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closedcoffins · 2 years

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@beastlit liked this post to be forcibly given a baccano! au.

I absolutely think there is an easy way to do this. Speaking simply, he’d fit in very well with Jacuzzi’s Gang ( Atsushi and Jacuzzi might as well be the same character in different fonts to be completely honest ), but. I have made an effort with these aus in the past to avoid the most obvious decision when there IS an obvious decision, so I have something a little more unique in mind. That said, it’s only SLIGHTLY more specifically tailored rather than just chucking him into any given organization. So, I think Atsushi would work relatively well as an affiliate of the Daily Days.

The Daily Days: An unusual information brokerage in New York City’s Chinatown. Rather than doing business in alleyways, they have a front of a newspaper company with their information exchanges taking place in one location. SEE: Rachel Jones.

Aside from being the closest thing Baccano! has to a detective agency, they’re also in the business of helping people out for payment other than money---information. I have the specific thought of Atushsi needing to buy some piece or another of information, but being unable to afford it by ordinary means, he’s instead offered a deal: if he can obtain previously unknown information equal to the value of the information he wants, he can have that information for “free”. In that way, I think he could become a gopher for the Daily Days.

(A very specific and tangential sidenote, the person making this offer would probably be Henry, That Motherfucker, since Henry is notorious for exploiting others if it means he has the most information about any given scenario.)

To get specific, I think Atsushi could find plot involvement in plotlines ranging from 1932 to 1935. Though the Daily Days HAS a plot in January of 1932, I’m actually talking about 1932 Summer: Man in the Killer here. This is mostly due to Man in the Killer’s nature as a more mystery-oriented book that the Daily Days already has a hand in in the form of reporter Carl Dignis, who I think Atsushi could accompany on his quest to uncover the identity of serial killer Ice-Pick Thompson as one of his first forays into the dangerous world of information hunting. Also, almost the entire cast of Man in the Killer is absolutely fucking insane and I think putting Atsushi anywhere near them would be really funny.

I think Atsushi could also have involvement in the story of 1933 precisely because the Daily Days doesn’t have as strong of a presence in that story. Since the plot takes place at Nebula-owned skyscraper Mist Wall, I think it would be funny if Atsushi were investigating Mist Wall for a completely different reason... only to become a firsthand witness to the chaos at the top-floor Babel restaurant. Because of his self-sacrificing nature I wouldn’t be surprised if he actually became involved in the fighting for the sake of protecting civilians.

Nebula: A large corporation led by Cal Muybridge. While it handles everyday matters such as construction and city planning, it also takes care of matters related to the supernatural, up to and including the liquor of immortality. Headquartered in Chicago and with a skyscraper known as Mist Wall in New York City, Nebula’s alchemical research is headed by Renee Parmedes Branvillier. SEE: Sham.

As usual, since I love involving as many crossovers as I possibly can in the 1935 plotline, I think Atsushi would be specifically asked to join the party at Ra’s Lance to celebrate the casino’s opening. Everyone knows something big is going to happen there, so obviously the Daily Days would want someone who reports directly to them present.

#out of character #beastlit #hope you enjoy!

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turntechcatnip · 4 years

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A young...kid? Is alone in their bedroom. While technically it was sixteen years ago that they were given life (and thr33 sw33ps,) it’s only been about a month and some change since they were given this particular name.

One month since you died for the--what--fourth? time? And that’s just if you stay within your linear timeline. You’d say you’ve been living on borrowed time for years but death hasn’t stuck yet.

Your name is still Davepeta--Strider-Leijon? It sounds about right, even if it implies your Bro married your lusus which is pretty hissterical--your handle is turntechCatnip because Vrwhiskers has a pesky NO DOUBLES!!!!!!!! Rule you feel honorbound to observe, and you have a variety of interests many reading are likely already aware of so we’ll skip the laundry list. You are a walking, talking, living amalgam of one part bundle of life-long Strider family trauma, one part diamond-broken half-feral troll, one part bird who doesn’t give a flip about anything else, and all parts bored.

In some ways it’s poetic, that you are here, right now, sprawled as you are so you feel the sunbeam coming in through the window of this once empty room where so many things started three years ago--still too empty, if you’ll be honest. It’s not messy enough. But there was nothing left of Dave in this space when you arrived, and you haven’t filled that spot near long enough to even start accumulating that level of clutter.

So familiar, and yet, in many other ways, it’s utterly unrecognizable.

But it’s your life now, and considering you didn’t expect to live through dying, it ain’t half bad.

The problem is you’re desperately lonely.

[Davepeta is open for asks!]

[Technically a distant sequel to [Return to Roost]]

#homestuck #davepeta #davepetasprite #davepetasprite^2 #cat's scribbles #I have a set of story beats I want to cover #with or without participation #but I figure it could be good motivation for art (and writing!) practice if anyone does #and friend encouraged actually doing the ask format so #huzzah #turntechCatnip #tc #tangentially related to post-cal #cuz our roleplay is the basis of a lot of these ideas #think of it as a kid-fic au of the au lol #junkdata

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missfinefeather · 5 years

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tenaciousDecapitator

Come to think of it, did her Land even have Consorts?

Spencer/Punisher

Are You Satisfied? by Marina and the Diamonds is a Vriska Serket song.

osm70

Let's just appreciate this fact: From her point of view, she asked John (via chat) on a date with her and then he just showed up and punched her in the face.

