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#(a deadline which is more often than not completely arbitrary!!!)
frettchanstudios · 1 year
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It has already been a year since the unveiling of the mural I designed titled "Connections", located in the French Quarter of New Orleans (you'll have to go back to read about it). It was a monumental moment in my life and career and I look back on it still blown away that I had that opportunity. On the same day I ate oysters for the first time and I haven't had a good oyster since. Before I left, Consul General of Canada, Dr. Rachel McCormick suggested that maybe one day I could create a piece inspired by my experience. I am about 90% done this painting (I've made it blurry on purpose to maintain some sort of wonder). This project has made me take a step back and realize how much I love to add intricate details to my work. Often by the time I get to do a passion project I'm just too burnt out. I haven't painted something this detailed in years and even then this has to be the most detailed piece of work that I've done. I set an arbitrary date, April 4th, to have it completed by, but I started stressing myself out for no reason other than I wanted to have it completed today, which is silly. Deadlines are great, but not everything needs to be rushed. So I decided to sit back and really see how much I could push myself to add those finer details and take more time to develop my work and I'm so pleased with how it is coming along. I cannot wait to share the final work when I'm ready to call it done. Sorry for the tease!
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wickedhawtwexler · 3 years
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actually i was lying the other day when i said programming isn't my passion. i actually am very passionate about programming when i get to work on exactly what i want to work on and can drop it as soon as i lose interest
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voiceless-terror · 4 years
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Of Deadlines and Drama
For @jontim-week Day Three: Late
Rating: T
Words: 2.5k
Summary: Jon’s has trouble with his expenses. Tim helps out. 
“Late again? Really, Jon?”
“I know, I know!” Jon types as fast as his shaking hands will allow, but it’s no use. It’s Wednesday and its half past twelve, meaning Rosie will not be accepting his expense report under any circumstances. She’s a stickler for deadlines- at least, when it comes to Jon. They’ve never been on the best of terms, but ever since what Jon has deemed ‘The Incident,’ she’s been downright unpleasant. 
“I thought you set an alarm this time!” Tim says, coming over to lean against his desk. Tim has an alarm for everything - waking up, eating, exercising, going to bed. Jon doesn't know how he stands it. “I didn’t hear anything go off.”
“I might have told you I set one,” he winces, avoiding Tim’s eyes. “And then forgot to.”
“Jon, Jon, Jon…”
“Don’t triple Jon me!” he snaps, attempting to focus on the meaningless numbers in front of him. “I’m stressed enough as is. God, Elias is going to kill me…”
“Why are you trying to impress him?” Tim plops down in the chair beside him and props his feet up on Jon’s desk, raising an eyebrow. He looks infuriatingly handsome in his button up and sweater, a look that Jon has tried to emulate, only to achieve ‘overworked librarian.’ “The only person you should be trying to impress is me. Your boyfriend. The light of your life, the reason you get up in the morning-”
“The reason these are going to be even later than usual,” Jon snaps and knocks Tim’s feet off of the desk with a sharp elbow. Tim yelps and throws Jon a hurt look that he tries and fails to ignore. “I’m sorry. You did tell me to set an alarm. It’s just...these things get away from me.”
“I know.” Tim’s face softens as he scooches his chair over and leans forward, resting his arms on his thighs. “How can I help?”
“You can convince Rosie to accept these. You’re very persuasive.” He turns and gives Tim his best doe-eyed look, though he already knows the answer.
“I am persuasive, aren’t I?” Jon ignores his preening. “But that’s not going to work. You know as soon as she sees your name…”
Jon sighs, resting his chin in his hand. “Yes, I know.”
“What did you do to her, Jon? Run over her dog? I know they scare you, but still...”
“They don’t scare me,” Jon lies, pointedly looking away. “I just...would rather not have them near my person. And you know I can’t drive.”
“What then?” Jon says nothing, focusing instead on chipping away at a small scratch in the wood of his desk. The whole thing’s rather embarrassing, and he’s gone this long without telling anyone. Tim moves his chair even closer, nudging it against Jon’s and squishing him into his desk. He’s effectively trapped.
“C’mon. Pleeease?”
Jon sighs at the wheedling tone. “I...may have snapped at her.” 
“You do that with everyone, though. Unless you said something especially heinous...” Another nudge to his chair. 
“And then... stumbled.”
“...okay?”
Jon closes his eyes. “And spilled my tea all over Elias’s mail.”
Tim guffaws, as expected, and Jon can feel his face warm. It certainly wasn’t his proudest moment, he can still hear Rosie’s screeching and his own stammered apologies. “That’ll do it! God, I wish I’d seen that.”
“It was incredibly embarrassing, and I’m glad you didn’t. Elias wasn’t in, thank god.”
“You could’ve gotten it all over one of those posh suits he wears.” Jon shudders at the thought. Elias is fastidious about his appearance, he would’ve been fired on the spot. Starting to feel claustrophobic, Jon pushes back against Tim’s chair to give himself breathing room and tries to refocus. He’s dawdled long enough.
Tim hums. “Hmm, maybe…”
“Maybe what?” He tucks his head over Jon’s shoulder, probably eying the obvious errors in his report. Jon’s never been good with numbers. 
“Rosie doesn’t accept expenses after twelve, that’s true. But…” Tim trails off, definitely relishing in the small twitch in Jon’s eye when he does it. He enjoys riling him up, and he’s very good at it. Jon contains the urge to elbow him in the stomach.
“But what?” He’s starting to sound like a broken record. 
“But she doesn’t actually give them to Elias until three or four.” Tim smirks at his affronted gasp. Jon’s never been that late, but Rosie’s always going on about ‘deadlines being very important to Mr. Bouchard’ and ‘I’m sorry I just can’t accept these so late, I’ve already given him the pile.’ Jon’s wallet has paid the price for this on more than one occasion- he counts on those reimbursements, and it often leaves him short on cash for the rest of the week. Tim will pick up the check on those days, waving off Jon’s protests and trying to assuage his guilt. Before he can start raging about the newly-discovered arbitrary deadline, Tim cuts in.
“But if I distract her, you can slip them in her little pile and she’ll be none the wiser!” Tim gives him a cheeky grin. It’s...not a bad plan, but Jon’s hesitant at the thought of pulling one over on his boss’s secretary.
“Or I could just wait until she goes to the bathroom and do it then.” Tim’s face falls at the suggestion.
“Or I could distract her.” 
Ah. So that’s what this is about. They haven’t been on an investigation in weeks, and he always gets restless when they’re cooped up in the institute. And a bored Tim is a dangerous Tim.
“C’mon, it’ll be fun! This way we can control the scenario, make sure you have enough time to get in and out.”
Jon raises an eyebrow. “And what if she sees through your antics?”
Tim gives a dramatic gasp, rearing back in his seat and just barely missing a passing librarian. “Are you doubting my acting skills? I’ll have you know you aren’t the only theater kid in this place. And I didn’t want to bring it up, but...you owe me.”
Jon’s heart drops. Of course. Jon can’t coast along on his boyfriend’s paychecks, that’s asking too much. It’s his fault he’s in this predicament, and honestly, he should be thanking Tim for even offering.
“For bailing on that stakeout.” 
Jon pauses, and promptly dismisses his guilt. “I was sick! From a cold you gave me, might I add-”
“Technicalities.” Tim waves a dismissive hand. “C’mon. Do me a favor. Let your boyfriend save the day. Please?” He does his best impression of a kicked puppy, and Jon’s almost afraid he’ll go down on his knees to complete the look.
“Fine,” he sighs, ignoring the answering cheer. “If you must. But how are you going to-”
“Don’t you worry your pretty little head about it,” Tim winks, jumping up from his seat and throwing his bag over his shoulder. “Leave it to me. Finish those up, and I’ll be back before you know it.” He’s already halfway through the door before Jon can say thank you, and only pauses to call back “Have Sasha check for typos! Love you!”
Jon scowls at the snickers that follow this statement, and turns back to his screen. The numbers blurred together, and he’s pretty sure he’s subtracted when he should’ve added. It’s a wonder he ever gets these done at all. 
“Sasha? Can you look at this for me?”
_________
Tim promptly comes back with coffee (which Jon knows he hates) and cronuts, dropping one off at Jon’s desk. “She won’t be able to resist,” he promises with a peck to Jon’s cheek. “When you see us in the hallway, that’s your cue!”
In spite of himself, he starts to feel a little excited. Tim’s exuberance is contagious, and while not as thrilling as an investigation, Jon’s not above a bit of petty revenge. Not even revenge, really, more justice for the pain and suffering of his bank account. And not ten minutes later, Tim and Rosie are chatting amicably as they walk past the library, cronuts in hand. He feels the slightest bit of envy at how easily Tim can make friends, but tamps it down as he tiptoes up the stairs and over to Rosie’s desk. Elias’s door is thankfully closed.
And her desk is...empty. Immaculate. Nothing but a tiny notepad and her usual knickknacks, not a paper in sight. Fuck. Had she already given them to Elias? Is Jon too late? Did Tim waste money on coffee and cronuts for nothing? Calm down, he tells himself, willing his heart to slow. Just...have a look around. 
He tries not to feel too guilty as he rummages through her mail trays and under her place mat. There’s nothing too personal, though he averts his eyes at a list entitled New Year, New Intentions.  It’s when he finally turns to the drawers that he sees it- the corner of a file folder, sticking out of the bottom drawer. Please be it, please be it. He tugs it out, wincing at the small tear it causes and aha! He’s found it. A pile of neatly clipped expense reports is nestled inside, and all he needs to do is stick his in the middle where she can’t see and he’ll be fine-
“Jon?”
The voice startles him so badly he lets out a little yelp, the folder flying from his hands and papers littering the floor around him. He puts a hand on his chest to calm his racing heart and turns around to find Elias, who’s just caught him snooping through his secretary’s desk like a little thief. Jon didn’t even hear the door open. Oh god. I’m fucked. I’m fired.
