_set_name: RedPajamaCommonCrawl


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Theatre of Cruelty
I worked as a producer for the Norwegian company Theatre of Cruelty between 2010 and 2013. After producing the play "What a glorious day", I was responsible for arranging our appearances at the following venues: Eurodramafest (Krakow), Territoria (Moscow), Passages (Metz) and The National Opera & Ballett, Oslo. Their production of Ibsens unfinished opera "The Mountain Bird" has continued to find audiences around the world and received great acclaim from critics. It was also a pleasure to receive Judith Malina in Oslo, where she held her workshop "A day in the life of". As a member of the highly influential company The Living Theatre, she embodied their artistic journey from the 1950s when the company was established by the German theatre innovator Erwin Piscator and Julian Beck. The workshop was documented by theatre reseachers to preserve what was to be her last visit to Norway.
Theatre of Cruelty produced its first performance in collaboration with Trøndelag Theatre in 1989, throughout its existence its creative heart and leader has been the director Lars Øyno.
The company has performed at festivals and stages in Japan, Russia, Turkey, Germany, Poland, England, Sweden, India and France.
Theatre of Cruelty make performances within the physical tradition and retrieves basic inspiration from Antonin Artaud's vision of an anatomical theater.
We create theater with the body's own musicality, its breath and poetry, as the beginning for all actions. Artaud wanted to awaken the inherent life force that exists in nature and that the Western man seems to have forgotten. Theatre thus becomes a tool for real life.
Lars Øyno
Per Bogstad Gulliksen


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Anime Architecture
Nov. 9, 2019 – Apr. 3, 2020
Background illustration for Ghost in the Shell, cut 341
by Ogura Hiromasa
©1995 Shirow Masamune/KODANSHA – BANDAI VISUAL – MANGA ENTERTAINMENT, Ltd., AA037
Layout for Ghost in the Shell, cut 334 by Takeuchi Atsushi (1995) Pencil on paper ©1995 Shirow Masamune/KODANSHA – BANDAI VISUAL – MANGA ENTERTAINMENT, Ltd., AA038
Concept design for Ghost in the Shell 2: Innocence by Watabe Takashi ©2004 Shirow Masamune/KODANSHA – BANDAI VISUAL – MANGA ENTERTAINMENT, Ltd., AA079
Anime Architecture traces the architectural world-building process of Japan's most influential animated science fiction films. In order to highlight the artists, designers, and directors of the meticulous backdrops that bring to life the futuristic urban environments of anime, curator Stefan Riekeles of Berlin spent years compiling these works. The Morikami Museum & Japanese Gardens is the only U.S. venue hosting this special exhibition.
From location photographs and concept sketches as detailed pencil drawings through to final expressions as cells in full color, Anime Architecture reveals some of the intricacies of the creative processes behind Japan's ultramodern animated films. More than 100 works on exhibit include clips of Patlabor: The Movie, Tezuka Osamu's Metropolis, Ghost in the Shell, and Ghost in the Shell 2: Innocence. Among the beautiful hand-illustrations are works by famous animators: Ogura Hiromasa, Watabe Takashi, Higami Haruhiko, Oshii Mamoru and Takeuchi Atsushi. All of these artists worked during the peak of the use of hand-drawn techniques in animation; this has become a fading art form as artists today construct most films digitally from conception to completion.
Don't miss your chance to see these unique and highly detailed drawings from some of the best-loved Japanese anime, on-view through April 3, 2020. This exhibition was organized by Les Jardins des Pilotes für Kunst und Kultur.
Funding made possible by The Henri and Tomoye Takahashi Charitable Foundation and The E. Rhodes and Leona B. Carpenter Foundation
Stefan Riekeles is a curator based in Berlin. He holds an M.A. in Culture Studies and Audio Communication Science from the Humboldt University and the Technical University in Berlin. He curated the exhibition Anime Architecture which had its premiere in Berlin at the Tchoban Foundation – Museum for Architecture Drawing in 2016. Other projects in the realm of Japanese art include his work as the Artistic Director of the Japan Media Arts Festival Dortmund 2011 and as collaborator on the exhibition Proto Anime Cut (2011-2013) which traveled from Berlin to Dortmund, Barcelona, Madrid, Tallinn, and Basel. Previously, he served as the Programme Director of the International Symposium on Electronic Art 2010, in Ruhr, and has curated several exhibitions for the Transmediale Festival for art and digital culture in Berlin.


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Q: ionic g page home (replace page accidentally) I'm developing a Ionic 2 project and already had a page called "home", so I needed to create another page and did the command "ionic g page home", so my actual page "home" was replaced. There is any chance to get my "home" back? In atom editor don't have history and I can't restore in windows too.