Wakraya

I think Crocodiles?

tenaciousDecapitator

...That'd be fitting as hell. I'll check the wiki to see if they list it.

osm70

Here's something interesting: Think of everything bad that happened so far. From the beginning to the current page of the liveblog. If you try very hard, you can technically blame everything on Gamzee.

tenaciousDecapitator

Everything can be blamed on either Gamzee, Lil Cal, Caliborn, or all 3

seer

cal exists cause of gamzee

Spencer/Punisher

I mean, Lil Cal is the root of all evil and the start of his convoluted journey was Dream Cal in Dave’s room on Derse. Which Gamzee was responsible for.

And Gamzee also raises Caliborn.

tenaciousDecapitator

How fitting that the Capricorn is left being the.....

SCRAPEGOAT

seer

gamzee is literally the only purpleblood i find disturbing

tenaciousDecapitator

In other news, the only info he Wiki has about LOMAT's consorts is that Hussie joked that they're Pooh Bears

wait wait waitwhat?

The ONLY purpleblood? You sure?

seer

curloz is great thank you

Spencer/Punisher

Gamzee is honestly the only purpleblood I dislike.

Kurloz is an evil motherfucker but I love him.

seer

chahut is hot,

Spencer/Punisher

You’re right.

tenaciousDecapitator

What about Marvus?

osm70

Let me just paste something from Reddit in here:

Gamzee is responsible for literally everything in Homestuck. He is the reason why John got the Harlequin that was used in his prototyping. That gave everything the hat. Jack killed the Black Queen because he didn't want to wear the hat. Then he destroyed the door in SGRUB. If that didn't happen: The trolls would enter the B universe. Alright, nothing too exciting here. The interesting part is that the humans would have won if Jack didn't kill the Queen. Which means they wouldn't have Scratched their session. Which means B2 would never exist. No B2 means Caliborn's soul wouldn't have entered Lil Cal. Which means Lord English doesn't exist. And it also means Doc Scratch doesn't exist. No Doc Scratch means the trolls didn't turn into a violent race. Which means the Hiveswap rebellion didn't happen. A part of the rebellion was using the "weapon" that turned out to be a portal. Not doing that means Hiveswap never happened.

seer

twins are fun, creepy but not to disturbing level

tenaciousDecapitator

gah

Don't startle me like that osm

seer

marvus is more disgusting than disturbing

Spencer/Punisher

I actually really like Marvus. He’s an alright dude.

tenaciousDecapitator

Man Friendsim really helped Purpleblood's public image huh

Spencer/Punisher

Karako is also my son.(edited)

tenaciousDecapitator

I mean they're still all murderous clowns but at least they're likable

karako is EVERYONE'S son

seer

loved evilmime before friendsim

Spencer/Punisher

Same.

Kurloz was my favorite alpha troll for a long time.

seer

karako is the best lil honk friend

osm70

Let me paste another thing from Reddit:

Most of Homestuck is just a race to see who is retroactively responsible for how much shit that was always destined to happen.

seer

and who is retroactively responsible for stuff you thought someone else was already retroactively responsible

Spencer/Punisher

This is only tangentially related to Homestuck, but who else is really worried about Hal turing-tested every time he posts something?

seer

the soy sauce thing?

Spencer/Punisher

Yes. I know that’s minor for him but s t i l l.

MissFinefeather

Hal turing-tested? Soy sauce thing?

What did I just walk into here? ^^;;;

osm70

oh,good. I am not the only one who has no idea what's going on.

Spencer/Punisher

I brought up a popular blogger who consumes things he shouldn’t on the regular.

NoBrandMinda

In a weird way, the Friendsims made me like Gamzee even less than I did already. Because before it was like, "Well, he's a purple blood. What do you expect?" But now it's like, no. Gamzee is just Like That.

Wakraya

turing-tested is just Lil Hal

seer

see him sometimes on m dash but not really check, but whenever i see Hal im concerned

Wakraya

Like, they may make you think they're a tumblr user

tenaciousDecapitator

Wow, it's almost as if having 1-2 people represent an entire blood caste was a really goddamn horrible thing

Wakraya

But they're actually just the autoresponder manifested in our reality

Spencer/Punisher

Yeah basically.

MissFinefeather

Okay :O

Spencer/Punisher

Once I sent him a hat because he sends people his address and I had money on a Hot Topic gift card I wasn’t using and he called me and told me about kin drama for ten minutes.

NoBrandMinda

btw, I missed the Page conversation, but I want to share this story because it's funny

osm70

I googled the name and I found a Tumblr blog. I legit have no idea what I'm looking at.

Spencer/Punisher

You’re at the right place.

NoBrandMinda

At some point, I made a big long post explaining why I never really cared for Tavros (which I can't share here because it talks about some stuff that happens later). But the crux of it is that Tavros reminds me of Jr. High School and is generally the exact opposite of the type of person I'd want to be.

So then a little later somebody sent me an ask suggesting that maybe my Classpect was a late-stage Page instead of a Seer, and this was my exact reaction:

In this order:

tenaciousDecapitator

Clearly that person hadn't been reading your liveblog for long

NoBrandMinda

1. Don't fucking insult me by calling me a Page.

2. What am I saying? There shouldn't be anything wrong with being a Page.

3. Reaction 1 is single most Vriska thought I have ever had about anything.

4. And then I just had to laugh at myself for a while.

MissFinefeather

Spencer/Punisher

Honestly that first one would low key probably be my reaction to getting pegged a Page.

tenaciousDecapitator

Nobody wants to be called a Page. Uneasy lies the crotch that wears the short-shorts.