“I-um, h-hello! Elias.” He gives an awkward little wave and immediately curses himself for doing it. It’s like he’s suddenly forgotten what normal people do with their hands. “I was just...looking for a pen. T-To write Rosie. A note.” 
“A note.” Elias raises one eyebrow, and it’s clear he doesn’t believe a word coming out of Jon’s mouth. To be fair, Jon wouldn’t either. When put on the spot, Jon can’t lie to save his life. “And this file…?” He bends down to pick up the folder clearly marked ‘Expenses’ in bold, black print. Jon winces.
“It...fell out?”
“Oh, Jon.” Elias tuts, and Jon refrains from full body flinching. He has a particular hatred of being scolded, and especially by Elias, of all people. The man he’s desperate to impress, who holds his job in his hands. “There’s no need for the ruse. Deadlines aren’t exactly your strong suit, are they?”
“No,” he mumbles, the words barely audible as he struggles to meet Elias’s eyes. He loves having his flaws pointed out to him. Loves it. “I’m sorry.”
“However, you do fine work.” Jon blinks and there it is- a rare, indulgent smile. It’s incongruous with those strange, cold eyes, but it makes Jon feel better all the same. “You’re one of our best researchers. But if you want to move up in the world, timeliness is of the utmost importance, yes?”
“Y-Yes,” Jon stammers, nodding his head up and down like a puppet. Move up in the world? Jon’s never considered himself ‘promotion material,’ but the thought that Elias thinks it possible fills him with excitement. You do fine work, he said. Fine work! “I’ll do my best.”
“Of course.” Elias offers the folder to Jon’s trembling hands, and gives him a conspiratorial smile. “This, however, can be our little secret, hm? I believe I saw Rosie and Mr. Stoker in the break room, but I think they’ll be back any minute. Best to tidy up before she notices.”
Jon can’t help the beam that spreads across his face. “T-Thank you, Elias. Really. It won’t happen again-”
“I know it won’t.” Elias gives him a brisk nod, suddenly all business, and turns back to his office, shutting the door briskly behind him without another word. Jon takes that as his cue to scurry across the floor, grabbing up the papers as frantically as possible while taking care not to crumple them further. It takes him a few moments, but he manages to get them in order and tucks his own into the pile. He places it carefully in the drawer he found it in, corner sticking out just as before. No Rosie in sight. Thank god.
With that, he bolted. Best not to be spotted anywhere near the scene of the crime. 
______
“Did it work?” Tim rushes into the library, talking entirely too loudly and plopping down on Jon’s desk, sending pens flying. Jon chooses to ignore this. “I brought Rosie her favorites, gave up my choicest gossip to get her out of that seat. Told her if Elias overheard he’d go mental.” Tim pauses to consider this. “Actually, that might’ve been true. It involves a copier and a certain someone-”
“It worked,” Jon quickly cuts him off. He doesn’t need any more info on whatever...that was. “Thank you. But Elias caught me.” Tim looks at him incredulously, as if surprised he survived the encounter. “And he was...okay with it? I mean, he told me it couldn't happen again, but he said ’it’s our little secret.”
Tim blanches at the words. “What?”
“He also said I did fine work,” Jon admits shyly. “I didn’t know he paid attention to me, but-”
“Hang on, ‘our little secret’? Fine work!?” Tim shrieks and Jon hurriedly shushes him, looking anxiously around the library. No one pays attention, used to their antics by now. “What’s that supposed to be, a euphemism?”
“A euphemism? What on earth could that be a euphemism for?”
“I don’t know!” Tim waves a hand around dramatically, and he actually looks a bit put out. Is he...jealous? Jon can’t help the small smirk and Tim notices it right away. “Don’t give me that! I don’t like the way he looks at you. Sasha’s noticed too. It’s downright creepy.”
“The grey is a bit disconcerting, I’ll give you that.”
“It doesn’t match his face! Weird, right?”
“Anyway,” Jon says, eager to cut off yet another tangent. “Your plan worked.”
“Not really.” Tim pouts, kicking his feet out like a toddler and turning away with his arms crossed. Only Tim can manage to make the petulant look work on a twenty-eight year old man.
“Yes, really!” Tim doesn’t turn around and Jon internally rolls his eyes, albeit fondly. “Look, I’ll get my check next Friday with everyone else. And then I’ll take you out to dinner. How does that sound?”
That did it. Tim tilts his head towards him, gives him a playful smile. “Gonna romance me, Sims? Pull out all the stops?”
Jon returns it. “All the second-rate sushi you want.”
“You’re a prince among men.” Tim hops off his desk and gives his forehead a kiss. Jon’s partial to those kisses and he can feel himself melting at the touch, even as his smile turns wicked.
“I could ask Elias if he’s free as well-” 
He doesn’t manage to dodge the pen that flies his way, but he doesn’t mind. Jealousy’s not a bad look on Tim.
ao3: https://archiveofourown.org/works/30103509
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tw: eating disorder
idk if this is the right place to ask, but do you have any advice or resources for trying not to be self loathing or convincing yourself that it's okay to eat? I don't think i have an eating disorder by diagnosable standards, but I often have issues with eating and body image. and I know I shouldnt hate myself for not looking how I want and I would never ever judge anyone else on their appearance, it's just one of those stupid internalized things where it's perfectly fine for everyone else *but* you. and no matter how much I logically know my brain is being stupid and I need to eat to live and it's okay to not have a "perfect" body, I still cant help how I feel, and I hate that I hate myself and punish myself for something so arbitrary and superficial.. I try to push it away but it's been getting harder again lately and I don't know how to make it better and I hate feeling this way. I want to love myself but even body neutrality is hard right now.. thank you for reading and any help offered
Ahoy there Anon,
I'm so sorry that you've been going through eating issues- it's such a painful thing to struggle with not liking your body, and not feeling like it deserves to be nourished. Even though you don't have a diagnosis, your thoughts and feelings about yourself and eating are completely valid- not having a diagnosis (or feeling like you won’t meet the criteria for one)!will never make what you're going through any less real, or any less valid!
I feel a lot of the same things, especially as I'm working through recovery. I promise, you're not alone in feeling this way- even if the thoughts are terrifying, and loud, and always seem to focus only on you. You’re working so hard to fight them, and I’m so proud of you.
Something I like to do when the self-loathing voice is loud (other than distractions, which I love both using and recommending!) is finding what’s causing it. When I feel myself starting to spiral, and when I feel my brain telling me that something’s wrong with my body, it’s almost always coming from another place of stress- like an essay I’m currently working on, or a big deadline I’m getting ready for. Once I can find the real source of what’s putting so much pressure on my brain- and what’s making me want to revert to old behaviors that brought me relief- it makes the disordered thoughts seem weaker.
Finding out what the real self-loathing source is can be pretty difficult sometimes- especially if the thoughts are the kind that give you a hard time focusing on anything else. If mine are too mean to work around, that’s when I’ll make use of distracting myself- it can be a text or call to someone you know, or something as simple as taking note of everything your body is feeling instead of your brain. Being able to focus on “my head is laying on a soft pillow” or “the tea I’m drinking is warm, and tastes nice” helps me feel more grounded, and makes me focus on what my body can do instead of how it looks to me. (It also helps me take my mind off of a mistake I made, if that's what triggered the onslaught!)
For convincing myself that it's okay to eat, something that helps me out on difficult days is giving myself something comforting to touch while I'm eating. This can be something as big as a blanket, or something as small as a bracelet that I'm wearing- anything that helps to associate a positive sensation with eating.
If these don't work for you, don't worry! That's okay! Everyone's struggles are different, and everyone has different needs too. This is a general list of coping strategies for disordered eating- you're allowed to use whatever techniques and resources work best for you!
You’re so worthy of everything good in the world, and I can't even begin to say how happy I am that you're here.
Thank you for being with us today, Anon, and thank you for bringing so much good into the world. I hope this helped you- you're working so hard to beat this, and I believe in you. We're here if you ever want to reach out again- even if it's just for some extra support!
-Mod Nova 💫
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kinetic-elaboration · 4 years
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January 3: Writing Resolutions
Okay, taking a break from rambling about Star Trek (...on tumblr, still talking about it on skype lol) to try to give some sort of order to my writing life in 2021.
I’ve had these ideas in mind for a while, but I’ve been trying to put them into words and put them in order.
I know I want to go back to writing more (and reading more) this year. But I also know that life is going to be just as hard as last year, probably for a while, and that my work schedule is not going to be conducive to me having a lot of time and energy to be creative.
I also know that I’ve been unhappy with my creative life for a while, for other reasons: my sense that engagement with my work is down; my lack of interest in the source material; my perception that the general tide of popular fandom stuff is...not wherever I am, I’ll just put it that way. So it’s hard to even convince myself that I should be here at all (I mean, in t100 fandom).
I ask why I don’t quit and it’s because of a sense of obligation to, and continued interest in, my WIPs and my unwritten ideas, plus a dash of ‘too scared to seriously write Star Trek again.’ That’s basically it. I can continue to support my fandom friends by reading and commenting and promoting their work, so that I know people around these parts doesn’t matter much to me re: my own output.
So, here are roughly my thoughts on where I want my writing to go now.
(Goals and Resolutions below.)
Goals:
To write regularly (at least every weekend) in order to keep my creative brain active, and for my own enjoyment.
To be organized with my projects, but not to set deadlines or put pressure on myself to write faster or more.
To finish things for the sake of finishing them, and for no other reason.
To separate myself as much as possible from fandom validation like comments.
To be okay with throwing out drafts, writing stuff I don’t like, experimenting and seeing some experiments not work, and possibly even with throwing some old WIPs in the abandoned pile.
