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A procrastinators willpower lies in the fact that he keeps work pending because he strongly feels he wants to do the same – keep it pending.
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Amit Abraham
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Each day we go to our work in the hope of discovering,—in the hope that some one, no matter who, may find a solution of one of the pending great problems,—and each succeeding day we return to our task with renewed ardor; and even if we are unsuccessful, our work has not been in vain, for in these strivings, in these efforts, we have found hours of untold pleasure, and we have directed our energies to the benefit of mankind.
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Nikola Tesla (Experiments with Alternate Currents of High Potential and High Frequency A Lecture Delivered before the Institution of Electrical Engineers, London)
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Another year is ending, but something is pending
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Ernest Agyemang Yeboah
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Amateurs are fond of advising that all practical measures should be postponed pending carrying out detailed researches upon the habits of anophelines, the parasite rate of localities, the effect of minor works, and so on. In my opinion, this is a fundamental mistake. It implies the sacrifice of life and health on a large scale while researches which may have little real value and which may be continued indefinitely are being attempted… In practical life we observe that the best practical discoveries are obtained during the execution of practical work and that long academic discussions are apt to lead to nothing but academic profit. Action and investigation together do more than either of these alone.
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Ronald Ross (Researches on malaria)
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All of the questions that had been open when my head had hit the pillow were still pending. But in the intervening hours, my brain had been changing to fit the new shape of my world. I guess that’s why we can’t do anything else when we’re sleeping: it’s when we work hardest.
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Neal Stephenson (Anathem)
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time itself is neutral; it can be used either destructively or constructively. More and more I feel that the people of ill will have used time much more effectively than have the people of good will. We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.
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Martin Luther King Jr.
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You know, of course, that as prophesied by Moroni, there are those whose research relating to Joseph Smith is not for the purpose of gaining added light and knowledge but to undermine his character, magnify his flaws, and if possible destroy his influence. Their work product can sometimes be jarring, and so can issues raised at times by honest historians and researchers with no “axe to grind.” But I would offer you this advice in your own study: Be patient, don’t be superficial, and don’t ignore the Spirit.
In counseling patience, I simply mean that while some answers come quickly or with little effort, others are simply not available for the moment because information or evidence is lacking. Don’t suppose, however, that a lack of evidence about something today means that evidence doesn’t exist or that it will not be forthcoming in the future. The absence of evidence is not proof. . . .
When I say don’t be superficial, I mean don’t form conclusions based on unexamined assertions or incomplete research, and don’t be influenced by insincere seekers. I would offer you the advice of our Assistant Church Historian, Rick Turley, an intellectually gifted researcher and author whose recent works include the definitive history of the Mountain Meadows Massacre. He says simply, “Don’t study Church history too little.” While some honestly pursue truth and real understanding, others are intent on finding or creating doubts. Their interpretations may come from projecting 21st Century concepts and culture backward onto 19th Century people. If there are differing interpretations possible, they will pick the most negative. They sometimes accuse the Church of hiding something because they only recently found or heard about it—an interesting accusation for a Church that’s publishing 24 volumes of all it can find of Joseph Smith’s papers. They may share their assumptions and speculations with some glee, but either can’t or won’t search further to find contradictory information. . . .
A complete understanding can never be attained by scholarly research alone, especially since much of what is needed is either lost or never existed. There is no benefit in imposing artificial limits on ourselves that cut off the light of Christ and the revelations of the Holy Spirit. Remember, “By the power of the Holy Ghost, ye may know the truth of all things.” . . .
If you determine to sit still, paralyzed until every question is answered and every whisper of doubt resolved, you will never move because in this life there will always be some issue pending or something yet unexplained.