Spencer/Punisher

Like I don’t have anything against Pages, per se, and I can respect it when reflecting. But like as a gut reaction?

tenaciousDecapitator

It's like being called a Bard

Nothing but negative connotations

Spencer/Punisher

I mean I did think I was a Page for like five minutes but then I realized my personality was a bit forceful for it and I didn’t really identify with any but a couple of commonly associated traits.

MissFinefeather

Well, if I found out I was a page, I'd probably be like "yeah, yeah, that's about right..."

tenaciousDecapitator

Which, in and of itself, adds to the possibility.However, as i said, you carry a lot of Heir traits too.

MissFinefeather

Honestly forget what pegged me into the Heir territory

NoBrandMinda

I know exactly what had me pegged as a Seer:

Wakraya

I can't quite remember! Was it like, the easy malleability through knowledge and positivity?

NoBrandMinda

tenaciousDecapitator

Heirs, by definition, invite change through their aspect and are surrounded by it.

MissFinefeather

xDDDDOhhhh.. okay, that does sound like me a little bit...

tenaciousDecapitator

Ergo, coupled with the Light aspect, you could invite good fortune and insight, or be surrounded by it.

Wakraya

Also, Minda, you ever considered the Mage Class?

tenaciousDecapitator

It could also be said that Heirs manipulate and change their aspect according to their whims.Mages, however, are defined by suffering through their class, such as Sollux being surrounded by a doom he could not avoid.

However, it does carry knowledge of their aspect as well.

Spencer/Punisher

The way I ended up identifying with Prince is I ended up taking Wakraya’s class quiz after only really considering Page, Rogue, and Thief and then I was like. Shit. This is me.

Wakraya

That's actually a reductive sort of way, TD"Suffering through their class" is kind of hard to be said to be the Mage's thing

When Sollux is a Mage of DoomKnowing Doom kind of is suffering its inevitabilityMages are the Active Counterparts to Seers.

Spencer/Punisher

And even then, what about Meulin?

tenaciousDecapitator

The Mage class is actually the active counterpart to Seer, apparently. They benefit from their Aspect and guide others with it.

Wakraya

Meulin is a good example

She's a good matchmaker, but she uses her insight into romantic affairs to complete her shipping chart and pair people she thinks would be cute together

Rather than trying to make meaningful relationships happen

tenaciousDecapitator

Ah, it says here that a definite difference between Seer and Mage is that Seers gain knowledge of their Aspect, while Mages receive it.

Wakraya

I mean, 'definite' is kind of hard to sayClasses aren't exactly explained much, other than what we see

So it's all mostly speculation and drawing from the story

Brb dinner though!

tenaciousDecapitator

Of course, this is all speculation.

MissFinefeather

Heh, wow, lively group today!

#hs day 138 #Missfinefeather Liveblogs #Missfinefeather reads Homestuck #liveblog #homestuck liveblog #Homestuck #Homestuck Act 6 #Act 6 #blacklist Missfinefeather

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marymosley · 4 years

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Equivalents at the Supreme Court

In a couple of 2019 decisions, the Federal Circuit appeared to expand-out the “merely tangential” exception to prosecution history estoppel. Those cases have now both been petitioned to the Supreme Court for review.

Hospira, Inc. v. Eli Lilly and Company, SCT Docket No. 19-1058. [Petition]

Whether a patentee may recapture subject matter via the doctrine of equivalents under the “tangential relation” exception by arguing that it surrendered more than it needed to during prosecution to avoid a prior art rejection, even if a claim could reasonably have been drafted that would literally have encompassed the alleged equivalent.

CJ CheilJedang Corp. v. International Trade Commission, SCT Docket No. 19-1062. [Petition]

Whether, to avoid prosecution history estoppel under Festo, “the rationale underlying the amendment” must be the rationale the patentee provided to the public at the time of the amendment.

The doctrine of equivalents [DoE] is fairly complicated by itself because of the element-by-element function-way-result test and the limit on vitiation of claim elements. DOE is further complicated by the prosecution history estoppel [PHE] that creates a presumption against equivalents associated with narrowing claim amendments made during prosecution for a “substantial reason related to patentability.” In Festo, the Supreme Court explained that courts should presume estoppel based upon a narrowing amendment. However, the patentee may avoid the estoppel by providing evidence that the “rationale underlying the [narrowing] amendment … bear[s] no more than a tangential relation to the equivalent in question.” Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722, 740 (2002) (TAN). In prior posts, I called this expansion [DoE]; retraction [PHE]; re-expansion [TAN] process DoePHETAN. The complication comes from the courts who – as I previously explained “wanted to empower patentees with the doctrine of equivalents but then became afraid that they had gone too far” and perhaps given too much power to a jury.

The petitions here are powerful and their parallelism may create interest from the court. Unfortunately, neither call for simplifying this process but rather ask for more detailing — What is the meaning of “tangential?”; At point must the “rationale” be declared?