Resolutions:
Take on as few events as possible. As of right now, I’m committed to 2 projects. One is the BBB, which I might drop out of as a writer--I really don’t know. I’m still at a point where I could drop and not hurt anyone else, which is the important thing. The other I have to keep working on. I’m open to participating in rounds of Troped, but not as much to rounds that require sign ups before hand (for example, if another version of Madness happens this year). I didn’t sign up for BJJ, which took a lot of self control, but I have no regrets about it. I am currently leaning against applying for This Simple Fanzine.
Perceive (and speak of) this year as a hiatus. I’m not going to go so far as to ‘retire’ from writing or from posting or from T100. I’m not on an official hiatus. You will see things from me. But my default is “I’m not really going to post much this year” so everything you DO see on tumblr or AO3 is a deviation from the norm rather than an expectation.
Re-organize my writing projects. My current organizational tool is Notion, which is probably better than the documents I was using before but... I’m not actually that fond of it, tbh. It works for other things but not for my writing. I don’t know if that’s the platform or me or both. I have some ideas for how to re-conceive it to be more helpful, including subdividing projects into scenes, arranging the columns as a timeline, changing the default views and metadata fields, separating fandoms from each other, and pulling out projects that are only ideas, not yet started. But we’ll see how that goes.
Start a second system for ideas. I know I can’t continue to treat “fic that’s half written” the same as “hey I had this random thought.” Properly categorizing different types of projects has always been a major difficulty for me. Does an idea suddenly become so much more important because there’s an outline or a few hundred words written for it? Does an idea become more important simply by virtue of time? I’m still not sure what’s going to end up counting as a “pure idea” or “plot bunny” versus “story” or “work in progress” but I do know I need some kind of new level or organization, some kind of strict (if inevitably semi-arbitrary) dividing line.
Return to free writes. I almost entirely stopped doing this after I finished my rare pair project last year. I think this was partially about burn out and partially about my new work schedule, and I admit it can be hard to come up with a whole new idea on the fly. But I also think I need to carve out that sort of space for myself: where there really aren’t any consequences, I don’t care about plot or even characterization, I don’t care if the idea is complete, I don’t care about editing, etc., etc., etc. I’m still on the fence on where I’ll get the inspiration. I might make a generator or open my inbox to requests more often.
Finish those WIPs. Some way or another. I have too many and I feel like they’re a burden on me. I hope to actually finish, as in complete according to the original idea and then post, as many as possible. But “finishing” for current purposes can also mean “cutting out bits and reconfiguring them into something else.” It can mean “throwing them in the abandoned pile.” In some cases it might even mean acknowledging that the story in question isn’t even a WIP--it’s an idea, and maybe one I don’t care about anymore.
Be forgiving. If it’s not fun, it’s not worth it.
I think that’s it.. I’ve also been considering trying to put myself out there as more of a cheerleader to other people, but I’m not sure how. Like, I want my inbox to be open to writers who just want to rant or be proud of their work or throw around ideas, even, but I don’t know how to... market myself that way, especially without sounding arrogant lol. I don’t claim to have qualifications, I just want to be supportive and I want to feel excited about stuff I am not personally writing!
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sciencespies · 4 years
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House members criticize NASA lunar lander awards
https://sciencespies.com/space/house-members-criticize-nasa-lunar-lander-awards/
House members criticize NASA lunar lander awards
WASHINGTON — While NASA’s decision to award lunar lander development contracts to three companies won praise from a Senate committee, the leaders of the House Science Committee said they remained concerned about NASA’s approach to returning humans to the moon.
NASA issued awards to teams led by Blue Origin, Dynetics and SpaceX April 30 to begin detailed studies for landers under the Human Landing System (HLS) program. The three companies received fixed-price contracts valued at a combined $967 million to undertake 10-month studies of their concepts. That work will conclude with reviews in early 2021 where NASA will decide which company, or companies, will receive funding to continue lander development, with the goal of having a lander ready for a 2024 mission to send astronauts to the surface of the moon.
NASA’s use of public-private partnerships, including plans to purchase commercial landing services rather than the landers themselves, faces opposition from the House Science Committee. Leaders of the committee introduced a NASA authorization bill in January that, among other provisions, directs NASA to develop an integrated lunar lander that would be government-owned and launch on the Space Launch System. None of the three companies selected by NASA plan to use SLS to launch their landers.
“I am troubled that NASA has decided to ignore congressional intent and instead press forward with Human Landing System awards to try to meet an arbitrary 2024 lunar landing deadline,” Rep. Eddie Bernice Johnson (D-Texas), chair of the House Science Committee, said in a May 1 statement.
Johnson criticized NASA’s use of commercial partnerships for the program. “The multiyear delays and difficulties experienced by the companies of NASA’s taxpayer-funded commercial crew program — a program with the far less ambitious goal of just getting NASA astronauts back to low Earth orbit — make clear to me that we should not be trying to privatize America’s Moon-Mars program,” she said, “especially when at the end of the day American taxpayers — not the private companies—are going to wind up paying the lion’s share of the costs,” she said.
“I was disappointed to see that NASA’s decision on lunar landing systems development starkly contrasts the bipartisan House NASA authorization bill and the advice of experts on minimizing risk and ensuring the highest likelihood of success in landing humans on the moon,” Rep. Kendra Horn (D-Okla.), chair of the House Science Committee’s space subcommittee, said in the same statement.
Horn also criticized a lack of a detailed plan and budget for the Artemis program. “Unfortunately, more than a year after their announcement to accelerate the Artemis program, NASA has yet to provide Congress a transparent architecture and technical and cost assessment, despite our repeated requests,” she said.
Horn’s subcommittee marked up the authorization bill in late January. In an interview a month later, Horn said the committee had made some changes to the bill, including those about a lunar lander development, but said then it was too soon to discuss them. However, she said the bill would still call for lunar landers to be government-owned.
At the time, Horn said she expected the House Science Committee to mark up the bill some time in March, sending it on to the full House for consideration. However, that markup has yet to take place as the House has been in recess since the middle of March because of the coronavirus pandemic, other than brief sessions to vote on legislation related to the pandemic.
The House comments on the HLS awards stand in contrast to the endorsement offered by the Senate Commerce Committee. “Making good use of commercial partnerships lowers the long-term cost of space exploration, and it allows the American aerospace industry to do what it does best — innovate,” Sen. Roger Wicker (R-Miss.), chair of the committee, said in an April 30 statement.
Industry also backs NASA’s use of commercial partnerships for lunar lander development. “This approach toward ensuring safety, while reducing cost and maintaining schedules, is consistent with multiple independent government reviews and the testimonies of numerous expert witnesses before Congress,” Eric Stallmer, president of the Commercial Spaceflight Federation, said in a May 1 statement to SpaceNews.
At the April 30 media briefing where NASA announced the awards, NASA Administrator Jim Bridenstine said there was broad bipartisan support for the overall Artemis program. He said he talked to “a lot” of members of Congress in the days leading up to the lander announcement to inform them of NASA’s plans.
“Republicans and Democrats, the House and the Senate, they have all been very supportive of the effort to get to the moon,” he said. “We have a budget request that reflects that priority, and I have not heard anybody suggest that, because of the coronavirus pandemic, we’re going to have to cut NASA.”
What’s less certain, though, is whether NASA will get the additional funding it requested in fiscal year 2021 for lunar lander development and other elements of the Artemis program. Congress has yet to start work on appropriations bills that, even in normal circumstances, aren’t completed until the new fiscal year begins Oct. 1. That requires NASA and other agencies to operate on stopgap funding bills, known as continuing resolutions, that fund them at the levels of the previous fiscal year, often for several months.
In one scenario, Congress might elect to pass a yearlong continuing resolution that, unless it contains exceptions, would keep NASA at 2020 funding levels. In that case, it may become impossible to keep a 2024 human lunar landing on schedule.
Bridenstine, in the media teleconference, hoped NASA could be included in an infrastructure bill of some kind later this year intended to serve as an economic stimulus after the pandemic. “If we do an infrastructure package as a nation, I would like NASA to be part of that infrastructure package, and that’s what I’m going to be working for,” he said. However, there is no agreement yet among House and Senate leadership on the content, size or schedule for such a bill.
#Space
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kunleidoscope · 3 years
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I have a small note attached to the bottom of my laptop screen, it reads,
“whatever you show up to, let it mean something to you”.
It is meant to serve a reminder for myself to engage in whatever I have committed to intentionally , to be able to connect to a sense of why instead of merely going through the motions.
More recently, I glance over the same phrase without actually registering what it says, much less reflect on its meaning. Time and again, I find myself shallowly engaging in a myriad of tasks while distracted by anticipation of events yet to happen. In reality, I have been measuring the value of my day in terms of tasks checked off the list and hours spent being productivity, while lacking the depth of attention and presence to show up to what I am doing intentionally.
Despite how it feels, a lack of time in my schedule is not the problem. Whenever spare time became available, anxiety seeped in and I began wondering about whether I should be engaging in something productive instead. The fear was that unless a tangible form of gratification — in the form of tasks checked of a list — could be produced, I was not spending my time in a way that is worthwhile.
In the back of my mind, there is always another upcoming deadline to catch, always another assignment to get started, and always more lecture content to read. Even on the other side of completing all the pending tasks for the day, anticipation of a myriad more incompletions lingers in one’s mind as a restless presence.
I rush through the motions each day, motivated by a fear of falling behind. Only upon pausing to catch my breath, do I realize that I have been leaving what’s more meaningful to me unattended to and unfinished //
“I need to have a minimal of 590 words in order to pass the rubric requirement, but I currently have 573,” after some quick mental math, I said decisively, “so I need to write 27 more.” My boyfriend instantly flinches at the incorrectness of my calculation. He is someone who practices memorizing numbers with 10+ digits for fun, while it took me a bit over a week to memorize the 5-digit buzzer code to my student apartment. Interestingly enough, one of us is majoring in math and it is not him.