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D. Todd Christofferson
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All men know that by sheer weight of physical force, the mass of men must in the last resort become the arbiters of human action. But reason, skill, wealth, machines and power may for long periods enable the few to control the many. But to what end? The current theory of democracy is that dictatorship is a stopgap pending the work of universal education, equitable income, and strong character. But always the temptation is to use the stopgap for narrower ends, because intelligence, thrift and goodness seem so impossibly distant for most men. We rule by junta; we turn Fascist, because we do not believe in men; yet the basis of fact in this disbelief is incredibly narrow. We know perfectly well that most human beings have never had a decent human chance to be full men. Most of us may be convinced that even with opportunity the number of utter human failures would be vast; and yet remember that this assumption kept the ancestors of present white America long in slavery and degradation.
It is then one's moral duty to see that every human being, to the extent of his capacity, escapes ignorance, poverty and crime. With this high ideal held unswervingly in view, monarchy, oligarchy, dictatorships may rule; but the end will be the rule of All, if mayhap All or Most qualify. The only unforgivable sin is dictatorship for the benefit of Fools, Voluptuaries, gilded Satraps, Prostitutes and Idiots. The rule of the famished, unlettered, stinking mob is better than this and the only inevitable, logical and justifiable return. To escape from ultimate democracy is as impossible as it is for ignorant poverty and crime to rule forever.
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W.E.B. Du Bois (Black Reconstruction in America 1860-1880)
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after major-league criminals who couldn’t be caught through legal means. So Nick remained a major-league criminal himself, secretly working for the FBI, and Kate remained a top FBI field agent, secretly working with an international fugitive. And that’s why Kate was currently taking the curves on Sunset like it was the Talladega Superspeedway. She was hoping to catch Nick in his Sunset Strip penthouse. Technically, the penthouse wasn’t Nick’s. The IRS had seized it from a rapper who’d neglected to pay his taxes, and then the IRS had left it unoccupied pending sale. Nick had posed as the listing agent and quietly moved in. Thanks to rich tax cheats, Nick could always find a swanky place to stay that didn’t require him to show
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Janet Evanovich (Tricky Twenty-Two (Stephanie Plum #22))
“
BIFF - Hast though my homework finish'd yet, McFly?
GEORGE - In truth, it is not yet completed, Biff.
Because it is not due until far later.
[Biff grabs George and begins knocking on his head.]
BIFF - I'll bash thee on thy pate, an thou so speakest!
Are brains herein, that I must knock and see?
Use thou thy mind and with it think, McFly -
I must have time enow to write the words
In mine own hand, as if the work were mine.
Hast thou the consequences consider'd, George,
Should I submit some homework pen'd by thee,
Writ in the manner of thy shaky hand?
I would, most quickly, be sent from the school.
Thou wouldst not want that lot for Biff, wouldst thou?
Wouldst thou? Speak faster, for thy pause doth vex.
GEORGE - Of course not, Biff, 'twould be a tragedy.
[Biff notices Marty staring at George.]
BIFF - [to Marty:] Upon what lookest thou, thou arse-like pate?
SKINHEAD - Behold his life preserver, Biff - ha, ha!
This knave, this rogue, this dork thinks he shall drown.
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Ian Doescher (William Shakespeare's Get Thee Back to the Future!)
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Ouch.” The yelp came out by accident as Trent went back over the bumps of her spine. Harper winced. Trent was doing his best to move the needle location around, she could feel that, but it was really starting to hurt.
She heard Trent put down his equipment and slide the stool around in front of her.
“This is the worst it’s going to be, Harp. You’re being so incredibly brave. I’ve had grown men cry at this point.”
He paused for a moment before kissing her gently on the temple. “We have two options. I can stop in a minute and we can pick it up next time, or I can keep going for another twenty minutes and it will be done. The final appointments, then, will be short and sweet. Not to mention a whole lot less painful.”
Harper took in a deep breath and blew it out harshly. Determined not to cry, she bit down on her lip hard. It stopped the pending deluge, but the tears still threatened.
“Oh darlin’.” Trent kissed her softly. “I’d switch places with you in a heartbeat if I could. I know it hurts where I’m working.”
Harper nodded. He understood. “Can you make it fifteen?”
Trent kissed the side of her eye, where a single tear was making a break for freedom.
“I’ll do it in ten.
