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Electrochemically active microorganisms from an acid mine drainage-affected site promote cathode oxidation in microbial fuel cells.
The limited database of acidophilic or acidotolerant electrochemically active microorganisms prevents advancements on microbial fuel cells (MFCs) operated under low pH. In this study, three MFCs were used to enrich cathodic biofilms using acid mine drainage (AMD) sediments as inoculum. Linear sweep voltammetry showed cathodic current plateaus of 5.5 (±0.7) mA at about -170mV vs Ag/AgCl and 8.5 (±0.9) mA between -500mV to -450mV vs Ag/AgCl for biofilms developed on small graphite fiber brushes. After gamma irradiation, biocathodes exhibited a decrease in current density approaching that of abiotic controls. Electrochemical impedance spectroscopy showed six-fold lower charge transfer resistance with viable biofilm. Pyrosequencing data showed that Proteobacteria and Firmicutes dominated the biofilms. Acidithiobacillus representatives were enriched in some biocathodes, supporting the potential importance of these known iron and sulfur oxidizers as cathodic biocatalysts. Other acidophilic chemolithoautotrophs identified included Sulfobacillus and Leptospirillum species. The presence of chemoautotrophs was consistent with functional capabilities predicted by PICRUSt related to carbon fixation pathways in prokaryotic microorganisms. Acidophilic or acidotolerant heterotrophs were also abundant; however, their contribution to cathodic performance is unknown. This study directs subsequent research efforts to particular groups of AMD-associated bacteria that are electrochemically active on cathodes. |
Ombud can't help if you're not honest with your insurer
Disputes over motor vehicle claims give rise to a large proportion of the complaints to the office of the Ombudsman for Short-term Insurance. Last year, they made up almost half (49%) of the complaints and accounted for 60% of the rand value recovered by the office on behalf of consumers, according to the 2016 annual report of the ombudsman, Deanne Wood.
In her report, she warned, however that insurers are using the internet, social media and “big-brother” technologies to catch out consumers who in the past may have succeeded in presenting “alternative facts” to insurance companies. She said a common illustration of this – with which her office is “very familiar” – is information about the regular driver of a vehicle.
She also said that a disproportionate number of claims for vehicles that exist only on paper were submitted to her office.
Wood said insurance was taken out for non-existent vehicles using fraudulent registration papers, and the theft of the vehicle was reported in an attempt to receive a cash pay-out.
“In an effort to avoid claims of this nature, many insurers require vehicles to be inspected before insurance kicks in. In my year in office, I learnt a lot about the high levels of creativity behind opportunistic consumers looking to make a quick buck from the insurance industry.”
NO PAYMENT, NO COVER
The ombudsman’s latest quarterly Briefcase newsletter includes a case study with a stern lesson for consumers: if you don’t pay your premiums, don’t expect to be covered.
Mr M, who insured his car with King Price Insurance, was involved in a collision on October 8 last year.
The insurer rejected Mr M’s claim on the grounds that he had failed to pay his premium for October. The premium was due on October 4. But when King Price submitted the debit order, it was returned unpaid. A second debit order was submitted on October 19, but it was also returned unpaid.
According to King Price, the second debit order was submitted in accordance with the 15-day grace period provided for under the Policyholder Protection Rules (PPR). In submitting the second debit order, King Price said it had complied with the relevant rule and that it was accordingly entitled to decline the claim.
The rule states: “An insurer shall ensure that a policy contains a provision for a period of grace for the payment of premiums of not less than 15 days after the relevant due date.”
The provision makes it clear that insurers must include a clause in their policies stating that if a premium is not paid for a specific month, consumers have the grace period within which to pay it. In Mr M’s case, the second debit order was submitted on October 19, which was 15 days after the first submission.
King Price argued that the grace period required by the rule afforded Mr M 15 days within which to pay the premium, failing which he would receive no cover, and that once the grace period had expired, and if no premium was paid, the insurer was free to take punitive action against Mr M, such as cancelling his policy or repudiating a claim.
The ombudsman, after considering the arguments by both parties, found that King Price’s interpretation of the rule was correct. “The insurer may submit a debit earlier than day 15, but will not be entitled to take any punitive action against the insured until the expiry of the 15 days,” the ombudsman said.
She found that, in attempting to effect a second deduction on day 15, King Price had satisfied its obligation in relation to the PPR, and she found that the insurer had complied with its statutory requirements and was entitled to reject the claim. |
Preimplantation genetic diagnosis of chromosome balance in embryos from a patient with a balanced reciprocal translocation.
Duplications or deletions are present in a high percentage of the gametes produced by individuals carrying balanced translocations. Preimplantation genetic diagnosis was used to examine chromosome balance in embryos from a patient having a reciprocal translocation within the short arms of chromosomes 5 and 8 (46,XX,t(5;8)(p13;p23)). This woman has two sisters with the translocation unbalanced, resulting in a partial trisomy for chromosome 5 and partial monosomy for chromosome 8 (46,XX,-8, +der(8)t(5;8)(p13;p23)) with associated mental retardation and physical abnormalities. The patient and her husband desired to have children without the abnormal chromosome balance and wished to reduce the likelihood of spontaneous abortion or need for therapeutic abortion. Fluorescence in-situ hybridization (FISH) probes for the alpha-satellite region of chromosome 8 and for a region on the short arm of chromosome 5 (5p15.2) were tested initially on lymphocytes from the patient and her sisters. The hybridization signal for chromosome 5 was detected in the expected two copies for the patient and three copies for the sisters in 87% of the cells. Two hybridization signals for chromosome 8 were detected in 96% of the cells from all individuals. Additional probe testing was done using blastomeres from polyspermic embryos. The couple then proceeded with a stimulated in-vitro fertilization (IVF) cycle and biopsies were done on 13 embryos at the 7-10-cell stage using a method of zona drilling and fluid displacement. Diagnosis was possible on at least one blastomere for nine embryos. Three embryos had nuclei with three hybridization signals for chromosome 5, three had fewer than two signals for one or both chromosomes, one was mosaic, and two had two signals for each chromosome. The latter were transferred to the patient, but pregnancy was not achieved. The results demonstrate that preimplantation genetic diagnosis for patients with reciprocal translocations can be used to identify embryos having normal chromosome balance. The potential advantages and limitations of this approach are discussed. |
Blackpool vs Newcastle - MATCHFACTS
25 April 2011 09:56
Viewed : 39
Goals: 0-1: Lovenkrands (17mins, received the ball from Barton and drilled a low shot into the bottom right-hand corner)[LNB] 1-1: Campbell (32mins, flicked Adam's corner towards goal with his heel and eluded Enrique's attempted clearance on the line)[LNB] Bookings: Tiote (55mins, foul), Evatt (90, ungentlemanly conduct)[LNB] Referee: Martin Atkinson (Halifax) Had a number of controversial decisions to make, but got the vast majority spot on 7[LNB] Attendance: 16,005[LNB] Entertainment: ***[LNB] BLACKPOOL (4-3-3): Gilks 6; Eardley 6, Baptiste 7, Evatt 6, Crainey 6; Southern 5, VAUGHAN 8, Adam 7; Phillips 7 (Varney 83), Taylor-Fletcher 6 (Puncheon 89mins), Campbell 7.[LNB] Subs (not used): Kingson (gk), Cathcart, Reid, Ormerod, Beattie.[LNB] NEWCASTLE (4-4-2):[LNB] Krul: Made a number of important saves, and left his line superbly to thwart Campbell before the break 7[LNB] Simpson: Never gives less than 100 per cent, but was fortunate not to concede a penalty when he slipped 6[LNB] WILLIAMSON: Grew in influence as the game wore on and became increasingly dominant in the air 8[LNB] Coloccini: Maintained the high standards he has been displaying recently and was as confident and assured as ever 7[LNB] Enrique: Lacked some of his usual spark and was particularly lackadaisical as Campbell scored 5[LNB] Barton: Suffered one of those afternoons when things didn't really come off, but refused to be rattled 5[LNB] Tiote: Another Newcastle midfielder who was slightly below par conceded possession more than usual 5[LNB] Nolan: Failed to offer anything in attack, but his below-par display can be partly explained by a groin problem 4[LNB] Gutierrez: His usual combination of bright touches, promising running and questionable end product 5[LNB] Lovenkrands: Took his goal superbly and was Newcastle's only effective attacking outlet for much of the game 7[LNB] Ameobi: Struggled from the word go and never got to grips with either the Blackpool defence or the surface 4[LNB] Subs: Ireland (for Lovenkrands, 62mins): Looked bright enough in the final half-hour, but his touch still hasn't really returned 6[LNB] Perch (for Nolan, 86mins)[LNB] Kuqi (for Ameobi, 90mins)[LNB] (not used): Soderberg (gk), S Taylor, R Taylor, Ranger.[LNB] Man Of The Match: DAVID Vaughan Charlie Adam has been getting all the plaudits this season, but the Wales international is almost as important to the way Blackpool play.[LNB] |
Q:
How to produce JSON output with Jersey 1.17.1 using JAXB
There is a correct answer to this question already on this site. The problem is that the question is for Jersey 1.6 and the correct answer for Jersey 1.17.1 is buried at the bottom. I figured I'd create a correct question for this answer so that it'd be easier to find help for people struggling with this (like I was).
A:
First, you need to add this to your web.xml:
<servlet>
<servlet-name>JerseyServlet</servlet-name>
<servlet-class>com.sun.jersey.spi.container.servlet.ServletContainer</servlet-class>
<init-param>
<param-name>com.sun.jersey.api.json.POJOMappingFeature</param-name>
<param-value>true</param-value>
</init-param>
Then, take any of the classes you want to serialize across the wire and add this annotation to the top of them:
import javax.xml.bind.annotation.XmlRootElement;
@XmlRootElement
public class ...
Then add the appropriate jars to the classpath. It's not enough to add the Jersey jars, you also need to add jackson. I downloaded the zip that includes 12 different jars. Once I added all 12 jars to my classpath I finally got rid of the error and works great returning JSON.
I hope this helps somebody.
Download Zip with 12 Jars:
Here is a link to the zip file that contains the 12 jar files: jersey-archive-1.17.zip
For Maven Users:
Add the following to your pom.xml to get the 12 jars individually:
<dependency>
<groupId>com.sun.jersey</groupId>
<artifactId>jersey-servlet</artifactId>
<version>1.17.1</version>
</dependency>
<dependency>
<groupId>com.sun.jersey</groupId>
<artifactId>jersey-client</artifactId>
<version>1.17.1</version>
</dependency>
<dependency>
<groupId>com.sun.jersey</groupId>
<artifactId>jersey-json</artifactId>
<version>1.17.1</version>
</dependency>
<dependency>
<groupId>com.sun.jersey</groupId>
<artifactId>jersey-core</artifactId>
<version>1.17.1</version>
</dependency>
<dependency>
<groupId>com.sun.jersey</groupId>
<artifactId>jersey-server</artifactId>
<version>1.17.1</version>
</dependency>
<dependency>
<groupId>org.codehaus.jackson</groupId>
<artifactId>jackson-core-asl</artifactId>
<version>1.9.2</version>
</dependency>
<dependency>
<groupId>org.codehaus.jackson</groupId>
<artifactId>jackson-mapper-asl</artifactId>
<version>1.9.2</version>
</dependency>
<dependency>
<groupId>org.codehaus.jackson</groupId>
<artifactId>jackson-jaxrs</artifactId>
<version>1.9.2</version>
</dependency>
<dependency>
<groupId>org.codehaus.jackson</groupId>
<artifactId>jackson-xc</artifactId>
<version>1.9.2</version>
</dependency>
<dependency>
<groupId>org.codehaus.jettison</groupId>
<artifactId>jettison</artifactId>
<version>1.1</version>
</dependency>
<dependency>
<groupId>javax.ws.rs</groupId>
<artifactId>jsr311-api</artifactId>
<version>1.1.1</version>
</dependency>
<dependency>
<groupId>asm</groupId>
<artifactId>asm</artifactId>
<version>3.1</version>
</dependency>
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1984 United States presidential election in Illinois
The 1984 United States presidential election in Illinois took place on November 6, 1984. All 50 states and the District of Columbia, were part of the 1984 United States presidential election. State voters chose 24 electors to the Electoral College, which selected the president and vice president of the United States.
Illinois was won by incumbent United States President Ronald Reagan of California, who was running against former Vice President Walter Mondale of Minnesota. Reagan ran for a second time with former C.I.A. Director George H. W. Bush of Texas, and Mondale ran with Representative Geraldine Ferraro of New York, the first major female candidate for the vice presidency.
Partisan background
The presidential election of 1984 was a very partisan election for Illinois, with over 99% of the electorate voting only either Democratic or Republican, though several other parties did appear on the presidential ballot in the State. Nearly every county in Illinois voted in majority for Reagan, a particularly strong turnout in this rapidly liberalizing state. One notable exception to this trend was Chicago's highly populated Cook County, which voted in majority for Mondale, albeit with a 2.6% margin, or 51% to 48.4%. 1984 marks the last time any presidential candidate won Cook County with a single digit margin, and the last election that a Republican won over a million votes in that county.
Illinois weighed in for this election as 4 percentage points more Democratic than the national average. , this is the last election in which Jackson County voted for a Republican presidential candidate.
Democratic platform
Walter Mondale accepted the Democratic nomination for presidency after pulling narrowly ahead of Senator Gary Hart of Colorado and Rev. Jesse Jackson of Illinois - his main contenders during what would be a very contentious Democratic primary. During the campaign, Mondale was vocal about reduction of government spending, and, in particular, was vocal against heightened military spending on the nuclear arms race against the Soviet Union, which was reaching its peak on both sides in the early 1980s.
Taking a (what was becoming the traditional liberal) stance on the social issues of the day, Mondale advocated for gun control, the right to choose regarding abortion, and strongly opposed the repeal of laws regarding institutionalized prayer in public schools. He also criticized Reagan for what he charged was his economic marginalization of the poor, stating that Reagan's reelection campaign was "a happy talk campaign," not focused on the real issues at hand.
A very significant political move during this election: the Democratic Party nominated Representative Geraldine Ferraro to run with Mondale as Vice-President. Ferraro is the first female candidate to receive such a nomination in United States history. She said in an interview at the 1984 Democratic National Convention that this action "opened a door which will never be closed again," speaking to the role of women in politics.
Republican platform
By 1984, Reagan was very popular with voters across the nation as the President who saw them out of the economic stagflation of the early and middle 1970's, and into a period of (relative) economic stability.
The economic success seen under Reagan was politically accomplished (principally) in two ways. The first was initiation of deep tax cuts for the wealthy, and the second was a wide-spectrum of tax cuts for crude oil production and refinement, namely, with the 1980 Windfall profits tax cuts. These policies were augmented with a call for heightened military spending, the cutting of social welfare programs for the poor, and the increasing of taxes on those making less than $50,000 per year. Collectively called "Reaganomics", these economic policies were established through several pieces of legislation passed between 1980 and 1987.
These new tax policies also arguably curbed several existing tax loopholes, preferences, and exceptions, but Reaganomics is typically remembered for its trickle down effect of taxing poor Americans more than rich ones. Reaganomics has (along with legislation passed under presidents George H. W. Bush and Bill Clinton) been criticized by many analysts as "setting the stage" for economic troubles in the United States after 2007, such as the Great Recession.
Virtually unopposed during the Republican primaries, Reagan ran on a campaign of furthering his economic policies. Reagan vowed to continue his "war on drugs," passing sweeping legislation after the 1984 election in support of mandatory minimum sentences for drug possession. Furthermore, taking a (what was becoming the traditional conservative) stance on the social issues of the day, Reagan strongly opposed legislation regarding comprehension of gay marriage, abortion, and (to a lesser extent) environmentalism, regarding the final as simply being bad for business.
Republican victory
Reagan won the election in Illinois with a decisive 13 point landslide, carrying all but five counties. No Republican candidate has received as strong of support in the American Great Lakes States, at large, post Reagan. While Illinois typically voted conservative at the time, the election results in Illinois are also reflective of a nationwide reconsolidation of base for the Republican Party which took place through the 1980s; called by Reagan the "second American Revolution." This was most evident during the 1984 presidential election.
It is speculated that Mondale lost support with voters nearly immediately during the campaign, namely during his acceptance speech at the 1984 Democratic National Convention. There he stated that he intended to increase taxes. To quote Mondale, "By the end of my first term, I will reduce the Reagan budget deficit by two thirds. Let's tell the truth. It must be done, it must be done. Mr. Reagan will raise taxes, and so will I. He won't tell you. I just did." Despite this claimed attempt at establishing truthfulness with the electorate, this promise to raise taxes badly eroded his chances in what had already begun as an uphill battle against the charismatic Ronald Reagan.
Reagan also enjoyed high levels of bipartisan support during the 1984 presidential election, both in Illinois, and across the nation at large. Many registered Democrats who voted for Reagan (Reagan Democrats) stated that they had chosen to do so because they associated him with the economic recovery, because of his strong stance on national security issues with Russia, and because they considered the Democrats as "supporting American poor and minorities at the expense of the middle class." These public opinion factors contributed to Reagan's 1984 landslide victory, in Illinois and elsewhere.
Notably, this is the closest to date that a Republican has come to carrying Cook County, home to Chicago, since Richard Nixon won it in 1972. Mondale took 51% of Cook County's vote to Reagan's 48.4%.
Results
Results by county
See also
Iran–Contra affair
Nicaragua guerrilla war
Presidency of Ronald Reagan
References
Illinois
1984
Category:1984 Illinois elections |
State College continues work on environmental goals
A lineup of an orange recycling bin, small, black trash container and tall container with a green lid is a common sight in the borough today, a “big success” for State College, according to environmental coordinator Alan Sam.
Sam talked about the expansion of recycling and composting as one of the borough’s improvements on the way to meeting the 17 goals adopted by the Borough Council as part of Resolution 944 in 2007.
“One of the things we talked about early on ... was we needed to make sure our own house was in order first before going out in the community,” he told the Borough Council last week. “It was a success in a lot of different ways, not only in achieving goals, but community awareness. That has really blossomed in the last few years.”
The council approved Resolution 944 with goals that would help improve the borough’s environmental sustainability. Also part of that was an appointed Sustainability Committee to help guide the borough toward achieving those goals.
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Goals included acquiring energy-efficient vehicles, establishing a network of bike lanes, establishing a free transit service in the borough and reducing the amount of pavement. Sam hopes that by Tuesday, the committee will approve a report on those goals and some next steps.
Sam said one of the most prominent goals was, by 2012, to reduce landfill waste to 35 percent of the waste stream. Even before setting that goal, the borough began collecting grass clippings in 1991.
In 2009 the borough started collecting brush and using a more sophisticated composting method. Food waste came next, with a 2010 pilot program that led to boroughwide collection beginning this spring.
The percentage of landfill waste has decreased since 2007, but ranged from about 58 to about 68 percent of the waste stream, still quite far from the 35 percent goal.
“We still haven’t achieved our goal, but I think we’re well on our way,” Sam said. “We’ve made a lot of strides forward.”
Another goal was to switch 20 percent of the borough’s passenger car fleet to the most energy-efficient vehicles by 2016. The borough has bypassed that goal, reaching 42 percent in 2009.
The Public Works, Planning and Police departments now use five Toyota Camry hybrids and six Ford Fusion hybrids.
Sam said the borough has reduced the amount of fuel it uses, in turn reducing the amount of carbon dioxide put into the atmosphere by 31 tons per year.
The borough’s 9 miles of bike lanes, 2 miles of shared-road markings and 16-plus miles of signed bike routes contribute to the goal of establishing a network of on- and off-street bike routes. The borough also installed a covered bike rack this year at Schlow Centre Region Library.
“The only problem is this really has to be a regional goal,” Sam said. “We can’t do this by ourselves.”
Councilman Jim Rosenberger, a cycling advocate, pointed out other benefits to the borough’s goals.
“As more people bicycle, for example, the region’s health costs could actually go down,” he said.
Another goal was to reduce the paved area in the borough by 2 percent, using zoning incentives, street narrowing and other practices. The downtown master plan also offers suggestions to meet that, by placing more on-street rain gardens and increasing the tree canopy downtown with additional street trees and planter boxes.
“If an average of 65 trees is added to the canopy each year, this goal could be realized in 20 years,” the report says. The borough gains an average of 60 trees per year.
Sam said he expects the next set of sustainability goals to help guide the borough for at least the next five years. Possible items to consider for that list include the urban tree canopy, water conservation and stormwater management. The borough is working with Penn State classes and plans various sustainability projects in the coming academic year.
“We want to keep the same theme, reducing gas emissions and being a climate protection community,” Sam said. “We’ll be coming back to council with more information and approval.” |
Q:
How to pick a voltage comparator switch for a low power circuit
I am finishing up an embedded project for my vehicle and the last step is to make it automatically power off with the car. The way I detect whether the vehicle is on or not is via a battery pin, which maps the car’s battery voltage as a value between 0-3.3 volts, multiplied by 7.2 to give the real voltage. To preserve power, I need to sleep the microcontroller until a signal is written to the wake up pin. So, I need to write gpio high (3.3v) to the pin when the battery is below 13 volts (around 1.8v on the battery pin), and gpio low when it isn’t. Theoretically the high/low can be flipped but that’s not important.
I have done a fair amount of research and have gotten swamped with solutions. At first I thought I could get away with just a transistor but apparently the right way is through a voltage comparator built from op-amps... but that almost seems overkill? I would prefer to input the minimum voltage into the comparator and for it to be low power. I am also not quite adapt a parsing their spec sheets so I’m really at a loss as to pick the exact part I need. I would really appreciate some guidance :)
A:
A comparator is indeed a great solution for this, given that is pretty much a comparator's only job. The transistor solution will be much more difficult to tune and make stable. By the time you've added enough to the transistor circuit to get it to behave well, you'll have effectively designed a comparator.
To keep things really simple, consider a 5-pin, push-pull output, comparator IC like the LMC7211. Your requirements will be met by a huge range of comparators, so I'll just use the LMC7211 to explain.
Simply connect your scaled battery voltage to the inverting - input pin, your threshold voltage to the non-inverting + input pin, and your 3.3V supply to the supply pins. Finally, because the battery voltage changes very slowly and will likely increase at the moment you turn off the car, you'll probably want to add some hysteresis. Hysteresis means the turn on threshold is different from the turn off threshold so the circuit doesn't bounce repeatedly between on and off. To do so, just add a large value resistor from the output pin to the non-inverting input pin. The output pin will then give you the signal you require.
Something like this:
simulate this circuit – Schematic created using CircuitLab
With the resistor values I've used in the schematic, the output goes to 3.3V when the input falls below 1.76V and the output goes to 0V when the input rises above 1.94V. Adjust to suit your preferences.
|
Q:
my list view in android seems like a square how to fix that and what is the error?
I have an android application that uses php and mysql and after fetching the from the database, the result are displayed in a listView that is handled by a BaseAdapter.
The problem is that the rows in the list seem like a square.
can anyone tell me where the mistake is in the xml files ???
activity_user_list.xml
<?xml version="1.0" encoding="utf-8"?>
<LinearLayout xmlns:android="http://schemas.android.com/apk/res/android"
android:layout_width="match_parent"
android:layout_height="match_parent"
android:orientation="vertical"
android:background="@drawable/background_1">
<ListView
android:id="@android:id/list"
android:layout_width="fill_parent"
android:layout_height="fill_parent" />
</LinearLayout>
list_item.xml
<?xml version="1.0" encoding="utf-8"?>
<RelativeLayout xmlns:android="http://schemas.android.com/apk/res/android"
android:layout_width="fill_parent"
android:layout_height="wrap_content"
android:background="@drawable/background_1"
android:orientation="vertical" >
<TextView
android:id="@+id/uid"
android:layout_width="fill_parent"
android:layout_height="wrap_content"
android:visibility="gone" />
<TextView
android:id="@+id/name"
android:layout_width="fill_parent"
android:layout_height="wrap_content"
android:text="text view"
android:textColor="#FFFFFF"
android:textSize="17dip"
android:textStyle="bold" />
<TextView
android:id="@+id/txtCreateDate"
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:layout_alignParentRight="true"
android:layout_alignParentTop="true"
android:text="TextView"
android:textColor="#FFFFFF" />
</RelativeLayout>
A:
Try remove the background of your relative layout.
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Internal validation of the RapidHIT® ID system.
Traditionally, forensic DNA analysis has required highly skilled forensic geneticists in a dedicated laboratory to generate short tandem repeat (STR) profiles. STR profiles are routinely used either to associate or exclude potential donors of forensic biological evidence. The typing of forensic reference samples has become more demanding, especially with the requirement in some jurisdictions to DNA profile arrestees. The Rapid DNA (RDNA) platform, the RapidHIT® ID (IntegenX®, Pleasanton, CA), is a fully automated system capable of processing reference samples in approximately 90min with minimal human intervention. Thus, the RapidHIT ID instrument can be deployed to non-laboratory environments (e.g., booking stations) and run by trained atypical personnel such as law enforcement. In order to implement the RapidHIT ID platform, validation studies are needed to define the performance and limitations of the system. Internal validation studies were undertaken with four early-production RapidHIT ID units. Reliable and concordant STR profiles were obtained from reference buccal swabs. Throughout the study, no contamination was observed. The overall first-pass success rate with an "expert-like system" was 72%, which is comparable to another current RDNA platform commercially available. The system's second-pass success rate (involving manual interpretation on first-pass inconclusive results) increased to 90%. Inhibitors (i.e., coffee, smoking tobacco, and chewing tobacco) did not appear to affect typing by the instrument system; however, substrate (i.e., swab type) did impact typing success. Additionally, one desirable feature not available with other Rapid systems is that in the event of a system failed run, a swab can be recovered and subsequently re-analyzed in a new sample cartridge. Therefore, rarely should additional sampling or swab consumption be necessary. The RapidHIT ID system is a robust and reliable tool capable of generating complete STR profiles within the forensic DNA typing laboratory or with proper training in decentralized environments by non-laboratory personnel. |
Q:
How to create a Regex for string with space
I have a string value like "GX 123-02" or "ML 35-02". The numbers entered after the letters can be any long, but there must be a space after the alphabet followed by the number values. How can I create a regex expression in C# to check if the value is entered in this format?
A:
So if I got you right, you want exactly two letters followed by at least a space and number-number, you can use this regex:
[a-zA-Z]{2}\s+\d+-\d+
Note that \s matches any white space if you want exactly the space character to be matched at least one time you can simply just replace \s with a space like this:
[a-zA-Z]{2} +\d+-\d+
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Please understand the truth about Falun Gong and the brutal persecution of Falun Gong in China. Please do not believe the Chinese Communist Party's lies. Falun Dafa is Good. Falun Gong (Falun Dafa) teaches 'Truthfulness, Compassion, Tolerance', it teaches us to be a GOOD person, and makes us HEALTHY.
And it is embraced in 114 nations!
请了解法轮功和中共残酷迫害法轮功的真相。法轮大法（法轮功）好，114个国家都热爱她，请不要被中共的谎言欺骗。（http://falundafa.org）
Tuesday, December 4, 2012
Tell White House to Condemn Forced Organ Harvesting in China
A screen shot from the mini documentary, “Killed for Organs: China’s Secret State Transplant Business.” (NTDTV)
A new petition demands the US government take a stand against an atrocity: It asks the White House to investigate and condemn the Chinese regime’s gruesome practice of systematically harvesting the organs of practitioners of Falun Gong, a Chinese spiritual discipline.
If it gets 25,000 supporters by Jan. 1 next year, the administration is obligated to respond, something it has yet to do so far.
The subject has been a sensitive one for the administration, according to experts, because of the seriousness of the allegations—live organ harvesting of captive and innocent spiritual believers—alongside the U.S. government’s wish not to rock the boat with relations with the People’s Republic of China, which, among other things, holds a sizable amount of U.S. debt.
But initiators of the petition think it vital that the United States responds. “If there’s any government in the world that will have some impact on Chinese human rights it’s going to be the United States,” said Dr. Alejandro Centurion, a board member of the medical advocacy group Doctors Against Forced Organ Harvesting.
“If our government does speak out, it would be a huge step to further expose these crimes and bring them to an end,” Centurion said. The petition says that the government has a “moral obligation to expose these crimes.”
A body of evidence around the Falun Gong and other political and religious prisoners has been accumulating since 2006, and has over the last year begun to gain more public traction, with congressional hearings and mentions—there was a time when the allegations were not even mentioned—in official U.S. reports.
“Like many other Americans and citizens around the world, we are very concerned about one of the most horrifying crimes against humanity of our time: Forced organ harvesting from living ‘prisoners’ in China,” says a note sent to the press by the petition initiators. “This barbaric practice has been taking place in China for over a decade.”