While stalking the About section of my friend’s LinkedIn profile, I read that she describes herself as someone who has always seen the world in numbers. Immediately, I thought of how little I resonated with that statement. Despite how I am still enchanted by the enigmas within mathematics, viewing the world through numerical data has never quite been intuitive for me.
If anything, I viewed the world through words, images, sounds, vessels for abstract meanings. Growing up, I was the wide-eyed and absentminded one, weaving up daydreams and constructing imaginary castles inside of my head. Creativity, in its myriad of forms, has always fascinated me. Nowadays, I have become the hesitant one, admiring what matters to me from a distance, awestruck by the possibility it contains while simultaneously apprehensive over its fragility.
Writing is the place where I feel the most human, simultaneously vulnerable and invincible. I do not hold many assumptions about how I would become in the future, except that I might always remain wide-eyed before expressions of creativity. More specifically, I would come back to writing again and again. Sitting before empty journal pages, staring at the blinking cursor before me, attempting to stitch together my fragmented thoughts and tangled emotions into somewhat coherent phrases. Nevertheless sincerely, most of all unceasingly.
During my gap year, when I had an abundance of time to spare and little directions as to what I should be doing, I wrote plentifully, inspired by the myriad of details that blossomed among the mundanities. Nowadays, I seldom take the time to sit still and let the tangled thoughts brew into some form of expression. It is process of distillation requires a depth of introspection that I have been lacking the intentionality to engage in.
Since there is no due dates attached to these things, I all too easily conclude them to be distraction from what I really should be doing — something to be procrastinated until an undecided point in the future. Yet it’s taken me a while to realize that unless I intentionally take the time, what supposedly matters to me will be constantly placed on hold. At the end of the day, there exists a distinction between who I am as a human being, and the work that I produce. Without taking care of the former, the latter will also inevitably wither.
More often than not, I have felt a desperation to mold myself in accordance to who I think I need to be, forgetting that there is a lifetime of pivot and transition waiting ahead. Contrary to the idea of productivity that is often put upon a pedestal, reflection and maintenance serves growth in a more subtle and profound way: it is a more patient process of becoming, instead of an overnight arrival at a tangible milestone.
At the core, this is what writing means to me. I want to consistently reflect and to continuously document, because I do not want to take the passing moments for granted. Instead of rushing through, I want to lean in and pay attention to all the growth blossoming along the way. These journal pages always trace me back to a fragment of myself that is the most human, anchoring me upon on this winding yet consistent trajectory of becoming, reminding me that I am here to learn and grow, not merely to produce.
Each one of us is woven as an unparalleled melody of passions and strengths; we are as a myriad of prisms refracting unprecedented hues. Who I am is infinitely more than what I could fit within the margins of a resume, or how I measure up against an arbitrary standard. The most valuable things I have to offer are not which I need to strive breathlessly after. I do not want to rush through the motions of each day, leaving no margin to tend to what holds the most meaning to me.
So here I am, learning and relearning, what I assumed to be the auxiliary are actually the essential. I cannot abandon on pursuing what is meaningful to me, because the value contained within them is immeasurable. Instead, I am invited to show up to what truly rejuvenates me, as nothing more than human and with nothing more than presence. 💫
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Best Professional Resume Writers If they didn’t have families they'd push this even farther. Many mentioned having no e-mail or phone of their workspace. One purposefully used a “shitty old laptop computer” to avoid temptations like solitaire. The Writers Grotto is an affordable co-working area and inventive group in downtown San Francisco. We’ve been around for 25 years, and our more than a hundred members embody writers of all stripes. We are always looking for critical storytellers to hitch us within the work. The author waits until the stars align and the mind’s neurons fire in excellent synchrony. That isn’t going to occur daily, so writing turns into an exercise that solely happens typically, after which sometimes, after which not often, and then perhaps by no means. All these efforts helped him to build up clout within the industry. Moreover, Nicoletti reached out to writers inside their frequent spaces, like on social media, which helped him to higher communicate along with his viewers. As long as you have not written that article, that speech, that novel, it could still be good. Before you're taking to the keys, you are Proust and Oscar Wilde and George Orwell all rolled up into one delicious bundle. The Grotto fosters a literary culture that's generous in spirit and deeply inclusive, elevating writers of all backgrounds. Today’s top writers, too, know the agony of a clean screen, however like Twain and others, they’ve developed methods to maintain the phrases coming. Here are some of their best tips on getting over being stuck. If you’ve ever banged face-first into a severe bout of writer’s block, you’re not alone! Every writer from Aristotle to Shakespeare to Mark Twain has encountered the fear of the blank page from time to time. A few – like Twain – have offered some recommendation. Gay Talese rigged his house workplace so it could only be entered through a separate outdoors door. It ought to be noted, nonetheless, that the journal writers amongst our sample admitted to with the ability to write in almost any environment — a trait realized from crashing deadlines on the street. 1- If you sit down at your specified time and are drawing a clean, get a brand new document/piece of paper and freewrite. Write ANYTHING, even should you simply write “I do not know what to say” time and again. Eventually something will click on and you'll start to provide you with ideas which might be extra useful. You can all the time delete/throw out what you wrote later however you need to begin somewhere. Once on their own, it’s best for them to create accountability with different writers, arbitrary deadlines to maintain each other on task. Find ways to decrease the bar and simply mess with writing, instead of thinking of yourself as a author. Well, I stopped writing literary novels after my third novel was printed. I had a particular type of writer’s block, and the next literary novel, The Seventh Book of Wonders, took 18 years to put in writing. But I stored writing other forms of novels, across audiences and genres. Jon Krakauer additionally mentioned that his dream was to write down within the morning in an isolated cabin, after which spend the afternoon’s climbing. Nicoletti speaks to the benefit of understanding new concepts in a specific area before you enterprise out and try to find success. In his early days, he diligently worked to begin new blogs, circulating his best ideas and making an attempt out new interpretations of on-line coursework. (International Association of Professional Writers & Editors) over the previous couple of years and it’s a case where everything simply seems slightly too good to be true. While they have a very impressive and legit sounding name, I’ve discovered quite a few complaints about their scammy techniques. I too was shocked by how a lot consistency there is between totally different writers and their habits. I have came upon that when writing on some event it becomes compulsive to have to put in writing all that fills your mind on the time. It may take several hours to do this, towards the recommended 2,three hours. So set your time appropriately with adequate tolerance; there isn't a figuring out when you'll be on this frame of mind whereas writing. I am questioning particularly in regards to the scheduling aspects. A earlier boss advised me that a writer should anticipate to supply not more than 500 words of GOOD textual content per day — even though a author would possibly commit much more words to a page in a day. That helps a person estimate how a lot time is required to complete an task or story.
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The Easiest Part Of The Writing Process?
The Easiest Part Of The Writing Process? One of the toughest assignments is writing a analysis paper. From discovering the best matter and doing in-depth research to writing the paper and enhancing it - analysis paper writing is comprehensive and demands a lot of time. If you’re panicking about this as a result of you could have a submission in 24 hours, don’t fear. Writers Per Hour respects deadlines and is provided to put in writing papers shortly. I can often research and write a reasonably technical magazine article of 1,000 words in three hours, but do keep in mind that I’m an expert writer. Throwing yourself headlong at a 1,000-word essay and writing until you attain the word count could seem like the easy option, nevertheless it isn’t. Planning your essay in order that it begins with an introduction, highlights crucial factors you need to make after which wraps every thing up into a conclusion truly saves you time. Sometimes, essay instructions will inform you the way to structure the piece, so learn them fastidiously and extract any info you can use to guide your essay’s construction. If you’re writing an opinion piece on something you have already got some data about, you might not need to do any analysis in any respect. So on averege, I depend the time to put in writing the piece itself + time edit every little thing. If a person writes a book, they don’t solely count the time it took them on the typewriter writing. They count on a regular basis it took to analysis the guide as properly. The author says that it’s based on what she writes and is just a general approximation. How long it takes you or anyone else to write an essay will obviously be different because you’re not the identical as all people else. You can even get in touch with the support through telephone and e mail. Let’s not overlook to say that the communication with the writer went as smoothly as possible. The author adopted all my instructions and created a brilliant essay, I would say. What I like most of all, no one suspects even that my essay wasn't written by me. But should you nonetheless haven’t discovered an agency that works, then you really want some steering. Nice philosophy, however completely unhelpful when you have a paper due tomorrow and limited amount of time to write. Contrary to what academia self-righteously preach, its imperative for any writing and rationalization of thought to be simplified. If you cant explain it briefly time/short essay you don’t understand it enough. In my opinion, hours that are offered here a partially true. It could take about an hor to put in writing 300 word essay however enhancing also takes some time. It may be a matter of organizing your current thoughts into a coherent essay. If you have to discover out a couple of topic earlier than you start to write down, you can easily get data on certain matters, whilst others will be extra obscure and subsequently harder to analysis. Clearly, the easier it is to seek out information, the sooner you can write. The buyer support middle at this web site is on the market 24/7. We contacted the agents few times through chat and so they had been very attentive. This is so arbitrary and will depend upon the individual. It’s like asking the question, “how lengthy does it take to write a book? ” For some, it'll only take a couple of months while for others it'll take a lifetime. it additionally is determined by the kind of writing you’re doing. Nobody writes at the identical speed so how lengthy it takes you to write an essay might be different for each person. If you’re writing for grades and want a good one, you need a very good essay. Don’t start writing it the day earlier than you need to hand it in. Try and get your first draft down no less than a day or two before you need to submit your work. Read your essay aloud to your self, since this will assist you to pick up any careless errors you wouldn’t in any other case spot. Our group consists of writers who have skilled levels such as Masters and PhDs. They hail from leading universities throughout the US, UK, and Australia. Apart from being topic-matter experts, they also possess an exemplary command over the English language. Some writing is easy and quick and other writing is tough and requires big quantities of research. If someone has an essay due tomorrow and so they waste time reading this, then they are a little bit of an idiot for giving themselves even much less time to work with. If they’re leaving work to the final minute like that, then the only thing they need to be doing is leaping proper in and writing . Check to see if your info flows logically from one point to the subsequent and just remember to’ve presented your info clearly. The more in-depth your report is supposed to be, the longer you should spend on it.
