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It's cringe-worthy and will take a chunk out of your wallet, getting a rock to the windshield is no fun. There are a few things you can do to ensure you have the best opportunity to get reimbursed.Mother of two, Joan Sutton was driving on I-8 at 12:06 p.m. Tuesday, "I'm on the way to the Costco, I took the freeway instead of the back roads, because I was in a hurry to pick up my kids."Then, CLAP! A rock the size of a baseball smacks her windshield."I need to hide because I was scared!" Sutton said, reenacting how she crouched down and threw one hand in front of her face, fearing for her safety. The entire time she kept one hand steady on the wheel to keep her from crashing.That moment may cost her family 0. They have to completely replace her windshield, with the new large circular crack right in front of her driver's seat.She's thankful her 13 and 11-year-old weren't in the car with her."Glad I was alone, but every time I saw that crack I'm still scared," Sutton said.It's something California Highway Patrol sees all the time, even though there are laws and a small citation encouraging companies to secure their truck's loads.To try to get the company to pay for your repairs, take down the license plate number of the truck, note the date, time and location of the accident. Then report it to your local CHP office and insurance company.Depending on your insurance policy and how much damage there is, you may have to pay out of pocket.For now, Sutton says she has to keep driving, even though she's pretty shaken, "yeah because I have two kids, they're not you know big, and one of my sons has autism, yeah so I need to be brave."She and her husband, Frank, are filing a counter report with the CHP, after the fact to try and get reimbursed for the windshield they're getting fixed on Saturday.10News reached out to the trucking company Friday with no answer. 1949
It seems like it'd be pretty easy to call 911 in an emergency. But what if you can't actually talk to the dispatcher because it could tip off where you're hiding or that you're in danger? Smartphone technology is giving you a way to do that without saying a word.Maybe you're in the back of a taxi or a ride share and you want to need to get help or at least let somebody know where you are. Or maybe you're walking by yourself and something or someone around you is making you feel a little uncomfortable. A few taps on your phone and help can be on the way.We know our cell phones can make calls. But if you need help, they can also be your voice if you can't speak.It's called Emergency SOS and it comes installed on Apple iPhones. If you have a newer model you hold the side button and one of the volume buttons. If you have an older model, you press the side button five times in a row. Either way the emergency sos slider pops up. You slide it, and a call goes straight to your local emergency dispatch.Agent Dutch Smith with the Lakewood Police Department says this type of technology can be very helpful. When the service is used, the person does not have to say a word, and it shows the dispatcher the number and most importantly, the location."We can do triangulation to try and find out where you live," Smith said. "So basically what you're doing is you're pinging off the cell towers to find out exactly where the call came from."From there, your information is automatically sent to law enforcement on the ground closest to you, so they can head out to help."It may be a life or death situation involving where you need police response," Agent Smith said. "Location is paramount for us to be able to get there in a timely fashion to be able to deal with whatever has been called in."When the call ends, it even sends a text to your emergency contacts. But dispatchers ask that you only use this tool when you really need help, not to test it out.Taking the phone beyond a tool that helps you in every facet of life, to one that could help law enforcement potentially save it."I think it's two fold," Agent Smith said. "It really can help us all out."Samsung's Galaxy Android phone has a similar emergency mode, but you need to set it up by going into settings section, and "privacy and security." When activated, it'll also take a picture of where you are send it to your emergency contacts and record for five seconds.In addition to what comes with your smart phone you can also find emergency apps that you can download as well. 2577
It may not be as oft-quoted as the First Amendment or as contested as the Second Amendment, but the 14th Amendment to the United States Constitution plays a critical role in supporting some of our closest-held notions of American freedom and equality.For one, it clearly states that American citizenship is a birthright for all people who are born on American soil -- something that President Donald Trump has announced he wants to end. Not only would this unravel 150 years of American law, it would loosen a significant cornerstone of the Constitution's interpretation of American identity.In order to better understand this part of the 14th Amendment, we asked two experts in constitutional and immigration law to walk us through the first section. The amendment has five sections, but we will only be dealing with the first, which contains the Citizenship Clause and three other related clauses.But first, some historyThe 14th Amendment is known as a Reconstruction amendment, because it was added to the Constitution after the Civil War in 1868. That places it at an important historical crossroads, when