= = = =

Recent DOE Decisions from the District Courts: Steyr Arms, Inc. v. SIG Sauer, Inc., 17-CV-483-JD, 2020 WL 905534, at *4 (D.N.H. Feb. 25, 2020) (court rejects DoE claim because the accused “pin” was not sufficiently structurally similar to the claimed “bridge”).

Speedfit LLC v. Chapco Inc., 215CV1323PKCRLM, 2020 WL 758824, at *2 (E.D.N.Y. Feb. 14, 2020) (patentee waived DoE claim after failing to include it in its pretrial infringement contentions).

KAIST IP US LLC v. Samsung Elecs. Co., Ltd., 2:16-CV-01314-JRG, 2020 WL 731360, at *7 (E.D. Tex. Feb. 13, 2020) (confirming jury verdict — finding that “the jury had substantial evidence from which to find infringement under the doctrine of equivalents.”).

Epistar Corp. v. Lowes Companies, Inc., LACV1703219JAKKSX, 2020 WL 771096, at *9 (C.D. Cal. Feb. 11, 2020) (unequivocal disclaimer during prosecution will bar DoE).

ViiV Healthcare Co. v. Gilead Scis., Inc., CV 18-224-CFC, 2020 WL 567398, at *3 (D. Del. Feb. 5, 2020) (refusing to apply the disclosure-dedication rule)

Equivalents at the Supreme Court published first on https://immigrationlawyerto.tumblr.com/

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epistolizer · 6 years

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Hit & Run Commentary #10

President Trump’s immigration policies are being cast as the villain in the saga of a 39 year old father being deported after having been living undocumented in the United States since he was nine years old. How about much of the blame being placed on the Obama administration and the court system pussyfooting around for nearly a decade with one repeated stay after another instead of decisively settling this case? Perhaps this example ought to serve as a reminder to all of us that this governing by kicking the can down the road cannot go on forever indefinitely.

Albert Mohler posted an article titled “Moralism Is Not The Gospel But Many Christians Think It Is”. If that is the case, isn’t that more the fault of professional religionists such as himself rather than the mere pewfillers often forced to abide by an extensive list of regulations if they desire to remain in the good graces of those wielding authority? Sometimes these requirements are, at best, merely tangentially related to anything explicitly stated in Scripture or, at worst, the mere opinions of the ecclesiastical staff. If the mere pewfillers are the ones coming off as judgemental about enforcing nitpicky rules, it is often because they have been forced to live under the most stringent requirements their entire lives while they are passed over in terms of position, opportunity, or even attention in favor of newcomers and the like who (though perhaps sincerely Christian) are not held to the same standard as those that have bought into what is being taught from the pulpit that believers must act a certain way and if you don’t you aren’t likely one. Right or not, those told that it’s evil to date and further bashed from the pulpit if they are then not married by the age of 24 are going to raise an eyebrow in resentment if they see the pregnant teen moms fawned over with babyshowers.

In a review of “Thor: Ragnarok”, homeschool activist Kevin Swanson condemned the superhero genre for depicting Germanic gods. One can legitimately point out how these films promote a version of ancient alien hypothesis in that Thor is depicted as an extradimensional entity. But the movies do not really depict Thor as an actual god or that your child is likely to abandon their Christian faith if they happen to enjoy these sorts of costumed adventures. In the first Avengers movie, didn’t Captain America say that there was only one God and that he certainly wasn’t Loki? Even if movies consisted of nothing more than accurate detailed depictions of Bible stories, would those of this sort of hardline mentality accept that or would they find something else to gripe about. Coming to mind particular are fundamentalist objections to “The Passion Of The Christ” and criticism of Roma Downey’s series “AD”.

In his review of “Star Wars” The Last Jedi”, homeschool activist Kevin Swanson lamented that parents should not be surprised if after steadily watching these sorts of films that their children walk away from the church. That is because watching these films is the epistemological equivalent of regularly attending a mosque and then converting to Islam. First, if Swanson wants to remain consistent with his Calvinist soteriology, doesn’t he have to admit that those walking away from the faith as a result of allegedly being exposed to Star Wars were never intended to rank among the predestined to begin with? Second, in his remarks does Swanson intend to criticize those Christian leaders that for decades level condemnation against those believers that would have been drawn towards creative pursuits such as literature and filmmaking?

Isn’t the greater outrage not that a Trump appointee to Americorps articulated blunt remarks over how protected demographics often live their lives at variance with majoritarian preferences but rather that this constitutionally dubious agency continues to exist?

Al Sharpton said the integrity of Evangelicals that support President Trump. But does a “minister” that advanced the lies of Tawana Brawley and stoked the burning of Freddie’s Fashion Mart possess any integrity himself?

President Trump is now being accused of speaking in an Indian accent to imitate the Prime Minister of India. If that is to be condemned, will similar criticisms be leveled against those that spoof the President’s own elocutionary idiosyncrasies such as his oddly shaped lips and sounding hoarse much of the time?’

If all countries are to be viewed as possessing equal quality with no one allowed to admit what these places are really like, aren’t those that vacation in Bermuda, Aruba, or the Bahamas but not Hati even more racist than Donald Trump?

If President Trump does not want his offspring criticized in the media, perhaps he should utilize other minions as his policy advisors and enforcers.