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catessay576 · 4 years
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How To Stay Organized As A Digital Writer
How To Stay Organized As A Digital Writer We make use of only skilled academic writers with four+ years of related experience and advanced levels. Make your order upfront and get a high quality paper at a lower cost. By ordering beforehand, you enable us to find the best available expert in your area. Also, you let your writer alter the paper as many instances as you need throughout the free 14-day revision interval. We assure that in such a case we’ll assign two completely different authors to fulfil the orders. And although matters could be the same, the papers that we write are at all times unique. And thirdly, an excellent essay author can manage the time correctly in order to have the ability to match into the tightest schedule, fulfilling the work up to the mark. Since professors often give a few days to complete an essay, we might help you do a paper in less than at some point. All papers are written by expert professionals with distinctive educational backgrounds and writing/problem solving proficiencies. From essays, assignments, and private statements to term papers and dissertations – we are able to complete any task across 20+ topics. The price is true, so even when you’re on a price range – we’ll allow you to write a quality essay that received’t be too pricey. Fill in the order form fields, provide directions and select a payment method. Just as the order kind is submitted, the essay writing begins at once. We can ship your essay on the identical day without compromising on its quality. If you need a research paper, a term paper or one other stable assignment, it may be despatched over to you inside 24 hours. A quick tip, urgent papers will cost more than these ordered prematurely. A perfect place to solve your writing problems and to get homework assist hassle free. The paper written right here was very exact, with credible in-text citations, and on the purpose. I would like to thank the Royal Essays’ group for locating the right writer for me each time. Royal quality of writing is on the market on our website 24/7. Rest assured that we always have a related writer free to start working in your task within a matter of minutes. They start the research, do the fundamentals of the research, after which simply throw in some arbitrary subjects that they suppose will relate to it. As a university scholar, lab reports, articles, critiques, case research, and quite a lot of different writing assignments will come your way. Most college students full most of these assignments with little to no outside help. However, you by no means should do it alone, as a result of we are there each and every time. Anytime you've an active project with us, you can work together along with your writer instantly throughout this process. Just sign up to your buyer account, then ship and obtain messages together with your author. In this fashion, you realize the exact standing of your task from the time you place your order till the ultimate project is finished. There are two primary characteristics of a successful academic author. First, you have to have training and experience in your subject. In the following 4 years, these numbers elevated threefold. A group of ambitious Aussie writers based a company to assist students obtain their academic targets. Another nice information is that fifty five% of orders are accomplished ahead of the schedule at absolutely no charge. When your author feels that it’s potential to complete off writing an essay sooner, rest assured we’ll ship your paper beforehand free of charge. What if there are two equal assignments from two students who don’t know and by no means met one another? We insist upon both of these when we hire writers. Over the years of operation, we now have acquired hundreds of requires pressing essay writing help from students all all over the world. Some wanted essays in a matter of hours or days, some hoped to get them immediately. Time limits are of high importance to our clients, especially for those with pressing deadlines. The company extended to 50+ writers, added 13 new companies and 6 subject fields. The most frequent mistake made by research paper authors is to truly begin writing the research paper with out understanding what their primary problem is. Most research paper writers will both write on a subject that they already know, or else they'll do the reverse.
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Brexit: Everything is dead everywhere
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By Ian Dunt
What an appalling sight. The amendments to May's Brexit statement are like a collection of twitching corpses. Wherever you look - in the no-deal Brexiter ranks, in the ERG, in the DUP, in the People's Vote, in the Cooper-and-Boles club, things are appalling and lifeless and inadequate. Yvette Cooper's amendment looked like a smart, well-thought-through measure to prevent no-deal. Her plan was to present a private members bill which sought a nine-month extension of Article 50, then pass an amendment which allowed it to be turned into law as quickly as possible. But now it is being savaged from all sides. The Labour leadership took first dibs, by suggesting they would make their support contingent on it being reduced to just three months. Three months. These people are so absurd. It's three months between New Years and the cliff edge, and we've been panicking throughout. How is another three months of any use to anyone? What exactly is it they think will happen? Will Mary Poppins float down on an umbrella and sort it all out? The truth is that the Labour front bench is scared of being seen as Remain, so they've tried to narrow the time while accepting the principle. It is pitiful to see MPs once again act like rabbits in the headlights whenever anyone suggests a proposal is designed to 'frustrate Brexit'. But that is exactly what is happening. More arbitrary, impossible deadlines are imposed, which serve to undermine, rather than enhance, Britain's position. And for no sensible reason at all. Then there's the Lords problem. No matter how fast it is, the bill still needs to pass through the Lords, where eurosceptic peers have apparently been in talks with Liam Fox to filibuster it into oblivion. "We will fight this tooth and nail because it represents a clear attempt to frustrate Brexit," one of the lunatics said. They are charging us toward Armageddon with mad abandon and hate anyone who suggests we turn the wheel. And then, at the end of the line, if all these obstacles can be overcome, is the small fact that the EU must agree to the request. It is uncertain they will. Theresa May lies as often as she breathes, but she was not wrong to say in her Brexit statement this week that the EU needs a reason to give us an extension. It can't just be to provide time for our prolonged emotional breakdown. People's Vote weren't having a better week either. Watching them come out to announce that they would not be putting forward an amendment was a depressing spectacle. They don't have the numbers. They wouldn't even if Jeremy Corbyn backed them, because the MPs he'd lose from his side would negate the majority handed to him by the moderate Tories who'd vote with him. But his support would make a People's Vote the most credible alternative proposition, in terms of Commons support, and more MPs could be expected to slide over to it as the options narrowed. That support however, is not forthcoming. He'll never do it of his own accord. He is happy to play stupid political games, putting forward vague amendments, which mean nothing, in a desperate bid to keep his fragile coalition of dreamers together. That's his only real constituency now: A bunch of people who want to pretend that he is more honourable and intelligent than he is. When will he 'pivot'? When will his extraordinary master plan be revealed? Never, because there isn't one. He is as irresponsible as a leader of the opposition could be, given the circumstances. He came along promising to do things differently. In actual fact he is even more cynical and self-interested than his predecessors. It would be troubling to see such disarray in the soft Brexit and Remain camps, were the other side not completely lost as well. The ERG and DUP have finally realised that their decision to kill May's deal has made Brexit less likely. So they are urgently trying to find some way of creating a rapprochement with No.10. But they've nothing. They've not a new idea between them. The 1922 Committee chair Graham Brady and May ally Damian Green want to put down an amendment making support for May's deal contingent on "alternative arrangements to avoid a hard border". But they've had two and half years to come up with these alternative arrangements and failed to do so. It's like a child writing to Santa that he wants to run like Usain Bolt. Wishing and achieving are two very different things. And anyway, the backstop only kicks in if other alternate arrangements don't work. So this is just restating the text of the deal. These buffoons have staked everything on a text they haven't even properly read yet. The DUP are now suggesting that they might accept the backstop, if it is "specifically time limited". It is quite remarkable to see this reported as news. It's just the same nonsense they've been vomiting out for months. There are not enough heads or desks in the world to express the extent of their limitless stupidity. If the backstop is time limited, it is not a backstop. Someone must set up a Kickstarter to send these people to English Language GCSE classes. They seem totally incapable of understanding even basic concepts. Wherever you look, the same godawful spectacle. People with no imagination, repeating the same ideas which didn't work last time. The same old misplaced fears, about the same old referendum result. The same shocking degree of irresponsibility from Cabinet ministers. It's like watching a video of muddy water swirl down a drain, every hour of every day, for months on end. Even an election wouldn't sort this out. What would be the Tory policy? May's deal or no-deal? It wouldn't make any difference. You couldn't get her MPs on side for either. So even if she got a majority, which she probably wouldn't, she still couldn't pass her bill. Corbyn's Brexit policy is just as demented as hers, but even more vague. Even if he got a majority, he'd be in the same position. An election solves nothing. There is no fire escape. We are trapped in unconscionable circumstances by people who were warned that this would happen and did it anyway. The only escape route, and it is a desperate one, is for Cooper's amendment to stretch the time and Grieve's amendment, which hands MPs six government-free days in the Commons, to sort out what they're going to do. But even this basic, uncontroversial, bog-standard initiative is being sabotaged by government ministers, the Labour front bench, and MPs' own petrified, self-interested inadequacies. What an abysmal godforsaken shower. They really don't have a single thing to recommend them.
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experiment2017-blog · 8 years
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Week Two Report!
Thoughts on this experiment: I enjoyed this experiment a lot, even if I had many moments throughout the week when I dreaded trying to come up with a poem, or stared at what I’d written in anguish and thought, “I can’t post this, it’s awful.” Challenging myself to create a new piece every day cut out a lot of my usual waffling: if I had an idea, any idea, I seized onto it and started scribbling, instead of sitting around waiting for that idea to grow into something deep and refined. Whether or not I actually wrote anything of value, I ended up really liking that process, since there was a lot less pressure: I wasn’t already deeply invested in my idea, so if it didn’t come out perfect when I started writing, it didn’t bother me so much. If anything, I was surprised how often a dumb little inkling of an idea produced lines or images I was actually quite proud of. 
Deciding to give myself flexibility in when I posted the poems, too, seemed to do me some good. I felt less pressure to scramble to meet an arbitrary deadline without also feeling like I was completely off the hook. I still ended up writing a draft of a poem every day, and was probably a good deal happier for the extra leeway. 