lingering wounds of divisiveness and animosity still plagued the nation and the reality of a post-slavery America begged contentious racial and social questions."Thomas Jefferson said men were created equal, but the original Constitution betrayed that promise by allowing for slavery," says Jeffrey Rosen. "The 13th, 14th and 15th amendments were designed to enshrine Lincoln's promise of a new America."However, as so often is the case, this reaffirmed American ideal fell short of reality. Rosen notes that issues of civil rights and equal treatment continued to be denied to African Americans, LGBT people and other citizens for more than a century after the amendment's ratification.And Erika Lee points out that Native Americans weren't even allowed to become citizens until 1925."Even as [these amendments] were written, obviously there were major built-in inequalities and maybe at the time weren't intended to apply to everyone," Lee says.Why was citizenship by birthright such an important concept?"Citizenship was a central question left open by the original Constitution," says Rosen. "At the time it was written, the Constitution assumed citizenship, but it didn't provide any rules for it. In the infamous Dred Scott decision, the Chief Justice said African Americans can't be citizens of the US and 'had no rights which the white man was bound to respect.'"The US Supreme Court's ruling in the Dred Scott case, named for a slave who unsuccessfully sued for his freedom, has since been widely condemned.READ MORE: Scott v. Sandford"The 14th Amendment was designed to overturn this decision and define citizenship once and for all, and it was based on birthright," Rosen says. "It is really important that it's a vision of citizenship based on land rather than blood. It is an idea that anyone can be an American if they commit themselves to our Constitutional values."What does it mean to be "subject to the jurisdiction thereof?"According to Rosen, this is one of the greatest questions of citizenship. There are two clear examples of people not subject to the jurisdictions of the United States: diplomats and their children, and -- at the time of the 14th Amendment -- Native Americans, who were not recognized as part of the American populace."With those two exceptions, everyone who was physically present in the United States was thought to be under its jurisdiction," Rosen says. "There are numerous Supreme Court cases that reaffirm that understanding, and almost as importantly, there are lots of congressional statutes that assume birthright citizenship."Some scholars, like John Eastman of the Claremont Institute's Center for Constitutional Jurisprudence, have argued that children of illegal immigrants are not "subject to the jurisdiction" of the US and thus should not be considered citizens under the Constitution.But Rosen says this is a minority view among constitutional scholars of all political backgrounds."While the Supreme Court has not explicitly ruled [on the instance of children of illegal immigrants], Congress has passed all kinds of laws presuming their citizenship," Rosen says.What is the connection between birthright citizenship and immigration?In 1898, 30 years after the 14th Amendment was adopted, the Supreme Court reached a defining decision in a case known as the United States v. Wong Kim Ark. Lee explains that Wong Kim Ark was the American-born son of Chinese immigrants."Asian immigrants were the first immigrants to the US that couldn't be considered white," Lee says. "So they are treated differently. They are taxed differently, they are stripped of many rights. In the 1880s, they are excluded from immigration and barred from citizenship."READ MORE: The United States v. Wong Kim ArkSo, the main question of the case was, could a person born in America be a citizen in a place where his parents could not be as well? The Supreme Court decided yes, and the case remains the first defining legal decision made under the banner of birthright citizenship."[The Supreme Court's decision] said that the right of citizenship is not a matter of inheritance, that it never descends from generation to generation, it is related to where you're born," Lee says. "It's about the power of place. That has been a very expansive, and at the time, a corrective measure to a more exclusionary definition both legally as well as culturally as to what an American is."Why must it be stated that the privileges of citizenship need to be protected?Before the Civil War, states didn't necessarily have to follow the provisions stated in the Bill of Rights; only Congress had to. The 14th Amendment changed that."This second sentence of the Amendment means that states have to respect the Bill of Rights as well as basic civil rights and the rights that come along with citizenship," Rosen says. "The idea was that there were rights that were so basic; so integral to citizenship that they could not be narrowed by the states."Despite the promises and protections of citizenship, Lee says it is abundantly clear that different racial groups were, and often are, seen as unable or unworthy to function as true American citizens. After all, basic rights of citizenship, like suffrage and equal treatment, were denied certain racial groups for a hundred years after the 14th Amendment."The idea of a law applying to 'all people' seems to be clear. But in reality, the debate and the laws and practices that get established are very much based on a hierarchy of, well sure, all persons, but some are more fit and some are more deserving than others," she