A Washington Post column laments in the title, “Trump Evangelicals Have Lost Their Gag Reflex”. Shouldn’t these establishmentarian elites be the first to celebrate religious conservatives for having advanced their sense of political sophistication to the point that distinction is now made between an elected official’s policy positions and personal moral failings? Didn’t the liberal pundits used to pine how they wished America could be more like France where no one cared how many mistresses a high official might have bedded? If Evangelicals now downplay the importance of private virtue in public life, it is for the most part for having been ridiculed for decades how if they didn’t let go of their outdated morality particularly in regards to sexual ethics, they would forever consign the Republican Party to electoral defeat. For were not influential media outlets the ones that depicted public officials that consistently lived by their professed values such as Ted Cruz, Michele Bachmann, and Rick Santorum as something akin to a Sasquatch with communicable leprosy?

For Afrosupremacisit Propaganda Month, a Vermont school has announced it will fly the Black Lives Matter flag for the month of February. Mind you, these are the same sorts that threaten renewed rounds of looting of hair care product providers and electronics retailers unless every remaining remembrance of the Confederacy is removed from public view.

The growing concern is that social media is potentially harmful to democracy. This perspective is now so pervasive that even the Facebook corporate office concurs. Do the propagandists in in the mainstream engage in the same degree of manufactured outrage when it comes to the dangers posed by centralized hierarchical journalism and media analysis?

If so-called “Indigenous People” cannot celebrate Columbus Day because of the mistreatment received at the hands of European colonizers, why should European-Americans support Indigenous People Day because of the mistreatment innocent settlers experienced at the hands of heathen savages?

President Trump has been accused of an alleged affair with a pornstar. If true, talk about low hanging fruit. It doesn’t say much as to the prowess of your manhood and skills as a lover to bed a woman that will not only sleep with anyone for the right amount of money but also allow the encounter to be videoed.

Celebrity Chef Gordon Ramsay announced that he lost over 50 pounds over fear that his girth would cause him to lose his wife to another man. Frankly, it sounds like she is not worth keeping. Where is the media outrage that would have erupted about fat shaming and positive body image if it was his wife that felt similar pressure to lose weight in order to save her marriage?

In a broadcast commentary transcript, Cal Thomas concluded, “You may not like his behavior. You may not like his personality. But you cannot deny the objective results. This President in his first year in office is bringing about real change that is promoting the general welfare.” So is Thomas now saying that the health of a nation is determined solely in terms of materialistic financial statistics? The promised wall is no more closer to being built, proposals are being suggested for what will essentially amount to yet another amnesty, and (as usual) the State of the Union promises to be a litany of yet additional handout programs that the country can no longer afford. As a self-professed student of Francis Schaffer, one would think Thomas would know better. Does Thomas renounce the inclusion of his name in an edition of National Review published prior to the election suggesting that a Trump presidency would mark the ruination of the Republic?

During the 2018 State of the Union Address, Democrats booed President Trump’s remarks that immigration policy should consider quality individuals or nuclear family units rather than import entire slum villages as results from chain migration. If Joe Kennedy III is stepping forward to spearhead the antithesis of the Trump agenda, perhaps hundreds of migrants can be warehoused on the numerous spacious Kennedy family properties.

Fascinating how liberal agitators demand the remainder of the country refrain from comment when Columbus Day is rebranded as “Indigenous People Day” in urban cesspools of multiculturalism but they have no problem imposing their New York values upon the bastions of the Confederacy when it comes to what memorials will be allowed to remain on public property.

At an event titled “The People’s State Of The Union”, celebrities, activists, and social justice front groups converged to reinforce amongst themselves just how much they despise the idea of others enjoying a standard of living just above that of mere squalor to the point that they are advocating violent Communist upheaval. For if these limousine revolutionaries really gave the proverbial rodent’s rear shank about actual poverty, wouldn’t they have actually instead directed the resources needed to give themselves a gigantic pat on the back to actual poor people?

Did the thought police all jacked out of shape at a racially questionable sweatshirt sold on line ever get around to expressing similar degrees of outrage regarding the knockout game or the looting of businesses over unpopular trial verdicts?

Pope Francis repeatedly lectures the West about defending the oppressed and downtrodden in terms of throwing borders open to swarms of migrants and refugees. Yet in regards to the persecuted in Red China he certainly doesn’t mind turning the proverbial blind eye in terms of forcing two underground bishops to step down and granting Vatican approval to the bishops of the Chinese Catholic Patriotic Association.

A Super Bowl commercial proclaimed the following: "You come with open minds and the instinct that we are equal. Some people may see your differences and be threatened by them. But you are unstoppable. You'll love who you want. You'll demand fair and equal pay. You will not allow where you come from to dictate where you're going. You will be heard, not dismissed. You will be connected, not alone. Change starts now." Does that include Roy Moore loving whom he wanted to love in his younger days? And what of those now advocating bestiality, necrophilia, and these reports of a man fathering a child with his own 20 year old daughter? Will those that disagree with this predetermined agenda be guaranteed the same right to be heard and not dismissed or will that privilege only be granted to those acquiescing to the preferences of nefarious cabalistic elites? For what if the individual approaches the evidence and articulated justifications with this supposedly open mind and he concludes that the change needed is not to the extent advocated by the nihilistic vanguard?