My resistance to post less-than-perfect pieces diminished a bit as the week went on, mainly out of necessity. Talking to the other members of my writing group this past Friday also helped on that front. They helped me improve things where I could, but also reminded me that the world will not come crumbling down if I post a crappy poem on the internet. I am allowed to make bad art. Really, I’m probably better off making bad art, if only to shed the poisonous fantasy of being some perfect artistic/literary genius. 
I also discovered that poetry serves as a great framework for turning musings and snippets into actual stand-alone pieces. I have a bajillion of these hidden away in my journals. So maybe more poetry is in my future!
My favorite poem from the experiment: Ignoring the first one, which somehow barely feels like it counts as an “experiment,” I’d say Molly Weasley’s Boggart. I never thought I’d write a fanfiction poem, but here we are. I love it.
Will I keep the experiment going? Sadly, no. It’s too time-intensive for this full-time-job-lady. But I do intend to write more poetry in general, now I’ve gotten over the “but I’m not a poet!” hurdle. It’ll never replace prose for me, but I still quite like it.
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biaprotect · 7 years
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Surprise! There’s a New eDiscovery Pilot Program Out There, and It’s a Doozy…
By Brian Schrader
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Every once in a while, from a corner of the eDiscovery industry, comes something unexpected and hugely consequential. The latest comes from the Arizona and Illinois federal courts, where a pilot program for speeding up eDiscovery was launched recently. While the primary goals of the “Mandatory Initial Discovery Pilot Project” are laudable, a lot of industry experts and commentators – including us – are sounding alarms.
One of our favorite blogs, Above the Law, recently did a nice summary, which can be read here. And you can read up on the program and watch some informative videos on the Federal Judicial Center (FJC) website here.
While the program has the greatest of intentions – to simplify, speed up and reduce the costs of discovery (all discovery, not just eDiscovery) – there are aspects of the program that could have quite the opposite effect, as many commentators have pointed out. Probably the single largest concern expressed by many, and shared by us here at BIA, is the timing requirements. The program requires document request responses and productions be completed in less than 100 days. Yes, you read that right – 100 days. And it seems that there are very few exceptions or extensions allowed.
Now, yes, the program does exempt a series of case types that likely would be impossible to complete in such a short time period, such as MDLs, but it doesn’t seem to provide a great deal of flexibility beyond that. And, yes, while many cases are small enough that all discovery work could be doable in such a short time period, there comes a point on the curve where these new rules will increase the costs, decrease the efficiency and lead to general chaos.
And, while the materials and video commentary provided by the FJC acknowledge, in somewhat vague references, that everyone expects discovery would continue past the first 100 days, they couch that post-100 day discovery in terms of “continuing obligations” in discovery that exist today, and not in terms of extending the timelines where necessary.
Now don’t get us wrong here, BIA has always been for efficiency. We’ve built our reputation on designing and implementing eDiscovery tools and workflows that become just another business process – one that is smooth, efficient and affordable. Indeed, one of our Guiding Principles is “Transformative Solutions: We create order from chaos.” So, when given the opportunity to implement an improvement, we’re all over it. But, we’ve also learned that with each new idea often come new questions and unintended consequences.
And that’s our concern here. One of the program’s stated goals – in fact, one of the stated goals of nearly every innovation in and reformation of the eDiscovery industry – is to reduce costs. But at some point, at some case size, the goals of cost controls and shortened time begin to conflict with one another. And it’s that conflict that we believe the program has overlooked, or, at least, not provided for in any way.
In software development, there’s a concept called the “Mythical Man Month.” First introduced by an IBMer many decades ago, in short, it’s the idea that, at some point, putting more people or resources into a development project starts to increase the time required, not decrease it. How could that be? Well, adding more resources in a desperate attempt to hit a deadline can actually cause you to miss that deadline by an even wider margin because you are spending more time ramping up new members and managing an ever-larger team.
Same thing here. You can’t always just add resources to hit a 100-day deadline, regardless of the case size. Let’s take that “Mythical Man Month” theory and apply it to something more fitting to discovery: document review. If you have 600,000 documents to review, and you have reviewers who can review 60 documents an hour, that means that a single person would take 10,000 hours to review all of the documents. Extrapolating that out a bit, and assuming the averages hold, with 10 reviewers, this document review process would take 1,000 hours. 100 reviewers would take 100 hours. 1000 reviewers would take 10 hours. 10,000 reviewers would take an hour, right? Of course not. (And please, no TAR comments – the example here is for illustration purposes).
You see how crazy that gets, but it illustrates the point: at some level, simply committing more resources won’t work, or worse, actually works against meeting the goal. There are going to be cases that simply cannot be done within the 100 days, and a lot more cases where doing so will quickly become economically prohibitive, violating one of the primary goals of the entire program.
There’s another adage that fits here, too: You can’t have something (1) good, (2) fast, and (3) cheap. The best you can hope for is two out of three – such as paying out the nose for quick delivery of a good product or paying below market rates to get a sub-standard product quickly.
In this case, “cheap” isn’t an option, as the law mandates that eDiscovery efforts be “good” (not perfect, but good), and this pilot program has strict rules on “fast.” Here, the seemingly arbitrary 100-day deadline, especially when combined with no real guidance on exactly what that means and without any provision for judges to use their own common sense where appropriate, undoubtedly will have the unintended consequence in larger cases of drastically increasing eDiscovery costs – probably by a significant factor.
But this program can be easily fixed. Judges must be given discretion to adjust schedules to balance the goals of costs vs. time. There simply cannot be a bright-line rule that outright forbids any reasonable consideration. Courts cannot give up the primary goal of discovery being “good,” so the rest has to be balanced between “fast” and “cheap.” It’s critical that everyone understand that the cost to do something escalates as the time to do it shrinks – especially in a period as short as 100 days.
This isn’t the first time that strict and unflinching guidelines have been imposed on courts, tying judge’s hands, preventing them from being the true arbitrators of justice and resulting in not-so-pleasant unintended consequences. Let’s hope that that this oft-repeated lesson is learned once again during this pilot program, and judges are given the discretion to tailor timelines as common sense and cost controls require.
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Boost Productivity With An Executive Incentive Compensation Plan
When your business and therefore the local economy is booming, executive incentive compensation plans can assist you to hang on to valuable executives who could easily be lured away to figure elsewhere. When the economy is slow, employees might not have many alternatives to their current jobs. Therein circumstance, you would like motivated employees even more particularly if you've got stretched your staff thin to offset stagnant or declining revenue, or are on the ropes.
Short-term incentives (STIs) are incentives that measure performance over a one-year or less period. A recent study* showed that nearly every employer who participated in the research offers STIs. Three-quarters of these employers offer quite one STI plan, and therefore the use of multiple plans is rising. In 2011, roughly 23 percent of personal employers offered a minimum of four plans, and by 2013, this figure had grown to 30 percent. Most frequently, these plans are made available only to exempt salaried workers.
Long-term incentive plans, offered by some percent of the survey base, include stock options, and phantom stock, and similar mechanisms. Generally, the smaller the corporate, the less suitable or practical stock-based Employee Compensation Plan tend to be.
Focus on Short-Term Incentives
The most common sort of STI is that the annual incentive plan, which bases pay-outs on pre-established, objective formulas. The survey showed that annual incentive plan eligibility is nearly universal among senior executives and managers.
When asked to rate the effectiveness of their annual executive incentive plans, the results were mixed. On a one-to-five scale, with one being the foremost effective and five being "not effective," the most important group (42 percent) rated their plans smack within the middle, with a 3.
Plan Characteristics
Following are key characteristics of those STIs:
·        Annual incentive plan. Tied to the accomplishment of specific results.
·        Discretionary bonus plan. Compensation amounts determined by management, with no preset formulas, promises, or guarantees.
·        Spot awards. Reward special contributions as they occur for a selected project or task.
·        Retention bonus. A gift offered to employees who stay during an outlined period critical to the company's success or survival.
·        Team/small group incentives. Often offered when it's difficult to separate the contributions of particular employees from the measurable results of a team.
·        Project bonus. Are often paid to a private or team upon successful completion of a project by an assigned deadline.
·        Profit-sharing plan. Ties employees' total compensation to company profits, usually supported a pre-determined formula. Designing Compensation Plans have a discretionary component.
·        Gain-sharing plan. Rewards calculated on productivity gains, by either a private or a team.
Sources and Solutions for Ineffective STIs
When employers are not fully satisfied with their STIs, the common culprits and solutions include the following:
1.     Employees have begun to require these bonuses without any consideration.
Possible remedy: Mix it up. You do not need to offer an equivalent STIs forever. Also, take care to not assume that each one employee will respond within the same thanks to particular incentives. Sound them bent gain insights on what's motivational.
2.     The dimensions of the awards are just too small.
Possible remedy: attempt to be as generous as you’ll, supported the worth of the rewarded performance to your company's success, rather than an arbitrary number that just sounds right to you.
3.     Employees don't understand the aim or calculation method for motivation.
Possible remedy: With the exception of spot awards, make certain you've got taken enough time to elucidate the aim of those incentive schemes and the way they connect individual employees and employee teams to the broader success of the organization.
4.     You didn't give enough thought to your specific expectations for the motivation plans, or how results might be measured.
Possible remedy: Take a strategic and holistic approach to establish bonus programs, and make sure you are clear about the measurable results you're trying to find. Analyze the results carefully before designing conclusions about the incentives' success or ineffectiveness, then change your offerings accordingly for subsequent performance cycle. Confine mind, your business needs may need to be changed, and your STIs got to be adjusted accordingly or maybe dropped.
For more info:- Executive Compensation in Bay Area
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varealtycenter · 5 years
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NOW IS A GREAT TIME TO BUY A HOME
In Spanish 
Buyers
NOW IS A GREAT TIME TO BUY A HOME IN Maryland, Virginia or District of Columbia!
Mortgage interest rates are still near historic lows.
Prices have moderated.