says.Throughout history, Asian immigrants, Mexican immigrants, Muslim immigrants and their children, to name a few, have had unspoken cultural caveats applied to their ability to be Americans."For Asian immigrants, the racial argument at the time was that 'It didn't matter whether one were born in the US or not, Asians as a race, are unassimilable. They are diametrically opposite from us Americans,'" Lee says."That was the argument that was used to intern Japanese citizens. It was the denial of citizenship in favor of race: 'The ability to become American, the ability to assimilate, they just didn't have it.'"Why was it important to legalize rights for non-citizens?So far, we've covered the first clause, the Citizenship Clause, and the second, the Privileges and Immunities Clause. These both deal with American citizens.The final two clauses, the Due Process Clause and the Equal Protection clause, are a little different, and deal with the rights of all people in the United States.Eagle-eyed Constitution readers will notice that the 14th Amendment contains a "due process" clause very similar to the Fifth Amendment. This, says Rosen, was a technical addition to ensure the Fifth Amendment wasn't theoretically narrowed down to protect only American citizens."The 14th Amendment distinguishes between the privileges of citizenship and the privileges of all people," Rosen says. "The framers [of the amendment] thought there were certain rights that were so important that they should be extended to all persons, and in order to specify that they needed a new 'due process' clause."What does it mean to have 'equal protection of the laws'?"At the time following the Civil War, at its core, it meant all persons had the right to be protected by the police, that the laws of the country should protect all people," Rosen says. "In the 20th century, more broader questions were litigated under the 14th Amendment, like Brown v. Board of Education -- whether segregation was constitutional. Cases involving the internment of Japanese citizens, case from the marriage equality decisions, even Roe vs. Wade have strains of equal protection language and invoke due process law."READ MORE: Brown v. Board of EducationAnother interesting case that speaks directly to the immigration side of the 14th Amendment debate is the 1982 case of Plyler v. Doe, in which the Supreme Court ruled it was unconstitutional for the state of Texas to deny funding for undocumented immigrant children.READ MORE: Plyler v. DoeWhy are we talking about all this right now?This week,?Trump vowed to end the right to citizenship for the children of non-citizens and unauthorized immigrants born on US soil.But his interest in repealing birthright citizenship isn't a new idea. Lee says for the last 30 years or so, there have been several overtures by the political right to explore "citizenship reform," a timeline that she says aligns with the ascendancy of modern American conservatism.Lee fears if the current push to end birthright citizenship is successful, it could have wider implications than most people assume. People from other countries who are here legally on work or student visas, for instance, could have children who do not legally belong to the only country they know."There have been attempts since the 1990s to break away birthright citizenship, or narrow it down, and it did not seem that they would have a chance at succeeding until now," she says."To me this not only reflects the ascendancy of an extreme right position but also a return to a very narrow and exclusionary definition of Americanness." 10356
It may not have been an Oscar, but Dwayne Johnson graciously accepted the award anyway."The Rock" posted a video Sunday on Instagram accepting a Razzie for last year's "Baywatch." The Golden Raspberry Awards, known as the Razzies, celebrate the best of the worst in Hollywood.Along with the video, the star wrote, "So let me go ahead and take this "L" right on the chin for Baywatch. Win some, lose some, but hey... that's the way love goes.""Happy Oscars Sunday!" he said in the video. "I'm super pumped and very proud for my buddies who've been nominated tonight, pulling for you guys to bring home the gold. I'm also excited because I was just informed that I too am bringing home the gold tonight." 716
Is it safe to ride public transit during the coronavirus pandemic? It depends on a variety of factors, but there are ways to minimize risk. Experts say the main way the virus spreads is through droplets people spray when they talk, cough or sneeze, so the best way to reduce the spread of infection on public transit and elsewhere is to wear and mask and stay 6 feet from others. Surfaces are believed to pose a risk to a lesser degree, and transit systems are employing a variety of cleaning techniques. It's still best to avoid touching surfaces if possible.The CDC has issued guidance for using public transportation amid the pandemic. "Travel increases your chances of getting and spreading COVID-19. Your chances of getting COVID-19 while traveling also depend on whether you and those around you take steps to protect yourself and others, such as wearing masks and staying 6 feet away from people outside your household (social distancing)," the CDC said. "Airports, bus stations, train stations, and rest stops are all places travelers can be exposed to the virus in the air and on surfaces. These are also places where it can be hard to social distance. In general, the longer you are around a person with COVID-19, the more likely you are to get infected. 1272