Alongside Dr. Centurion, a neurologist, the two other initiators of the campaign include Arthur L. Caplan, professor and head of the division of bioethics at New York University Langone Medical Center, and Jianchao Xu, an assistant professor of nephrology at Mount Sinai School of Medicine, and also a DAFOH board member.
A social media effort is also being rolled out to drum up signatures, spearheaded by the websiteorganpetition.org, “a grassroots effort of people who care about human rights coming together to support this important issue,” according to an email responding to a query sent to the website.
Estimates from researchers indicate that practitioners of the Falun Gong spiritual discipline have been killed in the tens of thousands for their “retail organs”: mostly kidneys and livers, and sometimes hearts. The victims die as a result of the forced extractions, often carried out by military doctors who cooperate closely with the security services.
Falun Gong is being singled out in this petition because, according to available evidence, that group has been particularly targeted for organ harvesting because of their abundance in China’s system of labor camps, healthiness above the general prison population (many criminal prisoners suffer Hepatitis B, making them ineligible for harvesting), and other factors. There also exists the most cogent and complete body of evidence, from reports and primary research, about forced organ harvesting from Falun Gong practitioners.
Other groups in smaller numbers have also been targeted, including Uyghurs and Tibetans, according to the research of Ethan Gutmann, who is currently writing a book about the persecution of Falun Gong; the petition will help them too, according to Dr. Centurion.
“Our concern is for all prisoners of conscience and executed prisoners whose human rights are being violated, and this intends to help solve the problem for everybody,” he said in a telephone interview.
“Transplant abuses of this magnitude are crimes against humanity, crimes which people and governments from every country must condemn,” the doctors’ letter says. “Remaining silent in the face of such atrocities is to be complicit in these crimes. The United States as a world leader in protecting human rights has a moral obligation to speak out.”
Dr. Centurion said that “Americans are kind hearted people that support human rights around the world. They are horrified about this and express interest in supporting this issue. When they learn about these crimes they’re shocked and want to learn more, and express their wish to do something about it.”
Reviving the True Chinese Traditional Culture of 5000 years 复兴真正的中国传统文化
Click on the picture to visit! 点击图片访问！
Shen Yun Show 神韵
Click on the picture to visit! 点击图片访问！
Words By 李洪志 Li Hongzhi
"难忍能忍，难行能行" .... 如果你真能做到的话，你发现真是柳暗花明又一村！- 《转法轮》李洪志 "When it’s difficult to endure, you can endure it. When it’s impossible to do, you can do it." .... If you can actually do it, you will indeed find: "After passing the shady willow trees, there will be bright flowers and another village ahead!" From: 'Zhuan Falun' - Li Hongzhi |
Q:
Need help with tuples in python
When I print the tuple (u'1S²') I get the predicted output of 1S²
However, when I print the tuple (u'1S²',u'2S¹') I get the output (u'1S\xb2', u'2S\xb9').
Why is this? What can I do about this?
Also, how do I get the number of items in a tuple?
A:
The expression (u'1S²') is not a tuple, it's a unicode value. A 1-tuple is written in Python this way: (u'1S²',).
The print value statement prints a str(value) in fact. If you need to output several unicode strings, you should use something like this:
print u' '.join((u'1S²',u'2S¹'))
Though there might be issues with character encodings. If you know your console encoding, you may encode your unicode values to str manually:
ENCODING = 'utf-8'
print u' '.join((u'1S²',u'2S¹')).encode(ENCODING)
The number of iterms in tuples, lists, strings and other sequences can be obtained using len function.
|
117 Ga. App. 561 (1968)
161 S.E.2d 440
SANDERS TRUCK TRANSPORTATION COMPANY, INC.
v.
NAPIER.
SANDERS TRUCK TRANSPORTATION COMPANY, INC.
v.
STRANGE.
43284, 43285.
Court of Appeals of Georgia.
Argued January 3, 1968.
Decided April 2, 1968.
*563 Woodruff, Savell, Lane & Williams, John M. Williams, Lawson A. Cox, for appellant.
Albert G. Ingram, W. T. Mobley, for appellees.
*565 EBERHARDT, Judge.
1. The relationship of employer and employee is essential to coverage under the Workmen's Compensation Act. Parker v. Travelers Ins. Co., 174 Ga. 525 (163 SE 159, 81 ALR 472). Common law principles are to be employed in determining whether the relationship existed. Travelers Ins. Co. v. Clark, 58 Ga. App. 115, 121 (197 SE 650). If the relationship is that of independent contractor and contractee there is no coverage. Richards v. Marco Realty Co., 57 Ga. App. 242 (194 SE 880); American Cas. Co. v. Smith, 116 Ga. App. 332 (2) (157 SE2d 312). The burden of showing the employer-employee relationship and of showing that the employer was subject to the provisions of the Act by virtue of having the requisite number of employees or that he had voluntarily accepted its provisions rests upon the claimant. Indemnity Ins. Co. v. Lamb, 56 Ga. App. 492 (193 SE 76). *562 Cf. McCluskey v. American Oil Co., 224 Ga. 252; Borochoff v. Fowler, 98 Ga. App. 411 (1) (105 SE2d 764).
"It appearing conclusively from the evidence that the employer neither reserved in the contract nor assumed the right to control the time, manner, and method of executing the work, the judge of the superior court erred in affirming the award of the [Workmen's Compensation Board.]" Bibb Mfg. Co. v. Martin, 53 Ga. App. 137 (185 SE 137). See Albert v. Hudson, 49 Ga. App. 636 (176 SE 659); Hartford Acc. &c. Co. v. Parsley, 113 Ga. App. 830 (149 SE2d 848), and compare National Trailer Convoy v. Undercofler, 109 Ga. App. 703, 709 (a) (137 SE2d 328).
2. Even if the provision of the leases providing control of the James vehicles to Sanders, and the further provision obligating Sanders to pay the drivers was sufficient to afford a right to control those drivers and thus bring them within the category of employees under the Act, it must further appear that Sanders had ten or more employees in order to afford coverage. Code Ann. § 114-107. These must be employees regularly in service and of the character entitled to compensation under the Act. It cannot include a partner, though the partner may do work for which he receives compensation in the nature of wages. U. S. Fidel. &c. Co. v. Neal, 188 Ga. 105 (3 SE2d 80); s.c., 60 Ga. App. 179 (3 SE2d 211); Chandler v. Harris, 47 Ga. App. 535 (171 SE 174). Nor can the president or others in the management of a corporate employer whose duties are those of management be counted; these are in the position of employers. But see Pasler v. Maryland Cas. Co., 97 Ga. App. 263 (103 SE2d 90); Home Indemnity Co. v. Hernlen, 100 Ga. App. 860 (112 SE2d 409).
There is no presumption that an employer has a sufficient number of employees to bring him under the provisions of the Act. Benefield v. McDonough Const. Co., 106 Ga. App. 194, 198 (3) (126 SE2d 704). Where, as here, the evidence fails to show that the employer had as many as ten employees (even counting James, Napier and Strange, but see Albert v. Hudson, 49 Ga. App. 636, supra, and other cases cited in Division 1) a finding that the parties came within the coverage of the Act was unauthorized. Watson v. Tifton Trading Co., 70 Ga. App. 377 (28 SE2d 188).
Judgments reversed. Felton, C.J., and Whitman, J., concur.
|
Q:
Java- Having trouble with the resulting totals
I have to write a java program to print up the receipts, but I'm having trouble with the resulting final values. I don't know where I went wrong.. The total values should be: Room $799.50, Telephone $17.25, Meal $129.50, Tips $74.87, Tax $51.97, and Gross Transaction $1073.08
public class Hotel
{
//Class constants
private static final double Room_Rate = 79.95;
private static final double Tax_Rate = 6.5;
private static final double Telephone = 5.75;
private static final double Meal_Cost = 12.95;
private static final double Tip_Rate = 0.075;
//Instance Variables
private int noOfNights;
private int noOfGuests;
private double amountDue;
private double meal;
private double tax;
private double subtotal;
private double total;
private double tip;
private String roomNumber;
private static double TotalRoomCharges;
private static double TotalTelephoneCharges;
private static double TotalMealCharges;
private static double TotalTips;
private static double TotalTax;
private static double GrossTransaction;
public Hotel (String room)
{
roomNumber = room;
noOfGuests = 1;
noOfNights = 1;
}
public Hotel (String room, int nights)
{
this (room);
noOfNights = nights;
}
public Hotel (String room, int nights, int guest)
{
this (room, nights);
noOfGuests = guest;
}
public void addNights (int nights)
{
noOfNights = noOfNights + nights;
}
public void addGuest (int guests)
{
noOfGuests = noOfGuests + guests;
}
public void calculate ()
{
amountDue = Room_Rate * noOfNights * noOfGuests;
tax = amountDue * Tax_Rate / 100;
subtotal = amountDue + tax;
meal = Meal_Cost * noOfNights *noOfGuests;
tip = Tip_Rate * (subtotal + meal + Telephone);
total = subtotal + Telephone + meal + tip;
TotalRoomCharges = TotalRoomCharges + amountDue;
TotalTelephoneCharges = TotalTelephoneCharges + Telephone;
TotalMealCharges = TotalMealCharges + meal;
TotalTips = TotalTips + tip;
TotalTax = TotalTax + tax;
GrossTransaction = GrossTransaction + total;
}
public double getAmountDue()
{
return amountDue;
}
public double getTaxDue()
{
return tax;
}
public double getSubtotal()
{
return subtotal;
}
public double getTotal()
{
return total;
}
public double getTip()
{
return tip;
}
double getMeal()
{
return meal;
}
public String getRoomNumber()
{
return roomNumber;
}
public double getRoomRate()
{
return Room_Rate;
}
public int getNumberOfNights()
{
return noOfNights;
}
public int getNumberOfGuests ()
{
return noOfGuests;
}
public static double getPhoneCharges()
{
return Telephone;
}
public static double getTaxRate()
{
return Tax_Rate;
}
public static double getTotalRoomCharges()
{
return TotalRoomCharges;
}
public static double getTotalTelephoneCharges()
{
return TotalTelephoneCharges;
}
public static double getTotalMealCharges()
{
return TotalMealCharges;
}
public static double getTotalTips()
{
return TotalTips;
}
public static double getTotalTax()
{
return TotalTax;
}
public static double getGrossTransaction()
{
return GrossTransaction;
}
}
public class TestHotel
{
public static void main(String[] args)
{
Date d = new Date();
DateFormat df = DateFormat.getDateInstance();
NumberFormat f = NumberFormat.getCurrencyInstance();
//Define customers
Hotel customer1 = new Hotel ("10 - M", 2, 2);
customer1.calculate();
display(customer1, f);
Hotel customer2 = new Hotel ("12 - B");
Hotel customer3 = new Hotel ("12 - C", 2);
customer3.calculate();
customer2.addNights(1);
customer2.calculate();
display(customer2, f);
customer3.addGuest(1);
customer3.calculate();
display(customer3, f);
display (f);
}
static void display (Hotel h, NumberFormat f)
{
//Set up and display heading and date for each receipt
System.out.println("\tThe ABC Cheap Lodging, Inc");
Date d = new Date ();
DateFormat df = DateFormat.getDateInstance();
System.out.println("\tDate: \t" + df.format(d));
//Display expenses line by line including subtotal
System.out.println("Room # \t\t" + h.getRoomNumber());
System.out.println("Room Rate: \t" + f.format(h.getRoomRate()));
System.out.println("Length of Stay:\t" + h.getNumberOfNights() + " Night(s)");
System.out.println("No. of Guests: \t" + h.getNumberOfGuests());
System.out.println("Room Cost: \t" + f.format(h.getAmountDue()));
System.out.println("Tax:" + h.getTaxRate() + "%\t" + f.format(h.getTaxDue()));
System.out.println("\tSubtotal \t" + f.format(h.getSubtotal()));
System.out.println("Telephone \t" + f.format(h.getPhoneCharges()));
System.out.println("Meal Charges \t" + f.format(h.getMeal()));
System.out.println("Tip \t\t" + f.format(h.getTip()));
//Display to total
System.out.println("\nTOTAL AMOUNT DUE\t.........." + f.format(h.getTotal()));
//Display thank you message
System.out.println("\nThanks for staying at The ABC Cheap Lodging, Inc");
System.out.println("\tPlease come again !!!");
System.out.println("\n");
}
static void display (NumberFormat f)
{
System.out.println("\t\t Official Use Only");
System.out.println("\t\t Today's Summary");
System.out.println("\tRoom ....." + f.format(Hotel.getTotalRoomCharges()));
System.out.println("\tTelephone ....." + f.format (Hotel.getTotalTelephoneCharges()));
System.out.println("\tMeal ....." + f.format (Hotel.getTotalMealCharges()));
System.out.println("\tTips ....." + f.format (Hotel.getTotalTips()));
System.out.println("\tTax ....." + f.format (Hotel.getTotalTax()));
System.out.println("\t------------------------------\n");
System.out.println("\tGross Transaction .." + f.format (Hotel.getGrossTransaction()));
System.out.println("Process completed.");
}
}
A:
You are calling customer3.calculate() twice. Remove the first call and you get the expected values.
|
/*############################################################################
# Copyright 2017 Intel Corporation
#
# 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.
############################################################################*/
/// Join Request related implementation.
/*! \file */
#include <epid/member/api.h>
#include "epid/common/src/epid2params.h"
#include "epid/common/src/grouppubkey.h"
#include "epid/common/src/hashsize.h"
#include "epid/common/src/memory.h"
#include "epid/common/types.h"
#include "epid/member/src/context.h"
#include "epid/member/src/join_commitment.h"
#include "epid/member/src/privateexp.h"
#include "epid/member/src/resize.h"
#include "epid/member/tpm2/commit.h"
#include "epid/member/tpm2/sign.h"
/// Handle SDK Error with Break
#define BREAK_ON_EPID_ERROR(ret) \
if (kEpidNoErr != (ret)) { \
break; \
}
EpidStatus EpidCreateJoinRequest(MemberCtx* ctx, GroupPubKey const* pub_key,
IssuerNonce const* ni,
JoinRequest* join_request) {
EpidStatus sts = kEpidErr;
GroupPubKey_* pub_key_ = NULL;
EcPoint* t = NULL; // temporary used for F and R
EcPoint* h1 = NULL;
EcPoint* K = NULL;
EcPoint* l = NULL;
EcPoint* e = NULL;
FfElement* k = NULL;
FfElement* s = NULL;
uint8_t* digest = NULL;
if (!ctx || !pub_key || !ni || !join_request || !ctx->epid2_params) {
return kEpidBadArgErr;
}
if (kSha256 != ctx->hash_alg && kSha384 != ctx->hash_alg &&
kSha512 != ctx->hash_alg && kSha512_256 != ctx->hash_alg) {
return kEpidBadArgErr;
}
do {
JoinRequest request = {0};
G1ElemStr R = {0};
EcGroup* G1 = ctx->epid2_params->G1;
FiniteField* Fp = ctx->epid2_params->Fp;
size_t digest_size = 0;
if (!ctx->is_provisioned && !ctx->is_initially_provisioned) {
sts = EpidMemberInitialProvision(ctx);
BREAK_ON_EPID_ERROR(sts);
}
// validate public key by creating
sts = CreateGroupPubKey(pub_key, ctx->epid2_params->G1,
ctx->epid2_params->G2, &pub_key_);
BREAK_ON_EPID_ERROR(sts);
sts = NewEcPoint(G1, &t);
BREAK_ON_EPID_ERROR(sts);
sts = NewEcPoint(G1, &h1);
BREAK_ON_EPID_ERROR(sts);
sts = ReadEcPoint(G1, &pub_key->h1, sizeof(pub_key->h1), h1);
BREAK_ON_EPID_ERROR(sts);
// 2. The member computes F = G1.sscmExp(h1, f).
sts = EpidPrivateExp(ctx, h1, t);
BREAK_ON_EPID_ERROR(sts);
sts = WriteEcPoint(G1, t, &request.F, sizeof(request.F));
BREAK_ON_EPID_ERROR(sts);
// 1. The member chooses a random integer r from [1, p-1].
// 3. The member computes R = G1.sscmExp(h1, r).
sts = NewEcPoint(G1, &K);
BREAK_ON_EPID_ERROR(sts);
sts = NewEcPoint(G1, &l);
BREAK_ON_EPID_ERROR(sts);
sts = NewEcPoint(G1, &e);
BREAK_ON_EPID_ERROR(sts);
sts =
Tpm2Commit(ctx->tpm2_ctx, h1, NULL, 0, NULL, K, l, e, &(ctx->join_ctr));
BREAK_ON_EPID_ERROR(sts);
sts = WriteEcPoint(G1, e, &R, sizeof(R));
BREAK_ON_EPID_ERROR(sts);
sts = HashJoinCommitment(ctx->epid2_params->Fp, ctx->hash_alg, pub_key,
&request.F, &R, ni, &request.c);
BREAK_ON_EPID_ERROR(sts);
// Extend value c to be of a digest size.
digest_size = EpidGetHashSize(ctx->hash_alg);
digest = (uint8_t*)SAFE_ALLOC(digest_size);
if (!digest) {
sts = kEpidMemAllocErr;
break;
}
sts = ResizeOctStr(&request.c, sizeof(request.c), digest, digest_size);
BREAK_ON_EPID_ERROR(sts);
// Step 5. The member computes s = (r + c * f) mod p.
sts = NewFfElement(Fp, &k);
BREAK_ON_EPID_ERROR(sts);
sts = NewFfElement(Fp, &s);
BREAK_ON_EPID_ERROR(sts);
sts = Tpm2Sign(ctx->tpm2_ctx, digest, digest_size, ctx->join_ctr, k, s);
BREAK_ON_EPID_ERROR(sts);
sts = WriteFfElement(Fp, s, &request.s, sizeof(request.s));
BREAK_ON_EPID_ERROR(sts);
// Step 6. The output join request is (F, c, s).
*join_request = request;
sts = kEpidNoErr;
} while (0);
if (sts != kEpidNoErr) {
(void)Tpm2ReleaseCounter(ctx->tpm2_ctx, ctx->join_ctr);
}
DeleteEcPoint(&t);
DeleteEcPoint(&h1);
DeleteEcPoint(&K);
DeleteEcPoint(&l);
DeleteEcPoint(&e);
DeleteFfElement(&k);
DeleteFfElement(&s);
SAFE_FREE(digest);
DeleteGroupPubKey(&pub_key_);
return sts;
}
|
Long range excitonic transport in a biomimetic system inspired by the bacterial light-harvesting apparatus.
Photosynthesis, the process by which energy from sunlight drives cellular metabolism, relies on a unique organization of light-harvesting and reaction center complexes. Recently, the organization of light-harvesting LH2 complexes and dimeric reaction center-light-harvesting I-PufX core complexes in membranes of purple non-sulfur bacteria was revealed by atomic force microscopy [S. Bahatyrova et al., Nature (London) 430, 1058 (2004)]. Here, we discuss optimal exciton transfer in a biomimetic system closely modeled on the structure of LH2 and its organization within the membrane using a Markovian quantum model with dissipation and trapping added phenomenologically. In a deliberate manner, we neglect the high level detail of the bacterial light-harvesting complex and its interaction with the phonon bath in order to elucidate a set of design principles that may be incorporated in artificial pigment-scaffold constructs in a supramolecular assembly. We show that our scheme reproduces many of the most salient features found in their natural counterpart and may be largely explained by simple electrostatic considerations. Most importantly, we show that quantum effects act primarily to enforce robustness with respect to spatial and spectral disorder between and within complexes. The implications of such an arrangement are discussed in the context of biomimetic photosynthetic analogs capable of transferring energy efficiently across tens to hundreds of nanometers. |
<?xml version="1.0" encoding="UTF-8"?>
<project xmlns="http://maven.apache.org/POM/4.0.0" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://maven.apache.org/POM/4.0.0 http://maven.apache.org/xsd/maven-4.0.0.xsd">
<modelVersion>4.0.0</modelVersion>
<parent>
<groupId>io.prometheus</groupId>
<artifactId>parent</artifactId>
<version>0.9.1-SNAPSHOT</version>
</parent>
<groupId>io.prometheus</groupId>
<artifactId>simpleclient_log4j</artifactId>
<packaging>bundle</packaging>
<name>Prometheus Java Simpleclient log4j</name>
<description>
Metrics collector for log4j appender logging
</description>
<licenses>
<license>
<name>The Apache Software License, Version 2.0</name>
<url>http://www.apache.org/licenses/LICENSE-2.0.txt</url>
<distribution>repo</distribution>
</license>
</licenses>
<developers>
<developer>
<id>willfleury</id>
<name>Will Fleury</name>
<email>will.fleury@boxever.com</email>
</developer>
</developers>
<dependencies>
<dependency>
<groupId>io.prometheus</groupId>
<artifactId>simpleclient</artifactId>
<version>0.9.1-SNAPSHOT</version>
</dependency>
<dependency>
<groupId>log4j</groupId>
<artifactId>log4j</artifactId>
<version>1.2.17</version>
</dependency>
<dependency>
<groupId>junit</groupId>
<artifactId>junit</artifactId>
<version>4.11</version>
<scope>test</scope>
</dependency>
<dependency>
<groupId>org.mockito</groupId>
<artifactId>mockito-core</artifactId>
<version>2.28.2</version>
<scope>test</scope>
</dependency>
</dependencies>
</project>
|
File: overrides.kt - 5582d6f510402c87462795a80c5ea40b
NL("\n")
packageHeader
importList
topLevelObject
declaration
classDeclaration
INTERFACE("interface")
simpleIdentifier
Identifier("A")
classBody
LCURL("{")
NL("\n")
classMemberDeclarations
classMemberDeclaration
declaration
propertyDeclaration
VAL("val")
variableDeclaration
simpleIdentifier
Identifier("x")
COLON(":")
type
typeReference
userType
simpleUserType
simpleIdentifier
Identifier("Int")
NL("\n")
NL("\n")
classMemberDeclaration
declaration
propertyDeclaration
VAL("val")
variableDeclaration
simpleIdentifier
Identifier("z")
COLON(":")
type
typeReference
userType
simpleUserType
simpleIdentifier
Identifier("Comparable")
typeArguments
LANGLE("<")
typeProjection
MULT("*")
RANGLE(">")
NL("\n")
RCURL("}")
semis
NL("\n")
NL("\n")
topLevelObject
declaration
classDeclaration
modifiers
modifier
inheritanceModifier
OPEN("open")
CLASS("class")
simpleIdentifier
Identifier("B")
classBody
LCURL("{")
NL("\n")
classMemberDeclarations
classMemberDeclaration
declaration
propertyDeclaration
modifiers
modifier
inheritanceModifier
OPEN("open")
VAR("var")
variableDeclaration
simpleIdentifier
Identifier("y")
ASSIGNMENT("=")
expression
disjunction
conjunction
equality
comparison
genericCallLikeComparison
infixOperation
elvisExpression
infixFunctionCall
rangeExpression
additiveExpression
multiplicativeExpression
asExpression
prefixUnaryExpression
postfixUnaryExpression
primaryExpression
stringLiteral
lineStringLiteral
QUOTE_OPEN(""")
QUOTE_CLOSE(""")
NL("\n")
NL("\n")
classMemberDeclaration
declaration
propertyDeclaration
modifiers
modifier
inheritanceModifier
OPEN("open")
VAL("val")
variableDeclaration
simpleIdentifier
Identifier("z")
COLON(":")
type
typeReference
userType
simpleUserType
simpleIdentifier
Identifier("CharSequence")
ASSIGNMENT("=")
expression
disjunction
conjunction
equality
comparison
genericCallLikeComparison
infixOperation
elvisExpression
infixFunctionCall
rangeExpression
additiveExpression
multiplicativeExpression
asExpression
prefixUnaryExpression
postfixUnaryExpression
primaryExpression
stringLiteral
lineStringLiteral
QUOTE_OPEN(""")
QUOTE_CLOSE(""")
NL("\n")
RCURL("}")
semis
NL("\n")
NL("\n")
topLevelObject
declaration
classDeclaration
CLASS("class")
simpleIdentifier
Identifier("C")
COLON(":")
delegationSpecifiers
annotatedDelegationSpecifier
delegationSpecifier
constructorInvocation
userType
simpleUserType
simpleIdentifier
Identifier("B")
valueArguments
LPAREN("(")
RPAREN(")")
COMMA(",")
annotatedDelegationSpecifier
delegationSpecifier
userType
simpleUserType
simpleIdentifier
Identifier("A")
classBody
LCURL("{")
NL("\n")
classMemberDeclarations
classMemberDeclaration
declaration
propertyDeclaration
modifiers
modifier
memberModifier
OVERRIDE("override")
VAL("val")
variableDeclaration
simpleIdentifier
Identifier("x")
NL("\n")
getter
GET("get")
LPAREN("(")
RPAREN(")")
functionBody
ASSIGNMENT("=")
expression
disjunction
conjunction
equality
comparison
genericCallLikeComparison
infixOperation
elvisExpression
infixFunctionCall
rangeExpression
additiveExpression
multiplicativeExpression
asExpression
prefixUnaryExpression
postfixUnaryExpression
primaryExpression
literalConstant
IntegerLiteral("1")
semis
NL("\n")
NL("\n")
classMemberDeclaration
declaration
propertyDeclaration
modifiers
modifier
memberModifier
OVERRIDE("override")
VAR("var")
variableDeclaration
simpleIdentifier
Identifier("y")
NL("\n")
getter
GET("get")
LPAREN("(")
RPAREN(")")
functionBody
ASSIGNMENT("=")
expression
disjunction
conjunction
equality
comparison
genericCallLikeComparison
infixOperation
elvisExpression
infixFunctionCall
rangeExpression
additiveExpression
multiplicativeExpression
asExpression
prefixUnaryExpression
postfixUnaryExpression
primaryExpression
superExpression
SUPER("super")
postfixUnarySuffix
navigationSuffix
memberAccessOperator
DOT(".")
simpleIdentifier
Identifier("y")
NL("\n")
setter
SET("set")
LPAREN("(")
parameterWithOptionalType
simpleIdentifier
Identifier("value")
RPAREN(")")
functionBody
block
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The Central Texas Regional Mobility Authority will officially turn the dirt next week on one of the largest locally financed infrastructure projects in the region’s history.
Unlike other CTRMA projects – including the MoPac Improvement Project, MoPac South and State Highway 45 Southwest – the 183 South Project has largely progressed with little public controversy. However, during Wednesday’s meeting of the board of directors, board Member David Armbrust reported that one potentially controversial aspect of the project had popped up on his radar.
“Last night, I received a telephone call and saw a series of tweets expressing concerns about these cross streets that we’re cutting off,” Armbrust said, referencing five existing intersections along the highway that will be erased by the new project. Those include East 51st Street, Techni Center Drive, Bolm Road, Vargas Road and Thompson Lane.
Drivers looking to cross the highway at those streets will instead have to head down the frontage road to the next intersection and take a protected U-turn – known colloquially as a Texas turnaround – before doubling back to their destination. In addition, CTRMA will construct bicycle and pedestrian bridges at East 51 Street and Bolm Road, along with two more over Boggy Creek.
Project Manager Aaron Autry told the board that despite adding miles to the trip, the new configuration will be just as efficient as the status quo. “The models tell us the travel times will be almost the same as what they are today,” Autry said.
CTRMA Executive Director Mike Heiligenstein noted that the authority had conducted public outreach for more than a year before the final plan was crafted. That sentiment was backed up on Wednesday afternoon by a representative of the YMCA, whose East Communities facility will effectively lose direct access to East 51st Street once the project is finished.
“We’ve been in discussions for years,” Thom Parker, the YMCA’s vice president of facilities management, told the Austin Monitor before concluding, “It won’t impact us too awfully much.”
In a conversation with the Monitor after the meeting, Heiligenstein balked at the suggestion that 183 South would disconnect far East Austin from the rest of the city in a manner similar to I-35’s division between east and west.
“I don’t think that’s true,” he said before reiterating that there had been months of public outreach leading up to next week’s groundbreaking. He also noted that adding extra overpasses at each of the five intersections would be “prohibitively expensive.”
In addition to the enhanced bicycle and pedestrian connections along what is expected to be a busy 12-lane, high-speed roadway, Heiligenstein told the Monitor that the 183 South Project will drive future development along the corridor, which would presumably induce further demand on the toll road.
“It will be very attractive to new businesses and commercial activity and will create a lot of jobs,” he predicted.
CTRMA Director of Engineering Justin Word told the board that the 183 South Project is running ahead of schedule and that construction is set to begin on April 6.
Once the project is completed, U.S. Highway 183 between U.S. Highway 290 and State Highway 71 will feature three new limited-access toll lanes in each direction. On each side of that 8-mile ribbon of asphalt, there will be three lanes of nontolled frontage road.