Amusement Park King’s Dominion will no longer be referring to its classic wooden roller coaster as “The Rebel Yell”. Such an allusion to Confederate heritage might unduly trigger the weak minded and sociologically delicate. Instead the attraction will be renamed “Racer 75”. Just how much longer will this stupidity continue? Should the entire park be renamed since “King” refers to not only monarchy but one ruled over by a patriarchal figure without paying due homage to the gynocracy for the atrocities committed in the name of phallocentrism. And shouldn’t the name “Racer 75” also be considered offensive? For does not “Racer” imply a competition based on speed with that quantifiable measurement used to determine such potentially psychologically damaging categorizations such as winter and loser. Lastly, since the 75 is a chronometric recognition of when the ride was built, shouldn’t that also be considered offensive since that measurement is ultimately a relativistic one calculated through tabulation of the temporal interval having elapsed from that moment back to the existence of Christ?

By Frederick Meekins

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chrisbowler · 7 years

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Year End Planning

Forget about goals. Instead, focus on habits. This is a common refrain of late. The likes of James Clear, Shawn Blanc, and Nir Eyal all make the case for habits being greater than goals.

I won’t go so far as to tell someone to not set goals. But I do agree that habits are what will enable you to meet your goals. I still like to set an end destination in mind, but I’ve finally begun to see how powerful — and vital — the habits and routine are for getting to the finish line.

What has made the most difference for me is running in 2017. My year looked a little like this:

I got into using Strava based on Rian Van Der Merwe’s recommendation

This got me running a little more regularly as I enjoy the stats aspect of these fitness apps

Having friends who used Strava was incentive to run more, especially those folks who could run faster or further than me (I’m a competitive type)

A friend was planning to run in a half-marathon event, so I set the goal to run the same distance at the same time

I made a plan, then ran the 21 KM a few weeks early

From there, I decided I might as well go for the real thing and run a full marathon in 2018

Keeping a pretty regular rhythm to my weeks is something I’ve done for some time (as regular readers have likely noticed — I talk about this stuff a lot). So all of that to say the biggest key for me seeing progress was one thing: running regularly. Putting in a plan to incrementally increase how often or how far I was running has made a significant difference.

In November 2016, I ran to my church and back for the first time. A distance of 14 KM. It was a big jump in my distance at that time and was a significant milestone. In November 2017, my average runs are 15 KM and quite comfortable. And all because I’ve been running 3 times per week.

So as we get ready for the end of this year and the start of the next, I wanted to share a number of articles I’ve enjoyed the past 12 months. They’re all focused on the themes of habits and rhythms and how to ensure you actually accomplish the things that are important to you.

Related Reading

Stop Setting Goals (Do This Instead)

This focus for me was triggered last week by this article. To be honest, I’m not crazy about the writing and the post is not incredibly insightful compared to other authors. But the section titled “The power of daily habits” got me thinking about the topic again.

Also note that by the end of the article, he admits that he sets goals now. And that’s fine. But when you realize that daily (or weekly) actions are what will actually help you get where you want to go, there also needs to be a recognition that you need to be selective.

You only have so much time to fit new habits in your day (unless you have a lot of time you're currently wasting). And itâ€™s not wise to try to build multiple new habits at the same time. So if you want to write a book in 2018, writing daily is all the change you can likely handle.

Choose carefully!

How to Build a New Habit: This is Your Strategy Guide

I mentioned James Clear in the opening of this newsletter. He’s been a very consistent voice on this topic. This post is a bit of a summary of his writing on this topic and includes a lot of links. But I also wanted to share a few of his articles I’ve read or had sitting in Instapaper from the last 12–18 months.

Identity-Based Habits: How to Actually Stick to Your Goals This Year

The Akrasia Effect: Why We Don’t Follow Through on What We Set Out to Do and What to Do About It

Successful People Start Before They Feel Ready

Forget About Setting Goals. Focus on This Instead.

The Difference Between Professionals and Amateurs

You’ll see a similarity between these posts, but that’s a good thing. James is consistent with his message.

Tangentially Related Items of Note

The Power of Anti-Goals (How I designed my perfect day by fixating on what I hate)

Andrew Wilkinson makes the case for focusing on what you don’t want to do with your life. He summarizes it this way:

How I designed my perfect day by fixating on what I hate

This could be a useful tool when it comes to choosing what habits you want to establish. Or, which ones you need to cut out.

Take a Load Off: The Missing Key to Productivity Is Reflection

While doing is what we’re talking about here when it comes to habits, it’s vital to remember to take time to reflect. That’s exactly what makes this time of year so enjoyable for me.

Jocelyn K. Glei puts it well in this article.

In order to stop doing busywork and start doing our best work, we have to make a point of scheduling in regular time for reflection.

You’ll note that she alludes to the opposite in the Tweets of the Week above. There is a delicate balance to be found between planning and doing, between process and outcomes. But to just simply do all the time without ever reflecting on why or how is foolishness.

How A “Zero-Based” Calendar Can Supercharge Your Productivity

When you begin to consider the idea of focusing on habits over goals and projects, it’s hard not to move to discussing your calendar as well. I’ve talked about this a good bit over the last year (thanks to proponents of the idea like CJ Chilvers, but it just makes sense with this approach to achieving your goals.

Habits work best in a regular rhythm to your days & weeks. This is why Matt Perman includes two full chapters on setting up your weeks in What’s Best Next (titled Setting Up Your Week and Creating the Right Routines). Cal Newport and the folks interviewed in this article above are also proponents of making your calendar the place where you put your focus.

Not your task list.

