LIFE SENTENCES

first_img GAVEL GAMUT By Jim RedwineLIFE SENTENCESWhen I was an undergraduate at Indiana University I wavered between majoring in English or Psychology. I ultimately concluded a life spent seeking answers to life’s mysteries from mice running mazes held less promise than one trying to find wisdom hidden in the words of pundits. Over the years since college, I have often questioned my choice. The current hollow clanging of brass over Judge Brett Kavanaugh and Dr. Christine Blasey-Ford is only the most recent struggle of yin and yang between my two choices.Attempted rape is a terrible crime and a false accusation of attempted rape is a terrible tragedy. Both can result in a life sentence of anger, fear, frustration, and loss of control. And a loss of personal control is the true source of the pain caused by either circumstance. Psychologists have cautioned parents for years to avoid pinning a child down. Such behavior can result in lifelong fear and angst. And it does not take a psychiatrist to explain how being falsely accused can permanently damage a person. Most humans have been or will be falsely accused of something and can relate to the frustration of trying to disprove a negative. Such an unfortunate circumstance is made worse the greater the false accusation is spread. Of course, it is just as debilitating to be injured and to have one’s complaint ignored or disbelieved.Unfortunately, Dr. Blasey-Ford and Judge Kavanaugh have become casualties of people who have convinced themselves that the greater good of controlling the U.S. Supreme Court overcomes any concern about destroying lives along the way. Blasey-Ford and Kavanaugh are just two white mice trapped in a maze of self-righteousness. We have seen this experiment before and will surely see it again. For more Gavel Gamut articles go to www.jamesmredwine.comOr “Like” us on Facebook at JPegRanchBooksandKnittingFacebookTwitterCopy LinkEmailSharelast_img read more

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Court Orders More Proceedings On Waiver Moves

first_imgScott Roberts for www.theindianalawyer.comThe 7th Circuit Court of Appeals reversed summary judgment for state defendants in a lawsuit brought by Medicaid patients who claimed their move to a new waiver with a cap on expenses violates the Americans with Disabilities Act. The court said the way the patients spent their expenses constitutes an issue of material fact, and they may have been able to receive more services had they spent their money differently.The case combined two appeals from the Southern District of Indiana where Judge Jane Magnus-Stinson granted summary judgment the defendants on plaintiffs’ claims their transfer from the Indiana Family and Social Services Administration’s Aged and Disabled Medicaid Waiver Program, where there is no limit on services, to the Family Supports Medicaid Waiver Program, where there is a cap, violated the ADA’s integration mandate. That mandate says “shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.”There are seven people who constitute the plaintiffs in the two cases. They claim that before their transition to the FS waiver they were able to enjoy 40 hours a week in community activities such as eating in restaurants, window shopping and visiting flea markets, but since their transfer that has to be cut to 10 to 12 hours per week due to the cap. Some plaintiffs have been moved back to waivers without a cap, but others remain.Chief Judge Diane Wood wrote that the plaintiffs’ claims fall within the scope of the integration mandate under the Department of Justice’s interpretation. The FSSA’s action to switch waivers separates disabled and non-disabled persons and is a violation. The state argued the mandate only applies to people who have actually been institutionalized, but the 7th Circuit said that interpretation is too narrow. The state also argued that availability of another waiver is a safeguard against gaps in the care the patients now receive, but since the patients are ineligible for those other waivers, it makes no difference, the 7th Circuit ruled.The plaintiffs argued for changes in the requirements for the A&D waiver and the Community Integration and Habilitation Medicaid Waiver to allow them to be placed on either of those, since those have no caps. The 7th Circuit said Indiana offered no evidence that changing these requirements would fundamentally alter their programs. “The state has made no showing that its criteria are ‘necessary for the provision’ of the relevant services in this case,” Wood wrote. “It cannot avoid the integration mandate by binding its hands in its own red tape.”However, Wood wrote that patients do have a choice in how they spend their money under the waivers, and this creates a genuine issue of fact as to whether the policy has caused their isolation from the community.The plaintiffs also were seeking class certification for all people who were moved from the A&D waiver to the FS waiver and are not on the other capless waiver who also require more services than the FS waiver provides. However, the 7th Circuit agreed with the District Court that this definition was too vague, despite “serious reservations.” Wood wrote the court did not know what the word “require” meant: if that was for medical purposes, community interaction or some other purpose.The 7th Circuit remanded the case for further proceedings to determine if the waiver move violated the mandate.The cases are Karla Steimel and Thomas Maertz, et al. v. John J. Wernert, Secretary of the Indiana Family and Social Services Administration, 15-2377; and Michael Beckem and Lois Beckem v. Indiana Family and Social Services Administration and John J. Wernert, Secretary of the Indiana Family and Social Services Administration, 15-2389.FacebookTwitterCopy LinkEmailSharelast_img read more