Last May, CTRMA awarded Colorado River Constructors a $581 million contract to both design and to build the expansion. Heiligenstein told the Monitor that on top of other expenses, including financing, the true cost of the project will top $800 million.
If all goes according to plan, the 183 South Project will be completed by fall 2020.
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Archives - 07 August 2012, Tuesday
We've noted before that the cryptocurrency Bitcoin has been adopted enthusiastically by those engaged in legally dubious pursuits like gambling and drug purchases. Forbes points us to a new study that backs up this proposition with hard data. Nicolas Christin, a researcher at Carnegie...
"Every day or so of the last six months, Carnegie Mellon computer security professor Nicolas Christin has crawled and scraped Silk Road, the Tor- and Bitcoin-based underground online market for illegal drug sales. Now Christin has released a paper (PDF) on his findings, which show tha...
In the year since Senator Joe Manchin called for the “audacious” drug-selling website Silk Road to be “shut down immediately,” the world’s most high-profile underground pharmacy hasn’t just survived. With $22 million in annual sales and around double the commission for the site’s owne...
Move up http://i.forbesimg.com t Move down The Case For Monetary Freedom Jon Matonis Contributor Top 10 Bitcoin Statistics Jon Matonis Contributor It may not be as historically significant as President Nixon closing the gold window in 1971, but Rep. Ron Paul laid out the framework for...
"Every day or so of the last six months, Carnegie Mellon computer security professor Nicolas Christin has crawled and scraped Silk Road, the Tor- and Bitcoin-based underground online market for illegal drug sales. Now Christin has released a paper (PDF) on his findings, which show tha...
Today, true to our entrepreneurial roots - we are intrigued by the phenomenon known as “Bitcoin”. Since our current technology allows online purchases without the need of a credit card - and has a 99.999999% Good Funds Model over the decade that we have been in business - we began to ...
Click photo to enlarge Designer Brittany Schlunt works on FarmVille characters at Zynga headquarters in San Francisco on June 6, 2012. Law enforcement officials say consumer use of "virtual currency" in Internet games is a multibillion-dollar new territory for crooks to exploit. « 1 »...
Why we need Bitcoins for international transactions Today at 08:18:20 AM #1 Reading the thread about the story of a man who deposited a fake check and ended getting his bank going from all nice to all not-nice. Let me tell you another one (about 1% of people who do international wires...
If you or someone you know is interested in helping draft an administrative ruling request to FinCEN about the regulatory status of Bitcoin, please contact [email protected] . (Lawyers especially.) Make Your Laws (MYL) is a group of three new non-profit corporations — a 501(c)3, 5...
The major feature of the Bitcoin protocol is to effect transfers of wealth, but it’s primary domain object – the primary noun of importance in the system – is not coins or vouchers but an accounting ledger. The maintenance of that shared public record is the primary task and the compe...
Bitcoin: The Cryptoanarchists’ Answer to Cash How a Bitcoin transaction works Bitcoin: a protocol for the distributed maintenance of a ledger? We built it together, Mr President, through the division of labour Video: Democracies, Republics and other unnecessary evils Hedge Fund Titan ... |
In many laser applications, it is necessary to deliver a beam of radiation from the laser to a device remote from the laser that must have as many as six degrees of freedom of movement in space. Such applications include, in particular delivery, of a laser beam to a handpiece or applicator for applying the laser beam in a medical or dental treatment. A handpiece or applicator may include focusing optics for the beam or a scanning arrangement for scanning the beam over a treatment area. A common and convenient delivery arrangement for laser radiation having a wavelength in the visible or near infrared region of the electromagnetic spectrum is to transport the radiation (beam) from the laser to the handpiece via an optical fiber or a bundle of optical fibers.
Transmission via optical fibers is practically limited to radiation having a wavelength less than about 2600 nanometers (nm). At wavelengths longer than this, delivery is usually effected via what is generally referred to by practitioners of the art as an articulated arm. An articulated arm comprises a plurality of tubes joined one to another via one-axis or two axis rotatable joints or couplers. Internal mirrors in the couplers steer a beam through the arm from one tube to another, and along the length of the tubes.
FIG. 1 schematically illustrates one example 10 of a commercially available articulated arm supplied by LASER MECHANISMS™, INC. Farmington Hills, Mich. Arm 10 includes a launch housing 12 having a mounting plate 14, fixedly attachable to a laser (not shown). The laser beam enters the housing via an aperture 16 in plate 14, and is directed by a mirror LM into a first tube 18 of the arm. The beam is directed out of tube 18 by first mirror M1 housed in a joint or coupler 22 including mirrors M1 and M2 (not visible in the FIG. 1). Mirrors M1 and M2 direct the beam into and along a second tube 20. Coupler 22 between tubes 18 and 20 permits pivoting or rotation of the coupler and mirror M1 about the longitudinal axis of tube 18 as indicated by arrows R1, and permits pivoting of tube 20 about an axis perpendicular to the longitudinal axis of tube 20 (and tube 18) as indicated by arrows R2. Tube 20 is supported by an elongated support member 24 having a right angled bracket 26 thereon, to which is attached a counter weight 28.
Tube 20 is attached to a tube 30 by another coupler 32 including mirrors M3 and M4. Coupler 32 is rotatable about the longitudinal axis of tube 20 as indicated by arrows R3, and permits pivoting of tube 30 about an axis perpendicular to the longitudinal axis of tube 30 as indicated by arrows R4. The beam traveling along tube 20 is reflected via mirrors M3 and M4 into and along tube 30. A coupler 34, at an end of tube 30 includes a mirror M5 and a mirror M6 and is pivotable about the longitudinal axis of tube 30 as indicated by arrows R5 and about an axis perpendicular to the longitudinal axis of the tube 30 as indicated by arrows R6. Mirrors M5 and M6 in coupler 34 direct the beam from tube 30 through two right-angle bends in a direction perpendicular to the longitudinal axis of tube 30. A final coupler 36 includes a mirror M7 and is pivotable about the axis of the section emerging from coupler 36 as indicated by arrows R7. Coupler 36 has a flange 38 thereon from which the laser beam is delivered, and to which can be attached a handpiece or the like (not shown in FIG. 1) for focusing, shaping, dividing or scanning the beam. Such a handpiece, being attached to flange 38, would be pivotable as indicated by arrows R7.
In this type of arm, the two long arms 18 and 20 and rotations R1, R2 and R4 are primarily responsible for selection the position of the output end of the arm in a three dimensional working space or volume around the launch unit, definable in terms of X, Y, Z Cartesian axes. Three degrees of freedom of movement along these axes determine the position of the end of the arm in the working volume. The remaining rotations R3, R5, R6 and R7, cooperative with the other rotations, provide three additional degrees of freedom, i.e., rotation (pivoting) about the X-axis, pivoting about the Y-axis, and pivoting about the Z-axis.
Each mirror in an articulated arm is a source of energy loss in a beam as the mirrors are never exactly 100 percent reflective for the wavelength of the laser radiation. Even if each mirror has a reflectivity of 99%, the total energy loss from absorption in a seven mirror arm will be 7%. Further, no matter how well engineered coupler of the articulated arm may be, the couplers will never be completely free of play and accumulation of play at all of the joints can result in movement-sensitive changes in direction (pointing) of the beam as the beam leaves the articulated arm. Because of a requirement for freedom and smoothness of pivoting together with minimizing of free play in rotatable joints, the couplers are expensive and contribute to most of the cost of an articulated arm. The cost of such an arm is essentially proportional to the number of couplers therein. Clearly, it would be advantageous if the number of mirrors and couplers in an articulated arm could be reduced to reduce energy losses and beam pointing variations, and reduce the cost of the arm without giving up degrees of freedom of movement of a handpiece or the like attached to the arm. A typical handpiece at the end of the arm may require the laser beam to maintain an input tolerance of 10 to 100 micrometers (μm). For a one-meter-long arm, this means that the combined angular tolerance for all couplers combined must be less than 10 to 100 microradians. |
Q:
How to open wikipedia home page with already entered a specific test in the search bar
I'm opening this wikipedia page
by pushing a button and i'm using this code to do it
let urlW = URL(string: "https://www.wikipedia.org")
let svm = SFSafariViewController.init(url: urlW!)
self.navigationController?.pushViewController(svm, animated: true)
what i would like to know if is possibile to open the same page with already entered a specific text in the search bar, for example "colosseum" or something like that; how can i do?
A:
Quick Answer: Use the URL: https://en.wikipedia.org/w/index.php?search={search term}
If you goto the website and do a basic search for something you will normally end up at a URL like https://en.wikipedia.org/wiki/Colosseum
If you mispell the search term and the website does not get a good match, you will get a URL like https://en.wikipedia.org/w/index.php?search=coloesumn
If I use this URL for easy searches, such as tank
https://en.wikipedia.org/w/index.php?search=tank
I get redirected to https://en.wikipedia.org/wiki/Tank
So in short you should be fine to use the following URL
Use the URL: https://en.wikipedia.org/w/index.php?search={search term}
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Robert Guralnick
Robert Michael Guralnick (born 10 July 1950) is an American mathematician. He works as a Professor of Mathematics at the University of Southern California.
Guralnick was elected a Fellow of the American Mathematical Society in 2012, and was awarded the Cole Prize in 2018.
References
Category:1950 births
Category:Living people
Category:American mathematicians
Category:University of Southern California faculty
Category:Fellows of the American Mathematical Society |
(CN) – An Amador County man claims in a lawsuit filed Wednesday that the California Highway Patrol failed to warn him that they rearmed an officer who wanted to kill him for being in a relationship with the officer’s estranged wife.
The department’s negligence also led to a 2018 incident in which the officer killed himself after murdering his wife, according to the suit.
Philip Debeaubien said in his 17-page complaint that he had been in a romantic relationship with Mary Wheat, the estranged wife of former CHP officer Brad Wheat, and was living with her in a Garden Valley, California, home in 2018.
Wheat became aware of his wife’s relationship with Debeaubien around July 2018 and began stalking the pair, according to the complaint, which was filed Wednesday in Sacramento Superior Court.
The officer allegedly used his CHP credentials to scan law enforcement databases for information that would lead him to Debeaubien, who claims in his complaint that Wheat’s fellow officers assisted him in the stalking activities.
In an Aug. 2, 2018 incident, Wheat stormed into a Garden Valley, California, home owned by his wife’s father and called her “whore.”
Debeaubien and Mary moved out of the house after the incident and relocated temporarily to a friend’s home in Sutter Creek, bubt Wheat somehow found them later that month and broke two windows of the home, according to the complaint.
On September 1, 2018, Wheat allegedly returned and broke all of the windows of the Sutter Creek home.
Debeaubien reported the incidents to local police and named Wheat as the “likely perpetrator.” Wheat was allowed to operate as a CHP officer despite being named in police reports, the complaint states.
During an August 4 assessment, the CHP, which oversees law enforcement on the state’s highways, found Wheat unfit for duty and removed his department-issued pistol and ammunition.
Wheat had revealed to a department psychologist that he had “uncontrolled anger” towards his wife and Debeaubien, according to the complaint.
Debeaubien said in his complaint that the department failed to issue him a Tarasoff warning, which is the practice of police agencies warning potential victims of violence.
In early September 2018, after the Garden Valley and Sutter Creek incidents, the department “inexplicably” reissued Wheat his weapon.
Debeaubien claims that the department “failed to properly asses Wheat’s fitness for duty and/or mental capacity.”
On September 3, Debeaubien went with Mary to the gym where he worked as a fitness trainer.
Wheat showed up.
Debeaubien describes in his complaint how he ended up shot, and Mary ended up dead.
The officer, who was off-duty, began banging on the gym’s backdoor and shouting loudly at the pair. At one point he shot out the gym’s front window with his gun.
After entering through the broken window, Wheat chased Debeaubien around the gym before shooting him in the left shoulder.
Despite being shot, Debeaubien tackled Wheat to ground, causing him to the drop gun, which was picked up by Mary.
After the tussle, Wheat escaped Debeaubien’s grasp and ran after Mary. Moments later, Debeaubien heard the gunshots that killed Mary and Wheat.
The fatal shootings were recorded by a bystander who was startled awake while sitting in a car nearby, but Debeaubien has not been allowed to see the video, according to the complaint.
Debeaubien says that CHP was aware of the underlying problems Wheat faced but chose to ignore the issues.
“Officers’ possession of firearms, combined with the knowledge that their crimes likely won’t be rigorously investigated, further serve to enable officer-involved domestic violence,” Debeaubien said in his complaint. “The CHP has inadequate policies to protect those at risk from domestic violence at the hands of their officers.”
The CHP and CHP officers Todd Brown, Reggie Whitehead and Brent Newman are named defendants in the suit.
A CHP spokesperson declined to comment, citing pending litigation.
|
Q:
Rudin's assertion that if $t = x/(1 + x)$ then $0 \leq t < 1$
I'm having trouble understanding one step in the proof of Theorem 1.21 in Rudin's Principles of Mathematical Analysis.
Theorem 1.21 For every real $x > 0$ and every integer $n > 0$ there is one and only one positive real $y$ such that $y^{n} = x$.
In the proof he makes the following claim: Let $E$ be the set consisting of all positive real numbers $t$ such that $t^{n} < x$. If $t = \frac{x}{1 + x}$ then $0 \leq t < 1$.
I don't understand how he got that inequality. If $t = 0$ that implies that $x = 0$ which is a contradiction since every $x > 0$. And if $x \rightarrow \infty$, then $t = 1$.
A:
Notice that in this proof $x$ is a fixed positive real number, and that we are assuming $t=\frac{x}{x+1}$.
Since $x>0$, we have $x+1>0$ so $t=\frac{x}{x+1}>0$ hence $t>0$ thus $t\geq 0$. Furthermore, since $x<x+1$ and neither of these are $0$ we have $t=\frac{x}{x+1}<1$. Putting these together gives $0\leq t< 1$.
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Feasibility of using the Omaha System to represent public health nurse manager interventions.
To test the feasibility of representing public health nurse (PHN) manager interventions using a recognized standardized nursing terminology. A nurse manager in a Midwest local public health agency documented nurse manager interventions using the Omaha System for 5 months. ANALYTIC STRATEGY: The data were analyzed and the results were compared with the results from a parallel analysis of existing PHN intervention data. Interventions for 79 "clients" (projects, teams, or individuals) captured 76% of recorded work hours, and addressed 43% of Omaha System problems. Most problems were addressed at the "community" level (87.1%) versus the "individual" level (12.9%). Nursing practice differed between the 2 knowledge domains of public health family home visiting nursing and public health nursing management. Standardized nursing terminologies have the potential to represent, describe, and quantify nurse manager interventions for future evaluation and research. |
Courtesy of Cayuga County sheriff's departmentThe wreckage of a pickup truck driven by Christopher Spack sits along Route 370 after Spack was allegedly forced off the road by William Levea in November 2009. Spack, who died in the crash, had called 911 minutes earlier to report another motorist was harassing him.
Auburn, NY - A Cayuga County judge is to rule on Thursday whether an 80-year-old Fulton man can use an insanity defense when he is tried on charges that he killed another motorist in what police say was an unprovoked road rage attack.
Syracuse lawyer George Hildebrandt is seeking court approval to use that defense for William Levea, who faces 15 charges including second-degree murder, driving while intoxicated and reckless endangerment.
A hearing on Hildebrandt’s request is to start at 8:30 a.m. before county Judge Thomas Leone, according to court clerk Kelly Wejko.
“There’s certainly a question of mental competence here. Until (the issue) is decided the case can’t proceed,’’ Wejko said.
In December, Leone ruled Levea was mentally fit to stand trial. If Levea is found guilty by reason of insanity he would be remanded to a mental health facility instead of prison.
Levea, who has a violent criminal history, is accused of repeatedly ramming his car into the back of a pickup truck driven by Christopher J. Spack, 41, of Camillus, the night of Nov. 20. The two men did not know each other, authorities said.
Provided photoWilliam Levea
Levea started chasing Spack in Onondaga County before Spack lost control of his pickup truck on Route 370 in Cato and was struck by an oncoming pickup truck, authorities said. Spack died at the scene; Levea was not hurt and has remained in county jail since the crash.
Levea faces up to 25 years to life if convicted of murder, the most serious of the alleged crimes. His first lawyer raised the possibility that Levea suffers from dementia or Alzheimer’s disease.
The Fulton man was recently examined by a psychologist hired by Hildebrandt, according to court records. Levea was to be evaluated by a mental health expert representing county District Attorney Jon Budelmann before this week’s hearing.
Budelmann said he could not discuss the case because it is pending in court; Hildebrandt did not return telephone messages. |
Did AOL get caught censoring emails?
Poor AOL. They just can’t get away from the drama over their certified email program. This time they’re facing attacks from non-profit group MoveOn.org who claim AOL began censoring emails that contained links to petition site DearAOL.com. After MoveOn.org made their initial claims, more than 150 people who signed a petition for AOL tried sending messages and received an error message that alerted them their email ‘failed permanently’ and would not be delivered. AOL claimed a glitch in the system, but non-profits cried foul.
DearAOL.com is an online petition that protests AOL’s plans to begin charging an email tax to route email around its spam filters. The online petition has been signed by over 40,000 people so far.
Turning the situation into a complete PR fiasco, upon hearing the news, news site CNet sent out a test email to AOL with the DearAOL.com URL inside it and found it too came back undelivered. Well, that doesn’t look good, does it?
When MoveOn.org realized their emails were not be delivered they sent out notices to everyone on its email list claiming that AOL was purposely censoring the protest emails. Taking full advantage, they pointed towards Wednesday’s computer glitch as even more evidence that AOL does not have its customers’ best interests in mind and should not be allowed to tax emails.
AOL says the blockage was due to a ‘glitch’ that incorrectly labeled several of the sites as being spammers. An AOL exec said there was ‘absolutely no commonality’ among the 50 or so sites that were affected. Well, except that a number of the affected emails contained the DearAOL URL. AOL execs pointed they have delivered ‘millions and millions’ of emails correctly. Yes, yes you have. But that doesn’t seem to be the issue here.
And while I love conspiracy theories just as much as the next paranoid blogger, I just can’t believe that AOL was purposely trying to censor emails. First, the petition being circulated has been making the rounds for two months now. It doesn’t seem viable that AOL has all of sudden decided to start blocking it. Secondly, it’s not as if the ‘blocked’ emails would go unnoticed. It would be ridiculous to think AOL purposely censored the protest-related emails and didn’t think it would get traced back to them.
With the amount of email being sent over AOL, you’re bound to have a few bouncebacks. Does it look bad that some of the bounced emails were related to MoveOn.org’s campaign to stop AOL’s CertifiedEmail program? Yes. But what about the emails that got bounced back that didn’t have the nefarious URL inside? I think Wednesday’s glitch was just that. A glitch. With some really bad timing.
HQ Hours of Operation:
8:30am to 5:30 pm Pacific timeDays of Operation:
Monday through Friday — email works other times in many casesSupport Operations:
M-F 9:00 to 5:00 Email Support FormTraining Facility:
Please see the training facility map |
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-2088
ROY T. COOPER,
Plaintiff - Appellant,
versus
NAN YA PLASTICS,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:04-cv-21823-TLW)
Submitted: February 22, 2007 Decided: February 27, 2007
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Roy T. Cooper, Appellant Pro Se. Jonathan Pharr Pearson, Cheryl
Lynne Behymer, FISHER & PHILLIPS, LLP, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roy T. Cooper appeals the district court’s order
accepting the recommendation of the magistrate judge and dismissing
the employment discrimination action Cooper brought against his
former employer, Nan Ya Plastics. We have reviewed the record and
find no reversible error. Accordingly, we affirm for the reasons
stated by the district court. (Cooper v. Nan Ya Plastics, No.
4:04-cv-21823-TLW (D.S.C. Sept. 19, 2006)). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
AFFIRMED
- 2 -
|
Fernandes, Cláudia Regina et al. Implementation of a residency program in anesthesiology in the Northeast of Brazil: impact on work processes and professional motivation. Rev. Bras. Anestesiol., Apr 2015, vol.65, no.2, p.155-161. ISSN 0034-7094 |
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Great place for a quick dinner with an excellent Piada and salad menu. Service is efficient and very kind. I ordered a salad and a piada, I didn't appreciate the size of my side salad so I ordered both but couldn't finish it since both...More
I come here often and I'm never disappointed. The piadina is always very good and stuffed (nothing like the one-ham-slice I found in other places) and the staff is nice. The only bad thing is that it's almost always crowded, but you can take it...More
With a design that let's you wander in the 18th Century, with a bit of LED lighting :-), you can savour a tasty piadine with the freshest ingredients. Friendly atmosphere, can be a bit crowded. 2 Piadine 2 wines 2 waters little less then 20€....More
I was here with my boyfriend. I really enjoyed it. Was a romantic place for me with all the furniture and clothes of staff, etc. Food amazing, for me was too much, I was not able to finish all. I have returned another time, but...More
The piadines they serve are very tasty. There is a long menu with man different choices, for a very decent price. Especially recommended for a quick lunch. The "kitchen" is open for everyone to see, which is nice, however leaves you with the smell of...More
Unfortunately, my husband and I each ordered a plate and a dessert to share for lunch, and there was something wrong with each dish. My husband ordered a chicken flatbread but was given turkey; my chicken meatball flatbread had meatballs that were not warm throughout;...More
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Navigli
The Navigli is part of historic Milan. In the ancientdays, the entire city was linked with canals, similarto Venice. Today, most of the canals are gone, but theNavigli remains a canal-based neighborhood. There aretwo major canals: Naviglio Pavese and Naviglio Grande.The Naviglio Grande's bridges greet visitors at duskwith an amazing view. The Navigli district specializesin clubs, cafes, and vintage shops. Lifestyle reigns
...More
supreme here. You can start the walk from the Colonnedi San Lorenzo, an antique colonnade in front of theBasilica di San Lorenzo. During the daytime, thisplace acts as a meeting point for artists and studentsreading books or chatting with friends; the nightsturn it into a stepping-stone for club hoppers.Science lovers will also relish the opportunity tovisit the Science and Technology National MuseumLeonardo Da Vinci, showcasing inventions of theItalian genius. |
import Warning from 'components/Markdown/Warning'
export const meta = {
title: 'Change Datamodel',
position: 2,
nextText: 'Fantastic! 🎉 You are now able to migrate your database using Prisma. Next you will learn how to build an API server based on Prisma client.',
technology: 'go',
technologyOrder: 4,
gettingStartedOrder: 1,
articleGroup: 'Change Datamodel',
}
## Goals
On this page, you will learn how to:
- Adjust the datamodel and update your Prisma API
- Regenerate your Prisma client
- Create two database records in a single transaction
- Query relational data
<Warning>
This page is only relevant if you started with a [new database](t002) or a [demo server](t001). If you configured Prisma with an [existing database](t003), you need to run migrations directly against your database.
</Warning>
## Adjust your datamodel
Update the datamodel in `datamodel.prisma` as follows:
```graphql copy
type User {
id: ID! @unique
email: String @unique
name: String!
posts: [Post!]!
}
type Post {
id: ID! @unique
title: String!
published: Boolean! @default(value: "false")
author: User
}
```
Here's what changed:
- You added a new `email` field to the `User` type.
- You added a new `Post` type to the datamodel.
- You added a _relation_ between `User` and `Post` (via the `posts` and `author` fields).
## Redeploy your Prisma API
To apply the changes you just made to your datamodel, you need to redeploy the Prisma API:
```bash copy
prisma deploy
```
## Regenerate your Prisma client
Because the Prisma client is based on your datamodel, it needs to be regenerated every time the datamodel is updated:
```bash copy
prisma generate
```
The Prisma client library in the `/generated/prisma-client` directory is now being updated and its API has been adjusted to use the new datamodel.
## Read and write nested objects
The Prisma client API allows to write nested objects in a single transaction without having to manually control when the transaction starts or ends.
Update your `index.go` to look as follows:
```go copy
package main
import (
"context"
"fmt"
prisma "hello-prisma/generated/prisma-client"
)
func main() {
client := prisma.New(nil)
ctx := context.TODO()
// Create a new user with two posts
name := "Alice"
email := "alice@prisma.io"
title1 := "Join us for GraphQL Conf in 2018"
title2 := "Subscribe to GraphQL Weekly for GraphQL news"
newUser, err := client.CreateUser(prisma.UserCreateInput{
Name: name,
Email: &email,
Posts: &prisma.PostCreateManyWithoutAuthorInput{
Create: []prisma.PostCreateWithoutAuthorInput{
prisma.PostCreateWithoutAuthorInput{
Title: title1,
},
prisma.PostCreateWithoutAuthorInput{
Title: title2,
},
},
},
}).Exec(ctx)
if err != nil {
panic(err)
}
fmt.Printf("Created new user: %+v\\n", newUser)
allUsers, err := client.Users(nil).Exec(ctx)
if err != nil {
panic(err)
}
fmt.Printf("%+v\\n", allUsers)
allPosts, err := client.Posts(nil).Exec(ctx)
if err != nil {
panic(err)
}
fmt.Printf("%+v\\n", allPosts)
}
```
Run the script with the following command:
```bash copy
go run index.go
```
## Query relational data
With the Prisma client API, you can navigate relations in your data graph using chained method calls (also called _fluent API_). Here is how you can query the `posts` written by a certain `User`:
```js copy
package main
import (
"context"
"fmt"
prisma "hello-prisma/generated/prisma-client"
)
func main() {
client := prisma.New(nil)
ctx := context.TODO()
email := "alice@prisma.io"
postsByUser, err := client.User(prisma.UserWhereUniqueInput{
Email: &email,
}).Posts(nil).Exec(ctx)
if err != nil {
panic(err)
}
fmt.Printf("%+v\\n", postsByUser)
}
```
|
This is where we will make important announcements, accept offers of helpful tips from members, and a place for questions and discussion regarding website and forum operations and procedures.Our Code of Conduct is also viewable here.
3 days ago I was given a nerve block by a pain management physician in Florida. I am in worse pain than ever and my glucose levels which had been controlled have sky rocketed almost immediately. I had to go to my internist who prescribed metaformin 500mg twice a day. Prior to the block I was controlling my sugars with diet and Onglyza once a day. I am hoping that this is temporary and will go away but I am not sure. I consulted another PM doctor who said I should have an ablation done but that conflicts with what the other doc who said that would be a last resort.Can anyone share the situation with the glucose levels and how long it takes for the nerve block to kick in? I have terrible pain in my scrotum much worse than prior to the injections.
Did your nerve block contain a steroid? Steroid injections can increase blood sugar levels for several days. I recently had a steroid injection in my shoulder and was warned about this. http://www.ncbi.nlm.nih.gov/pubmed/21540770
With pudendal nerve blocks it may take 3-4 days for the steroid to kick in, however; it is not uncommon for PN blocks to cause a flare-up for several weeks. That is what happened to me with one of my nerve blocks. Hopefully your pain will calm down soon. In the meantime, you may need to increase your pain medications.
This webpage might answer some of your questions about nerve blocks. http://www.pudendalhope.info/node/51Did you experience any relief at all, even for a few hours? If so, that could indicate a diagnosis of pudendal neuralgia. I would not even consider ablation of the pudendal nerve unless a pudendal nerve block definitively confirmed that I had pudendal neuralgia. Even then, I would think twice about an ablation and would try a lot of conservative therapies first.
There are two types of ablation -- pulsed radio frequency (PRF) ablation or cryoablation. I explained the difference in an article in this newsletter. http://www.pudendalhope.info/sites/defa ... 202014.pdfSince that article was written, there have been several physicians who are doing cryoablation on the pudendal nerve but with mixed results.
From what I've heard, PRF may provide temporary relief but will likely have to be repeated on a regular basis. Cryoablation is more neurodestructive but may also need to be repeated. There are risks involved with both procedures.
I think the important thing to do at this point is to let your doctor know about your increased pain levels to see if you can get some extra pain meds, and to use whatever other methods of pain control that work such as heat and ice. Sorry to hear you are having increased pain but keep your courage up because it is most likely temporary.
Violet
PNE since 2002. Started from weightlifting. PNE surgery from Dr. Bautrant, Oct 2004. Pain now is usually a 0 and I can sit for hours on certain chairs. No longer take medication for PNE. Can work full time and do "The Firm" exercise program. 99% cured from PGAD. PNE surgery was right for me but it might not be for you. Do your research.