My hope is this post and the content it points to will be helpful for you as you reflect. I know I’m going to enjoy the week between Christmas and New Year’s Day just resting mentally and envisioning the year to come. I hope you get a chance to do the same!

And let me close with this reminder: this is not just about your career! It’s so easy to read about focus and achieving goals and success and then apply that to our work life. But anyone who takes these ideas and applies them 100% to their career will likely end up feeling empty in the long run … even if they find success.

We’re more than our jobs. Let’s remember that as we plan for 2018. Your family, friends, coworkers, and physical & mental health all need as much (or more) attention as your profession.

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bzalma · 4 years

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Books Needed by the Insurance Claims Professional from Barry Zalma Posted on

November 2, 2020

Barry Zalma

New & Important Books for Everyone Involved in Insurance & Insurance Claims

Over the last 53 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it for insurers and their claims staff to become insurance claims professionals.

California SIU Regulations 2020

The State of California Imposes Control on the Investigation of Insurance Fraud Effective October 1, 2020 – New Regulations to Enforce Statutes Requiring Insurers to Maintain a Special Investigative Unit

California SIU Regulations 2020 is designed to assist California insurance claims personnel, claims professionals, independent insurance adjusters, special fraud investigators, private investigators who work for the insurance industry, the management in the industry, the attorneys who serve the industry, and all integral anti-fraud personnel working with California admitted insurers who must comply with the requirements of California SIU Claims Regulations that were rewritten and made operative October 1, 2020.

The state of California, by statute, requires all admitted insurers to maintain a Special Investigative Unit (an “SIU”) that complies with the requirements set forth in the Special Investigative Unit Regulations (the “SIU Regulations”) and train all integral anti-fraud personnel to recognize indicators of insurance fraud. It is necessary, therefore, that insurance personnel who are engaged in any way in the presentation, processing, or negotiation of insurance claims in California to be familiar with the SIU Regulations.

The state has imposed on all claims personnel duties to deal with insurance fraud if the insurers are doing business in the state. California licensed insurers are required by California Insurance Code Sections 1875.20-24 and California Code of Regulations, Title 10, Sections 2698.30 -.41 to establish and maintain Special Investigative Units that identify and refer suspected insurance fraud to the California Department of Insurance (CDI) and directly to the local California County District Attorney’s Office for workers’ compensation only. The regulations also require each insurer to submit an SIU Annual Report to CDI which provides important information regarding the insurer’s SIU anti-fraud operations, procedures, and training material. The SIU Compliance Review Program evaluates the accuracy, completeness, and timeliness of the report. The reports are used to conduct a risk assessment to help determine which insurers are selected for SIU compliance review. R

The Appendices include outlines to be used by a staff member of the insurance company SIU, its trainers, educators, or lawyers to present a training class for all of the “integral anti-fraud personnel” of the insurers as defined by the SIU Regulations. Insurers must understand that every claims employee must be trained in accordance with the requirements of the SIU Regulations no later than 30 days after the person is hired and annually thereafter. As it is not economically reasonable to train one new employee California SIU Regulations 2020 cam provide the needed training without the additional expense of a training class for one or two persons.California SIU Regulations 2020, and its appendices, will provide the insurer and its staff with the information needed to comply with the SIU Regulations and will provide the training required for what the SIU Regulations describe as an insurer’s “integral anti-fraud personnel.”

Available as a Kindle book here.

Available as a paperback here.

The California Fair Claims Settlement Practices Regulations 2020

The Reasons Why the California Department of Insurance Imposed the Regulations

In 1993, after waiting five years after receiving direction from the California Supreme Court, the state of California determined that the insurance industry needed to be regulated to stop insurers from treating the people insured badly and without good faith. It created a set of Regulations called the “California Fair Claims Settlement Practices Regulations” (the “Regulations) that were designed to enforce the mandate created by the California Fair Claims Settlement Practices statute, California Insurance Code Section 790.03 (h). in response to the direction of the California Supreme Court in its decision, Moradi-Shalal v. Fireman’s Fund Ins. Companies, 46 Cal. 3d 287 (1988).

In so doing the California Department of Insurance (CDOI) issued rules that were designed to micro manage the business of insurance claims and create a method to punish those insurers who failed to comply with the Regulations. Some of the Regulations recited what had always been recognized by the insurance industry as good faith and proper claims handling. Others imposed draconian mandates on what and when to do everything in the claims process.

The Regulations also provided a guide to insureds, public insurance adjusters and policyholders’ lawyers to assert any violation of the Regulations to be evidence of an insurer’s breach of the implied covenant of good faith and fair dealing.

The Reason for This Book

This book was designed to assist insurance personnel who do business in the state of California.

It will provide advice to:

•all insurance claims personnel, •claims professionals, •independent insurance adjusters, •special fraud investigators, •private investigators who work for the insurance industry, •the management in the industry, •the attorneys who serve the industry, •public insurance adjusters, •policyholders and •counsel for policyholders working with insurers doing business in California the information needed to properly, efficiently, and fairly resolve insurance claims.

All insurers doing business in California must comply with the requirements of the Regulations or face the ire of, and attempts at financial punishment from, the CDOI. That punishment was found to be questionable and limited because of one courageous insurer who fought the CDOI and succeeded before an administrative law judge who limited the right to punish. That success, as far as I have been able to determine, has not been emulated.