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Scarlett Cole (The Strongest Steel (Second Circle Tattoos, #1))
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To understand and criticise intelligently so vast a work, one must not forget an instant the drift of things in the later sixties. Lee had surrendered, Lincoln was dead, and Johnson and Congress were at loggerheads; the Thirteenth Amendment was adopted, the Fourteenth pending, and the Fifteenth declared in force in 1870. Guerrilla raiding, the ever-present flickering after-flame of war, was spending its forces against the Negroes, and all the Southern land was awakening as from some wild dream to poverty and social revolution. In a time of perfect calm, amid willing neighbors and streaming wealth, the social uplifting of four million slaves to an assured and self-sustaining place in the body politic and economic would have been a herculean task; but when to the inherent difficulties of so delicate and nice a social operation were added the spite and hate of conflict, the hell of war; when suspicion and cruelty were rife, and gaunt Hunger wept beside Bereavement,—in such a case, the work of any instrument of social regeneration was in large part foredoomed to failure. The very name of the [Freedmen's] Bureau stood for a thing in the South which for two centuries and better men had refused even to argue,—that life amid free Negroes was simply unthinkable, the maddest of experiments.
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W.E.B. Du Bois (The Souls of Black Folk)
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there are continually turning up in life moral and rational persons, sages and lovers of human- ity who make it their object to live all their lives as morally and rationally as possible, to be, so to speak, a light to their neighbours simply in order to show them that it is possible to live morally and rationally in this world. And yet we all know that those very people sooner or later have been false to themselves, playing some queer trick, o en a most un- seemly one. Now I ask you: what can be expected of man since he is a being endowed with strange qualities? Show- er upon him every earthly blessing, drown him in a sea of happiness, so that nothing but bubbles of bliss can be seen
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on the surface; give him economic prosperity, such that he should have nothing else to do but sleep, eat cakes and busy himself with the continuation of his species, and even then out of sheer ingratitude, sheer spite, man would play you some nasty trick. He would even risk his cakes and would deliberately desire the most fatal rubbish, the most uneco- nomical absurdity, simply to introduce into all this positive good sense his fatal fantastic element. It is just his fantastic dreams, his vulgar folly that he will desire to retain, simply in order to prove to himself—as though that were so neces- sary— that men still are men and not the keys of a piano, which the laws of nature threaten to control so completely that soon one will be able to desire nothing but by the cal- endar. And that is not all: even if man really were nothing but a piano-key, even if this were proved to him by natural science and mathematics, even then he would not become reasonable, but would purposely do something perverse out of simple ingratitude, simply to gain his point. And if he does not nd means he will contrive destruction and chaos, will contrive su erings of all sorts, only to gain his point! He will launch a curse upon the world, and as only man can curse (it is his privilege, the primary distinction be- tween him and other animals), may be by his curse alone he will attain his object—that is, convince himself that he is a man and not a piano-key! If you say that all this, too, can be calculated and tabulated—chaos and darkness and curses, so that the mere possibility of calculating it all be- forehand would stop it all, and reason would reassert itself, then man would purposely go mad in order to be rid of rea-
0 Notes from the Underground
son and gain his point! I believe in it, I answer for it, for the whole work of man really seems to consist in nothing but proving to himself every minute that he is a man and not a piano-key! It may be at the cost of his skin, it may be by can- nibalism! And this being so, can one help being tempted to rejoice that it has not yet come o , and that desire still de- pends on something we don’t know?