I am not sure what medication my nerve block consisted of but my assumption is that it was in fact a steroid. With the added Metaformin that my internist prescribed my glucose level today for the first time is normal. In addition to a normal glucose level yesterday was the first time I was basically pain free in all of the areas that normally are involved, this is 5 days post my injections. My PM physician wants to do a series of theses blocks for about 5-6 months. My fear is that each time he administers the block I will be in agony for several days. Two months ago I did have a nerve block by another physician that took my pain away for about 5 1/2 hours. Once he diagnosed the pain as being PN he sent me for therapy with a pelvic specialist. I did not have any relief with the therapy and was then sent to the PM doc who did the nerve block. I am so frustrated because I am getting mixed messages from everyone. My internist is recommending the ablation in order to avoid the glucose level increase from the steroid blocks. I am at my wits end with this agonizing pain.My pain first started as rectal pain and after a series of seeing GI docs and rectal specialists someone finally sent me to the original pain doctor who did the diagnostic injection, he is the one that is currently recommending the ablation.My question here is should I chance a series of injections? Thanks for any advice anyone can give me I feel like no one wants to make a decision for me and the are leaving everything up to me. I have been suffering for 5 months now. Today again I am almost pain free but living with the fear it will come back.
Royce, I don't remember hearing of sarapin but that would be nice if it doesn't have any side effects. I wonder how effective it is. You are right that you are the only one who can make the decision about whether to have more nerve blocks. It is a difficult decision to make for sure and I wish you all the best.
Violet
PNE since 2002. Started from weightlifting. PNE surgery from Dr. Bautrant, Oct 2004. Pain now is usually a 0 and I can sit for hours on certain chairs. No longer take medication for PNE. Can work full time and do "The Firm" exercise program. 99% cured from PGAD. PNE surgery was right for me but it might not be for you. Do your research.
Please introduce yourself and tell us your story in the welcome center section of the forum.
Violet
PNE since 2002. Started from weightlifting. PNE surgery from Dr. Bautrant, Oct 2004. Pain now is usually a 0 and I can sit for hours on certain chairs. No longer take medication for PNE. Can work full time and do "The Firm" exercise program. 99% cured from PGAD. PNE surgery was right for me but it might not be for you. Do your research. |
1. Field of the Invention
The present invention relates to a method of controlling the injection and mixing of a fluid into another fluid flowing with a larger volume and velocity.
2. Prior Art
A venturi is a device which accomplishes the same task as the stated invention which is less difficult to construct, has more accurate control of the volume of injected fluid and is more efficient in the immediate mixing of the two fluids. |
Protein import machineries of peroxisomes.
Peroxisomes are a class of structurally and functionally related organelles present in almost all eukaryotic cells. The importance of peroxisomes for human life is highlighted by severe inherited diseases which are caused by defects of peroxins, encoded by PEX genes. To date 32 peroxins are known to be involved in different aspects of peroxisome biogenesis. This review addresses two of these aspects, the translocation of soluble proteins into the peroxisomal matrix and the biogenesis of the peroxisomal membrane. This article is part of a Special Issue entitled Protein translocation across or insertion into membranes. |
LocalBitcoins Resumes Outgoing Transactions After Warnings of Phishing Link on Forum
A link to a phishing LocalBitcoins clone website had been placed on the official LocalBitcoins forum, but the attack has since been stopped. A LocalBitcoins community manager warned of the attack on Reddit on Jan. 26.
According to the post, an unidentified hacker or hacker group detected a security vulnerability in the LocalBitcoins forum and linked it to a phishing forum. Even before the official communication, a Reddit user warned in a post on the Bitcoin (BTC) subreddit:
Continue Reading on Coin Telegraph
Like this: Like Loading... |
Tama Iron Cobra
The Tama Iron Cobra is a bass drum pedal line made between 1992 and the present. They are a full-baseplate, double chain or kevlar strap drive, professional quality bass drum pedal used by many leading drummers. The Iron Cobra comes in both single and double pedal configurations with 3 different drive choices and, recently, a longboard Speed Cobra option. Tama also produces an Iron Cobra Junior pedal for the beginner/intermediate audience. The pedal's initial popularity was in its adjustability, but it has also become known for its durability over time.
History
Tama Drums introduced the first Iron Cobra pedal prototype in 1992. This pedal had some of the eventual features of the production Iron Cobras but, with quickly machined, blocky parts, it looked quite a bit less refined than the eventual consumer version.
In 1993 the first generation Iron Cobra went on the market. The pedals looked similar to previous Tama models, having the typical silver, squared off footboard of the Tama pedals of the 1980s. The main difference with the new Cobra was the added adjustability of many of the components. The pedal was offered in a slightly less adjustable standard version and a full-featured professional version. The pedal was mostly the native silver color of the metal, with a few black painted details.
In 1998 the second generation Iron Cobra was released. This version had a more refined, curved footboard, updated branding and logo, and a black powder-coated finish. The bearings were upgraded and the hoop clamp was upgraded. All of the adjustment mechanisms were refined for the second generation, as the pedal had built its name on adjustability the past 5 years. Around this time was when the standard non-professional version became known as the Iron Cobra Junior. The Junior version had only a single chain drive, as opposed to the double chain of the full professional version.
In 2011 the third generation Iron Cobra came out with a new set of features. The pedal retained the black styling of the second generation, but with a few changes in features. This Cobra had a footboard surface that was smoother, the bearing housing was redesigned, the cam shapes were altered slightly, and the baseplate came with a feature called the Cobra Coil. The Cobra coil was a spring mounted beneath the footboard that was supposed to increase speed and responsiveness. Unlike the other upgrades, this Cobra Coil feature is unique to the Iron Cobra line and has come to be seen as a gimmick, rather than a true upgrade, adding very little to the playability of the pedals.
In 2013 the third generation pedals were joined by two new variants, the duo-glide, which allowed the cam shape to be altered, and the Speed Cobra, a longboard version with a unique light sprocket cam, new fastball bearing type, and a different beater shape.
Features
Since the beginning the Iron Cobra was known for adjustability. Through all the generations, the pedal has had the ability to adjust the footboard angle independently of the beater shaft angle, adjust the beater head angle, adjust the hoop clamp size, adjust the beater shaft length, adjust the feel of the beater with a sliding weight, and adjust the spring tension. Not all of these adjustments are universally possible on all other pedals from other manufacturers. The cam shape is not adjustable on the Iron Cobra, except on the third gen. duo-glide model, but the pedal has historically been offered with two different optional cams. The rolling-glide cam is round for a smooth action, while the powerglide cam changes radius mid-stroke for more acceleration. While most of the Iron Cobra pedals are double chain drive, the flexi-glide version has a kevlar strap drive. Since at least the second generation, the pedals have come with a hard plastic carrying case.
Artists
Prominent drummers to use the pedal include:
Dave Lombardo, Scott Travis, Joey Jordison, Mike Portnoy, Gavin Harrison, Stewart Copeland, Lars Ulrich, Derrick Plourde, etc.
References
Category:Human–machine interaction
Category:Percussion instrument beaters
Hardware
Category:Drumming
Category:Musical instrument parts and accessories |
Q:
Java - A method that takes an array and changes it, returning nothing (issues)
For a class assignment I have to write a method that called encodeChars that takes an array of characters and shifts each lowercase letter in the array up by one. The method is supposed to modify the array passed in and has no return value. My existing code is as follows:
public void encodeChars(char[] change){
for (int x = 0; 0 < change.length; x++){
switch (change[x]){
case('a'):
change[x] = 'b';
break;
case('b'):
change[x] = 'c';
break;
case('c'):
change[x] = 'd';
break;
case('d'):
change[x] = 'e';
break;
case('e'):
change[x] = 'f';
break;
case('f'):
change[x] = 'g';
break;
case('g'):
change[x] = 'h';
break;
case('h'):
change[x] = 'i';
break;
case('i'):
change[x] = 'j';
break;
case('j'):
change[x] = 'k';
break;
case('k'):
change[x] = 'l';
break;
case('l'):
change[x] = 'm';
break;
case('m'):
change[x] = 'n';
break;
case('n'):
change[x] = 'o';
break;
case('o'):
change[x] = 'p';
break;
case('p'):
change[x] = 'q';
break;
case('q'):
change[x] = 'r';
break;
case('r'):
change[x] = 's';
break;
case('s'):
change[x] = 't';
break;
case('t'):
change[x] = 'u';
break;
case('u'):
change[x] = 'v';
break;
case('v'):
change[x] = 'w';
break;
case('w'):
change[x] = 'x';
break;
case('x'):
change[x] = 'y';
break;
case('y'):
change[x] = 'z';
break;
case('z'):
change[x] = 'a';
break;
default:
change[x] = change[x];
break;
}
}
}
While I know that the switch is probably overkill for changing the incoming chars and a loop would be more efficient, my issues comes in when trying to test the code in my main method.
For the life of me I can not figure out, or find anywhere in class notes/ on the internet of how to get this method to take in an array of chars and modify it.
This goes along with testing the method, to make sure I correctly wrote the code to do as I need it. Also, sorry for the any issues that may have resulted in my inexperience of posting code to stackoverflow.
A:
Java passes object references by value. This means that changes you make to the array in the method will be seen outside the method.
Since you are dealing with character arrays, you can construct a string directly from it using the appropriate constructor: String(char[])
Java characters can be treated as a special integer type if you want to do math on them. If you want to add one to a char array element, you can do the following:
if(change[x] == 'z') change[x] = 'a';
else change[x]++;
You have to check the loop index rather than a constant in your loop: for (int x = 0; 0 < change.length; x++) should read for (int x = 0; x < change.length; x++).
|
Getty Images
It should not be surprising that the man who dubbed himself “The Black Unicorn,” has come up with a nickname for his new coach.
During an appearance on ESPN 1000, Bears tight end Martellus Bennett said that he and coach Marc Trestman were on the same wavelength, wherever that might be.
“I think me and Coach Trestman are probably the only two people who understand each other,” Bennett said (via the Chicago Tribune). “I always say Coach Trestman reminds me of the first Willy Wonka. Not the Johnny Depp one; the Johnny Depp one was really cool. But the first one. Before that. The 1943 version.”
It was 1971 when Gene Wilder portrayed the candy magnate in Willy Wonka and the Chocolate Factory, but Bennett was rolling.
“If you really look at Coach, he’s a genius,” Bennett said. “And a lot of times when you’re around really, really smart people, you don’t really understand them. I thought Willy Wonka was brilliant. I mean he had all kinds of candy. Who doesn’t like chocolate and candies? Everybody wanted a Gobstopper. Ya know? I just think he’s brilliant.”
If nothing else, Trestman has convinced Jay Cutler to not make the Veruca Salt face quite as often, and gotten rid of some of the Oompa Loompas who used to pass for offensive linemen around there. |
Final-year South African dental student attitudes toward a research component in the curriculum.
South Africa has recently introduced a compulsory research component into the undergraduate dental curriculum. This study was undertaken to establish how the students experienced the research exercise and what outcomes could be determined. A questionnaire of thirteen open- and closed-ended questions was distributed to final-year students at all four South African dental schools. A response rate of 56 percent was achieved, with 127 completed questionnaires returned. Forty-four percent of students enjoyed the research, 34 percent would have liked to have done more research, and 92 percent regarded research as being important in dentistry. Open-ended questions revealed that time, topic, financial, and group work issues hindered students' research experiences. This is in common with dental undergraduates elsewhere. Positive outcomes related to acquaintance with scientific literature, desire for further study, support from their research supervisor, and acknowledgment of a constructive learning event. South African dental undergraduates may not like the research component, but this is not due to lack of enthusiasm on their part. It appears that both internal and external factors impacting the South African dental academic system are influencing their research experience and making it unattractive. These factors should be identified and addressed at the school level where it is possible to optimize student research training. |
e 518708?
False
Is 49 a factor of 9763236?
False
Is 355 a factor of 450140?
True
Is 232 a factor of 156049?
False
Is 38 a factor of 497572?
True
Is 420 a factor of 393084?
False
Does 580 divide 849700?
True
Is 85281 a multiple of 13?
False
Is 77 a factor of 1061368?
True
Is 10259165 a multiple of 42?
False
Is 652668 a multiple of 411?
True
Is 29175476 a multiple of 44?
True
Is 1161934 a multiple of 123?
False
Is 2702742 a multiple of 1421?
True
Is 17 a factor of 92990?
True
Is 18 a factor of 152025?
False
Does 57 divide 79002?
True
Is 507 a factor of 953602?
False
Is 134248 a multiple of 692?
True
Is 2 a factor of 31590?
True
Is 45448 a multiple of 52?
True
Is 4655332 a multiple of 124?
True
Is 328 a factor of 16154656?
True
Is 205286 a multiple of 69?
False
Does 66 divide 883761?
False
Is 430516 a multiple of 321?
False
Does 30 divide 4176120?
True
Does 24 divide 9790512?
True
Does 30 divide 3260987?
False
Does 182 divide 122118?
False
Is 8 a factor of 178292?
False
Does 5 divide 3596?
False
Is 229539 a multiple of 785?
False
Does 331 divide 878805?
True
Is 22 a factor of 191180?
True
Is 2558 a factor of 7397736?
True
Is 118 a factor of 1669464?
True
Is 189 a factor of 143368?
False
Is 65 a factor of 473589?
False
Does 763 divide 15836219?
False
Is 102 a factor of 773262?
True
Is 61059 a multiple of 375?
False
Is 107 a factor of 1457665?
False
Is 1654228 a multiple of 14?
False
Does 11 divide 5534415?
False
Is 63 a factor of 43029?
True
Is 8 a factor of 1364296?
True
Does 168 divide 24060120?
True
Does 35 divide 4270?
True
Is 1230 a factor of 28580839?
False
Does 11 divide 68585?
True
Is 10 a factor of 129240?
True
Does 357 divide 1294839?
True
Is 278721 a multiple of 422?
False
Is 1864011 a multiple of 113?
False
Is 250451 a multiple of 104?
False
Does 65 divide 55835?
True
Is 2757560 a multiple of 26?
True
Is 144 a factor of 964368?
True
Does 69 divide 134123?
False
Is 488748 a multiple of 39?
True
Is 170 a factor of 258060?
True
Is 20 a factor of 110880?
True
Is 135174 a multiple of 3?
True
Is 5 a factor of 30175?
True
Does 15 divide 1929483?
False
Does 17 divide 11075168?
False
Is 810 a factor of 1712340?
True
Is 29 a factor of 18328?
True
Is 2243903 a multiple of 23?
True
Is 13 a factor of 292786?
True
Is 79765 a multiple of 53?
True
Is 71 a factor of 13077?
False
Is 35855 a multiple of 36?
False
Does 5 divide 190411?
False
Does 32 divide 425152?
True
Does 352 divide 1481216?
True
Does 2 divide 874856?
True
Is 8301575 a multiple of 95?
True
Is 9490408 a multiple of 337?
False
Is 16 a factor of 5456528?
True
Is 10 a factor of 279209?
False
Is 6852950 a multiple of 811?
True
Is 695 a factor of 4874035?
True
Is 117242 a multiple of 36?
False
Does 264 divide 2184169?
False
Does 4 divide 153222?
False
Does 17 divide 1546660?
True
Is 2771426 a multiple of 59?
False
Does 20 divide 106820?
True
Is 41 a factor of 662663?
False
Does 137 divide 571029?
False
Is 5 a factor of 160900?
True
Is 152704 a multiple of 128?
True
Does 360 divide 544211?
False
Does 153 divide 501557?
False
Does 423 divide 308375?
False
Is 7962661 a multiple of 7?
True
Is 7704 a multiple of 4?
True
Is 305078 a multiple of 92?
False
Does 9 divide 456489?
True
Is 27 a factor of 4000266?
True
Does 6 divide 999753?
False
Does 211 divide 94739?
True
Is 5872470 a multiple of 43?
False
Does 490 divide 433225?
False
Does 158 divide 5007?
False
Does 797 divide 1115800?
True
Is 15 a factor of 8160?
True
Is 228085 a multiple of 319?
True
Is 397 a factor of 19678841?
False
Is 88 a factor of 3394072?
True
Is 109032 a multiple of 118?
True
Does 328 divide 4920?
True
Is 9720 a multiple of 243?
True
Is 39 a factor of 3762174?
True
Is 17 a factor of 2048988?
False
Is 618 a factor of 463232?
False
Is 424304 a multiple of 184?
True
Is 424 a factor of 444776?
True
Is 339530 a multiple of 38?
True
Is 97 a factor of 437276?
True
Is 38 a factor of 158135?
False
Does 5 divide 431795?
True
Is 18141810 a multiple of 15?
True
Is 28 a factor of 1141599?
False
Does 215 divide 79980?
True
Is 433 a factor of 179879?
False
Does 58 divide 38628?
True
Is 183 a factor of 827526?
True
Is 37 a factor of 712472?
True
Does 872 divide 612540?
False
Is 1162 a factor of 27150298?
False
Does 85 divide 59220?
False
Is 201405 a multiple of 29?
True
Is 11226308 a multiple of 956?
True
Is 276 a factor of 545652?
True
Is 68 a factor of 4722206?
False
Is 134514 a multiple of 94?
True
Is 236 a factor of 3490440?
True
Is 3 a factor of 461353?
False
Does 244 divide 2303927?
False
Does 212 divide 3265748?
False
Is 224540 a multiple of 103?
True
Is 18 a factor of 5618484?
True
Is 3875508 a multiple of 21?
True
Does 16 divide 114350?
False
Does 42 divide 2185578?
False
Is 47 a factor of 224271?
False
Is 110425 a multiple of 248?
False
Is 2459 a multiple of 12?
False
Does 31 divide 80025?
False
Is 649969 a multiple of 7?
False
Does 376 divide 5589240?
True
Is 25 a factor of 74262?
False
Does 54 divide 504252?
True
Is 9161713 a multiple of 9?
False
Is 427893 a multiple of 1333?
True
Is 339 a factor of 165432?
True
Is 10 a factor of 18431920?
True
Is 178059 a multiple of 53?
False
Is 410 a factor of 5185647?
False
Is 437 a factor of 826778?
False
Does 8 divide 44432?
True
Is 260940 a multiple of 60?
True
Does 25 divide 174697?
False
Does 306 divide 753775?
False
Does 3 divide 52980?
True
Does 1320 divide 6844200?
True
Does 175 divide 351575?
True
Does 793 divide 1763632?
True
Does 18 divide 3386214?
True
Is 3100585 a multiple of 21?
False
Is 14925344 a multiple of 112?
True
Is 5457333 a multiple of 249?
True
Is 668415 a multiple of 5?
True
Is 226 a factor of 715064?
True
Does 240 divide 207935?
False
Is 2153918 a multiple of 24?
False
Does 244 divide 1417586?
False
Does 5 divide 143620?
True
Does 63 divide 2875761?
True
Does 4 divide 4070?
False
Does 46 divide 833354?
False
Is 242900 a multiple of 25?
True
Does 275 divide 2272050?
True
Is 7005453 a multiple of 764?
False
Is 282430 a multiple of 26?
False
Does 5 divide 1054245?
True
Does 13 divide 116662?
True
Does 33 divide 156618?
True
Does 234 divide 728472?
False
Is 261 a factor of 53644?
False
Is 310 a factor of 639840?
True
Is 688209 a multiple of 101?
False
Is 2424950 a multiple of 25?
True
Does 491 divide 18115?
False
Is 235 a factor of 235?
True
Does 47 divide 27147?
False
Does 5 divide 3869278?
False
Is 772 a factor of 21374364?
True
Does 4 divide 112046?
False
Is 158363 a multiple of 22?
False
Is 11397194 a multiple of 590?
False
Does 9 divide 16731?
True
Does 31 divide 3115971?
False
Is 9 a factor of 99796?
False
Is 139 a factor of 1970568?
False
Is 296377 a multiple of 3?
False
Does 1138 divide 12396006?
False
Is 278199 a multiple of 9?
True
Does 16 divide 237832?
False
Is 435 a factor of 4991990?
False
Does 17 divide 458283?
False
Is 4186372 a multiple of 167?
False
Does 196 divide 860244?
True
Is 394086 a multiple of 11?
True
Is 147090 a multiple of 15?
True
Does 255 divide 442818?
False
Does 342 divide 92340?
True
Does 16 divide 223296?
True
Does 365 divide 218918?
False
Is 723800 a multiple of 10?
True
Does 11 divide 2140037?
False
Is 12 a factor of 76584?
True
Does 15 divide 548214?
False
Is 100 a factor of 666000?
True
Does 17 divide 579891?
False
Does 55 divide 3166845?
True
Is 304440 a multiple of 15?
True
Is 1750485 a multiple of 103?
True
Is 32 a factor of 1019490?
False
Is 10 a factor of 276630?
True
Is 19582920 a multiple of 9?
True
Is 3064050 a multiple of 165?
True
Is 70 a factor of 1131209?
False
Does 3 divide 743483?
False
Is 29 a factor of 1112353?
True
Is 33 a factor of 1501335?
True
Is 1672784 a multiple of 8?
True
Is 2124915 a multiple of 65?
True
Is 176292 a multiple of 196?
False
Is 105 a factor of 51030?
True
Is 3644868 a multiple of 17?
True
Is 1023328 a multiple of 113?
True
Does 273 divide 2625168?
True
Does 56 divide 1524936?
True
Is 141621 a multiple of 4?
False
Is 4058872 a multiple of 108?
False
Does 403 divide 260741?
True
Is 59 a factor of 27448?
False
Is 27050 a multiple of 541?
True
Is 221468 a multiple of 13?
True
Does 45 divide 5282006?
False
Does 5 divide 7158?
False
Is 7763362 a multiple of 403?
False
Is 294354 a multiple of 237?
True
Is 9 a factor of 166059?
True
Is 22 a factor of 9077685?
False
Does 11 divide 109967?
True
Is 1 |
There are numerous myths regarding the origin of Shivaratri. Most of the stories of Shivratri can be traced to the Puranas. A few important legends are detailed below. It must be noted that almost all the myths happened during night and this is one of the reason for celebrating Shivaratri during night.
Myth of Shivratri based on Vishnu and Brahma searching for the origin of Linga
Lord Vishnu and Brahma wanted to know who was superior and this led to a fight. Lord Shiva intervened and said whoever can find out the origin or end of Shivling is superior. Lord Shiva appeared before them in the form of a huge pillar of fire. Lord Vishnu went down searching and Brahma went up searching. Both traveled and traveled but never met the beginning or end.
After the futile search, Lord Vishnu and Brahma prayed to Shiva and appeared before them in the form of Jyotirlinga and this day of the appearance of Lord Shiva is celebrated as Shivratri.
The Story of Shivaratri based on Samudra Manthan
This is a famous legend on Shivaratri and happened during the churning of ocean by Devas and Asuras to get ‘Amrit.’ While churning the ocean, highly toxic poison came out and Lord Vishnu asked the ‘devas’ and ‘asuras’ to approach Lord Shiva. He agreed immediately to help them and drank the poison. In order the poison to have no effect, Lord Shiva should not sleep. So the ‘devas’ and ‘asuras’ kept praying the whole night. Pleased with the devotion Lord Shiva said ‘whoever worships me on this day will get their wishes fulfilled.’
The story of Mahashivratri and the fall of ketaki flower
This myth is similar to the appearance of the Jyotirlinga legend. Brahma went up searching for the end of the Jyotirlinga and Vishnu went down. Brahma after traveling for a while saw a ketaki flower (screw pine) dangling down. He stopped his search and took the flower and returned to Lord Shiva. Vishnu too came back soon and expressed his inability to find the beginning. But Brahma said he found the ketaki flower atop the Jyotirlinga and ketki supported it. Lord Shiva became furious and cursed ketki flower that it will not be offered in worship.
The story of Shivratri based on hunter unknowingly dropping Bilva leaves on Lingam
There once lived a tribal hunter who was a Shiva devotee. One day he lost his way while hunting and was trapped in the forest at night. Soon wild animals started to gather around him and he climbed a Bel or Bilva tree. In order to keep himself awake, he started plucking Bilva leaves and dropped it down repeating ‘Om Namah Shivaya.’ In the morning, he discovered that he had been dropping the leaves on a Shivling. And the word spread that he was saved by Lord Shiva. People started celebrating the day as Shivratri. The story is mentioned in Mahabharata by Bhismha while on the bed of arrows. The hunter was born as King Chitra bhanu who could remember his previous births. And he discussed the importance of Shivaratri with a sage.
Apart from these myths, it is said that the reunion of Lord Shiva and Parvati happened on the Shivratri day. Another legend states that Lord Shiva performed the Taandava on this day. |
Q:
Valgrind: Invaild read of size 8
I have been working on an open source project for awhile, http://gtkworkbook.sourceforge.net/, and recently ran into an issue that just seems like I am going in circles. I'm pretty sure there is a heap problem but I have been looking at this code too long to figure out exactly what it is.
So, in brief, what I am doing is reallocating a block of memory from N pointers to M pointers while working with a libcsv parser. If there are additional columns I want to increase the maximum size of the array to 2 times the current size. Here's the code currently:
struct csv_column {
Sheet * sheet;
Cell ** array;
int & array_max;
int & array_size;
int row;
int field;
char * value;
};
static void
cb1 (void * s, size_t length, void * data) {
struct csv_column * column = (struct csv_column *) data;
int & array_max = column->array_max;
// Resize the cell array here.
if (column->field >= array_max) {
int max = (2 * array_max);
(column->array) = (Cell **) g_realloc ((column->array), max * sizeof (Cell*));
for (int ii = array_max; ii array)[column->field] == NULL)
(column->array)[column->field] = cell_new();
Cell * cell = (column->array)[column->field];
cell->set_row (cell, column->row);
cell->set_column (cell, column->field++);
cell->set_value_length (cell, s, length);
}
CsvParser::CsvParser (Workbook * wb,
FILE * log,
int verbosity,
int maxOfFields) {
this->wb = wb;
this->log = log;
this->verbosity = verbosity;
this->sizeOfFields = 0;
this->maxOfFields = maxOfFields;
this->fields = (Cell **) g_malloc (maxOfFields * sizeof (Cell*));
for (int ii = 0; ii maxOfFields; ii++)
this->fields[ii] = NULL;
}
CsvParser::~CsvParser (void) {
for (int ii = 0; ii maxOfFields; ii++) {
if (this->fields[ii])
this->fields[ii]->destroy (this->fields[ii]);
}
g_free (this->fields);
}
Here is the valgrind output:
==28476== Thread 9:
==28476== Invalid read of size 8
==28476== at 0x771AF4F: sheet_method_apply_cellarray (sheet.c:351)
==28476== by 0xD930DB7: largefile::CsvParser::run(void*) (CsvParser.cpp:147)
==28476== by 0xDD624C8: concurrent::thread_run(void*) (Thread.cpp:28)
==28476== by 0xA7B73B9: start_thread (in /lib/libpthread-2.9.so)
==28476== by 0x80DBFCC: clone (in /lib/libc-2.9.so)
==28476== Address 0xbc5d4a8 is 0 bytes inside the accessing pointer's
==28476== once-legitimate range, a block of size 160 free'd
==28476== at 0x4C25D4F: free (vg_replace_malloc.c:323)
==28476== by 0xD9314CA: largefile::cb1(void*, unsigned long, void*) (CsvParser.cpp:57)
==28476== by 0xDB42681: csv_parse (in /home/jbellone/work/gtkworkbook/lib/libcsv.so)
==28476== by 0xD930D00: largefile::CsvParser::run(void*) (CsvParser.cpp:136)
==28476== by 0xDD624C8: concurrent::thread_run(void*) (Thread.cpp:28)
==28476== by 0xA7B73B9: start_thread (in /lib/libpthread-2.9.so)
==28476== by 0x80DBFCC: clone (in /lib/libc-2.9.so)
==28476==
==28476== Invalid read of size 8
==28476== at 0x771AF66: sheet_method_apply_cellarray (sheet.c:351)
==28476== by 0xD930DB7: largefile::CsvParser::run(void*) (CsvParser.cpp:147)
==28476== by 0xDD624C8: concurrent::thread_run(void*) (Thread.cpp:28)
==28476== by 0xA7B73B9: start_thread (in /lib/libpthread-2.9.so)
==28476== by 0x80DBFCC: clone (in /lib/libc-2.9.so)
==28476== Address 0xbc5d4a8 is 0 bytes inside the accessing pointer's
==28476== once-legitimate range, a block of size 160 free'd
==28476== at 0x4C25D4F: free (vg_replace_malloc.c:323)
==28476== by 0xD9314CA: largefile::cb1(void*, unsigned long, void*) (CsvParser.cpp:57)
==28476== by 0xDB42681: csv_parse (in /home/jbellone/work/gtkworkbook/lib/libcsv.so)
==28476== by 0xD930D00: largefile::CsvParser::run(void*) (CsvParser.cpp:136)
==28476== by 0xDD624C8: concurrent::thread_run(void*) (Thread.cpp:28)
==28476== by 0xA7B73B9: start_thread (in /lib/libpthread-2.9.so)
==28476== by 0x80DBFCC: clone (in /lib/libc-2.9.so)
sheet.c line 351
gtk_sheet_set_cell_text (GTK_SHEET (sheet->gtk_sheet),
array[ii]->row,
array[ii]->column,
array[ii]->value->str);
The whole function from sheet.c:
static void
sheet_method_apply_cellarray (Sheet * sheet,
Cell ** array,
gint size)
{
ASSERT (sheet != NULL);
g_return_if_fail (array != NULL);
gdk_threads_enter ();
/* We'll see how this performs for now. In the future we may want to go
directly into the GtkSheet structures to get a little more performance
boost (mainly because we should not have to check all the bounds each
time we want to update). */
for (gint ii = 0; ii gtk_sheet),
array[ii]->row,
array[ii]->column,
array[ii]->value->str);
if (!IS_NULLSTR (array[ii]->attributes.bgcolor->str))
sheet->range_set_background (sheet,
&array[ii]->range,
array[ii]->attributes.bgcolor->str);
if (!IS_NULLSTR (array[ii]->attributes.fgcolor->str))
sheet->range_set_foreground (sheet,
&array[ii]->range,
array[ii]->attributes.fgcolor->str);
/* Clear all of the strings */
g_string_assign (array[ii]->value, "");
g_string_assign (array[ii]->attributes.bgcolor, "");
g_string_assign (array[ii]->attributes.fgcolor, "");
}
gdk_threads_leave ();
}
CSV parser thread
void *
CsvParser::run (void * null) {
this->running = true;
std::queue queue;
struct csv_parser csv;
struct csv_column column = {this->wb->sheet_first,
this->fields,
this->maxOfFields,
this->sizeOfFields,
0,
0,
new char [1024]};
if (csv_init (&csv, CSV_STRICT) != 0) {
std::cerr running == true) {
if (this->inputQueue.size() > 0) {
// Lock, copy, clear, unlock. - Free this up.
this->inputQueue.lock();
this->inputQueue.copy (queue);
this->inputQueue.clear();
this->inputQueue.unlock();
while (queue.size() > 0) {
std::string buf = queue.front(); queue.pop();
size_t bytes = buf.length();
if (this->running == false)
break;
if ((bytes = csv_parse (&csv, buf.c_str(), bytes, cb1, cb2, &column)) == bytes) {
if (csv_error (&csv) == CSV_EPARSE) {
std::cerr wb->sheet_first->apply_array (this->wb->sheet_first,
this->fields,
this->sizeOfFields);
if (column.row >= (column.sheet)->max_rows)
column.row = 0;
}
}
concurrent::Thread::sleep(1);
}
return NULL;
}
A:
My guess is that you are running into a race condition with threading. Cb1 is reallocating the array while your parser is trying to use it. After the realloc the old address is no longer valid and that is where your invalid read is coming from. You'll need to put a lock (perhaps a reader/writer lock) around the array to keep from hitting this problem. If it's possible, try running this code single-threaded to see if the problem reproduces. If it doesn't then it's a threading problem, otherwise it's something else entirely.
|
Q:
How to get value of textbox in jquery using name?