The selection of homes to choose from is huge.
Historically, the value of your home will increase over time.
There are many tax advantages to owning a home.
When looking to enter the home-buying market in Maryland, there are many details and special cases that are nearly impossible to navigate if you have not dedicated your career to the real estate market. That is exactly why prospective buyers that work with REZAIECO- Long & Foster -Fairfax Mosaic have such an advantage.  For years, REZAIECO Long & Foster | Christie’s International have been dedicated to the study of the Metropolitan Washington, DC real estate market, and have gained the experience that comes with professionally buying a home.
Home Buying Process
Looking to find a realtor who can help you through every step of the process of buying a home?
REZAIECO- Long & Foster sets their clients up for success by faithfully staying in their corner and supporting them through each step of the home-buying process.  Through extensive marketing materials and info graphics (listed below), REZAIECO- Long & Foster has built a support structure for their clients that never leaves you feeling lost, or unsure of the next step.  For complete confidence in knowing the entirety of buying a home, from open house to moving in day, contact Alan A. Rezaie at REZAIECO- Long & Foster to get started.
Overview
Maryland’s home buying process is similar to other states where an attorney or representative from a title company is used to consummate the transaction and prepare all the closing documents.
In Maryland, buyer and seller often consummate the transaction at the same closing (or ‘settlement’) table.
Maryland has its own environmental features that influence which inspections get performed, such as termite inspections.
Step by Step
Part 1: Disclosures, inspections, and title
These are the initial tasks once a buyer is in contract, and are most often done in parallel to Part 2: The mortgage process:
An offer is accepted by the seller and a contract is signed and accepted.
Concurrently, a deposit, or earnest money, is paid to an escrow agent, an attorney, or broker (never to the seller directly).
The signed contract is sent to a closing attorney or title company to begin preparation of all work related to transferring and changing the title to the new owners and preparing the title commitment.
The buyer reviews and signs off on any disclosures.  These disclosures vary based on property type, but often include things like known flaws with the property, prior improvements or repairs, and potential environmental hazards.  A standardized disclosure form called the Maryland Residential Property Disclosure Statement is generally provided by the seller as an addendum to the contract and must be signed by both buyer and seller.  Sellers may see making these disclosures as beneficial to themselves, and believe that buyers will build these pre-disclosed facts into the contract price (and thus sellers may be reluctant to provide any credits for these defects).
The buyer elects to perform inspections on the property if agreed upon in the contract (in Maryland, there is generally a separate addendum that covers a series of possible inspections).  Each of these inspections must be completed by a certain date, which is called an inspection contingency date.  The types of inspections vary by property type and situation (and locale), but in Maryland, a home inspector generally inspects the home first, and other inspections and tests can be ordered if revealed to be necessary by the initial inspection.  A termite inspection is also often performed in Maryland.
Based on the outcome of inspections, buyers may elect to walk away if something material is found.  Or, they can ask the seller for repair work, closing cost credits, or a reduction in the sale price due to flaws that were uncovered.  Sellers have three options: agree to all of the buyers’s requests, offer a modified solution back to the buyer, or decline to make any amends.  In response, the buyer can continue to negotiate, accept the seller’s position, or walk away. All of this, of course, is done in writing.
The buyer may also negotiate for a home warranty that covers major appliances from failure for a time period after the sale, typically a year.
Part 2: The mortgage process
For those borrowing to purchase their home, the mortgage process is usually the most stressful and opaque part of the transaction.  It’s best to start as early as possible and be ready to produce lots of documentation.  The following is the general process in Maryland:
A buyer submits a loan application to their lender, either directly or through a mortgage broker.
Within 3 days, the lender sends a ‘Good Faith Estimate,” or GFE, to the buyer that is a breakdown of estimated closing costs.  The final costs are likely to deviate from this estimate.
Before the buyer is ready to write an offer, a pre-approval with a lender should be acquired.  The buyer sends a series of personal financial disclosures to their lender.  These vary by situation, but the most commonly requested documents are:
Several months of statements for each bank account a borrower holds (including any investment accounts)
Several months of statements for any outstanding loans, lines of credit, or other liabilities. This can also include documentation of rent payments.
Up to two years of tax returns, released to the lender via an authorization submitted by the buyer using IRS form 4506-T.
Recent pay stubs and contact information for each borrower’s employer.  The number of pay stubs varies by situation.
Any other disclosures that are material to a borrower’s financial situation. This includes but is not limited to marriage licenses, divorce settlements, child support, liens, bankruptcies, or judgments.  If there’s something that affects how much money you have on hand that isn’t shown by simply looking at your salary, be prepared to document it.
Explanation of any credit inquiries
Substantiation of any large deposits or cash gifts that aren’t regular income.  In some cases, a large cash gift may look similar to a personal loan by a friend or family member, and lenders will require gift letters from those that gave you the cash gift, stating that the gift was not a loan. They may also ask for itemized deposit slips. The exact amount that triggers this requirement varies by situation (for instance, a $1,000 cash gift may be material to a single borrower that makes $35,000/yr but may not be material to a borrower that makes $350,000/yr), so it’s good practice to ask your lender if you suspect you might have a material cash gift or large deposit – so you aren’t surprised by this at the last minute.
Repeated and updated documentation of any of the above. Keep in mind: to a lender, anything can happen to a borrower’s personal financial situation and credit during the escrow process.  Thus, you may be asked more than once for the same type of document so that your lender has the most recent pay stubs, rent receipts, bank statements, or other disclosures that may change over time.  Any material changes in these documents -or any element of your personal financial situation- may require the lender to reassess your eligibility for the loan for which you’ve applied.
The lender renders a preliminary approval decision, called a preapproval. A preapproval takes into account the entirety of the borrower(s)’ financial situation but is contingent upon a satisfactory appraisal of the home being purchased.
Provided all goes well with appraisal (and nothing changes in the borrower(s)’ personal financial situation, a lender will issue a loan commitment letter, stating its willingness to fund the mortgage.  While this is the ‘final’ approval, it’s important for buyers to understand that commitment letters are always contingent upon there being no material change in your situation -or the property- as initially disclosed to your lender.
The financing contingency (a.k.a. loan contingency) is removed by the buyer before the expiration of the financing deadline (also referred to as the loan contingency date) as defined in the contract, by obtaining a copy of their loan commitment or approval.  If the buyer/borrower is unable to get this approval before the expiration of the financing deadline, the both buyer and seller can cancel the contract (though in the buyer’s case, they have to prove they were declined financing through no fault of their own).
An appraisal is ordered by the lender or mortgage broker via a central directory of appraisers (often called an Appraisal Management Company or AMC).  Choosing a specific appraiser is not possible, but a mortgage broker can reject an appraiser and ask for a new one.  If the appraisal comes in lower than the purchase price, the buyer has until the appraisal contingency date to request a reduction in price from the seller.  The seller generally has a set period of time to accept or reject the buyer’s request. If the seller rejects the request, or that time lapses, the buyer can walk away from the contract without penalty.
Homeowner insurance is purchased (or substantiated, if the property being purchased includes homeowners’ insurance as part of association fees or similar arrangements), and proof of homeowners’ insurance is submitted to the lender. Tip: As this process can be long, arduous, seemingly arbitrary, and is often critical to your home buying transaction, try to prepare these documents (or at least figure out how to prepare them) in advance.  Also, do not make any changes to your employment or credit until your transaction is complete (not just until you get a loan commitment letter).  This means not switching employers even if it results in a higher income, as counter intuitive as that may sound. It also means not leasing or financing a car, opening a new credit card account, or anything else that can affect your credit report.
Part 3: The closing (‘settlement’) itself
The closing, or ‘settlement’ process itself general takes place at one table (either at the office of an attorney or title company), where buyers sign all documents related to their loan and the transaction itself. After all documents are signed and payments exchanged, buyers generally take possession of the keys unless a separate agreement has been reached to allow the seller to stay in the property for a period after closing. The detailed steps that make up closing are:
As part of the preparation for closing, the attorney or title company performs a title search (if they haven’t already) to determine if there are any liens or assessments on the title. Provided the title is deemed ‘clear,’ the closing proceeds as planned and the attorney or title company issues a title commitment.  All paperwork for changing the title / deed and title insurance is prepared, and a final closing date is confirmed with all parties.
A final cash figure for what a buyer needs to bring to the closing in the form of a cashier’s check is calculated. This is based not only on a mortgage’s closing costs but factors like property taxes and utilities paid in to date by the seller.
A final walk through (also referred to as a final inspection) will often be performed the day of or before closing to verify the property is in the same condition it was when the process began.
At the closing, or settlement, table, the buyer (and seller) sign all closing documents, including the HUD-1, and the final loan documents.
The buyer pays the remaining funds in their down payment to an attorney or a representative of the title company (who is present at closing, and sometimes called a ‘settlement agent’) via cashier’s check.
The representative from the title company or attorney will then record the transaction and deed with the appropriate municipality.
The buyer receives the keys and, unless indicated differently in the contract, officially takes possession of the property.
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Maryland Homebuying and Closing Process NOW IS A GREAT TIME TO BUY A HOME In Spanish  Buyers NOW IS A GREAT TIME TO BUY A HOME IN Maryland, Virginia or District of Columbia!
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melissawalker01 · 5 years
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Corporate Lawyer North Salt Lake Utah
North Salt Lake, Utah is a great place to work in a corporate organization. However if you have been discriminated because you are a whistleblower and your SOX complaint has been rejected by the OSHA, you should immediately speak to an experienced corporate lawyer to know how you can appeal against the OSHA findings. At Ascent Law, we help you with due diligence, outside general counsel duties, recall plans, comp plans, employer/employee issues, mergers, acquisitions, corporate governance, setups and take downs among other things.