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Fyodor Dostoevsky
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A man can survive ten years--but twenty-five, who can get through alive? Shukhov rather enjoyed having everybody poke a finger at him as if to say: Look at him, his term's nearly up. But he had his doubts about it. Those zeks who finished their time during the war had all been "retained pending special instructions" and had been released only in '46. Even those serving three-year sentences were kept for another five. The law can be stood on its head. When your ten years are up they can say, "Here's another ten for you." Or exile you. Yet there were times when you thought about it and you almost choked with excitement. Yes, your term really _is_ coming to an end; the spool is unwinding. . . . Good God! To step out to freedom, just walk out on your own two feet. But it wasn't right for an old-timer to talk about it aloud, and Shukhov said to Kilgas: "Don't you worry about those twenty-five years of yours. It's not a fact you'll be in all that time. But that I've been in eight full years--now that is a fact." Yes, you live with your feet in the mud and there's no time to be thinking about how you got in or how you're going to get out. According to his dossier, Ivan Denisovich Shukhov had been sentenced for high treason. He had testified to it himself. Yes, he'd surrendered to the Germans with the intention of betraying his country and he'd returned from captivity to carry out a mission for German intelligence. What sort of mission neither Shukhov nor the interrogator could say. So it had been left at that- -a mission. Shukhov had figured it all out. If he didn't sign he'd be shot If he signed he'd still get a chance to live. So he signed. But what really happened was this. In February 1942 their whole army was surrounded on the northwest front No food was parachuted to them. There were no planes. Things got so bad that they were scraping the hooves of dead horses--the horn could be soaked In water and eaten. Their ammunition was gone. So the Germans rounded them up in the forest, a few at a time. Shukhov was In one of these groups, and remained in German captivity for a day or two. Then five of them managed to escape. They stole through the forest and marshes again, and, by a miracle, reached their own lines. A machine gunner shot two of them on the spot, a third died of his wounds, but two got through. Had they been wiser they'd have said they'd been wandering in the forest, and then nothing would have happened. But they told the truth: they said they were escaped POW's. POW's, you fuckers! If all five of them had got through, their statements could have been found to tally and they might have been believed. But with two it was hopeless. You've put your damned heads together and cooked up that escape story, they were told. Deaf though he was, Senka caught on that they were talking about escaping from the Germans, and said in a loud voice: "Three times I escaped, and three times they caught me." Senka, who had suffered so much, was usually silent: he didn't hear what people said and didn't mix in their conversation. Little was known about him--only that he'd been in Buchenwald, where he'd worked with the underground and smuggled in arms for the mutiny; and how the Germans had punished him by tying his wrists behind his back, hanging him up by them, and whipping him. "You've been In for eight years, Vanya," Kilgas argued. "But what camps? Not 'specials.' You bad breads to sleep with. You didn't wear numbers. But try and spend eight years in a 'special'--doing hard labor. No one's come out of a 'special' alive." "Broads! Boards you mean, not broads." Shukhov stared at the coals in the stove and remeinbered his seven years in the North. And how he worked for three years hauling logs--for packing cases and railroad ties. The flames in the campfires had danced up there, too--at timber-felling during the night. Their chief made it a rule that any squad that had failed to meet its quota had to stay In the forest after dark.
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Alexander Solzhenitsyn (One Day in the Life of Ivan Denisovich)
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Simon Marton's book, Journey of a Reluctant Air Steward should be required reading for anyone wondering what the airline Flight Attendant / Cabin Crew career is all about. Especially useful for pending applicants as part of their research for the complicated interview process. Simon has worked for multiple airlines in various roles, with a sense of humor that is one of the skills needed to succeed in the job.
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Tim Kirkland
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Nothing could be easier, on the face of it, than this stupid scullion work, but it is astonishing hard when one is in a hurry. (...) You are, for example, making toast, when bang! down comes a service lift with an order for tea, rolls, and three different kinds of jam and simultaneously bang! down comes another demanding scrambled eggs, coffee and grapefruit; you run to the kitchen for the eggs and to the dining-room for the fruit, going like lightening so as to be back before your toast burns, and having to remember about the tea and coffee, besides half a dozen other orders that are still pending; and at the same time some waiter is following you and making trouble about a lost bottle of soda-water, and you are arguing with him. It needs more brains than one might think. Mario said, no doubt truly, that it took a year to make a reliable cafetier.