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Weekly Market Review: October 5, 2020

first_imgThe month of October is infamous on Wall Street for the massive stock market drop that took place on “Black Monday” (a one-day loss of more than 20% on 10/19/87), but lesser known is that three of the top four daily gains for the S&P 500 index in the last 70 years also took place in October. Just over six months ago, the S&P 500 gained +9 .4% (total return) on 3/24/20, the index’s third best trading day since 1 /01 /50 (source: BTN Research).The United States tracks “personal income” of its citizens, i.e., a monthly estimate of all pre-tax income created from employment and investments. Even though Americans can spend money they don’t have (resulting in credit card debt, mortgage debt, auto debt), history tells us that most Americans definitely love to spend money that they do have. That’s why last week’s report that showed “personal income” had declined 2.7% on a month-over-month basis from July to August, its third down month in the last four months, threatens to slow our much-needed economic recovery (source: Commerce Department).The Federal Reserve announced on 9/16/20 that they expect rates to remain near zero “at least through 2023 to help support our recovery.” Long-time market watchers understand that predictions made by our nation’s central bank are not infallible. Just three years ago (9/20/17), the Fed released a forecast for the end of 2020 for its key short-term interest rate and for our country’s unemployment rate. Their predictions: The Fed funds rate would be 2.9% and our jobless rate would be just 4.2%. The actual numbers as of today: The Fed funds rate is 0% to 0.25% and our jobless rate is 7.9% (source: Federal Reserve).Notable Numbers for the Week:BIG NUMBERS – The NASDAQ Composite is up +25.3% YTD (total return) through the close of trading on9/30/20. The NASDAQ Composite has gained at least +20% in 4 of the last 11 years, i.e., 2009-2019. The NASDAQ Composite is an unmanaged index of securities traded on the NASDAQ system (source: NASDAQ).BEING CAREFUL – Since the beginning of 2020, the size of the money market fund industry in the USA (both taxable and tax-free) has grown from $3.63 trillion as of 1 /01 /20 to $4.40 trillion as 9/30/20, a YTD increase of$770 billion or $20 billion a week (source: Investment Company Institute).SIMPLER – As a result of the expansion in the size of the standard deduction in the “2017 Tax Cuts and Jobs Act,” only 10% of tax filers itemized in 2018, down from 30% in 2017 (source: Tax Foundation).TWO STATES – Even though crude oil is produced in 32 U.S. states, just two states (Texas and North Dakota) are responsible for 52% of the nation’s crude oil production (source: Energy Information Administration).Mark R. Reimet, CFP®CERTIFIED FINANCIAL PLANNER™Jodie BoothFinancial Advisorlast_img read more

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HBS announces student start-up competition winners

first_imgHarvard Business School’s (HBS) Arthur Rock Center for Entrepreneurship has announced nine winners of Minimum Viable Product (MVP) Funding, a new pilot program offering $50,000 in total awards to student entrepreneurs working on projects during the School’s winter term.Proposed by first-year M.B.A. students Dan Rumennik, Jess Bloomgarden, and Andrew Rosenthal, and funded by the Rock Center, the MVP Fund is based on the premise of the lean startup methodology, which focuses on rapid prototyping, a process that brings products to market as quickly as possible. This methodology has been advanced and popularized by Eric Ries, an entrepreneur-in-residence at HBS this academic year advising students and collaborating with faculty members on research and course development.Eighty-eight teams, each with at least one current Harvard M.B.A. student, submitted entries. Written proposals were due at the end of January, and finalists presented their ideas to the MVP selection committee in mid-February. Funded teams are required to meet with a mentor on a monthly basis, attend a monthly gathering of other MVP teams, and present lessons learned from the MVP program and process at the end of the semester.The nine winning entries (with their founders) are:Adiply (Omar Restom, HBS 2012): An automated self-serve tool that executes online advertising direct deals.AfterSteps (Jessica Bloomgarden, Alex Stratoudakis, and Emma Taylor, all HBS 2012): An online end-of-life planning platform with educational resources and tools to create a plan, store it, and transfer it to designated beneficiaries.Children’s Stories for American Muslims (Mohammed Aaser, HBS 2012): A children’s entertainment and education brand for the underserved North American Muslim population. The business will start as a subscription service delivering monthly stories and will later expand into toys, books, games, videos, and licensing.MatchLend (Jeffrey Engler, HBS 2011, and Charles Deutsch): A tool to improve loan underwriting accuracy by incorporating data often missed by traditional methods.MyDayz (Vasile Tofan, HBS 2012, Ecaterina Demcencov, and Alex Rishoj): A web application that allows women to keep track of their health data, focusing on period and fertility monitoring.Rewardly (Aleem Mawani, HBS 2011, and Jasen Kim): A rewards program that works with the customers’ existing credit cards wherever they make purchases.UpStart (Sarah Dillard, Jevan Soo, and Shiyan Koh, all HBS 2011): A program that seeks to do for entrepreneurship what Teach for America did for teaching by creating a well-branded path for young talent to work at promising start-ups and learn entrepreneurial skills.Vinamea (Gurvan Rallon and Cornelius Frey, both HBS 2012): A platform that allows people to rent a portion of a vineyard, follow an online wine production process from grape to bottle, and ultimately receive their share of the year’s vintage in a customized package.Zumper (Anthemos Georgiades, Tom Dye, and Ken Sim, all HBS 2012): An online real estate market in which students and others can bid on and secure properties in a more efficient and transparent manner.Read the full release.last_img read more