I have this html element :
<input type="text" name="quantity" value="1" class="input-text ">
How can I get it's value using name?
A:
For selecting all elements with name="quantity"
# HTML
<input type="text" name="quantity" value="1" class="input-text ">
#jquery
$('[name="quantity"]').val() // 1
For selecting all elements with name=*
# HTML
<input type="text" name="quantity" value="1" class="input-text ">
<input type="text" name="quality" value="2" class="input-text ">
#jquery
$('[name]').first().val() // 1
$('[name]').last().val() // 2
|
Q:
using qt : How To Build a Gui OnTop Of a Console Application?
i have a console application that generated from bison (a parser) and i want to build a simple gui for it
so i can send input from this gui to the console and get output from the console into the gui .
i tried to do that using java process class but it doesnt work for me , please help me to do that
using qt .
A:
It depends on the complexity of the data you want to feed in/out of your console application.
Low complexity
Use some command switches that you pass from your Qt GUI to your console application. Look at the QProcess class documentation.
High complexity
I would go with an RPC-like solution. Look at the QtDBus documentation (Linux/Unix only).
Note: I made the assumption that you want to keep your generated bison parser apart from your Qt GUI (in case you need the regenerate it again).
|
Sunday, March 31, 2013
Two posts ago, I asked the question: Do you save enough for retirement? Based on our example "Popoy," it seems that saving 32% of a 30,000-a-month income would not be enough to cover retirement expenses.
Click image to enlarge
In the graph above, using our example we plot annual income (blue bars) and annual expenses (red bars) against the left vertical axis; to help with our analysis, we also plot accumulated income (green line), accumulated expenses (purple line), and total wealth (blue line) on the right vertical axis.
The graph shows what happens before and after you retire/stop working: before retirement, as income is greater than expenses, you accumulate wealth; after retirement, you stop earning and continue spending, which depletes your wealth. We see here that at around age 75, Popoy's wealth will have been depleted to zero, so he would have too look for alternative sources of income to finance his expenses for the rest of his life. Suffice it to say, the objective of any retirement or financial planning exercise it to be able to achieve zero or more total wealth at the end of the planning horizon.
We also pointed out in the previous post that our example lacks details that would make it more realistic. Let's take a look at some factors that some of you suggested (thanks for the inputs, everyone :)):
A person's lifestyle of choice pretty much determines his or her level of expenses. In our example, we assumed that Popoy will maintain the lifestyle that he has today.
Apart from these, we also need to consider the following factors in our analysis:
Annual income increase
We can reasonably assume that income will increase by some rate every year, even if we don't get promoted.
Retirement pension
Apart from any retirement bonus provided by our employer, we should at least get a small pension from SSS or GSIS. For example, from the SSS website, members are entitled to a maximum pension of 7,500 per month, fixed.
Current wealth
People who have already started saving before age 30 would have a certain amount of "beginning" wealth.
We can thus incorporate the above factors in our analysis by using realistic assumptions. I made a simple "dynamic" Excel template where you can change inputs and see how cash flows and total wealth change correspondingly. You may download the file here.
For Popoy, let's use the following assumptions:
Age now:30
Current monthly after-tax income: 30,000
Monthly income multiplier: 13
Annual income increase (%): 4%
Monthly retirement pension: 7,500
Current monthly expense: 22,000
Annual inflation: 4%
Current wealth (net assets): 0
Annual investment return (%): 5%
Which leads to this:
Click image to enlarge
In this second graph, we see the profound effect that rising prices can have on wealth. Compared to the previous example, while bankruptcy occurs significantly later (80 years old vs. 75) the wealth deficit at the end of the planning horizon is much worse (11.4 million pesos compared to 2.8 million).
Using this tool, we see that Popoy needs to do something to make ends meet after he retires. If the goal is zero total wealth at age 85, what alternatives are available to Popoy and what set of inputs can lead to this goal? Also, remember that in our example, Popoy is single and is responsible only for his personal expenses. How would his future cash flows be affected if he is married, if he has kids or other dependents? How would cash flows change if our unit of analysis is a household rather than an individual? Are you happy with what you see if you plot your personal circumstances into the template?
If you have time in the next couple of days, please play around with the template, and see you can give some suggestions in the comments section below. We'll explore possible answers next week. |
Q:
Evaluation of function AVERAGE caused a divide by zero error
In Google sheets, I just input the following values through Data Validation.
Once the range of values are input in a google sheet, it looks like the following:
From the above figure:
I want to take an average of inputted drop down values in the range between
B6 and B14.
I applied a formula =Average(B6,B14). But, it display error message.
Error!
Evaluation of function AVERAGE caused a divide by zero error.
Anyone knows how to resolve it. Thanks in Advance!
A:
You can use the following formula:
=AVERAGE(ARRAYFORMULA(REGEXEXTRACT(B6:B14, "\d+")*1))
Explanation
The =REGEXTRACT() function will extract the first match of a regular expression for the given string. In this case, the first chain of numbers will be extracted.
Afterwards, the result of the function is multiplied by 1. This is done to transform the type of the result of =REGEXTRACT() from a string to a number, so that we may afterwards calculate the average.
=REGEXTRACT(), by default, operates on single strings - but not on multiple cells at the same time. For that reason, we have to wrap the call with =ARRAYFORMULA() which will allow to call it with a range as a parameter.
Finally, the =AVERAGE() function is called.
Handling empty cells
With the previous response, given a range in which at least a cell is empty/doesn't conform the regex specified in the =REGEXTRACT() call, an error will be returned. We have two main options to handle this situation:
Ignore the cell. The cell will be completely ignored for the average computation:
=AVERAGE(ARRAYFORMULA(IFERROR(REGEXEXTRACT(B6:B14, "\d+")*1, "")))
Treat the cell as a 0 towards the average computation.
=AVERAGE(ARRAYFORMULA(IFERROR(REGEXEXTRACT(B6:B14, "\d+")*1, 0)))
Both the solutions use the =IFERROR() function. In case the call to =REGEXTRACT() returns an error, the value will be replaced respectively for an empty string (which doesn't count in the average computation) or for a 0 instead.
|
Q:
Confused about order for processes
I'm trying to work on a pig latin type setup. The rule for consonant is to take the first letter of the string, move it to the end and add ay. My problem is that I'm deleting the first letter and moving it to the end...I'm not sure how to do this at the same time. Thank you.
pyg = 'ay'
original = raw_input('Enter a word:')
word = original.`enter code here`lower()
first = original[0]
if len(original) > 0 and original.isalpha():
if first == "a" or "e" or "i" or "o" or "u" or "A" or "E" or "I" or "O" or "U":
print("vowel")
new_word = original.append(pyg)
else:
print("consonant")
new_word = (word.pop[0] and word.append(word[0]) + str(pyg)
print original
else:
print 'empty'
A:
Like this?
new_word = word[1:] + word[0] + pyg
|
Just quickly bumping this. So I've been writing my Asuka/Kaworu/Shinji fic for a while now and last night I finished and uploaded the first bit of smut for it. I'm planning to do two, the first, which was finished last night is focusing on Asuka and Kaworu's first time doing anything. It's not the most complex of concepts, been together a couple of weeks, both are turned on and decide to do stuff.
Can't post the link but it is on my Ao3 for anyone interested. The second one will be of the three of them but that'll probably come after the fic itself is finished
I don't care it's a threesome, it involves Shinji and Kaworu in the same lemon scene without genderbending. That's automatic disqualification for me. I'm not saying bisexual scenes don't come to my mind every once in a while; in fact, I feel that there's potential for a scene of M/M exploration with F supervision where the POV male character inwardly wonders why would such an innocuous thing be treated as the foulest of taboos when it's surprisingly not at all different from pleasuring a woman, especially with the fact that a guy inherently knows a guy's body better than a girl does. I mean, it's not even all that different from a futa. But people don't bother exploring any of that because they stop thinking beyond "guy gets dominated". That's why I'm not opposed to yaoi per se, but simply can't take it seriously as it is.
jcmoorehead wrote:Just quickly bumping this. So I've been writing my Asuka/Kaworu/Shinji fic for a while now and last night I finished and uploaded the first bit of smut for it. I'm planning to do two, the first, which was finished last night is focusing on Asuka and Kaworu's first time doing anything. It's not the most complex of concepts, been together a couple of weeks, both are turned on and decide to do stuff.
Can't post the link but it is on my Ao3 for anyone interested. The second one will be of the three of them but that'll probably come after the fic itself is finished
Yui/Gendo/Mari threesome, followed by Mari having some off-the-books fun with Shinji (Mari's 19, Shinji's 17). Specifically, the trio have been having fun like this for a while and Shinji knew, but decided it wasn't his business (even though he often overheard it). Except Mari decided to bag him too and Yui, upon finding out, basically went "oh, okay, he sorely needed to get laid at his age but isn't the type to chase girls, so do me a favor and have fun with him, will you?"
Considering how much AO3 seems to like Kawoshin, do you guys think they'd have trouble with genderbent Kawoshin?
Specifically, a college-aged girl!Shinji being in a secret sexual relationship with Kaworu, who's attending the same college as her. The catch is that Kaworu is the crown prince and as such, if it came out that he was boning her, it would reflect badly on both of them: Shinji would be branded a gold digger/celebrity whore by tabloids while Kaworu would catch hot water from the royal family for keeping a concubine instead of focusing on his studies and thus, his duties and responsibilities as heir (he's in college studying economics in preparation for taking the throne down the line).
They can't help it, though. Because Shinji having fallen for a bishie is one thing, but it turns out said bishie has a thing for plain girls and Shinji is about as plain-looking as one can get (though she can be attractive whenever she's properly motivated to clean up, which is the kind of "hidden flower" beauty that got Kaworu's attention in the first place).
Probably because there's only a short sex scene and the episode ends with Asuka getting messily snuffed right next to Shinji by a piece of debris courtesy of Sachiel, followed by Toji and Kensuke suffering the same fate offscreen.
amitakartok wrote:Probably because there's only a short sex scene and the episode ends with Asuka getting messily snuffed right next to Shinji by a piece of debris courtesy of Sachiel, followed by Toji and Kensuke suffering the same fate offscreen.
It does, however, have Eyepatch Shinji.
I mean, Re:Take is overrated to begin with if you ask me... and there isnt really anything meaningful to add to it... so a forced sequel will be about as good as you'd expect a forced sequel to a followup-fanfic for something that didn't really need a followup.
EDIT: Grammar is hard
Why don't you save the Princess next time instead of being such a baby? She would love it and maybe you could get a sweet kiss. ~ sadly not Mari in Q (Joseki)
...is it wrong of me to have had a mental image today involving Mari Makinami and Marie Vincennes?
Specifically, the two girls are acquaintances and Vincennes has been on transfer student assignment in Japan and is about to return home, so Mari figures, why not make this last day into one hell of a memory via a fivesome with the stooges? Toji and Kensuke agree immediately, Shinji needs some convincing from Toji that this might very well his only chance to bone a hot foreigner, let alone a decently busty blonde who dirty-talks in English during sex due to barely knowing any Japanese, but finally agrees as well.
Except Shinji gets so into it that... well...
SPOILER: Show
He accidentally rips the condom and doesn't notice it until afterwards, followed by fervent praying that nothing will come of it. And the universe indeed decides to humor him for once, since Vincennes is already back home by the time she misses her period.
amitakartok wrote:...is it wrong of me to have had a mental image today involving Mari Makinami and Marie Vincennes?
Specifically, the two girls are acquaintances and Vincennes has been on transfer student assignment in Japan and is about to return home, so Mari figures, why not make this last day into one hell of a memory via a fivesome with the stooges? Toji and Kensuke agree immediately, Shinji needs some convincing from Toji that this might very well his only chance to bone a hot foreigner, let alone a decently busty blonde who dirty-talks in English during sex due to barely knowing any Japanese, but finally agrees as well.
Except Shinji gets so into it that... well...
SPOILER: Show
He accidentally rips the condom and doesn't notice it until afterwards, followed by fervent praying that nothing will come of it. And the universe indeed decides to humor him for once, since Vincennes is already back home by the time she misses her period.
in an Alternate Universe, in a Far West style, time and environenment, Asuka & Hikari go on a mountain trip but an unexpected and aggressive snow storm cause the two to get lost and nearly die freezed.
When they wake up naked and in the same matrimonial bed, they'll find themselves in a bedroom with a fireplace and with a strange albino young girl with turquoise hair (Rei) sitting in a chair near the bed ready to assist them.
During the explanation, Asuka and Hikari find out that they were rescued from Rei and his elder brother.Immediately the two rescued get angry and embarassed cause they think that even the unown man has seen them naked, but Rei reassured the red and the brown rescued that only her have seen the two w/o the underwear.
After the refreshment and redressed, the two excursionist goes in the living room to meet the Rei's elder brother (Shinji) that has soon returned from the wood depot to take some logs and that confirm the sister's words and advise them that, due to the snow storm, they're isolated in that part of mountain until spring.
Day by day, the coerced cohabitation continue w/o particular problems despite the inusual fact that the two brothers sleep together in the same bed where the two friends wake up, fact that the two justify with the will to don't waste the wood for heat other unused bedrooms.
Time passing and the sexual tensione between Shinji and the two rescued rise (Hikari mainly resulting in sex first in bathroom and then in the two female friends bedroom), the more Rei seems to became jealous of Shinji resulting in a very furios scene of the albino's girl (to which Asuka and Hikari accidentally witness unnoticed from a safe distance) that end with a cooldown hug between the two brothers while Rei's sobbing desperately.
When, after dinner, the freckles girl reveal that to Shinji and ask him if it's all ok due to the Rei's wrath, the young man suddenly stiffen, but, after that, he relax and told Hikari that his sister is very fond to him (and viceversa) because they're orphan since the early age due to the loss of their parents that have carried them to be raised by their old uncle (Fuyutsky) that died some years ago.
Some days after, Asuka and Hikari got waked up before the sunrise by Rei that invite them to a trip all together to a beautiful place.Even if not entusiastic, the two accept the travel that reveal itself to be very long and hard to complete.The journey temporarely ends in a hot spring lake where they relax together but separeted man from women.
After a return that was less hard than the climb but anyway physically intense, the group return home where a starved Asuka and Hikari consume a lot of food and then, exaust by the fatigue, going immediately to bed.
In the middle of the night, Hikari wake up with a great thirst and decide to go drink some water.While returning from the kitchen, she go past the door of the bedroom of the two brother, but immediately stop earing a strange noise.After some other suspicious ones, the class rep decide to investigate, so, slightly opened the door, she peek in and was shocked at the scene: Rei and Shinji, both naked, having sex together!
She was rescued from the shock by Asuka that loudly is asking her what she's doing, but not reiciving answer, the red one decide to look directly into the chamber.After seeing the scene, after some moment of disbelief and shock, the german young woman burst into the room vomiting insult to the two incestuos brothers.
After some time of embarass, fury and surprise, here comes the explanation: Shinji and Rei aren't really blood-related, they're the only survived of a big accident that interely destroy a scientifical expedition where their parents where part and that ends with the only "uncle" Fuyutsky to be an adult survivor.
They grew ignoring that fact until their uncle tell them the truth before expiring leaving them free to finally love each-other.
A foursome ends the story with Shinji/Hikari and Rei/Asuka sexing each-other first and after all giving themselves to Shinji.
After the end spring come, and the rescued ones boyfriend (Toji and Kaworu) were able to reach the refuge, but immediately the two albinos fall in love each other ending the pairing in a classical Shinji/Asuka, Kaworu/Rei and Toji/Ikari.
An Omake scene can be that, after some times, all the girls found themselves pregnant of Shinji unbeknownst to Toji & Kaworu.
Years ago I've read a well-written lemon fanfiction where Misato Shinji (and after Ritsuko) make it after the Jet Alone accident.
Unfortunately I can't remember where I've rode it (AFF, MediaMiner, Lemonstatica or other): so can someone rember or link me this fic?
TY all.
I know which one you're talking about, the one where Shinji enters the locker room that Misato is in and she is taking off the radiation suit. I believe it is still on mediaminer. It also might be on the ELC Archive. |
Is Forced to Agree with Obama, NASCAR, AAA, And Common Sense That It Does Save Gas...
Jon Ponder Byon 8/7/2008, 3:40pm PT
Guest blogged by Jon Ponder, Pensito Review.
“There are things you can do individually to save energy,” Barack Obama said last week “… Making sure your tires are properly inflated — simple thing. But we could save all the oil that they’re talking about getting off drilling — if everybody was just inflating their tires. And getting regular tune-ups. You’d actually save just as much.”
Despite the fact that even NASCAR extols the gas-saving virtues of proper tire inflation on its website, the McCain campaign spent the early part of this week mocking Obama’s assertion that keeping tires inflated conserves gasoline by selling tire gauges, for a $25 donation, labeled “Obama Energy Plan.”
On Wednesday night, however, during a conference call with supporters, McCain did a complete 180 on tire inflation:
"And could I mention that Sen. Obama a couple of days ago said that we ought to all inflate our tires, and I don’t disagree with that. The American Automobile Association strongly recommends it, but I also don't think that that's a way to become energy independent."
Maybe not, but experts agree that properly inflating tires could make a big difference:
According to the U.S. Department of Energy, "every pound per square inch of tire underinflation wastes 4 million gallons of gas daily in the U.S." Survey information from the National Highway Traffic Safety Administration shows that 27 percent of the cars on the road have a significantly under-inflated tire... "[The] production offset is ... likely to approach 800,000 barrels per day -– a tidy sum and a worthwhile target for savings, but not equal to [Outer Continental Shelf] output," [wrote Frank Verrastro, Director and Senior Fellow at the Center for Strategic and International Studies (CSIS).]
Keeping tires inflated would have a much longer term benefit than offshore drilling however, because it is a sustainable practice, whereas --- despite Republican talking points to the contrary --- U.S. underseas oil reserves would meet global demand for only seven months:
The Department of Energy estimates that there are eighteen billion barrels of technically recoverable oil in offshore areas of the continental United States that are now closed to drilling. This sounds like a lot, until you consider that oil is a globally traded commodity and that, at current rates of consumption, eighteen billion barrels would satisfy less than seven months of global demand. A D.O.E. report issued last year predicted that it would take two decades for drilling in restricted areas to have a noticeable effect on domestic production, and that, even then, “because oil prices are determined on the international market,” the impact on fuel costs would be “insignificant.”
Predictably, the media are letting McCain's latest gaffe pass, but at least Obama took an opportunity to poke a little fun at his rival. Noting McCain's change of position, Obama said, "It will be interesting to watch this debate between John McCain and John McCain."
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China encourages industry restructuring in western regions
BEIJING - China has issued a set of tailor-made lists of industries eligible for preferential policies in less-developed western areas.
With each list made specifically for the corresponding provinces and municipality, the policies hope to help bolster local industries.
Starting Oct 1, enterprises engaged in the listed industries will enjoy tax breaks and support on lending and land, said a statement issued by the National Development and Reform Commission on Wednesday.
The list was issued on the belief that agriculture in the west is still weak and the ratio of heavy industry against local economy is relatively high. The result is many economies rely too much on resources, which puts pressure on the environment, the statement said.
They also hope to help advance the west's underdeveloped service sector.
The list aims to better tap the comparative strengths of the west, boost industrial restructuring there and provide more policy support to the areas, it said.
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Branko Milanović grew up in Yugoslavia, during the nineteen-sixties and seventies. He became an economist at the World Bank and then a professor at CUNY; on his blog, Globalinequality, he discusses economics and reminisces about the past. Recently, he published a post about his youth. He had been reading histories of the postwar decades, by Svetlana Alexievich, Tony Judt, and others. Faced with these grim accounts, Milanović felt protective of his past. “However hard I tried,” he wrote, “I just could not see anything in my memories that had to deal with collectivization, killings, political trials, endless bread lines, imprisoned free thinkers,” and so on. Instead, he had mainly good memories—of “long dinners discussing politics,” the “excitement of new books,” “languid sunsets, whole-night concerts, epic soccer games, girls in miniskirts.” He worried that, with the passage of time, it was becoming harder to imagine life under Communism as anything other than a desperate struggle with deprivation and repression. He titled his post “How I Lost My Past.” View more Was the past good or bad? Are we on the right track or the wrong one? Is life getting better or worse? These questions are easy to ask—pollsters and politicians love asking them—but surprisingly hard to answer. Most historical and statistical evidence shows that life used to be shorter, sicker, poorer, more dangerous, and less free. Yet many people, like Milanović, have fond memories of bygone years, and wonder if reports of their awfulness have been exaggerated. Others concede that life used to be worse in some ways, but wonder if it wasn’t also better in others—simpler, more predictable, more spiritual. It’s common to appreciate modernity while fearing its destructive potential. (Life expectancy may be higher today, but it will be shorter after the nuclear-climate-bioterror apocalypse.) If being alive now doesn’t feel particularly great, perhaps living in the past might not have felt particularly bad. Maybe human existence in most times and places is a mixed bag. Last year, the Pew Research Center asked people around the world whether life had been better or worse in their countries fifty years ago. A slim plurality of Americans said they thought life had been better. In 1967, the United States was embroiled in the Vietnam War. Protest marches were taking place around the country, crime was surging, and race riots were breaking out in Detroit, Newark, Milwaukee, and other cities. That spring, a wave of tornadoes injured thousands across the Midwest; members of the Black Panther Party, carrying shotguns and rifles, marched into the California statehouse to protest a racially motivated gun-control law. In June, the Six-Day War broke out. Americans lived in smaller houses, ate worse food, worked more hours, and died, on average, seven years earlier. On the other hand, NASA launched several moon probes and Jimi Hendrix’s “Are You Experienced” helped launch the Summer of Love. By an obscure retrospective calculus, the good appears to balance out the bad. Frightening events seem less so in retrospect. Memory is selective, history is partial, and youth is a golden age. For all these reasons, our intuitive comparisons between the past and the present are unreliable. Many Americans living in 1967 might well have thought that life had been better in 1917. Nor is this just an American inclination. In “Enlightenment Now: The Case for Reason, Science, Humanism, and Progress,” the cognitive scientist Steven Pinker looks at recent studies and finds that majorities in fourteen countries—Australia, Denmark, Finland, France, Germany, Great Britain, Hong Kong, Malaysia, Norway, Singapore, Sweden, Thailand, the U.A.E., and the United States—believe that the world is getting worse rather than better. (China is the only large country in which a majority expresses optimism.) “This bleak assessment of the state of the world is wrong,” Pinker writes—and not just a little wrong but “wrong wrong, flat-earth wrong.” Because our ideas about human progress are so vague, it’s tempting to think they don’t matter. But “Is life getting better or worse?” may be a dorm-room debate with consequences. It has affected our politics, Pinker says, encouraging voters to elect unproved leaders “with a dark vision of the current moment.” He quotes from Donald Trump’s Inaugural Address, in which the President bemoaned “mothers and children trapped in poverty . . . an education system which leaves our young and beautiful students deprived of all knowledge . . . and the crime, and the gangs, and the drugs.” In fact, poverty, crime, and drug abuse are declining in America, and our educational system, though flawed, is one of the best in the world. Pessimism can be a self-fulfilling prophecy. By believing that the world is getting worse, Pinker argues, we can make it so. It’s also possible to take this reasoning to an extreme—to become radically pessimistic about the consequences of pessimism. In “Suicide of the West,” the conservative intellectual Jonah Goldberg argues that progressive activists—deluded by wokeness into the false belief that Western civilization has made the world worse—are systematically dismantling the institutions fundamental to an enlightened society, such as individualism, capitalism, and free speech. (“Sometimes ingratitude is enough to destroy a civilization,” Goldberg writes.) On the left, a parallel attitude holds sway. Progressives fear the stereotypical paranoid conservative—a nativist, arsenal-assembling prepper whose world view has been formed by Fox News, the N.R.A., and “The Walking Dead.” Militant progressives and pre-apocalyptic conservatives have an outsized presence in our imaginations; they are the bogeymen in narratives about our mounting nihilism. We’ve come to fear each other’s fear.
With “Enlightenment Now,” Pinker hopes to return us to reality. In the course of five hundred pages, he presents statistics and charts showing that, despite our dark imaginings, life has been getting better in pretty much every way. Around the globe, improved health care has dramatically reduced infant and maternal mortality, and children are now better fed, better educated, and less abused. Workers make more money, are injured less frequently, and retire earlier. In the United States, fewer people are poor, while elsewhere in the world, and especially in Asia, billions fewer live in extreme poverty, defined as an income of less than a dollar and ninety cents per day. Statistics show that the world is growing less polluted and has more parks and protected wilderness. “Carbon intensity”—the amount of carbon released per dollar of G.D.P.—has also been falling almost everywhere, a sign that we may be capable of addressing our two biggest challenges, poverty and climate change, simultaneously. Pinker cites statistics showing that, globally, there are now fewer victims of murder, war, rape, and genocide. (In his previous book, “The Better Angels of Our Nature,” he attributed this development to a range of causes, such as democratization, pacifism, and better policing.) Life expectancy has been rising, and—thanks to regulations and design improvements—accidental deaths (car crashes, lightning strikes) are also in steep decline. Despite what we’re often told, students today report being less lonely than in the past, and, although Americans feel overscheduled, studies show that men and women alike have substantially more leisure time than their parents did (ten and six hours more per week, respectively). “Enlightenment Now” seems designed to reassure both Republicans, who worry about increasing drug use and terrorism, and Democrats, who see racism and sexism as the crises of our time. Despite fears of resurgent racism, the number of hate crimes in America has been falling for decades, while analyses of Internet searches, which reveal searchers’ hidden interests, indicate that racist, sexist, and homophobic attitudes are also in retreat. What Pinker calls “emancipative values”—tolerance, feminism, and so on—are becoming more common even in old-fashioned societies. (Young people in the Middle East now hold social views comparable to the ones held by young Western Europeans in the nineteen-sixties.) Although there’s been a recent surge in drug overdoses in the U.S., most of those who die belong to “the druggy Baby Boomer cohort . . . born between 1953 and 1963.” Drug and alcohol use among teen-agers—with the exception of cannabis and vaping—is at its lowest level since 1976. Pinker’s message is simple: progress is real, meaningful, and widespread. The mystery is why we have so much trouble acknowledging it. Pinker mentions various sources of pessimism—the “progressophobia” of liberal-arts professors, for instance—but directs most of his opprobrium toward the news media, which focus almost entirely on of-the-moment crises and systematically underreport positive, long-term trends. (Citing the German economist Max Roser, Pinker argues that a truly evenhanded newspaper “could have run the headline NUMBER OF PEOPLE IN EXTREME POVERTY FELL BY 137,000 SINCE YESTERDAY every day for the last twenty-five years.”) He consults the work of Kalev Leetaru, a data scientist who uses “sentiment mining,” a word-analysis technique, to track the mood of the news; Leetaru finds that, globally, journalism has grown substantially more negative. The power of bad news is magnified, Pinker writes, by a mental habit that psychologists call the “availability heuristic”: because people tend to estimate the probability of an event by means of “the ease with which instances come to mind,” they get the impression that mass shootings are more common than medical breakthroughs. We’re also guilty of “the sin of ingratitude.” We like to complain, and we don’t know much about the heroic problem-solvers of the past. “How much thought have you given lately to Karl Landsteiner?” Pinker asks. “Karl who? He only saved a billion lives by his discovery of blood groups.”