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George Orwell (Down and Out in Paris and London)
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Knowing What Your Job Is We are trained to believe our “job” is the set of tasks we accomplish for an employer in return for money. That’s how I saw it until a CEO shared with me his approach to business. He viewed his career as a non-stop search for a better job and because of that changed jobs and companies often. Apparently it worked because he was the head of a company when I met him. Usual Frame: Your job is what your boss tells you it is. Reframe: Your job is to get a better job. Don’t confuse your job with the work your employer wants you to do. The boss might want you to process all the pending orders by quitting time, but your job is to get a better job. Everything else you do should service that reframe. If it doesn’t help you leave the job you are in and upgrade, it might not be worth doing. But don’t worry that this line of thinking feels sociopathic—doing a good job on your assigned duties is one way to look good for promotions. The reframe reminds us to be in continuous job-search mode, including on the first day of work at a new job. If that sounds unethical, consider that your employer would drop you in a second if the business required it. In a free market, you can do almost anything that is normal and legal. Changing jobs—for any reason you want—is normal. Your employer’s job is to take care of the shareholders. It’s your job to take care of you. That doesn’t always mean acting selfishly. If being generous with your time and energy seems as if it will have the better long-term payoff, do that. Your employer might want to frame employees as “a family,” which is common, but that’s to divert you from the fact that they can fire you at will. They don’t want you to know you have the same power to fire them. Part of the job of leadership is convincing you that what is good for the leader is good for you. Sometimes that is the case but keep your priorities clear. You are number one. When I recommend being selfish in the job market, I expect you to know that approach works best when dealing with a big corporation. A small business might require a more generous approach. When your workplace reframe is that your job is to get a better job, that helps you make decisions that work in your favor. For example, if you’re offered a choice of two different projects at work, pick the one that teaches you a valuable skill, lets you show off what you can do, or lets you network with people who can help you later. Don’t make the mistake of picking the project that has the most value to the company if doing so has the least value to you. Sometimes your best career move is to do exactly what your boss asks, especially if it’s critical to the company. You’ll know those situations when you see them. Don’t lose sight of your mission: Get a better job. Boredom
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Scott Adams (Reframe Your Brain: The User Interface for Happiness and Success (The Scott Adams Success Series))
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We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. Human progress never rolls in on wheels of inevitability; it comes through the tireless efforts of men willing to be co-workers with God, and without this hard work, time itself becomes an ally of the forces of social stagnation. We must use time creatively, in the knowledge that the time is always ripe to do right. Now is the time to make real the promise of democracy and transform our pending national elegy into a creative psalm of brotherhood. Now is the time to lift our national policy from the quicksand of racial injustice to the solid rock of human dignity.
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Bryan Loritts (Letters to a Birmingham Jail: A Response to the Words and Dreams of Dr. Martin Luther King, Jr.)
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This was an extraordinary exercise of judicial power, to say the least. Apart from the meager settlement of the civil claim, criminal proceedings arising out of the disaster, wherever they may be pending, would stand quashed. What was surprising was that five Supreme Court judges, the learned attorney general of India, others taking daily interest in the litigation, and the press, which gets terribly hot under the collar about lesser matters, did not object to this unusual settlement reeking of corruption. This settlement, agreed upon without consulting either the victims, the NGOs working for their welfare, or their well wishers has been characterized by Prof. Upen Baxi, India’s best scholar jurist, as an ‘unconscionable settlement’ by an unscrupulous Congress government.
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Ram Jethmalani (RAM JETHMALANI MAVERICK UNCHANGED, UNREPENTANT)
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Will Trystan, the vampire's, pending orthodontia work hinder his lust for blood? Find out in my upcoming novel . . .