Regardless of difficulties in assessing punishment the state of California requires all who are involved in the claims process — even if only tangentially — to be trained with regard claims handling in compliance with the Regulations and attest to completion of such training under oath. To avoid the required annual training the claims person can submit a sworn document to the insurer or insurers for whom the claims person works that avers that he or she has read and understood the Regulations.

Reviewing this book, the Regulations and commentary set forth below should be sufficient to comply with the training requirements of the Regulations.

It is necessary that insurance personnel who are engaged in any way in the presentation, processing, or negotiation of insurance claims in California be familiar with the Regulations. Counsel for insurers and policyholders should also be familiar with the Regulations since they establish a minimum standard for claims handling in the state.

There is also an outline for a training course in the appendix.

Available as a paperback

Available as a Kindle Book

“Zalma’s Mold & Fungi Handbook”

Understanding mold, fungi, and bacteria infestations and what to do about them.

This book is the latest addition to Barry Zalma’s series of books and articles that form the most thorough, up-to-date, expert-authored guides available today about damage to structures and injuries to people by mold, fungi, bacteria or viral infections.

Zalma’s Mold and Fungi Handbook deals specifically with the issues relating to mold, fungi, and bacterial infestations and provides a detailed examination of the substances, their potential for property damage and bodily injury.

Written by nationally-renowned insurance coverage and insurance claims expert, Barry Zalma, a semi-retired insurance coverage attorney, insurance claims consultant, insurance claims expert witness, author, videoblogger and blogger. Zalma’s Mold and Fungi Handbook provides in-depth explanations, analysis, examples, and detailed discussion of:

•Mold; •Fungi; •Bacteria; •Mold, fungi and bacteria insurance claims; and •Mold, Fungi, and Bacteria litigation.

Thorough, yet practical, this book forms the ideal guide for any property owner, professional who works in or frequently interacts with the repair or remediation of mold, fungi or bacteria infested property. It is also of use to every insurance underwriting, sales or claims professional and any lawyer involved in the construction industry or who is involved in construction defect litigation dealing with mold, fungi or bacterial infestations. Business owners, whether they own or rent property, will benefit greatly from the The Mold and Fungi Handbook. It is the perfect resource for insurance educators, trainers, and students whose role requires an understanding of mold, fungi and bacterial infestations.

The author has provided checklists, and information and references to statutes involved with mold, fungi or bacteria.

This, Zalma’s Mold & Fungi Handbook was written to help anyone faced with property damage or bodily injury as a result of exposure to mold, fungi or bacterial infestations. It was also written to assist in the presentation of claims to tortfeasors and insurers for the damages to property or persons.

Kindle Edition

Paperback Edition

“Getting the Whole Truth: Interviewing Techniques for the Lawyer”

by Barry Zalma, Esq., CFE

Learn techniques that can help you interact with others and effectively gather the facts you need.

The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training.

Getting the Whole Truth teaches lawyers–from novices meeting their first clients to experienced trial lawyers–effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.

$59 NON-MEMBERS, $44 MEMBERS

Barry Zalma, Esq., CFE, now limits his practice to service as an insurance consultant specializing in insurance coverage, insurance claims handling, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He also serves as an arbitrator or mediator for insurance related disputes. He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 52 years in the insurance business. He is available at http://www.zalma.com and [email protected].

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Over the last 52 years Barry Zalma has dedicated his life to insurance, insurance claims and the need to defeat insurance fraud. He has created the following library of books and other materials to make it possible for insurers and their claims staff to become insurance claims professionals.

https://zalma.com/zalmas-insurance-fraud-letter-2/Read last two issues of ZIFL here.

Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921

Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts

Listen to the Podcast: Zalma on Insurance https://anchor.fm/dashboard/episodesZalma on Insurance

Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg/

Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkV7pkuOtkiv6oakpgK33CNlNAYW-WBlLCOZFtgvpSdcL7R-tsWKfMVqG6fEuvmM7Hh7gUEJ7yKOdgHDbGl_cGAU%3De-mail Version of ZIFL, it’s Free! –

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bzalma · 4 years

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Newest Book from Barry Zalma on the Fair Claims Settlement Practices Regulations

Posted on September 11, 2020 by Barry Zalma

The California Fair Claims Settlement Practices Regulations 2020

The Reasons Why the California Department of Insurance Imposed the Regulations

The Reason for This Book

This book was designed to assist insurance personnel who do business in the state of California.

It will provide advice to:

Reviewing this book, the Regulations and commentary set forth below should be sufficient to comply with the training requirements of the Regulations.

There is also an outline for a training course in the appendix.

Available as a paperback

Available as a Kindle Book

Mr. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.

Read posts from Barry Zalma at https://parler.com/profile/Zalma/posts

Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg/

Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library/

Subscribe to e-mail Version of ZIFL, it’s Free! –

https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkV7pkuOtkiv6oakpgK33CNlNAYW-WBlLCOZFtgvpSdcL7R-tsWKfMVqG6fEuvmM7Hh7gUEJ7yKOdgHDbGl_cGAU%3D

Read last two issues of ZIFL here. https://zalma.com/zalmas-insurance-fraud-letter-2/

Go to the Barry Zalma, Inc. web site here https://www.zalma.com/

Listen to my podcast, Zalma on Insurance, at:

https://podcasts.google.com/?q=zalma%20on%20insuranceZalma on Insurance –

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