Even as “Enlightenment Now” celebrates our ingenuity, it suggests that there’s something bratty about humankind: we just don’t want to admit how good we have it. In “It’s Better Than It Looks: Reasons for Optimism in an Age of Fear,” the journalist Gregg Easterbrook offers a wider-ranging account of our pessimism. In his view, it’s the result of various demographic, cultural, and political trends. The country is aging, and older people tend to be nostalgic and grumpy. Reaganism made “ritualized denunciation” of the government routine, encouraging cynicism among conservatives; among liberals, a focus on marginalized groups has led to the competitive articulation of suffering, creating a culture of “majority victimhood,” in which every group trumpets its grievances. “Claims for liability and compensation have increased,” Easterbrook notes, reflecting the rise of a punitive society obsessed with the assignment of blame; fewer people attend worship services, where they might hear messages of hope or have uplifting interactions with neighbors. Thanks to cable news, talk radio, and social media, “society has opinionized,” and it’s now “expected that all will possess strong views”; this has fed the rise of “catastrophism,” or the continual overstatement of what’s wrong. (“Everything is terrible” is a stronger view than “Things are pretty decent.”) Finally, technology has changed. Easterbrook cites psychological research suggesting that the physical proximity of our smartphones gives them uncanny power to influence our moods. It’s one thing to see an alarming headline on a TV across the room, and another to feel it vibrating in your pocket. Perhaps we’ve come to see history itself as one bad news cycle after another. The word “history” used to evoke “traditions to be respected, legacies to be transmitted, knowledge to be elaborated, or deaths to be commemorated,” the French historiographer Henry Rousso points out, in “The Latest Catastrophe: History, the Present, the Contemporary.” After the traumas of the twentieth century, however, we began to define our historical era by “the most lethal moments of the near past”—the conflicts, wars, and atrocities that “have had the most difficulty ‘passing away.’ ” We “delimit the contemporary era” by referring to “the ends of wars or sometimes the beginnings of wars: the end of World War I, the end of World War II, the end of the Cold War.” (In America, we talk about the Vietnam era and the generation born after 9/11.) “Since 1945, all contemporary history begins with ‘the latest catastrophe,’ ” Rousso concludes. We see the past in terms of crises, and imagine the future that way, too. Pessimism may even answer to our spiritual needs. The philosopher Charles Taylor, in his book “A Secular Age,” from 2007, argued that modern life is characterized by a sense of individual spiritual obligation. In pre-Reformation Europe, ordinary people were held to lower spiritual standards than monks, priests, and nuns, and a member of the laity might live an imperfect, worldly life and still be saved, as long as he supported, through prayer or alms, the work of the “virtuosi.” Such a system, Taylor writes, “involved accepting that masses of people were not going to live up to the demands of perfection.” Eventually, Protestantism intervened, making individuals responsible for their own salvation. In the new way of life that emerged, religion was democratized, and each person was charged with spiritual self-stewardship. Part of this shift involved a political credo. In Taylor’s précis: “We are all responsible for each other, and for society as a whole.” Today, we tend to conceive the credo of social responsibility as an ethical idea, justifiable on secular grounds. Still, it remains tied to an inner, devotional imperative. We know that we accomplish little by reading the news, and sense that our infinite, tragic news feeds distort, rather than enhance, our picture of reality. Still, it feels wrong to outsource the work of salvation to Bill and Melinda Gates, and presumptuous to trust too much in the power of good works. Pessimism can be a form of penance, and of spiritual humility in a humanist age.
Pinker urges us to overcome these cultural, psychological, political, and spiritual biases, and to take a more objective view of the world. But human beings are not objective creatures. When social scientists write about life expectancy, educational attainment, nutrition, crime, and the other issues Pinker addresses, they often use the abbreviation Q.O.L., for “quality of life.” They use S.W.B. to refer to “subjective well-being”—the more elusive phenomenon of happiness, fulfillment, or life satisfaction. In “Citizen Kane,” Orson Welles’s media tycoon enjoys high Q.O.L. and low S.W.B. He is healthy, wealthy, and unhappy. The question is whether what befalls individuals might also befall societies. If so, life could be getting much better objectively, on the social scale, without getting all that much better subjectively, on the individual scale. The most obvious way to tackle this question is to survey people from different societies. The annual World Happiness Report combines data from Gallup opinion surveys with economic and sociological studies; it finds that, in general, citizens of high-Q.O.L. countries (Finland, Norway, Canada, Germany) report higher levels of S.W.B. than citizens of low-Q.O.L. countries (Venezuela, Chad, Laos, Iraq). Look closely, though, and the story is more nuanced. Although economics shapes S.W.B., so do social and political factors: despite immense economic growth, Chinese citizens are no happier today than they were in 1990 (fraying social ties, created by rural-to-urban migration, may be to blame), while in many Latin-American countries people report higher S.W.B. than their otherwise low Q.O.L. predicts. (Latin-American respondents often cite their strong family bonds as a special source of happiness.) In the United States, the two measures have diverged. Although per-capita income has more than doubled since 1972, Americans’ S.W.B. has stagnated or even declined. In a contribution to the 2018 World Happiness Report, the economist Jeffrey Sachs attributes this divergence to a public-health crisis centered on obesity, drug abuse, and depression, and to a growing disillusionment with business and government. From all this data, the picture is one of large-scale predictability and small-scale volatility. Thanks to broad improvements in quality of life, today’s children are likelier to be happier than their grandparents were. But within any shorter span of time—a decade, a generation, an electoral cycle—there’s no guarantee that S.W.B. won’t decline even as Q.O.L. continues to rise. These metrics may reflect something fundamental about how we experience life. Many psychologists now subscribe to the “set point” theory of happiness, according to which mood is, to some extent, homeostatic: at first, our new cars, houses, or jobs make us happy, but eventually we adapt to them, returning to our “set points” and ending up roughly as happy or unhappy as we were before. Researchers say that we run on “hedonic treadmills”—we chase new sources of happiness as the old ones expire—and that our set points are largely immovable and determined by disposition. Some fundamental changes can affect our happiness in a lasting way—getting married, immigrating to a wealthy country, developing a drug addiction—but many life improvements are impermanent in character. Although food quality may have been worse in 1967, the pleasure of today’s better meals is intrinsically fleeting. More people survive heart attacks than in the past, but the relief of surviving wears off as one returns to the daily grind. The set-point theory is dispiriting, since it implies limits to how happy progress can make us, but it also suggests that progress is more widespread than we feel it to be. This last conclusion, though, makes sense only if we define “progress” in a certain way. “Imagine Seema, an illiterate woman in a poor country who is village-bound, has lost half her children to disease, and will die at fifty, as do most of the people she knows,” Pinker writes: Now imagine Sally, an educated person in a rich country who has visited several cities and national parks, has seen her children grow up, and will live to eighty, but is stuck in the lower middle class. It’s conceivable that Sally, demoralized by the conspicuous wealth she will never attain, is not particularly happy, and she might even be unhappier than Seema, who is grateful for small mercies. Yet it would be mad to suppose that Sally is not better off. Pinker is right: Sally is better off. To say so, however, is to acknowledge that we can be better off without feeling that way—working two jobs to pay tuition and save for retirement, Sally still suffers—or worse off without knowing it. Progress is objective and impersonal, at least in part, and can unfold without making us happier. “The goal of progress,” Pinker concludes, “cannot be to increase happiness indefinitely, in the hope that more and more people will become more and more euphoric.” Quality of life is higher today, no matter what you think, and it was lower under Communism, no matter how you feel about those whole-night concerts and epic soccer games. A blissful existence in the Matrix wouldn’t count as progress. There’s more to life than subjective well-being. In a book titled “The Optimism Gap: The I’m OK–They’re Not Syndrome and the Myth of American Decline,” from 1998, the public-policy reporter David Whitman cited statistics showing that, in nearly every domain of life—crime, pollution, health, income, happiness—Americans were optimistic about themselves but pessimistic about society as a whole. While believing that crime was rising in general, they congratulated themselves for living in neighborhoods that were mostly crime-free; convinced that the economy was getting worse, they remained confident about their own earning potential. Pinker, too, finds that people are afraid for civilization but hopeful about themselves. Certain that those around them are living lives of quiet desperation, they continue to predict increases in their own life satisfaction. But it seems that this optimism gap isn’t just inaccurate; it’s pretty much backward. The world, as an objective whole, has been getting better. It’s our individual experiences of life that are unlikely to improve. We should be optimistic about civilization but neutral about our own future happiness.
A final reason for doubting progress is the future, in all its terrifying potentiality. One of Pinker’s most persistent critics is the statistician and risk analyst Nassim Nicholas Taleb, the author of “The Black Swan,” “Fooled by Randomness,” and other explorations of uncertainty. For the past few years, in a relentless barrage of tweets and Facebook posts, Taleb has responded to Pinker’s optimism by distinguishing between “thin-tailed” historical trends—picture the trailing ends of a bell curve—which are likely to continue indefinitely, and “fat-tailed” ones, which retain their capacity to surprise. Pinker shows that, during the past century, per-capita deaths from fire have declined by ninety per cent in the United States. In Taleb’s view, this is a thin-tailed trend, since it’s the result of innovations, such as better materials and building codes, that are unlikely to reverse themselves. By contrast, the decline in deaths from terrorism—far more people were killed by terrorists in the nineteen-sixties and seventies—is a fat-tailed trend; as Taleb writes on Facebook, “one biological event can decimate the population.” Pessimists of the Taleb school argue that we underestimate the number of fat-tailed trends. In a review of “Enlightenment Now,” the theoretical computer scientist Scott Aaronson imagines a hypothetical book, published in 1923, about “the astonishing improvements in the condition of Europe’s Jews.” The authors of such a book, Aaronson writes, would have reassured themselves that “an insane number of things would need to go wrong simultaneously” for that progress to be reversed—which, needless to say, is what happened. Maybe our views about progress depend on our time horizons. Charles C. Mann’s “The Wizard and the Prophet: Two Remarkable Scientists and Their Dueling Visions to Shape Tomorrow’s World” tells the stories of two researchers, William Vogt and Norman Borlaug, who occupied opposing sides of the twentieth-century debate about the human population. In Mann’s terms, Vogt was a “prophet”: he predicted that, unless global population growth could be slowed, worldwide famine would result. Borlaug was a “wizard,” who argued that innovations in agriculture would make it possible for farmers to feed everyone. In the event, Borlaug was right: the “Green Revolution,” which he spearheaded, dramatically increased crop yields and saved billions of lives. But the deeper debate between the two sides—“Cut back or produce more?”—persists, this time around climate change. Today, pessimistic prophets argue that radical conservation is the only way to avoid a climatic apocalypse, while optimistic wizards propose innovating our way out of the crisis, perhaps through geoengineering or the creation of new energy sources. Our species seems to face a fork in the road: “If a government persuades its citizenry to spend huge sums revamping offices, stores, and homes with the high-tech insulation and low-water-use plumbing urged by Prophets,” Mann writes, “the same citizenry will resist ponying up for Wizards’ new-design nuclear plants and monster desalination facilities.” Mann thinks the wizard–prophet distinction reflects a fundamental biological reality. If bacteria are left to grow in a petri dish, they’ll multiply quickly, then consume all their resources and die. The same goes for all species adaptive enough to flourish unconstrained. At first, “the world is their petri dish,” Mann writes. “Their populations grow at a terrific rate; they take over large areas, engulfing their environment. . . . Then they hit a barrier. They drown in their own wastes. They starve from lack of food.” A biologist tells Mann that “it is the fate of every successful species to wipe itself out.” Both wizards and prophets hope that we can break this pattern. Wizards exhort us to “soar beyond natural constraints” using technology. (Think of Elon Musk, with his solar roof tiles and spaceships.) Prophets implore us to reach, through conservation and political reform, a “steady-state accommodation” with nature. (“What the climate needs to avoid collapse is a contraction in humanity’s use of resources,” the activist Naomi Klein writes.) Both sides agree that progress of a general sort isn’t enough: unless we adopt a decisive and coherent survival strategy, we’ll become victims of our own success. “The Wizard and the Prophet” provides an unsettling coda to “Enlightenment Now.” Pinker could be right in the short term but wrong in the long term. Maybe the world is getting better, but not better enough, or in the right ways. |
14 av medlemslandene stemte for den israel-kritiske resolusjonen, mens USA avsto fra å stemme.
President Barack Obama ga på forhånd ingen signaler om hvordan USA ville forholde seg til resolusjonen, og det var derfor knyttet stor spenning til fredagens avstemning i Sikkerhetsrådet.
Trump om FN: Ting blir annerledes når jeg blir president
Avstemningen skulle egentlig vært holdt torsdag, men ble utsatt etter at Egypt trakk seg i siste liten etter trykk fra USAs påtroppende president Donald Trump. Israel hadde bedt Trump om å gripe inn på grunn av frykt for at USA ville la være å legge ned veto mot resolusjonen, ifølge en israelsk tjenestemann.
Donald Trump er ikke fornøyd med at FNs sikkerhetsråd vedtok resolusjonen som krever full byggestans av israelske bosetninger på Vestbredden.
– Når det gjelder FN, så blir ting annerledes etter 20. januar, skriver han kort på Twitter fredag kveld.
Den 20. januar er datoen da Donald Trump sverges inn som USAs 45. president.
Laster Twitter-innhold Kunne ikke laste innhold, men du kan gå til twittermeldingen.
Signal til Israel fra USA
– Man kan ikke både fremme utvidelse av bosetningene, og fremme en tostatsløsning. Man må ta et valg, sa USAs FN-ambassadør Samantha Power da hun begrunnet USAs stemmegivning.
Uttalelsen hadde klar adresse til statsminister Benjamin Netanyahu og hans høyreregjering, som offisielt hevder å støtte en tostatsløsning, men som samtidig undergraver muligheten for en levedyktig palestinsk stat ved å kolonisere stadig mer av de palestinske områdene.
Avsto for første gang siden 2009
New Zealand, Malaysia, Senegal og Venezuela grep fredag inn og ble enige om å selv fremme forslaget slik at det kunne legges frem til avstemning i Sikkerhetsrådet.
USA har tidligere benyttet vetoretten i FNs sikkerhetsråd 30 ganger for å stanse resolusjoner som vedgår forholdet mellom Israel og palestinerne, viser en oversikt fra Security Council Report.
Sist USA avsto fra å stemme da en Israel-kritisk resolusjon var oppe, var i 2009 da Sikkerhetsrådet vedtok en resolusjon som tok til orde for våpenhvile på Gazastripen.
Ulovlige
FN har tidligere slått fast at de israelske bosettingene i okkuperte, palestinske områder strider mot den fjerde Genèvekonvensjonen.
I artikkel 49 i denne heter det at «Okkupantmakten skal ikke deportere eller forflytte deler av sin egen sivilbefolkning til territoriene som okkuperes».
Over 700.000 israelske bosettere bor i nærmere 240 bosettinger og såkalte utposter på den israelskokkuperte Vestbredden, inkludert Øst-Jerusalem. |
In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-13-00279-CR
________________________
TRYONE BURLESON, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2013-439,137; Honorable Jim Bob Darnell, Presiding
April 15, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Appellant, Tryone Burleson,1 was convicted by a jury of two counts of aggravated
assault with a deadly weapon, double-enhanced, and sentenced to confinement for a
term of ninety-nine years.2 By two issues he asserts the trial court erred by: (1) allowing
1
We note that Appellant signs his name “Tyrone.” The judgments reflect, however, “Tryone.”
2
TEX. PENAL CODE ANN. § 22.02(a)(2) (West 2011). As indicted, each offense was a second
degree felony. Id. at § 22.02(b). Because each offense was enhanced by two prior felony convictions—
assault on a public servant and unlawful possession of a firearm by a felon—the applicable range of
punishment for each offense was by confinement for life, or for any term of not more than 99 years or less
than 25 years. Id. at § 12.42(d).
the presentation of inadmissible evidence and (2) excluding the presentation of
admissible evidence. We affirm.
BACKGROUND
In July 2013, Appellant was charged by indictment with two counts of aggravated
assault with a deadly weapon and one count of unlawful possession of a firearm by a
felon. Count one of the indictment alleged that Appellant intentionally, knowingly, or
recklessly caused bodily injury to Joseph Kemp by shooting him with a deadly weapon,
to-wit: a firearm, during the commission of an assault. Count two of the indictment
alleged Appellant intentionally or knowingly threatened Joseph’s son, Chase Kemp, with
imminent bodily injury while using a deadly weapon, to-wit: a firearm, during the
commission of an assault. A third count charged Appellant with the offense of unlawful
possession of a firearm by a convicted felon.
During a four day jury trial, Joseph and Chase identified Appellant as the person
who shot Joseph three times in the parking lot of the Game Room, a business
establishment in Lubbock County. As a result of the incident, Joseph was shot in the
neck, arm, and chest. The identifications by Joseph and Chase were corroborated by a
statement Joseph made immediately after the shooting to Leonard Nathan, the owner of
the Game Room, and by statements from both witnesses at the hospital where they
were taken after the shooting. A third witness testified that, shortly after the shooting,
she saw Appellant run across the street, jump into his car, and take off. The jury
convicted Appellant of two counts of aggravated assault. After Appellant pled “true” to
both enhancements, the jury assessed his punishment at confinement for a term of
ninety-nine years. The State dismissed the felon in possession of a firearm charge and
2
the trial court subsequently issued its Judgment(s) of Conviction by Jury sentencing him
to ninety-nine years confinement on each count. The judgments provided that the
sentences would be served concurrently. This appeal followed.
ISSUE ONE—ADMISSION OF INADMISSIBLE EVIDENCE
By his first issue, Appellant asserts the trial court erred by overruling his objection
to the testimony of Bill Roberts, a local pawn shop owner, concerning a statement made
to him by Alexandra Wilburn, Appellant’s fiancée. Appellant contends the statement
was inadmissible hearsay and irrelevant. According to Roberts’s testimony, Wilburn
told him, “[Appellant] shot that man.” Roberts was called as a State’s witness after
Wilburn denied making the statement during her testimony at trial. The State contends
Roberts’s statement was admissible for purposes of impeachment.
We review a trial court’s evidentiary ruling for abuse of discretion. Hammons v.
State, 239 S.W.3d 798, 806 (Tex. Crim. App. 2007). Under that standard, an appellate
court will reverse the trial court’s decision only if it acted arbitrarily, unreasonably, or
without reference to any guiding rules or principles. Montgomery v. State, 810 S.W.2d
372, 380 (Tex. Crim. App. 1991). As long as the trial court’s ruling is within the zone of
reasonable disagreement, we will not intercede. Lopez v. State, 86 S.W.3d 228, 230
(Tex. Crim. App. 2002); Montgomery, 810 S.W.2d at 391 (op. on reh’g).
A party may impeach a witness with evidence of a prior inconsistent statement if
the party first presents the witness with the existence of the statement, describes the
details and circumstances surrounding the statement, and then gives the witness an
opportunity to explain or deny the statement. TEX. R. EVID. 613(a). If the admission is
3
partial, qualified, or otherwise equivocal, or if the witness disclaims any memory of
making the statement, then the prior statement is admissible for impeachment
purposes. Ruth v. State, 167 S.W.3d 560, 566 (Tex. App.—Houston [14th Dist.] 2005,
pet. ref’d) (citing McGary v. State, 750 S.W.2d 782, 786 & n.3 (Tex. Crim. App. 1988)).
Furthermore, statements offered for the purpose of showing what was said and not for
the truth of the matter asserted do not constitute hearsay. Lozano v. State, 359 S.W.3d
790, 820 (Tex. App.—Fort Worth 2012, pet. ref’d). See Flores v. State, 48 S.W.3d 397,
404 (Tex. App.—Waco 2001, pet. ref’d) (prior statement that is offered to impeach a
witness’s credibility is not hearsay).
On direct examination, Wilburn was told the contents of her prior inconsistent
statement, the time and place it was made, and to whom it was made. The State
provided her with an opportunity to admit, explain, or deny the prior statement.
Wilburn’s response was that “[she] [d]id not tell Roberts that [Appellant] shot the guy.”
Accordingly, Wilburn’s denial established a sufficient basis to admit the testimony as a
prior inconsistent statement. See Ruth, 167 S.W.3d at 566.
In addressing the prejudicial impact of the statement, Appellant also asserted the
trial court erred by not issuing a limiting instruction after Roberts testified as to Wilburn’s
statement. Texas Rule of Evidence 105 provides that “[w]hen evidence which is
admissible as to one party or for one purpose but not admissible as to another party or
for another purpose is admitted, the court, upon request, shall restrict the evidence to its
proper scope and instruct the jury accordingly; but, in the absence of such request the
court’s action in admitting such evidence without limitation shall not be a ground for
complaint on appeal.” TEX. R. EVID. 105(a) (emphasis added). A party opposing the
4
admission or restricted use of evidence has the burden of objecting and requesting a
limiting instruction when the evidence is introduced. See Garcia v. State, 887 S.W.2d
862, 878 (Tex. Crim. App. 1994), cert. denied, 514 U.S. 1021, 115 S. Ct. 1368, 131
L. Ed.2d 223 (1995), overruled in part on other grounds, Hammock v. State, 46 S.W.3d
889, 893 (Tex. Crim. App. 2001). If a limiting instruction is not requested when the
evidence is introduced then it is admitted for all purposes. Delgado v. State, 235
S.W.3d 244, 251 (Tex. Crim. App. 2007). Because Appellant did not request a limiting
instruction at trial, he cannot now complain that the trial court erred by not giving one
sua sponte.
We find the statement was admissible for purposes of impeachment, and
therefore, the trial court did not err in overruling Appellant’s hearsay objection to
Roberts’s testimony concerning Wilburn’s out-of-court statement. Appellant’s first issue
is overruled.
ISSUE TWO—EXCLUSION OF ADMISSIBLE EVIDENCE
By his second issue, Appellant contends the trial court erred by denying him a
meaningful opportunity to present evidence of a defensive theory. Specifically,
Appellant contends the trial court erred by refusing to allow him to call a witness to
testify regarding felony drug charges that had been filed against Leonard. It seems that
several months after Joseph was shot, Leonard was indicted for possession of a
controlled substance with intent to deliver. Before Appellant came to trial, Leonard
passed away and those charges were dismissed. Appellant sought to introduce
evidence of the charges in order to present the defensive theory that the shooting may
have occurred over drug dealings between Joseph and Leonard. Other evidence had
5
already been presented concerning Joseph’s drug use. Here, the uncontradicted
evidence at trial showed Joseph left the Game Room with Leonard through the rear
entrance of the establishment and entered its parking lot. Joseph then spoke with
Leonard for a short period of time before Leonard returned to the Game Room. While
still standing in the parking lot with Chase, Joseph was then shot after he asked
Appellant if he “had a problem.” After hearing the gunshots, Leonard returned to the
parking lot, where he discovered that Joseph had been injured. Leonard then drove
Joseph and Chase to the hospital.
A criminal defendant is guaranteed the constitutional right to have “a meaningful
opportunity to present a complete defense.” Miller v. State, 36 S.W.3d 503, 506 (Tex.
Crim. App. 2001) (quoting Gilmore v. Taylor, 508 U.S. 333, 343, 113 S. Ct. 2112, 124
L. Ed.2d 306 (1993)). While the exclusion of evidence relevant to a defensive theory
can amount to a violation of that right; not every erroneous exclusion of evidence
amounts to a constitutional violation. Potier v. State, 68 S.W.3d 657, 659 (Tex. Crim.
App. 2002). According to the Court of Criminal Appeals, there are two circumstances in
which the improper exclusion of evidence may establish a constitutional violation: (1)
when a state evidentiary rule categorically and arbitrarily prohibits the defendant from
offering relevant evidence that is vital to his defense or (2) when a trial court
erroneously excludes relevant evidence that is a vital portion of the case and the
exclusion effectively precludes the defendant from presenting a meaningful defense.
Ray v. State, 178 S.W.3d 833, 835 (Tex. Crim. App. 2005) (citing Potier, 68 S.W.3d at
659-62); Wiley v. State, 74 S.W.3d 399, 405 (Tex. Crim. App. 2002). If the error is
found to be of constitutional proportions, we “must reverse a judgment of conviction or
6
punishment unless [we] determine beyond a reasonable doubt that the error did not
contribute to the conviction or punishment.” TEX. R. APP. P. 44.2(a).
Here, Appellant does not claim that an evidentiary rule categorically and
arbitrarily prohibited him from offering evidence. Therefore, we must first determine
whether the trial court impermissibly excluded testimony regarding the indictment
against Leonard; and if so, whether the circumscribed evidence was so vital a part of
Appellant’s case that it effectively precluded him from presenting a defense. The initial
question then is whether the trial court’s decision to not allow testimony concerning
Leonard’s indictment amounted to an erroneous exclusion of admissible evidence. We
believe it did not.3
Evidence which is not relevant is inadmissible. TEX. R. EVID. 402. Relevant
evidence is evidence that has any tendency to make the existence of any fact that is of
consequence to the determination of the action more or less probable than it would be
without the evidence. TEX. R. EVID. 401; Montgomery, 810 S.W.2d. at 386. When
determining whether evidence is relevant, it is important to remember that courts
examine the purpose for which the evidence is being introduced and it is critical that
there be a direct or logical connection between the actual evidence and the proposition
sought to be proved. Layton v. State, 280 S.W.3d 235, 240 (Tex. Crim. App. 2009).
When making an admissibility determination, the trial court considers the probative
value of the evidence and weighs it against the risks of undue prejudice, undue delay or
waste of time, and confusing the jury. Ivie v. State, 407 S.W.3d 305, 319 (Tex. App.—
3
Because there was no evidentiary error, we need not address whether Appellant was harmed
by the exclusion of that evidence. See TEX. R. APP. P. 47.1; Ray v. State, 178 S.W.3d 833, 835 (Tex.
Crim. App. 2005) (citing Potier, 68 S.W.3d at 659-62); Wiley v. State, 74 S.W.3d 399, 405 (Tex. Crim.
App. 2002).
7
Eastland 2013, pet. ref’d) (citing Hodge v. State, 631 S.W.2d 754, 758 (Tex. Crim. App.
1982)).
Here, to prove his defensive theory, Appellant would have to establish that (1)
Leonard and Joseph were engaged in some sort of drug dealing and (2) Joseph was
shot by someone other than Appellant as a result of those dealings. Proving that the
shooting may have occurred over drug dealings between Joseph and Leonard would
not have been relevant to the ultimate question of who shot Joseph. The uncontradicted
testimony at trial was that Leonard owed Joseph money for construction work, that they
talked in the parking lot, that Leonard then went inside the Game Room, and that
Appellant then shot Joseph three times. The fact that Leonard was later indicted for
drug trafficking simply was not relevant to the jury’s determination whether Appellant
shot Joseph. See Ivie, 407 S.W.3d at 319-20.
Furthermore, the exclusion of evidence pertaining to Leonard’s indictment did not
prevent Appellant from offering evidence concerning Joseph’s drug problems or making
the argument that he was involved in a drug transaction at the time he was shot.
Evidence of Joseph’s drug use was properly before the jury. That Appellant was
“unable to present his defense to the extent and in the form he desired is not prejudicial
where, as here, he was not prevented from presenting the substance of his defense to
the jury.” Potier, 68 S.W.3d at 666 (quoting United States v. Willie, 941 F.2d 1384,
1398-99 (10th Cir. 1991), cert. denied, 502 U.S. 1106, 112 S. Ct. 1200, 117 L. Ed.2d
440 (1992)).