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Arielle Hunter
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From a nitty-gritty, practical standpoint, here is the drill that can get you there: Loose Papers Pull out all miscellaneous scraps of paper, business cards, receipts, and so on that have crept into the crevices of your desk, clothing, and accessories. Put it all into your in-basket for processing. Process Your Notes Review any journal entries, meeting notes, or miscellaneous notes scribbled on notebook paper. List action items, projects, waiting-fors, calendar events, and someday/ maybes, as appropriate. File any reference notes and materials. Stage your “Read/Review” material. Be ruthless with yourself, processing all notes and thoughts relative to interactions, projects, new initiatives, and input that have come your way since your last download, and purging those not needed. Previous Calendar Data Review past calendar dates in detail for remaining action items, reference information, and so on, and transfer that data into the active system. Be able to archive your last week’s calendar with nothing left uncaptured. Upcoming Calendar Look at future calendar events (long- and short-term). Capture actions about arrangements and preparations for any upcoming events. Empty Your Head Put in writing (in appropriate categories) any new projects, action items, waiting-fors, someday/maybes, and so forth that you haven’t yet captured. Review “Projects” (and Larger Outcome) Lists Evaluate the status of projects, goals, and outcomes one by one, ensuring that at least one current kick-start action for each is in your system. Review “Next Actions” Lists Mark off completed actions. Review for reminders of further action steps to capture. Review “Waiting For” List Record appropriate actions for any needed follow-up. Check off received items. Review Any Relevant Checklists Is there anything you haven’t done that you need to do? Review “Someday/Maybe” List Check for any projects that may have become active and transfer them to “Projects.” Delete items no longer of interest. Review “Pending” and Support Files Browse through all work-in-progress support material to trigger new actions, completions, and waiting-fors. Be Creative and Courageous Are there any new, wonderful, hare-brained, creative, thought-provoking, risk-taking ideas you can add to your system?
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David Allen (Getting Things Done: The Art of Stress-Free Productivity)
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But the bequest is involved in legal disputes, and pending them the work has stopped; so that like many other great undertakings in America, even this is rather going to be done one of these days, than doing now.
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Charles Dickens (American Notes and Pictures from Italy)
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Papers can be broadly divided into three categories: pending, save because you have to, and save because you want to.
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Marie Kondō (Joy at Work: Organizing Your Professional Life)
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The Phlegmatic-Sanguine Person (PHLEG-SAN) These people are mostly seen as introverts. They are most peaceful people who go forgo their rights in order to live peacefully with others. Their temperament combination makes them very ideal people to get along with. Strengths of the PHLEG-SAN person They are gentle people who are honored in any group they find themselves. They are also very thoughtful and diplomatic. They are dependable and will rarely let the secret confided to them by friends. They have self-control. They are rarely seen exchanging words with people. They prefer forfeiting their rights and living peacefully with people to demanding these, which may lead to married relations. They enjoy the quiet life. They are the types who tell jokes without laughing. while others are laughing, they remain quiet, as if the humor came from somewhere else. It seems all fields of work are open to them. For example, they are good accountants, registrars, ministers, mechanics, teachers, and counsellors. This group of people do not enjoy trading activities but can do them when motivated Weaknesses of the PHLEG-SAN person These types of people are almost similar to their counterpart- the SAN-PHLEG. They lack motivation. They need to be motivated else they will leave their responsibilities undone. They allow themselves to be instructed and directed by people around them. Thus here, they fall victim to the sin of negligence. They procrastinate and often come out late. As senior officers their trays are always full of pending letters. They build shells around themselves and avoid many people and activities that could be useful to them in future. They let golden opportunities to pass by peacefully. Unless they develop personal discipline, they may never develop their natural potential. They are fearful; they need little motivation to put them to action. They lead a too relaxed life; they can even fall asleep while waiting for friends at the reception. A person of this temperament can always move peacefully with the strong willed CHOL-MEL person.
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Emmanuel Koranteng (TEMPERAMENTS: WHY PEOPLE BEHAVE THE WAY THEY DO)
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What exactly is NAD3 and how does it work? NAD3 is a patent-pending nutraceutical containing a unique Wasabi japonica extract, theacrine and copper(I)-niacin complex. Preliminary pre-clinical and human studies suggest that it turbocharges enzymes that boost the conversion of NAD+ precursors, such as NMN, to NAD+, while also suppressing the activity proteins that deplete NAD+. Dr. Lopez explains, “NAD3 co-supplementation with any NAD+ precursor (such as NMN) is like playing both on offense and defense at the same time.
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Tony Robbins (Life Force: How New Breakthroughs in Precision Medicine Can Transform the Quality of Your Life & Those You Love)
“
Most states include language stating if a landlord accepts any partial payments of rent after the landlord has started the eviction process, the accepted partial payment of rent will KILL and cancel the landlord's pending eviction action.