A: I had encountered an issue as such once. I tried to get the file back using a recovery software. For my luck i got the file back. It might work for you as well. I used Recuva. Try searching in the specified file location and you might recover the old version of the file. Not sure 100% that it would work, but it's worth a try.

redpajama_set_name: RedPajamaStackExchange


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Arizona GOP legislator: Danger to democracy in Supreme Court case isn't theoretical
Arizona state Sen. Paul Boyer over the past year single-handedly blocked scores of bills that would have upended elections in his state.
The Republican legislator says his experience shows there's nothing theoretical about the potential dangers of the so-called "independent state legislature theory."
The Supreme Court begins oral arguments this Wednesday on Moore v. Harper, a North Carolina case in which Republicans are pushing to invalidate a state court's redistricting decision based on the independent state legislature theory, a constitutional interpretation that would effectively remove the ability of state courts to check election-related laws.
Critics including voting rights groups, election scholars and even some conservative judicial experts say it would undermine a more than 200-year-old tradition of checks and balances, consolidating authority over elections in the hands of partisan legislatures. Daniel Squadron, a former New York state senator who co-founded The States Project, which spent millions on electing Democrats in battleground statehouses, describes it as a "loaded gun pointed at the heart of our democracy."
Arizona offers a case study for how far some state legislators want to go in taking control of elections if the Supreme Court rules in favor of the independent state legislature theory.
On a single day in March, Boyer banded with the chamber's minority Democrats and one other Republican to vote down 12of his own party's bills aimed at upending elections administration. Many of the more than 100 proposed bills he calls "crazy" this legislative session probably would have become law next year had Democrat Katie Hobbs not beaten Republican Kari Lake in the governor's race and seized the veto pen, Boyer cautioned in an interview with POLITICO in Phoenix.
"I was the one vote for many of them," he said, referring to several tie breaking votes he cast.
In the state House, one bill that did not make it for a vote would have allowed the legislature to nullifyan election or call a new one — the very nightmare scenario court experts have warned could be attempted in statehouses across the nation if the Supreme Court rules in favor of the independent state legislature theory.
Numerous conservative legal groups have lined up in support of the plaintiffs arguing before the Supreme Court on Wednesday, arguing in part that the dire warnings about threats to democracy are "overblown lamentations." Concern among court scholars has centered on legislatures undermining access to voting and forcing unfair congressional and state legislative maps, though the threat of legislators who would attempt to use it to overturn a federal election looms.
Jason Snead, executive director of the Honest Elections Project, which filed an amicus brief in support of the plaintiffs, says the concerns are "hyperbolic by design."
"It's designed to conceal what the case is really about, which is a power grab in state courts," said Snead, whose group has ties to Leonard Leo, the conservative Supreme Court activist who directed millions toward advocating for its current conservative majority. Snead said North Carolina law is unique in its deference to legislatures to draw maps. Bartlett Cleland, general counsel for the American Legislative Exchange Council, a nonprofit organization of conservative state lawmakers, also tried to play down the case, saying "this is not a case that would sprawl to whether changes can be made in election procedures."
Still, the independent state legislature theory underpinned former President Donald Trump's failed attempt to have states invalidate the 2020 election, and the lawyer who conceived that strategy, John Eastman, has filed an amicus brief on behalf of the The Claremont Institute making a similar case. While some of the election-related laws may have survived court challenges, giving legislatures sole authority over them would remove the ability of a state court to review them.
"What's at stake here are truly the checks and balances our founders laced into the system," said Neal Katyal, a former acting U.S. solicitor general under President Obama and partner at Hogan Lovells who will argue before the court on Wednesday.
In a recent call with reporters, Katyal emphasized the unfettered ability of statehouses to draw gerrymandered maps — which are frequently challenged and overturned in state courts — as the most immediate consequence of a ruling in favor of the plaintiffs. Already in Ohio, for instance, the GOP-led legislature has for most of this year been in open defiance of the state Supreme Court's repeated orders to redraw congressional and state legislative maps it has deemed gerrymandered.
The second major threat is a flood of election administration laws that could cause chaos, and that threat is nationwide. This year Republicans in Colorado, Arizona, Missouri, New Hampshire, Washington and West Virginia introduced bills to ban ballot tabulators, which would cause significant delays in counting ballots. At the same time, politicians who deny the outcome of the 2020 election, including Trump, have loudly protested that counties that fail to count all ballots on Election Day are suspect.
In total, this year there were at least 175 bills introduced in dozens of states that would "interfere with election administration," including requiring partisan audits, seizing power over election authority and imposing criminal penalties on election administrators, according to the nonpartisan States United Democracy Center. "These burdens will push election systems to the limit at the same time that election administration has become highly partisan and baseless claims of fraud are rampant," the group said in a recent report.