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Arab uprisings shift to political struggles

first_imgMany of this year’s Arab uprisings are evolving from angry popular revolts into drawn-out political struggles to build democratic systems that will protect basic civic rights and social justice, analysts told a Harvard Kennedy School forum.Rami G. Khouri, an associate in the school’s Dubai Initiative and a prominent Beirut-based journalist, said that in Egypt, citizens have taken to the streets again to challenge the ruling military council not to backtrack from the spirit of the uprising that toppled President Hosni Mubarak.“In February and March, you had the birth of Arab citizens,” said Khouri. “What you are seeing today in Egypt is the birth of Arab politics. You are seeing the birth of the contestation of power, peacefully by and large, with people in the streets, and the military has been forced to respond… What comes next is the birth of true sovereignty and self-determination.”The John F. Kennedy Jr. Forum on Monday, Sept. 19, titled “Inside the Arab Awakening,” also included Sultan Sooud Al Qassemi, a columnist based in the United Arab Emirates; Diana Buttu, a former spokesperson for the Palestine Liberation Organization and a fellow at the Kennedy School’s Middle East Initiative; and Karim Makdisi, a professor at the American University of Beirut.The moderator was R. Nicholas Burns, Kennedy School professor of the practice of diplomacy and international politics and director of the Middle East Initiative in the Belfer Center for Science and International Affairs, which co-sponsored the forum with the Institute of Politics. The webcast of the event is available for viewing here. Read Full Storylast_img read more

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Police: Fingerprint led them to 2003 Georgia murder suspect

first_imgCOLUMBUS, Ga. (AP) — Georgia police detectives say a fingerprint match more than 15 years after a killing led them to arrest a man in January in South Carolina for a 2003 killing. A judge on Friday declined to set bail for 46-year-old Alvin Barfield, refusing arguments from the defense that Barfield wasn’t a flight risk due to his cooperation with detectives. Columbus cold-case investigator Stuart Carter testified Friday that investigators took a fingerprint from the crime scene in 2003 where Albert Carter Woolfolk was stabbed and strangled that matched to Barfield late last year. Police haven’t identified another fingerprint from the scene, and believe two men would have been needed to take a big-screen TV from Woolfolk’s house in 2003.last_img read more

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Odds & Ends: Josh Gad May Join Harry Potter Spinoff & More

first_imgHere’s a quick roundup of stories you may have missed today. Josh Gad May Join Harry Potter SpinoffTony nominee and Frozen fave Josh Gad may soon be a Muggle no more. According to Variety, the Book of Mormon star is on the short list to take on the character of Jacob in the Harry Potter big screen spinoff Fantastic Beasts and Where to Find Them. Also vying for the role is The Office’s John Krasinski. Gad, who is also set to appear in the live-action remake of Beauty and the Beast, would join Tony and Oscar winner Eddie Redmayne, who will star as Newt Scamander, as well as singer-songwriter Alison Sudol as Queenie. The film follows Newt’s journey in early 20th century New York as he searches for mystical creatures.Margo Martindale Heads to The Good WifeThe Good Wife is officially the new Law and Order. Tony nominee and Emmy winner Margo Martindale will appear in the seventh season of the CBS series, beginning this fall. She’ll take on the recurring role of Willa Eastman, a campaign operative who hides her smarts and guile behind a false folksy charm. Martindale earned a Tony nod for her Broadway debut in the 2003 revival of Cat on a Hot Tin Roof and won an Emmy for her performance in Justified. She joins a cast that includes fellow Broadway alums Christine Baranski, Alan Cumming and Zach Grenier. The season premiere is slated for October 4.In the Heights to Cross el Océano AgainIt won’t be long now! The Tony Award-winning musical In the Heights will return to London this fall. The musical, created by Hamilton’s Lin-Manuel Miranda and Quiara Alegría Hudes, will play the King’s Cross Theatre from October 3 through November 1. The production, directed by Luke Sheppard and choreographed by Drew McOnie, previously played a sold-out run at the Southwark Playhouse in 2014.Jennifer Hudson Crashes a Gay Weddings & SlaysNothing makes us cry more than a beautiful weddi…OH LOOK, it’s incoming Broadway star and Oscar winner Jennifer Hudson! Hudson, who will play Shug Avery in the revival of The Color Purple this fall, made a surprise appearance at the wedding of Chris and Scott Lindsey at the W Hotel in Dallas, Texas (Hudson is an ambassador for “Turn It Up for Change,” a Human Rights Campaign and W Hotels initiative). Immediately following the pronouncement, the curtain falls and Hudson rocks the crowd with “I Still Love You.” Take a look at the clip from Page Six below, and congratulations, newlyweds! Jennifer Hudson Star Filescenter_img View Commentslast_img read more