8
Accordingly, we conclude the trial court did not abuse its discretion by excluding
testimony related to Leonard’s indictment. Appellant’s second issue is overruled.
CONCLUSION
The trial court’s judgment is affirmed.
Patrick A. Pirtle
Justice
Do not publish.
9
|
Q:
Undefined method `name' for nil:NilClass for a property from a joined table
I have a quick question.
I have 2 tables: Books and Readers. They are joined like this:
class Book < ActiveRecord::Base
belongs_to :reader
end
class Reader < ActiveRecord::Base
has_many :books
end
So, in the database I have one book which has a assigned reader, and in the view I have such line in a block:
<td><p><%= book.reader.name %></p></td>
But it says there is an error undefined method name for nil:NilClass, although if I change it with
<td><p><%= book.reader %></p></td>
it shows me an address of the object: Reader:0x007fa60ea72f40
Please could you advise me what is going on here? As I suppose it should show a Reader's name as a result...
the schema of my model is:
ActiveRecord::Schema.define(version: 20150320182921) do
create_table "books", force: :cascade do |t|
t.string "name"
t.string "author"
t.integer "pages"
t.datetime "created_at", null: false
t.datetime "updated_at", null: false
t.integer "reader_id"
end
create_table "readers", force: :cascade do |t|
t.string "name"
t.datetime "created_at", null: false
t.datetime "updated_at", null: false
end
end
A:
undefined method `name' for nil:NilClass
I think you have some books with no reader associated. So when you are trying to access name attribute of a nil reader, it is getting exception.
So it would be nice to rescue the nil using #try, try returns nil when called on nil:
<% @books.each do |book| %>
<%= book.reader.try(:name) %>
<% end %>
|
Art and Photography
Inception: A Lucid Dreaming Movie
Many are raving about the new movie “Inception“. It was pretty awesome. The idea of being able to wake up in your dreams and realize that you are dreaming sounds… strangely familiar. It’s called lucid dreaming, if you didn’t already know. “Inception” brilliantly shows us how a team of specialists use lucid dreaming to venture into the dreamer’s mind to steal subconscious ideas, or plant new ones to spark inspiration. They are able to build or destroy cities by toppling and building sandcastles. They can defy the very laws of physics. It sounds like science fiction, but it’s real.
When we enter the Rapid Eye Movement (REM) phase of sleep, we begin to experience dreams. Sigmund Freud said that dreams represent subconscious desires. Ehh, that’s probably not true because I once had a dream that a man chopped my head off with a scythe. In another one, I dreamt that I went about my entire school day, then I woke up and actually went about my entire school day. 2 days of school in rapid succession is definitely not one of my desires.
On a side note, don’t you hate it when you dream that something awesome happened, and then you wake up to find it wasn’t real? When I was little I always dreamt I got a bunch of gifts, then I’d wake up and excitedly look around my house for them. I digress.
In lucid dreams, you realize you are dreaming and are able to control any aspect of the dream. You can fly, talk to sea monsters, control people’s actions; you can do anything you dream of (puns are fun!). It’s pretty cool to know you have complete freedom.
It’s hard to actually know if you are dreaming because you believe that what you’re experiencing is real. One time I had a dream that I was skiing down a dinosaur’s back. It’s highly unlikely that I would ever ski down a dinosaur’s back, because I can’t ski. But I didn’t realize it at the time. I constantly have dreams that I’m breathing in water. Why don’t I realize that it’s impossible? I don’t know. But there are a few things you can do to heighten the chances of “realization”.
You have to do reality checks. Keep checking to see if you are dreaming. I know it sounds stupid, but it’s the only way. Doing this during your awakened state becomes habitual, and the habit transfers over into your dream state.
Some of the reality checks you can do:
Constantly ask yourself if you are dreaming.
Try to fly. You can usually fly in the dream state.
Look at a clock. Are the numbers all skewed in your dream?
Write an “A” on your hand for “awake” and keep checking it throughout the day. It probably won’t be there in your dream state.
Lean against a wall. In your dream, you’ll fall through it.
Check your hand. In your dream you will be missing fingers, or might have additional ones.
Try Steven Laberge’s Mnemonic Induction of Lucid Dreaming (MILD) technique. You set your alarm clock to wake you up four, six, or seven hours after sleeping (amidst REM). You remember as much of your dream as you can, and go back to sleep with the intent of lucid dreaming, while recreating the dream you just woke up from. I find that imagining a spinning sensation allows you to drift back into your dream quicker.
I’ve been trying to do these reality checks whenever I remember. People must think I’m crazy because I keep jumping up to see if I can fly. I keep throwing imaginary balls of lightning into the air. I keep counting how many finger I have on my hand while people are talking to me. I walked into the break room today, not realizing that people were in there, and I said aloud, “Is this a dream? Am I awake?” I got a few stares to say the least.
Last night I was dreaming and out of habit, I checked my hand to see if everything was normal. It turned out that my hands were glowing, so I realized I was dreaming. I got so excited that I woke up. Waking up is normal the first few times. It’s not an easy feat, lucid dreaming; you just have to keep at it.
I believe the dream world holds many answers to life’s question. The phenomenon of dreaming has captivated philosophers and scientists alike for many years. Just think about it. It’s remarkable. Why does it happen? I dream of things that I have never thought of, seen, or experienced in “real life”. What if the dream is an entrance to a different realm? A spirit realm that can only be explored by our spirit bodies, per se. A peek into the afterlife maybe. Only you can know what your dream awaits you.
So interesting. Dreams are insane that is for sure. The whole idea of “am I dreaming or am I awake?” just gets you thinking. The crazy part about some dreams is when you are sleeping you know you are having an amazing dream and then you wake up and you can’t remember it and you really want to cause you liked it so much. That sucks. |
Q:
Many to many mapping JsonMappingException: Infinite recursion (StackOverflowError)
I know it is a duplicate question. I have done this type of implementation many times. Not sure why is it not working this time.
very standard implementation
I know it is a duplicate question. I have done this type of implementation many times. Not sure why is it not working this time.
very standard implementation
public class Car implements BaseResponse {
@Id
@SequenceGenerator(name = "car_generator", sequenceName = "car_sequence", allocationSize = 1)
@GeneratedValue(generator = "car_generator")
private Long id;
@NotNull
private String name;
@NotNull
private String description;
@ManyToMany(fetch = FetchType.LAZY, mappedBy="cars")
private Set<part> parts;
}
@JsonIgnoreProperties({"cars"})
public class Part implements BaseResponse {
@Id
@SequenceGenerator(name = "part_generator", sequenceName = "part_sequence", allocationSize = 1)
@GeneratedValue(generator = "part_generator")
private Long id;
private String name;
@ManyToMany(fetch = FetchType.LAZY)
@JoinTable(
name = "car_part",
joinColumns = @JoinColumn(name = "part_id", referencedColumnName = "id"),
inverseJoinColumns = @JoinColumn(name = "car_id", referencedColumnName = "id"))
private Set<car> cars;
}
create table if not exists parts
(
id BIGINT,
name varchar,
criteria varchar,
customers_count int,
primary key(id)
);
create table if not exists car_part
(
car_id bigint,
part_id bigint
);
The error I keep getting is
Could not write content: Infinite recursion (StackOverflowError) (through reference chain: java.util.ArrayList[0]->com.saylent.domain.car["parts"]); nested exception is com.fasterxml.jackson.databind.JsonMappingException: Infinite recursion (StackOverflowError) (through reference chain: java.util.ArrayList[0]->com.saylent.domain.car["parts"])
A:
@JsonManagedReference and @JsonBackReference are designed to use two-way linkage between parent and child fields.
@ManyToMany(fetch = FetchType.LAZY, mappedBy="cars")
@JsonBackReference
private Set<part> parts;
@ManyToMany(fetch = FetchType.LAZY)
@JoinTable(
name = "car_part",
joinColumns = @JoinColumn(name = "part_id", referencedColumnName = "id"),
inverseJoinColumns = @JoinColumn(name = "car_id", referencedColumnName = "id"))
@JsonManagedReference
private Set<car> cars;
|
/* Copyright (c) 2013-2018, The Linux Foundation. All rights reserved.
*
* This program is free software; you can redistribute it and/or modify
* it under the terms of the GNU General Public License version 2 and
* only version 2 as published by the Free Software Foundation.
*
* This program 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 General Public License for more details.
*
*
* RMNET Data virtual network driver
*
*/
#include <linux/etherdevice.h>
#include <linux/if_arp.h>
#include <linux/ip.h>
#include <net/pkt_sched.h>
#include "rmnet_config.h"
#include "rmnet_handlers.h"
#include "rmnet_private.h"
#include "rmnet_map.h"
#include "rmnet_vnd.h"
#include <soc/qcom/qmi_rmnet.h>
#include <soc/qcom/rmnet_qmi.h>
#define CREATE_TRACE_POINTS
#include <trace/events/rmnet.h>
/* RX/TX Fixup */
void rmnet_vnd_rx_fixup(struct net_device *dev, u32 skb_len)
{
struct rmnet_priv *priv = netdev_priv(dev);
struct rmnet_pcpu_stats *pcpu_ptr;
pcpu_ptr = this_cpu_ptr(priv->pcpu_stats);
u64_stats_update_begin(&pcpu_ptr->syncp);
pcpu_ptr->stats.rx_pkts++;
pcpu_ptr->stats.rx_bytes += skb_len;
u64_stats_update_end(&pcpu_ptr->syncp);
}
void rmnet_vnd_tx_fixup(struct net_device *dev, u32 skb_len)
{
struct rmnet_priv *priv = netdev_priv(dev);
struct rmnet_pcpu_stats *pcpu_ptr;
pcpu_ptr = this_cpu_ptr(priv->pcpu_stats);
u64_stats_update_begin(&pcpu_ptr->syncp);
pcpu_ptr->stats.tx_pkts++;
pcpu_ptr->stats.tx_bytes += skb_len;
u64_stats_update_end(&pcpu_ptr->syncp);
}
/* Network Device Operations */
static netdev_tx_t rmnet_vnd_start_xmit(struct sk_buff *skb,
struct net_device *dev)
{
struct rmnet_priv *priv;
int ip_type;
u32 mark;
unsigned int len;
priv = netdev_priv(dev);
if (priv->real_dev) {
ip_type = (ip_hdr(skb)->version == 4) ?
AF_INET : AF_INET6;
mark = skb->mark;
len = skb->len;
trace_rmnet_xmit_skb(skb);
rmnet_egress_handler(skb);
qmi_rmnet_burst_fc_check(dev, ip_type, mark, len);
qmi_rmnet_work_maybe_restart(rmnet_get_rmnet_port(dev));
} else {
this_cpu_inc(priv->pcpu_stats->stats.tx_drops);
kfree_skb(skb);
}
return NETDEV_TX_OK;
}
static int rmnet_vnd_change_mtu(struct net_device *rmnet_dev, int new_mtu)
{
if (new_mtu < 0 || new_mtu > RMNET_MAX_PACKET_SIZE)
return -EINVAL;
rmnet_dev->mtu = new_mtu;
return 0;
}
static int rmnet_vnd_get_iflink(const struct net_device *dev)
{
struct rmnet_priv *priv = netdev_priv(dev);
return priv->real_dev->ifindex;
}
static int rmnet_vnd_init(struct net_device *dev)
{
struct rmnet_priv *priv = netdev_priv(dev);
int err;
priv->pcpu_stats = alloc_percpu(struct rmnet_pcpu_stats);
if (!priv->pcpu_stats)
return -ENOMEM;
err = gro_cells_init(&priv->gro_cells, dev);
if (err) {
free_percpu(priv->pcpu_stats);
return err;
}
return 0;
}
static void rmnet_vnd_uninit(struct net_device *dev)
{
struct rmnet_priv *priv = netdev_priv(dev);
void *qos;
gro_cells_destroy(&priv->gro_cells);
free_percpu(priv->pcpu_stats);
qos = priv->qos_info;
RCU_INIT_POINTER(priv->qos_info, NULL);
synchronize_rcu();
qmi_rmnet_qos_exit(dev, qos);
}
static void rmnet_get_stats64(struct net_device *dev,
struct rtnl_link_stats64 *s)
{
struct rmnet_priv *priv = netdev_priv(dev);
struct rmnet_vnd_stats total_stats;
struct rmnet_pcpu_stats *pcpu_ptr;
unsigned int cpu, start;
memset(&total_stats, 0, sizeof(struct rmnet_vnd_stats));
for_each_possible_cpu(cpu) {
pcpu_ptr = per_cpu_ptr(priv->pcpu_stats, cpu);
do {
start = u64_stats_fetch_begin_irq(&pcpu_ptr->syncp);
total_stats.rx_pkts += pcpu_ptr->stats.rx_pkts;
total_stats.rx_bytes += pcpu_ptr->stats.rx_bytes;
total_stats.tx_pkts += pcpu_ptr->stats.tx_pkts;
total_stats.tx_bytes += pcpu_ptr->stats.tx_bytes;
} while (u64_stats_fetch_retry_irq(&pcpu_ptr->syncp, start));
total_stats.tx_drops += pcpu_ptr->stats.tx_drops;
}
s->rx_packets = total_stats.rx_pkts;
s->rx_bytes = total_stats.rx_bytes;
s->tx_packets = total_stats.tx_pkts;
s->tx_bytes = total_stats.tx_bytes;
s->tx_dropped = total_stats.tx_drops;
}
static u16 rmnet_vnd_select_queue(struct net_device *dev,
struct sk_buff *skb,
void *accel_priv,
select_queue_fallback_t fallback)
{
struct rmnet_priv *priv = netdev_priv(dev);
int txq = 0;
if (priv->real_dev)
txq = qmi_rmnet_get_queue(dev, skb);
return (txq < dev->real_num_tx_queues) ? txq : 0;
}
static const struct net_device_ops rmnet_vnd_ops = {
.ndo_start_xmit = rmnet_vnd_start_xmit,
.ndo_change_mtu = rmnet_vnd_change_mtu,
.ndo_get_iflink = rmnet_vnd_get_iflink,
.ndo_add_slave = rmnet_add_bridge,
.ndo_del_slave = rmnet_del_bridge,
.ndo_init = rmnet_vnd_init,
.ndo_uninit = rmnet_vnd_uninit,
.ndo_get_stats64 = rmnet_get_stats64,
.ndo_select_queue = rmnet_vnd_select_queue,
};
static const char rmnet_gstrings_stats[][ETH_GSTRING_LEN] = {
"Checksum ok",
"Checksum valid bit not set",
"Checksum validation failed",
"Checksum error bad buffer",
"Checksum error bad ip version",
"Checksum error bad transport",
"Checksum skipped on ip fragment",
"Checksum skipped",
"Checksum computed in software",
"Checksum computed in hardware",
};
static const char rmnet_port_gstrings_stats[][ETH_GSTRING_LEN] = {
"DL header last seen sequence",
"DL header last seen bytes",
"DL header last seen packets",
"DL header last seen flows",
"DL header pkts received",
"DL header total bytes received",
"DL header total pkts received",
"DL trailer last seen sequence",
"DL trailer pkts received",
};
static void rmnet_get_strings(struct net_device *dev, u32 stringset, u8 *buf)
{
switch (stringset) {
case ETH_SS_STATS:
memcpy(buf, &rmnet_gstrings_stats,
sizeof(rmnet_gstrings_stats));
memcpy(buf + sizeof(rmnet_gstrings_stats),
&rmnet_port_gstrings_stats,
sizeof(rmnet_port_gstrings_stats));
break;
}
}
static int rmnet_get_sset_count(struct net_device *dev, int sset)
{
switch (sset) {
case ETH_SS_STATS:
return ARRAY_SIZE(rmnet_gstrings_stats) +
ARRAY_SIZE(rmnet_port_gstrings_stats);
default:
return -EOPNOTSUPP;
}
}
static void rmnet_get_ethtool_stats(struct net_device *dev,
struct ethtool_stats *stats, u64 *data)
{
struct rmnet_priv *priv = netdev_priv(dev);
struct rmnet_priv_stats *st = &priv->stats;
struct rmnet_port_priv_stats *stp;
struct rmnet_port *port;
port = rmnet_get_port(priv->real_dev);
if (!data || !port)
return;
stp = &port->stats;
memcpy(data, st, ARRAY_SIZE(rmnet_gstrings_stats) * sizeof(u64));
memcpy(data + ARRAY_SIZE(rmnet_gstrings_stats), stp,
ARRAY_SIZE(rmnet_port_gstrings_stats) * sizeof(u64));
}
static int rmnet_stats_reset(struct net_device *dev)
{
struct rmnet_priv *priv = netdev_priv(dev);
struct rmnet_port_priv_stats *stp;
struct rmnet_port *port;
port = rmnet_get_port(priv->real_dev);
if (!port)
return -EINVAL;
stp = &port->stats;
memset(stp, 0, sizeof(*stp));
return 0;
}
static const struct ethtool_ops rmnet_ethtool_ops = {
.get_ethtool_stats = rmnet_get_ethtool_stats,
.get_strings = rmnet_get_strings,
.get_sset_count = rmnet_get_sset_count,
.nway_reset = rmnet_stats_reset,
};
/* Called by kernel whenever a new rmnet<n> device is created. Sets MTU,
* flags, ARP type, needed headroom, etc...
*/
void rmnet_vnd_setup(struct net_device *rmnet_dev)
{
rmnet_dev->netdev_ops = &rmnet_vnd_ops;
rmnet_dev->mtu = RMNET_DFLT_PACKET_SIZE;
rmnet_dev->needed_headroom = RMNET_NEEDED_HEADROOM;
random_ether_addr(rmnet_dev->dev_addr);
rmnet_dev->tx_queue_len = RMNET_TX_QUEUE_LEN;
/* Raw IP mode */
rmnet_dev->header_ops = NULL; /* No header */
rmnet_dev->type = ARPHRD_RAWIP;
rmnet_dev->hard_header_len = 0;
rmnet_dev->flags &= ~(IFF_BROADCAST | IFF_MULTICAST);
rmnet_dev->needs_free_netdev = true;
rmnet_dev->ethtool_ops = &rmnet_ethtool_ops;
/* This perm addr will be used as interface identifier by IPv6 */
rmnet_dev->addr_assign_type = NET_ADDR_RANDOM;
eth_random_addr(rmnet_dev->perm_addr);
}
/* Exposed API */
int rmnet_vnd_newlink(u8 id, struct net_device *rmnet_dev,
struct rmnet_port *port,
struct net_device *real_dev,
struct rmnet_endpoint *ep)
{
struct rmnet_priv *priv = netdev_priv(rmnet_dev);
int rc;
if (ep->egress_dev)
return -EINVAL;
if (rmnet_get_endpoint(port, id))
return -EBUSY;
rmnet_dev->hw_features = NETIF_F_RXCSUM;
rmnet_dev->hw_features |= NETIF_F_IP_CSUM | NETIF_F_IPV6_CSUM;
rmnet_dev->hw_features |= NETIF_F_SG;
priv->real_dev = real_dev;
rc = register_netdevice(rmnet_dev);
if (!rc) {
ep->egress_dev = rmnet_dev;
ep->mux_id = id;
port->nr_rmnet_devs++;
rmnet_dev->rtnl_link_ops = &rmnet_link_ops;
priv->mux_id = id;
priv->qos_info = qmi_rmnet_qos_init(real_dev, id);
netdev_dbg(rmnet_dev, "rmnet dev created\n");
}
return rc;
}
int rmnet_vnd_dellink(u8 id, struct rmnet_port *port,
struct rmnet_endpoint *ep)
{
if (id >= RMNET_MAX_LOGICAL_EP || !ep->egress_dev)
return -EINVAL;
ep->egress_dev = NULL;
port->nr_rmnet_devs--;
return 0;
}
u8 rmnet_vnd_get_mux(struct net_device *rmnet_dev)
{
struct rmnet_priv *priv;
priv = netdev_priv(rmnet_dev);
return priv->mux_id;
}
int rmnet_vnd_do_flow_control(struct net_device *rmnet_dev, int enable)
{
netdev_dbg(rmnet_dev, "Setting VND TX queue state to %d\n", enable);
/* Although we expect similar number of enable/disable
* commands, optimize for the disable. That is more
* latency sensitive than enable
*/
if (unlikely(enable))
netif_wake_queue(rmnet_dev);
else
netif_stop_queue(rmnet_dev);
return 0;
}
|
This model features solid injection molded plastic construction with highly detailed graphics. All models assemble in minutes and include a display stand. Model is approximately 12 1/2 inches long with 11 |
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With the words of Immanuel Kant I started my reflection on What is life? before which, the first thing I have to say, because I have a moral obligation, I’m aware that I cannot give a concrete answer and I know that my ideas are not accepted as decisive, conclusive or absolute. I just let my thoughts take the form of letters to think about them and share with others, but everyone should experiment with their own reflexive process.
My flat, but not so simple intention, is written various moments of reflection that coincided between my life and that was revealed to me in a special way while teaching Philosophy in postgraduate course. So, again, this is only a written expression of my ideas that were dressed quietly for those taking the course. Then have to be written over what to keep building possibilities, something that gives life to enjoy it, so you have to identify them.
I should also mention that when saying “my life”, I mean the way I perceive what’s around me, and to my emotions, those demonstrations that allow us to adapt to the world, and define the way we live, and what I do because my emotions have been influenced by events in health issues, motivating changes in my priorities, something that I have known, by family and friends, it happens quite frequently.
Draw in your mind what you want to be and realize it
I declare myself a lucky man, correct, I declare myself a blessed man. I am fully aware that everything that has happened to me has been good, pleasing and purposeful, and even though the death of my brother Felipe, that is the greatest tragedy that I have been through in my life, has resulted in generally blessed. I mean, the live has given me great satisfaction and happiness in their various fields and moments.
My life has been pleasant because the cries ended with laughter and every problem had a solution. But among those rewards, between happiness and joy, is the memory of the vulnerability of human beings, my family, people you love, whom we see some form of deteriorating health, their happiness, their life … leaving them available to those who are near and those who want them, to help them regain or keep the courage and the will, the strength and energy to the emancipation of his sentence for health.
That’s when someone make decisions and priorities changed, because recognizes and reconsiders some goals and even intentions, are vain, unnecessary or superficial. So to question me about What is life? reply that only manifestations of different priorities. Health problems reduce the targets, limit and restrict freedom of choice, autonomy, which is one of the great treasures of the human being, but especially makes us reflect on our life priorities.
What do you see in yourself?
When a person loses their choice: move, run, sing, travel, embrace … is like taking a bit of his “human” is a half-person, half or a fragment of a human being and not inhumane (in the pejorative sense) but by being aware (most times) of its incompleteness, which ends up impacting the emotions of those around you. In these cases, when you need bystander to help find its complement.
As Fernando Savater said: “You have to be born human, but only to be fully arrived when the rest of us spread his humanity the way …”, living with other human beings is what makes us people with the attributes of humanity accepted by society as solidarity, kindness, compassion, generosity and brotherhood; conditions that does not accomplished just for exist, but to live in the broadest sense to assess what and who they are, where value is prioritized.
For me, during this process of reconfiguration of priorities was this one item, my rapprochement with philosophy, which was through a Seminar of Philosophy and Ethics, and who were involved in addition to the thoughts of the Greek philosophers (as part of the process of historical knowledge), the thought of my friends who I shared their thinking and that is not limited or not limited to inform, but to enrich myself through the art of conversation.
I was where I wanted to be, doing what I wanted to do
And precisely the conversation, that in these times has diversified and therefore dehumanized, is another of my fortunes. There are people with training, experience or similar story, but the fact of having the will to share among individuals who by their ages, places of birth and residence, as well as their personal and professional experiences are as diverse as the stars in the sky, or as varied as the ideas that can arise in one person.
Although all their differences, they have one thing in common: they have opinion, are building their own criteria and arguments, and as I promote, have decided to move to the epistemological, not accordant with their memory; and although used reason with the idea of Socrates and Plato (rationalist philosophers) that only reason we can provide insurance knowledge, now, like Descartes, who distrusted the knowledge inherited from the Middle Ages, and began to “philosophize” (thinking) by himself.
Divide and multiply is another of the joys of my life. Tested repeatedly for various reasons and recently validated (say in the technical language lovers modern production processes) by experiences that have left me no doubt. The sadness, the pains and sorrows, when shared, are reduced to the emotional weight, contrary to what happens with the joys, enjoys and good adventures, which multiply exponentially when there echoes the situation of life known as friendship .
Have you ever wonder it?
John Lennon said “Life is what happens to you while you’re busy with other plans” and there were those who understood that there was no plan, however it is not that. We cannot say that we live, not knowing for what purpose we do. I cannot say it’s life, but I know what I do in it, which in itself is a plan. Life happens if I let go, but could enjoy with live or if I define intensity, constantly, I want to get it.
Not even remotely pretend to compete with Violeta Parra and his “Thanks to life”, I just realized that I have options, as Amado Nervo said “Life is like a huge ark full of possibilities” and mine are a wide range between being happy and living aware that I do not need another argument that faith or worried about holding a debate on life with a “pure Darwinian” only accepts “their right.”
Finally, I had firsthand reflection. This situation came to me and was included in my life without asking, is a strong voice process that gradually grew into a whisper, that although whispers, no less direct: nothing will be equal. And not only so can result in negative (minimized), but because the mere presence of that possibility as an element of life, motivation to change, that which comes from knowing that happiness is endless and so it can be shared eternal.
What is life? Whatever you decide to be. What you build with it. My life has been my decision. My life has been my construction. And yes, even bloody and difficult times, has been an experience that I will not lose, I hope to return with vigor, with strength, with drive and value. For love, for family, for friends, for my accomplished and what I still need to be done Because my life is not over by having failed to achieve what they promised and because I have confidence that is not the end. See you soon.
4 Comments
life is like a book, some chapters are sad, some happy, others exciting.
but if ever you return the blade you never know what the next chapter holds
the best things in life are not things, are the moments, emotions, memories, life is beautiful
life is not a problem to be solved is a mystery to be lived
Life is one and must be lived.
life is like a book some chapters are sad others happy
other exciting
but if you never come back sheet you never know what the next chapter holds
life is not a problem to be solved
It is a mystery to be lived
The best things in life are not things.
are moments, emotions, memories, lessons, life is beautiful
Life is one and must be lived.
alumna:Azahira Jacqueline Ante Contreras#5AMPIA
in my opinion for my life is beautiful as long as you know live, many times you do big a small problem when we must follow and strive to see life as a challenge, appreciate and enjoy what you love, every problem has a ue hayq find solution and not despair because things can go wrong. life is wonderful and we must strive to be better every day. |
Basic fairness in reporting the issue? Oh don’t be silly, that would never do.
All men aren’t rapists and trans women should not be regarded as walking sex offenders https://t.co/15gP5YfOUt — Sarah Baxter (@SarahbaxterSTM) December 22, 2019
She means “not all men are rapists,” not “all men aren’t rapists” which is a far broader claim (wouldn’t you think journalists of all people would get that right?), but that pales next to the hostile hyperbole of the next clause. Who the hell claims that trans women should be regarded as walking sex offenders?!
So let’s read Sarah Baxter on being kinder.
The author of the Harry Potter novels has frequently been damned as a snooty elitist for being pro-Labour and anti-Brexit and for turning Dumbledore gay.
What? It’s snooty and elitist to be pro-Labour? What universe is this exactly?
At any rate, she goes on to explain about Rowling and That Tweet.
[S]he has also been denounced as a bitch, trash, Terf (trans-exclusionary radical feminist) and worse, for concluding her tweet with the words, “But force women out of their jobs for stating that sex is real? #IStandWithMaya”. By sex, Rowling didn’t mean bonking, but the sex into which you are born — or, as the transgender movement would have it, into which you are “assigned” at birth but that might not represent the real you. There are few more divisive issues. The novelist nobly flung herself into a pit of seething abuse in defence of Maya Forstater, 45, a tax expert who lost her job at the Centre for Global Development think tank over “offensive and exclusionary” language. Or, in Forstater’s words, for arguing firmly that “men cannot change into women”.
Tribunal, judge, ruling.
“It is a core component of her belief that she will refer to a person by the sex she considered appropriate even if it violates their dignity and/or creates an intimidating, hostile, degrading, humiliating or offensive environment,” he said. “The approach is not worthy of respect in a democratic society.” Of course I back Rowling and “stand with Maya” on the grounds of free speech. It was preposterous of Tayler to pronounce so blithely on what is or isn’t respectful in a democratic society. In fairness, Forstater has stated that she would “respect anyone’s self-definition of their gender identity in any social and professional context”. That alone suggests to me that she was unfairly dismissed. But she has frequently engaged in disputes on social media that have shed more heat than light on transgender issues. I can see why she might have got up the noses of more courteous colleagues.