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Mike Butler (Landlording on AutoPilot: A Simple, No-Brainer System for Higher Profits, Less Work and More Fun (Do It All from Your Smartphone or Tablet!))
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Labor and employment firm Fisher & Phillips LLP opened a Seattle office by poaching partner Davis Bae from labor and employment competitor Jackson Lewis PC. Mr. Bea, an immigration specialist, will lead the office, which also includes new partners Nick Beermann and Catharine Morisset and one other lawyer. Fisher & Phillips has 31 offices around the country. Sara Randazzo LAW Cadwalader Hires New Partner as It Looks to Represent Activist Investors By Liz Hoffman and David Benoit | 698 words One of America’s oldest corporate law firms is diving into the business of representing activist investors, betting that these agitators are going mainstream—and offer a lucrative business opportunity for advisers. Cadwalader, Wickersham & Taft LLP has hired a new partner, Richard Brand, whose biggest clients include William Ackman’s Pershing Square Capital Management LP, among other activist investors. Mr. Brand, 35 years old, advised Pershing Square on its campaign at Allergan Inc. last year and a board coup at Canadian Pacific Railway Ltd. in 2012. He has also defended companies against activists and has worked on mergers-and-acquisitions deals. His hiring, from Kirkland & Ellis LLP, is a notable step by a major law firm to commit to representing activists, and to do so while still aiming to retain corporate clients. Founded in 1792, Cadwalader for decades has catered to big companies and banks, but going forward will also seek out work from hedge funds including Pershing Square and Sachem Head Capital Management LP, a Pershing Square spinout and another client of Mr. Brand’s. To date, few major law firms or Wall Street banks have tried to represent both corporations and activist investors, who generally take positions in companies and push for changes to drive up share prices. Most big law firms instead cater exclusively to companies, worried that lining up with activists will offend or scare off executives or create conflicts that could jeopardize future assignments. Some are dabbling in both camps. Paul, Weiss, Rifkind, Wharton & Garrison LLP, for example, represented Trian Fund Management LP in its recent proxy fight at DuPont Co. and also is steering Time Warner Cable Inc.’s pending sale to Charter Communications Inc. Willkie Farr & Gallagher LLP and Gibson, Dunn & Crutcher LLP have done work for activist firm Third Point LLC. But most firms are more monogamous. Those on one end, most vocally Wachtell, Lipton, Rosen & Katz, defend management, while a small band including Schulte Roth & Zabel LLP and Olshan Frome Wolosky LLP primarily represent activists. In embracing activist work, Cadwalader thinks it can serve both groups better, said Christopher Cox, chairman of the firm’s corporate group. “Traditional M&A and activism are becoming increasingly intertwined,” Mr. Cox said in an interview. “To be able to bring that perspective to the boardroom is a huge advantage. And when a threat does emerge, who’s better to defend a company than someone who’s seen it from the other side?” Mr. Cox said Cadwalader has been thinking about branching out into activism since late last year. The firm is also working with an activist fund launched earlier this year by Cadwalader’s former head of M&A, Jim Woolery, that hopes to take a friendlier stance toward companies. Mr. Cox also said he believes activism can be lucrative, pooh-poohing another reason some big law firms eschew such assignments—namely, that they don’t pay as well as, say, a large merger deal. “There is real money in activism today,” said Robert Jackson, a former lawyer at Wachtell and the U.S. Treasury Department who now teaches at Columbia University and who also notes that advising activists can generate regulatory work. “Law firms are businesses, and taking the stance that you’ll never, ever, ever represent an activist is a financial luxury that only a few firms have.” To be sure, the handful of law firms that work for both sides say they do so
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Anonymous
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That’s because it is work. And if it’s not work, I’d sincerely question if it’s art. Inspiration gets us started—but at some point, we’ve simply got to get to work.
”
”
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Allan Kozinn (The McCartney Legacy: Volume 2: 1974 – 80)
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