The legislative push over the past year in Arizona is proof, according to Boyer and democracy watchdog groups, that if the Supreme Court removes the guardrails that state courts provide, partisan state legislatures could and would grab power in numerous unconstitutional ways including overturning elections. Arizona state Senate President Karen Fann, who helped steer the bills, and two spokeswomen for the Arizona State Senate Republican Caucus declined email requests for comment.
"My colleagues would like to take a lot of control over certain aspects of government that we've never historically had before," Boyer told POLITICO in an interview from a charter school nestled beside a red rock mountain where he is decamping to teach Latin and history. In Arizona, Republicans even tried to take away a commission that regulates corporations and energy policy that's been in the constitution since statehood in 1914, said Boyer.
"They haven't thought through some of these things," he said, warning the bills would have also created a tangle of contradictory statutes. "We're just telling elections officials 'we think we know better and we will better implement elections,' when the reality is the counties have been doing it" for decades, said Boyer.
At 45 years old, Boyer is taking a "sabbatical" from public service after his term ends in early January. "I'm just tired. I just needed the break," he said.
Among the bills Boyer's helped block, one would have required an audit every two years of federal elections — a hugely expensive undertaking that would have drained funds from other areas of government oversight, according to Boyer — and publicly posting digital images of voters' ballots he says could have created legal risks for election officials. It would have taken away legitimate audits of other necessary departments, such as schools or the Department of Corrections, for instance, said Boyer.
The Arizona state House member who proposed a bill to cancel an election, Shawnna Bolick, also ran for secretary of state. Her 2021 bill would have allowed a simple majority of lawmakers in both chambers to revoke the secretary of state's certification of the winning slate of presidential electors.
"The legislature could either nullify it and call a new election or vote for who they think should be the winner based on whatever the legislature determines was the bad actions of that election," said Boyer.
Another Arizona bill would have required Maricopa County Supervisor Bill Gates to, against Arizona law, surrender the 2020 general election ballots to state senators. "We were voting for, essentially, sending them to jail (for up to six months) for following the law," which requires a judge's order or an official recount for ballots to be surrendered, said Boyer.
The entire Maricopa county board of supervisors could have faced up to six months of jail time, he said. Nobody really knew where they would be jailed, he said. "Maybe it was our basement or with the county sheriff," Boyer said. Boyer recalled a tense meeting with board supervisor Gates in which Gates said his daughter called asking when he was going to prison. "That's when it started, where I became the one vote that wasn't sticking with my party," he said.
"You can't make this up," said Boyer.
Another would have required all of the state's ballots be hand-counted by 9 pm on Election night. (It took six months for a group of "cyber ninjas" in 2020 to hand count two races.) Squadron said such bills would, in many cases, purposely create chaos and confusion that could be used as a pretext by "rightwing" state legislatures to intervene. "It's all a justification for state legislatures to step in and choose the winner," he said.
"Even if a handful of them passed, elections officials would not have known how to do their jobs," said Boyer. "The 'Stop the Steal' crowd would have have 'aha, they're corrupt because we made sure they couldn't do their jobs,'" said Boyer.
While Democrat Hobbs' narrow election victory ensures the bills won't survive for now, Boyer said his experience demonstrates why there is no world in which state legislatures dominated by either political party should given free reign over elections.
"We will no longer be able to govern ourselves. It will be contingent upon force and accident," said Boyer, citing Founding Father Alexander Hamilton, who asserted that many governments over history have been ruled by force as opposed to "reflection and choice."
Senate conservatives plot their second act after taking on McConnell
A Pastor and Politician Who Sees Voting as a Form of Prayer


A long standing working membership in the Data Protection Association (DPA) is now official: The Data Vault has been officially named a Charter Member.
DPA is the premier data protection industry trade association and offers global outreach. While TDV has had a longstanding affiliation with various associations, DPA now offers a formal membership plan for international leaders of the data protection industry.
The Data Protection Association's goal is to promote the growth, education and networking opportunities of those in the Data Protection Industry. The DPA incorporated in 2011.
The Data Vault is proud to announce this membership distinction and looks forward to a long future working with the DPA and our fellow members.
Find out more about the Data Protection Association.
Since 1984, The Data Vault has provided organizations with top-notch records management services, beginning with its climate-controlled vault. TDV also offers off-site records storage with around the clock pickup and delivery service; document imaging; document shredding and media destruction, and more.
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