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Wood Mackenzie: Offshore wind installations to top 22GW annually by 2028

first_img FacebookTwitterLinkedInEmailPrint分享Recharge:Offshore wind will account for 25% of the world’s installed wind power by 2028, up from 10% at the end of last year, according to analyst Wood Mackenzie.The 160GW of cumulative capacity installed by then would represent a sevenfold increase on the 23.4GW erected by the end of 2018 — largely a result of the ever-reducing cost of the technology.As WoodMac states: “The possibility of offshore wind becoming cheaper than coal, gas and nuclear in most major countries is a question of when rather than if.”A record low strike price of £39.65 ($51.27) per MWh was achieved at a UK Contracts for Difference auction last year, while French asset manager Lazard puts the levelized cost of energy of new coal-fired power plants at $66-152/MWh, and new gas combined-cycle plants at $44-68/MWh.Nevertheless, WoodMac points out that the offshore build-out — which it expects to reach 22.3GW annually by 2028 — could be negatively impacted by a lack of policy frameworks in some countries and “lukewarm returns” due to the ultra-competitive nature of auctions and slim margins.But these potential problems will be countered by the ability of floating wind to unlock new markets and developers starting to pursue subsidy-free merchant projects, it adds.[Leigh Collins]More: Offshore wind ‘will provide 25% of all wind power by 2028’ Wood Mackenzie: Offshore wind installations to top 22GW annually by 2028last_img read more

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12 predictions for how tech will change your financial life in 2016

first_img 16SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Earlier this week I posted a simple question to Twitter –Just like Amazon changed the face of retail, Apple wreaked havoc on the music industry and Uber is rewriting the rules of the roads, finance is finally getting its day in the disruption sun. A lot has changed already. Technology and the startups wielding it are transforming how money is stored, moved and spent. Nearly every aspect of our financial lives is liable to become cheaper, faster and more convenient.With Ernst & Young predicting fintech usage could double in 2016, the question of what lies ahead has never been more relevant. continue reading »last_img read more

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A law firm has stopped representing the Trump campaign in a Pennsylvania suit.

first_imgPorter Wright, based in Columbus, Ohio, has received at least $727,000 in fees from the Trump campaign and the Republican National Committee, according to federal election disclosures.- Advertisement – The firm’s withdrawal followed an article in The New York Times on Monday describing internal tensions at the firm about its work for Mr. Trump’s campaign in Pennsylvania, where the campaign has filed several lawsuits alleging voting irregularities. (The state’s attorney general said recently that here is no evidence of widespread problems.) Some Porter Wright employees said they were concerned that the firm was being used to undercut the integrity of the electoral process. One of the firm’s lawyer resigned in protest over the summer. The law firm on Monday filed a lawsuit in the Federal District Court for the Middle District of Pennsylvania on behalf of the Trump campaign. The suit, which is pending, alleged that there were “irregularities” in the presidential vote across the state, which President-elect Joseph R. Biden Jr. won by more than 50,000 votes.The Democratic National Committee has filed a motion to dismiss the lawsuit. – Advertisement – Porter Wright Morris & Arthur, the law firm leading the Trump campaign’s efforts to cast doubt on the presidential election results in Pennsylvania, abruptly withdrew from a federal lawsuit that it filed days earlier on behalf of President Trump.“Plaintiffs and Porter Wright have reached a mutual agreement that plaintiffs will be best served if Porter Wright withdraws,” the law firm said in a federal court filing.- Advertisement –last_img read more

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