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In order to appeal the OSHA findings, a party must, “within thirty days of receipt” of the OSHA findings, file written “objections and a request for a hearing on the record” to the DOL Chief. The person filing the appeal must also be served notice of the appeal on the following persons:
• All parties of record
• The OSHA official who issued the findings and order
• DOL
After objections and a request for a hearing are filed, the case is assigned a hearing officer or administrative law judge, who must “expeditiously set a hearing date.” No party is required to file an answer to the request for a hearing. The hearing is de novo and “on the record.” Once filed, the case is assigned to a judge and docketed for a trial on the merits. The appeal must be filed within thirty days’ notice of the OSHA findings and consists of a formal request for a “hearing on the record” and the filing of “objections” to the OSHA findings.
The hearing before an ALJ is the most significant phase of a DOL corporate whistleblower case. The case is heard de novo, and the parties are permitted to have their claims adjudicated in a formal bench trial. ALJ procedures mirror those of the Federal Rules of Civil Procedure, and parties are permitted to engage in pretrial discovery. At the hearing, each party is permitted to call and / or cross-examine witnesses and create a detailed factual record. Because the case is tried before a judge and not a jury, the federal rules of evidence do not apply, and the hearing procedures are less formal than a jury trial. Given the nature of a whistleblower case, in which a party’s intent is at issue, hearings can often be long and complex. It is not uncommon for a trial to last well over two weeks and for hundreds of exhibits to be filed.
After the hearing, most ALJ’s permit the parties to file detailed findings of fact and conclusions of law based on the full trial record. After the record closes, and the post-hearing findings are filed by the parties, the ALJ issues a recommended decision and order on the merits of the case. Unless appealed to the DOL Administrative Review Board, this recommended decision constitutes the final order of the Department of Labor. Even if it is appealed, the ARB reviews the ALJ determination under a “substantial evidence” standard, and the factual record created before the ALJ becomes the formal agency record for purposes of any further appeals. Because the ALJ’s adjudication of a whistleblower case is de novo, the parties are not bound by any of the factual or legal determinations issued during the OSHA investigation. The OSHA ruling does not constitute evidence, and under the case law, the OSHA determination does not constitute admissible evidence. Thus, the decision of OSHA to conduct an investigation, not to conduct an investigation, and / or to rule for or against an employee is rendered immaterial after the case is appealed to the Office of Administrative Law Judges. The only action taken by OSHA that survives an appeal is the preliminary order of reinstatement. That order is enforceable directly in federal court. However, if after the hearing, the ALJ’s ruling on reinstatement takes precedence over OSHA’s, that ruling becomes enforceable in federal court.
Parties to the Hearing
When a case is docketed before the Office of Administrative Law Judges, the DOL ALJ sits as a neutral hearing examiner. The employee and the employer are both parties to the proceeding. If both the employee and the employer filed appeals to the OSHA finding, the case is automatically consolidated into one proceeding. Often, an employee may file more than one complaint against the same employer regarding different adverse actions. Multiple complaints are generally consolidated into one hearing.
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Regardless of whether OSHA had decided to participate as a party in the adjudication, all the parties are required to serve OSHA with copies of all pleadings. At the request of the Securities and Exchange Commission, the parties may also be required to serve the SEC with all pleadings. In addition to the employee and employer, other “persons or organizations” that could be “directly and adversely” affected by a final decision have the right to intervene in the case within 15 days of learning of the proceeding or participate in the case as amicus curiae. Government agencies have broad discretion, as a matter of right, to participate in the proceeding as amicus curiae
Prehearing Procedures
Under the regulations, the ALJs are required to conduct corporate whistleblower hearings “expeditiously, except upon a showing of good cause or unless agreed to by the parties.”19 Because the regulations require expedited hearings, the initial hearing date should be set within 60 days of the filing of the notice of appeal with the Chief Administrative Law Judge. Consequently, if the complainant is willing to accept “limited discovery,” an ALJ should set the hearing date no later than 60 days after the request for a hearing is filed with the Chief ALJ. Under 29 C.F.R. § 18.42, a party may specifically request that the ALJ schedule the hearing within the sixty-day time frame.
Time limits for responding to motions are short. All motions must be answered within 10 days (if the motion is mailed, 5 days are added to the answering period). This includes all responsive motions, motions to quash discovery, and motions for protective orders.
Although time limits are short, the adjudication proceedings for DOL whistleblower cases are rarely conducted within these con straints. Under the whistleblower statutes on which the SOX law was modeled, the administrative law judges held that the short deadlines were designed to “assure “the” complainant of a speedy decision and may be waived.” Employers’ attempts to have a case dismissed due to the Labor Department’s failure to comply with various statutorily set deadlines have been uniformly rejected, and numerous cases held that the failure of the DOL to comply with statutory time requirements did not strip the DOL of jurisdiction to render a final judgment. As a matter of law, even though the time limits were set forth in the statutes or regulation, they were consistently “construed as directory, rather than mandatory or jurisdictional.” Consequently, it was common practice for parties to “waive” their right to an expeditious hearing to obtain more time for discovery and pretrial preparation.
For example, the nuclear and environmental whistleblower laws had stricter time requirements than the SOX. The DOL was required to complete its full investigation and adjudication and issue a final order on the merits of a complaint within a statutory 90-day time frame. This time frame was rarely (if ever) met. Consistent with these precedents, the DOL held that it was erroneous for an administrative law judge to allow the statutory or regulatory time limits to “interfere with the full and fair presentation” of a case. Parties must be provided adequate time for preparation, and “even an expedited process must be applied in a manner that is fundamentally fair and thus provides the parties an adequate opportunity for presentation of the case.”
Under the SOX, the ability of the parties to obtain continuances was liberalized. The grounds for a continuance under the environmental statutes was a “compelling reason” standard. The SOX regulations lowered that standard to a “good cause” requirement, and specifically permitted the parties to stipulate to enlargements of time.
A request for a continuance of a hearing date must normally be filed within 14 days of the hearing. Although enlargements of time may be granted for both a hearing date and / or for other nonjurisdictional filing deadlines, it is very important for parties to meet all deadlines, as the failure to do so may result in the waiving of certain objections or claims. Allowing a case to drag on can often harm a complainant, increase litigation costs, and provide time for employers to file questionable prehearing dispositive motions.
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Parties may file motions to dismiss and for summary dismissal. These motions must be filed at least 20 days prior to a hearing. The DOL follows the case law under Federal Rule of Civil Procedure (FRCP) 12 when reviewing motions to dismiss and FRCP 56 when reviewing a motion for summary dismissal. Summary judgment motions are rarely granted in whistleblower proceedings because the central issue, causation, often requires consideration of a person’s motive. They may also be denied if discovery is still necessary. However, the failure to file an affidavit or other supporting documentation on the record in opposing summary judgment or a motion to dismiss can be fatal to an employee’s case.
Discovery Procedure
Prehearing discovery is an integral element of the litigation process, enabling a complainant to obtain the evidence the employer will rely upon to prove its case and assisting the complainant in proving discriminatory motive and disparate treatment. The ARB has noted that an “opportunity for extensive discovery is crucial” for “protecting employees and the public interest.” Additionally, “discovery in a whistleblower proceeding may well uncover questionable employment practices” and “safety deficiencies.” Most discovery issues are routinely heard by the presiding administrative law judge, whose rulings will be reversed only if they are “arbitrary or an abuse of discretion.” Parties are expected to attempt to informally resolve discovery disputes prior to filing motions to compel or requesting protective orders. The expedited nature of the Department of Labor proceedings affects prehearing discovery. Unless the administrative law judge orders otherwise, a party has 30 days to respond to requests for documents, admissions, or written interrogatories. Depositions may be conducted with only 5 working days’ notice, if the notices are hand served, and may be videotaped. Protective orders may be requested to keep information confidential or to otherwise limit or prohibit discovery. In order to obtain answers to discovery in time for the hearing, discovery requests should be served on a person or party shortly after a request for hearing is filed. Although the discovery process may be expedited, the ARB has correctly noted that “requests to extend the time to respond to discovery” are “routinely” granted.
The strict time limits set forth in many of the DOL-administered whistleblower provisions can be waived in order to permit broad discovery and provide the parties with an opportunity for the “full and fair presentation” of their cases.
The DOL has not been granted explicit subpoena power in whistleblower cases. Although DOL subpoenas cannot be enforced in federal court, the DOL can order parties to produce witnesses under their control for testimony and sanction parties for discovery abuses. The failure of an employer to fully comply with discovery may lead to serious sanctions, adverse inferences, and default judgment. Consequently, the vast majority of witnesses and documents either must be produced by a party who controls these persons / documents and / or are voluntarily produced by persons who support one side or the other.
In addition to formal discovery parties often utilize the Freedom of Information Act (FOIA) and Privacy Act to obtain documents relevant to a case from governmental authorities. For example, it is common practice for parties to request OSHA’s complete investigatory file under FOIA after the OSHA proceeding is closed and the case is appealed to the Chief ALJ. Likewise, a governmental regulatory agency may have files related to either the whistleblower and / or the concerns raised by the whistleblower.
The Hearing
Department of Labor administrative hearings are conducted as formal adjudicatory proceedings according to the Administrative Procedure Act (APA). The conduct of the hearings and the general rules of evidence are delineated in APA sections 5 U.S.C. § 556(d) and 5 U.S.C. § 554. It is extremely important for parties to create a full record at the hearing. The hearing record is the body of evidence upon which all future decisions will be made, and the ability of any party to introduce new evidence into the record after the close of a hearing is very limited.
Although similar to courtroom trials, there is never a jury, and one administrative law judge sits as the trier of law and fact. The administrative law judge has wide discretion in admitting testimony into evidence, and the Federal Rules of Evidence are neither binding nor applicable.
An experienced North Salt Lake Utah corporate lawyer can help you get the damages you deserve for the discrimination you were subject to by your employer.
North Salt Lake Utah Business Lawyer
When you need legal help for your business in North Salt Lake Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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