That’s a swift turnaround. On the one hand she’s right and I stand with her of course, on the other hand I’ll just condemn her anyway.
The ferocious trans wars echo the debates of the 1980s, when some feminists insisted that all men were rapists. Yes, there are perverts out there, but I don’t regard every trans woman as a walking sex offender, as Forstater appears to.
Ah so that’s how it’s done. You make shit up and attribute it to the person you want to trash even though you concede that she’s right. Forstater “appears” to do no such thing, and it’s shit journalism to pretend she does.
And how does Baxter attempt to back up that absurd claim? By quoting someone else and attributing the quotation to Maya. Maya has told her she didn’t say it, and told her who did, and Baxter has apologized, but the piece has not been corrected.
“Pronouns are Rohypnol,” she once claimed, referring to the date-rape drug. “They change our perception, lower our defences . . . alter the reality in front of us. They numb us. They confuse us. They remove our instinctive safety responses. They work.”
Except that she didn’t.
I apologise for wrongly attributing these words to you. The judgement was confusing on that point — Sarah Baxter (@SarahbaxterSTM) December 22, 2019
But did she correct the article? No she did not.
I have just posted a comment under the article drawing attention to my error, based on the judge's misleading account. I think your insistence on absolute "clarity" is hurtful to people who do not fit into a binary world – but I think you are entitled to your opinion — Sarah Baxter (@SarahbaxterSTM) December 22, 2019
Posting a comment under the article is not the same thing as correcting THE MISTAKE in the article.
But hey, everybody be kinder, yeah? |
Celia Villalobos
Celia Villalobos Talero (18 April 1949 in Benalmádena, Málaga) is a Spanish politician.
She was the mayor of Málaga from 1995 to 2000, when she joined José María Aznar's cabinet as the minister of food and health from 2000 to 2002. Her role at this ministry was controversial, mainly due to a speech she gave during the concern over mad cow disease. However, during her period in office, the government delegated all public health responsibilities to the Autonomous Communities. She was deputy speaker of Spanish Parlament between 2011 and 2016. Nowadays, she is MP for Málaga and deputy spokeswoman of People's Party.
She is one of the most liberal members of the People's Party (PP), and is currently a member of the Spanish parliament representing Málaga, where she voted in favour of same-sex marriage in 2005, for which she was economically penalized by the PP, and she left the Spanish Congress during a vote on legal abortion extension cases, which the PP opposed.
References
External links
Villalobos page on Spanish Congress website
Category:1949 births
Category:20th-century women politicians
Category:21st-century Spanish women politicians
Category:Living people
Category:Government ministers of Spain
Category:Knights Grand Cross of the Order of Isabella the Catholic
Category:Mayors of places in Andalusia
Category:Members of the 3rd Congress of Deputies (Spain)
Category:Members of the 4th Congress of Deputies (Spain)
Category:Members of the 5th Congress of Deputies (Spain)
Category:Members of the 6th Congress of Deputies (Spain)
Category:Members of the 7th Congress of Deputies (Spain)
Category:Members of the 8th Congress of Deputies (Spain)
Category:Members of the 9th Congress of Deputies (Spain)
Category:Members of the 10th Congress of Deputies (Spain)
Category:Members of the 11th Congress of Deputies (Spain)
Category:Members of the 12th Congress of Deputies (Spain)
Category:Municipal councillors in the province of Málaga
Category:People from Málaga
Category:People's Party (Spain) politicians
Category:Recipients of the Order of Isabella the Catholic
Category:Women government ministers of Spain
Category:Women mayors of places in Spain
Category:Women members of the Congress of Deputies (Spain) |
Tears and Eyewear in Forensic Investigation-A Review.
Body fluid analysis has played a crucial role in ascertaining various characteristics and has greatly aided in reconstructing events during crime scene investigation. It is often presumed that crimes that involve violence and mental disturbances such as murder or sexual assault provide good sources of body fluids such as blood, saliva, semen, vaginal secretions, urine and tears. Tears are secreted in response to any emotional or stressful situations and may be found deposited on surfaces such as bedding, tissue paper or cloth. In the absence of the commonly noted body fluids such as blood or saliva, tears can play an important role that can lead to personal identification by examining the biochemistry and molecular aspects to obtain a full DNA profile. Additionally, identification of an individual may be done by carefully observing certain unique eye characteristics such as heterochromia which is highly individualistic. Characteristics of eyewear such as spectacles and contact lenses have unique properties and prescription criteria for correcting an individual's eyesight that can provide vital clues in understanding the visual ability of an individual. In crime scene investigation, the presence or absence of eyewear provides immense evidentiary value that has greatly aided in solving cases such as Janet Abaroa's Murder. This paper provides a systematic review of the possibility of using tears and eyewear for the purpose of forensic investigation and to statistically support the inferences with prescription databases which may be initiated across different populations. Forensic Optometry is yet to get streamlined along with the routinely followed investigative techniques and scientifically explored although no standard protocols exist to analyse eyewear. The use of behavioural optometry is gaining attention in the context of driving laws of different countries and is a simple but powerful indicator of abnormal behaviour. It is speculated that the last seen image referred to as an 'Optogram' of an individual may be captured in the retina since our eyes functions like a camera. Although this claim is considerably unexplored, it is quite possible that the last seen image of a criminal, objects or a place may be noted that can positively help in linking individuals at the scene of crime or identify the primary crime location. In this review, the potential for new insights into the analysis of tears, eye and eyewear characteristics have been explored. |
Q:
Approximating the sine function with a neural network
For learning purposes, I have implemented a simple neural network framework which only supports multi-layer perceptrons and simple backpropagation. It works okay-ish for linear classification, and the usual XOR problem, but for sine function approximation the results are not that satisfying.
I'm basically trying to approximate one period of the sine function with one hidden layer consisting of 6-10 neurons. The network uses hyperbolic tangent as an activation function for the hidden layer and a linear function for the output. The result remains a quite rough estimate of the sine wave and takes long to calculate.
I looked at encog for reference and but even with that I fail to get it work with simple backpropagation (by switching to resilient propagation it starts to get better but is still way worse than the super slick R script provided in this similar question). So am I actually trying to do something that's not possible? Is it not possible to approximate sine with simple backpropagation (no momentum, no dynamic learning rate)? What is the actual method used by the neural network library in R?
EDIT: I know that it is definitely possible to find a good-enough approximation even with simple backpropagation (if you are incredibly lucky with your initial weights) but I actually was more interested to know if this is a feasible approach. The R script I linked to just seems to converge so incredibly fast and robustly (in 40 epochs with only few learning samples) compared to my implementation or even encog's resilient propagation. I'm just wondering if there's something I can do to improve my backpropagation algorithm to get that same performance or do I have to look into some more advanced learning method?
A:
This can be rather easily implemented using modern frameworks for neural networks like TensorFlow.
For example, a two-layer neural network using 100 neurons per layer trains in a few seconds on my computer and gives a good approximation:
The code is also quite simple:
import tensorflow as tf
import numpy as np
with tf.name_scope('placeholders'):
x = tf.placeholder('float', [None, 1])
y = tf.placeholder('float', [None, 1])
with tf.name_scope('neural_network'):
x1 = tf.contrib.layers.fully_connected(x, 100)
x2 = tf.contrib.layers.fully_connected(x1, 100)
result = tf.contrib.layers.fully_connected(x2, 1,
activation_fn=None)
loss = tf.nn.l2_loss(result - y)
with tf.name_scope('optimizer'):
train_op = tf.train.AdamOptimizer().minimize(loss)
with tf.Session() as sess:
sess.run(tf.global_variables_initializer())
# Train the network
for i in range(10000):
xpts = np.random.rand(100) * 10
ypts = np.sin(xpts)
_, loss_result = sess.run([train_op, loss],
feed_dict={x: xpts[:, None],
y: ypts[:, None]})
print('iteration {}, loss={}'.format(i, loss_result))
A:
You're definitely not trying for the impossible. Neural networks are universal approximators - meaning that for any function F and error E, there exists some neural network (needing only a single hidden layer) that can approximate F with error less than E.
Of course, finding that (those) network(s) is a completely different matter. And the best I can tell you is trial and error... Here's the basic procedure:
Split your data into two parts: a training set (~2/3) and a testing set (~1/3).
Train your network on all of the items in the training set.
Test (but don't train) your network on all the items in the testing set and record the average error.
Repeat steps 2 and 3 until you've reached a minimum testing error (this happens with "overfitting" when your network starts to get super good at the training data to the detriment of everything else) or until your overall error ceases to notably decrease (implying the network's as good as it's going to get).
If the error at this point is acceptably low, you're done. If not, your network isn't complex enough to handle the function you're training it for; add more hidden neurons and go back to the beginning...
Sometimes changing your activation function can make a difference, too (just don't use linear, as it negates the power of adding more layers). But again, it'll be trial and error to see what works best.
Hope that helps (and sorry I can't be more useful)!
PS: I also know it's possible since I've seen someone approximate sine with a network. I want to say she wasn't using a sigmoid activation function, but I can't guarantee my memory on that count...
|
Q:
Getting this error in nuxt: [vuex] do not mutate vuex store state outside mutation handlers
i'm using nuxt.js and i want to pass current song time to vuex.
but passing data just working once.
this is my data:
currentSongTime: {
second: 0,
minute: 0,
total: 0
}
mounted:
this.WaveSurfer.on('seek', (position) => {
this.currentSongTime.second = parseInt(position * this.WaveSurfer.getDuration() % 60);
this.currentSongTime.minute = parseInt((this.WaveSurfer.getCurrentTime() / 60) % 60);
this.currentSongTime.total = parseInt(position * this.WaveSurfer.getDuration());
this.$store.commit('setCurrentSongTime', this.currentSongTime);
});
index.js (vuex):
export const state = () => ({
currentAudioTime: {}
});
export const mutations = {
setCurrentSongTime(state, val) {
state.currentAudioTime = val;
}
};
it's just working once, and after that, i get this error message:
[vuex] do not mutate vuex store state outside mutation handlers.
i don't know what to do?
A:
You are directly setting the component data as Vuex state, and this causes problem because when you modify the component data you also directly mutate the state outside the mutation handlers. A quick fix is to clone this object before assigning it as a vuex state:
this.$store.commit('setCurrentSongTime', JSON.parse(JSON.stringify(this.currentSongTime)));
|
160 Ill. App.3d 382 (1987)
513 N.E.2d 632
THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
SAMMY EDGERSON, Defendant-Appellee.
No. 3-86-0826.
Illinois Appellate Court Third District.
Opinion filed September 18, 1987.
*383 John A. Barra, State's Attorney, of Peoria (Walter P. Hehner, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
Verlin R. Meinz, of State Appellate Defender's Office, of Ottawa, for appellee.
Reversed and remanded.
JUSTICE HEIPLE delivered the opinion of the court:
The State appeals from an order dismissing the charges against the defendant, Sammy Edgerson, on grounds that his statutory rights were violated because he was not brought to trial within 160 days of his demand. The State argues that the defendant's trial demand was not a demand for speedy trial. We agree.
The defendant was arrested on August 17, 1985, and posted bond the next day. He subsequently was charged with aggravated assault and battery. (Ill. Rev. Stat. 1985, ch. 38, pars. 12-2(a)(6), 12-3(a)(2).) After three continuances, the defendant pleaded not guilty on January 17, 1986, and the cause was scheduled for jury trial on March 19. Nine days prior to trial, the court allowed the defendant a continuance and, at his request, extended the trial date to July 16. Then and again on September 24, the court continued the cause due to involvement in other trials. On November 12, 1986, the defendant moved for dismissal alleging he had not been tried within 160 days of his trial demand in violation of section 103-5(b) of the Criminal Code of 1963. (Ill. Rev. Stat. 1985, ch. 38, par. 103-5(b).) In allowing the defendant's motion, the court relied upon People v. Lorah (1986), 142 Ill. App.3d 163, 491 N.E.2d 793, and found that the defendant's demand for jury trial was ipso facto a demand for speedy trial. Consequently, the court considered the 220-day delay grounds for dismissal. This appeal ensued.
1 Section 103-5(b) of the Code of Criminal Procedure of 1963 provides that every defendant on bail shall be tried within 160 days of *384 his trial demand unless he occasions a delay. (Ill. Rev. Stat. 1985, ch. 38, par. 103-5(b).) A person on bail invokes his statutory right to speedy trial by an affirmative trial demand. (People v. Jones (1981), 84 Ill.2d 162, 417 N.E.2d 1301.) Neither indicating readiness to proceed with trial nor requesting a jury trial constitutes an immediate trial demand that commences the running of the 160-day period. (People v. Wyatt (1977), 47 Ill. App.3d 686, 365 N.E.2d 373.) Instead, a defendant must clearly, apparently and unequivocally communicate his desire to be tried within 160 days. People v. Monaco (1986), 150 Ill. App.3d 278, 501 N.E.2d 852.
2 Supreme Court Rule 505 relaxes those requirements for defendants who have been issued uniform citations and complaints or conservation tickets, and provides that their demanded trial by jury shall be scheduled during the time prescribed in section 103-5. (87 Ill.2d R. 505.) Those defendants need only inform the State of their jury demand to ipso facto demand a speedy trial pursuant to Rule 505. (People v. Lorah (1986), 142 Ill. App.3d 163, 491 N.E.2d 793.) Defendants outside the gambit of Rule 505 who request a jury trial do not, however, automatically demand a speedy trial as required by section 103-5(b). (People v. Monaco (1986), 150 Ill. App.3d 278, 501 N.E.2d 852.) Thus, we find that the trial court inappropriately construed the instant defendant's trial demand as a demand for speedy trial.
3 On January 17, 1986, the defendant demanded a trial by jury on his criminal charge. The record does not indicate that the defendant ever communicated a desire to be tried within 160 days. In fact, after he demanded trial, the defendant was allowed to delay his trial 119 days. The defendant, who was outside the scope of Rule 505, never demanded a speedy trial. Thus, we find the fact that the court's last continuance extended the trial date more than 160 days from the date of the defendant's trial demand inconsequential.
Accordingly, the judgment of the circuit court of Peoria County is reversed and the cause is remanded for further proceedings.
Reversed and remanded.
STOUDER and WOMBACHER, JJ., concur.
|
This invention relates to a control valve for a hydraulic brake booster having a shuttle member with a first end to control metering of pressurized fluid to an actuation chamber during a brake application and a second end to control metering of pressurized fluid from the actuation chamber to a reservoir on termination the brake application.
In hydraulic brake boosters of a type disclosed in U.S. Pat. Nos. 4,281,585; 4,539,892; 4,625,515; 6,561,596 and U.S. Pat. No. 6,732,578, a control valve is located in a first bore and a power piston is located in a second bore of a housing. A lever arrangement is connected to the power piston and the control valve. An input force applied to a brake pedal by an operator acts on the lever arrangement to develop a manual mode and a power assist mode of operation. The lever arrangement pivots on the power piston and communicates an actuation force that moves the control valve to regulate the flow of pressurize fluid from a source to an operational chamber. The regulated pressurized fluid supplied to the operational chamber acts on the power piston in the first bore to develop an operational force that pressurizes fluid that is supplied to wheel brakes to effect a corresponding brake application. A reaction force produced by regulated pressurized fluid in the movement of the power piston is transmitted back to the brake pedal to balance the input force such that the operational force supplied to move the power piston in the first bore is a function of the input force applied to the brake pedal.
Additional features such as traction control, dynamic operational control and anti-skid control under the control of an ECU have been added to hydraulic brake booster to provide a total brake system. During an ECU generated brake application, the brake pedal of the hydraulic booster may mirror the movement of the power piston. In addition, as a result of the rapid opening and closing of the control valve during a ECU generated brake application, an increase in the level of noise created as pressurized fluid flows to the actuation chamber and on released from the brake chamber may occur. Structure to hold a brake pedal stationary during an ECU generated brake application is disclosed in U.S. Pat. No. 6,203,119 wherein a control valve seat moves to meter pressurized fluid; in U.S. Pat. No. 6,732,518 where a separate piston is provided to act on the control valve to meter pressurized fluid; and in U.S. application Ser. No. 10/767,300 wherein a sleeve acts on the control valve to meter pressurized fluid to effect a brake application but it would not appear that the creation of noise has been specifically addressed in the known prior art. |
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678 P.2d 687 (1984)
101 N.M. 59
John J. CHAPMAN, Troy H. Elliott and N. Altom, Petitioners-Appellants,
v.
Robert E. LUNA, Ph.D., Ann Hyde, Erika Kones, Jonathan Samet, Ph.D., Gary Lewis, James Montoya and Mike Creusere, as members of the Alb/Bern County Air Quality Control Board, City of Albuquerque and the Board of County Commissioners of Bernalillo, Respondents-Appellees.
No. 14867.
Supreme Court of New Mexico.
March 13, 1984.
*689 Bruce E. Pasternack, Michael J. Condon, Albuquerque, for petitioners-appellants.
Gary O'Dowd, City Atty., Barbara W. Stephenson, Asst. City Atty., Albuquerque, Brown, Bain & Bingaman, Philip R. Higdon, Santa Fe, Hunter L. Geer, Joe Diaz, Albuquerque, for respondents-appellees.
OPINION
RIORDAN, Justice.
John J. Chapman, Troy H. Elliott, and N. Altom (Petitioners) filed suit in district court seeking a declaratory judgment that the operation and enforcement of the joint Albuquerque-Bernalillo County Motor Vehicle Emissions Inspection Program (Program) is unlawful. After a non-jury trial, the district court dismissed Petitioners' complaint and entered an order upholding the Program. Petitioners appeal. We affirm in part and reverse in part.
The issues we address[1] are:
I. Whether state law prohibits the City from imposing an inspection fee for the Program.
II. Whether the Program violates equal protection standards by allowing exemptions not based on reasonable distinctions.
III. Whether the Program's criminal penalty provisions are invalid.
IV. Whether the ordinances' severability clauses should be given effect.
In 1979, the Albuquerque City Council (Council) and the Bernalillo County Commission (Commission) enacted ordinances which established prohibitions against excessive air pollutant emissions from motor vehicles in the city of Albuquerque and in Bernalillo County. The ordinances delegated the power to regulate the operation of a vehicle emissions inspection and maintenance program to the Albuquerque-Bernalillo County Air Quality Control Board (Board).
The Board, pursuant to its authority, adopted regulations for the establishment and operation of the Program. The Program requires that all private motor vehicles manufactured in 1968 and thereafter undergo an emissions inspection. Any vehicle failing the initial inspection may obtain a waiver from compliance with Board emission standards if the vehicle receives a prescribed low-emissions tune-up, or up to $75.00 worth of repairs in attempting to bring the vehicle into compliance ($75.00 Repair Provision). Upon payment of an inspection fee (Inspection Fee), the vehicle owner is given an inspection certificate (Certificate) to be displayed on the vehicle. Violation of any provision of the Program is a misdemeanor punishable by a fine of not more than $300.00 and/or not more than 90 days imprisonment for operating a registered vehicle without a Certificate.
The Program was to go into effect on December 31, 1982. Petitioners filed a petition for writ of mandamus seeking to halt operation and enforcement of the Program on statutory and constitutional grounds. The district court granted a motion for leave to intervene by Hamilton Test Systems, Inc. (Hamilton) on the basis of Hamilton's status as a party to the contract with the City of Albuquerque (City) for design and operation of the Program's test stations. On January 7, 1983, the district court ordered operation and enforcement of the Program ceased until January 17, 1983. The district court subsequently designated the action as a suit for declaratory judgment.
I. Inspection Fee.
Petitioners argue that the imposition of the Inspection Fee constitutes the charging of fees for vehicles subject to registration under the Motor Vehicle Code, NMSA 1978, Sections 66-1-1 to 8-140 (Orig.Pamp. and *690 Cum.Supp. 1983), and that Section 66-6-25 prohibits imposition of the Inspection Fee. Section 66-6-25 provides:
No county or municipality shall require registration or charge fees for any vehicle subject to registration under the Motor Vehicle Code * * *. (emphasis added).
The Council, Commission, and Hamilton argue that the Inspection Fee is not a "fee" within the meaning of Section 66-6-25. They claim that the purpose of Section 66-6-25 is to prohibit cities and counties from using vehicles as a means of raising general revenues and that the Inspection Fee is only for defraying the administrative costs of an environmental program that was specifically delegated to local authorities by the State. They also argue that the Inspection Fee is a valid exercise of local authorities' home rule power. We disagree.
This Court has the duty of construing statutes, if possible, to resolve any apparent conflict. Runyan v. Jaramillo, 90 N.M. 629, 567 P.2d 478 (1977). However, where a statute makes sense as written, we will not read language into it which is not there. Burroughs v. Board of County Commissioners, 88 N.M. 303, 540 P.2d 233 (1975). Section 66-6-25 states that no city or county shall charge fees for motor vehicles. It does not limit cities and counties to the imposition of only certain fees as the Council, Commission and Hamilton argue. Instead, Section 66-6-25 makes clear the legislative intent that cities and counties are prohibited from charging any fees for motor vehicles, regardless of the purpose of the fees.
We therefore determine that the imposition of the Inspection Fee is prohibited under Section 66-6-25.
N.M. Const. Art. X, Section 6, the municipal home rule amendment, provides in pertinent part:
D. A municipality which adopts a charter may exercise all legislative powers and perform all functions not expressly denied by general law or charter. (emphasis added).
The major case discussing "municipal home rule" in New Mexico is Apodaca v. Wilson, 86 N.M. 516, 525 P.2d 876 (1974). The issue in Apodaca was whether the City of Albuquerque could increase water and sewer rates and apply the increased revenue to municipal functions other than those set out by statute. The statutes at that time specifically allowed the City to use water and sewer revenues for "maintaining, enlarging, extending, constructing and repairing'" water and sewer systems. Id. at 519, 525 P.2d at 880 (quoting NMSA 1953, Repl.Vol. 3, (1968)), § 14-26-4 and § 14-25-2(A). The statutes did not authorize the revenue to be used for any other purpose nor did it forbid its use for other municipal functions. In ruling in favor of the City, this Court stated:
The [Municipal Home Rule Amendment] and art. I of the City Charter enable the City, as a municipal corporation, to exercise all legislative powers and to perform all functions not expressly denied by the City Charter or general state law.
Apodaca, 86 N.M. at 520, 525 P.2d at 880 (emphasis added). This Court defined "general law" as "a law that applies generally throughout the state, or is of statewide concern * * *." Apodaca, 86 N.M. at 521, 525 P.2d at 881. This Court also determined that "not expressly denied" means that "some express statement of the authority or power denied must be contained in such general law in order to be applicable * * * or otherwise no limitation exists." Apodaca, 86 N.M. at 521-522, 525 P.2d at 881-882.
The law at issue here, Section 66-6-25, applies generally throughout the state and is of statewide concern because the people of the state have an interest in maintaining a uniform system of conditions and charges for operating motor vehicles in the state. Section 66-6-25 is therefore a "general law", and it clearly and expressly states that cities and municipalities are prohibited from charging fees for motor vehicles subject to registration.
*691 Therefore, we also determine that the imposition of the Inspection Fee is not a valid exercise of local authorities' home rule power.
II. Equal Protection.
Petitioners argue that the Program violates equal protection standards because: (1) it exempts from coverage vehicles manufactured before 1968 and all vehicles less than one year old; and (2) the $75.00 Repair Provision is discriminatory in its application.
We have previously determined that:
Equal protection does not prohibit classification for legislative purposes, provided that there is a rational and natural basis therefor, that it is based on a substantial difference between those to whom it does and those to whom it does not apply, and that it is so framed as to embrace equally all who may be in like circumstances and situations.
Gruschus v. Bureau of Revenue, 74 N.M. 775, 778, 399 P.2d 105, 107 (1965) (citations omitted). Furthermore, a presumption exists that legislative acts of a municipality are legal and valid, and their provisions are presumed constitutional. City of Albuquerque v. Jones, 87 N.M. 486, 535 P.2d 1337 (1975). Since the Program is "legislative in nature", the presumption extends to it. Wylie Bros. Contracting Co. v. Albuquerque-Bernalillo County Air Quality Control Bd., 80 N.M. 633, 637-638, 459 P.2d 159, 163-164 (Ct.App. 1969).
Petitioners first argue that there is no significant difference between 1967 model vehicles and 1968 model vehicles which justifies exempting 1967 model vehicles from the Program. They claim that the fact that pre-1968 model vehicles were not required by the EPA to have anti-pollution devices installed does not provide a rational basis for the exemption. We disagree.
The record indicates that the pre-1968 model vehicle exemption was decided upon for several reasons. First, the Environmental Protection Agency (EPA) did not require pre-1968 model vehicles to have pollution control devices. Second, EPA recommends that pre-1968 model vehicles and vehicles more than 15 years old be exempted from emissions inspection maintenance programs that grant age exemptions. The record indicates that such exemptions are granted in Connecticut, Missouri, and Colorado, while other programs exempt an even larger group of vehicles. Third, mechanical differences render pre-1968 vehicles more difficult to test for emission levels than vehicles manufactured in 1968 and thereafter. In addition, the State of New Mexico, pursuant to Section 66-3-844(C), requires that all vehicles manufactured in 1968 and thereafter be "maintained in good working order with the factory-installed devices and equipment * * * designed to prevent, reduce or control exhaust emissions or air pollution." Testimony at trial indicated that pre-1968 model vehicles cannot be measured by state-of-the-art testing equipment and that it is difficult to obtain parts in repairing and tuning-up pre-1968 model vehicles. Testimony at trial also indicated that it would be impossible to bring pre-1968 model vehicles within applicable emission standards without unfairly applying these standards.
After reviewing the record, we determine that the pre-1968 model vehicle exemption does not violate equal protection standards because there are significant differences between 1967 and 1968 model vehicles which provide a rational basis for exempting pre-1968 model vehicles.
Petitioners also argue that the $75.00 Repair Provision is discriminatory in its application. The Program establishes a maximum required low emission-related repair cost of $75.00 for vehicles to qualify for a certificate of waiver. However, the $75.00 Repair Provision does not apply to the cost of replacing or repairing anti-pollution equipment that has been removed or rendered inoperable by any person. Petitioners claim that by requiring the latter group of vehicles to come into compliance, regardless of cost, this exception denies equal protection to those persons whose *692 anti-pollution devices have been removed or rendered inoperable through no fault of their own.
It is rational and proper to single out persons who have intentionally removed or rendered inoperable anti-pollution devices. However, the Program allows vehicles whose anti-pollution devices that do not function properly or have been rendered inoperable or removed by another means to undergo no more than $75.00 worth of repairs even if those repairs do not bring the vehicle into compliance. The Federal Government has required all vehicles manufactured in a current year to meet certain emission standards. 42 U.S.C. § 7521(a) (Supp.V. 1981). It is a violation of Federal law to remove or render inoperable the manufacturer's anti-pollution devices. 42 U.S.C. § 7522(a)(3)(A) (Supp.V. 1981). In our opinion, it is not unfair or unreasonable to single out this group of violators and require them to spend whatever it takes to bring their vehicles into compliance. Nor is it unreasonable to exempt new cars from testing since Federal law requires that they meet the federal standards when manufactured. 42 U.S.C. § 7521(a) (Supp.V. 1981).
This does not, however, address the real issue involving the $75.00 exemption. The Program, through testing, identifies vehicles that pollute. However, by paying up to $75.00 to a private individual, a mechanic, it allows the violators who are in effect "certified" as the worst pollutors to continue to operate their vehicles. This is not rational. It does not have any reasonable basis, nor is it designed to further the objectives of cleaning up the air. Allowing cars that fail the test to undergo no more than $75.00 worth of repairs, violates the Program's stated purpose which is to protect the health and welfare of the citizenry by reducing pollutant levels. If the Program is to operate fairly and pursue its stated purpose, then it is essential that all vehicles tested and proved to be operating below the Program's emission standards be required to undergo sufficient repairs to bring them into compliance regardless of the expense involved.
We therefore determine that the $75.00 Repair Provision is invalid.
III. Criminal Penalties.
Petitioners also argue that the Program is invalid because it imposes a criminal penalty in violation of state law. Article X, Section 6 provides in pertinent part:
E. The purpose of this section is to provide for maximum local self-government. A liberal construction shall be given to the powers of municipalities. (emphasis added).
In reviewing city legislation, we consider that:
[A] home rule municipality no longer has to look to the legislature for a grant of power to act, but only looks to legislative enactments to see if any express limitations have been placed on their power to act. To adopt any other interpretation in New Mexico would make the home rule amendment meaningless.
Apodaca, 86 N.M. at 521, 525 P.2d at 881 (emphasis added).
In determining the authority of the Council to enact its ordinance, including its penalties, we must look at the applicable legislative enactment, the state Air Quality Control Act, NMSA 1978, Section 74-2-1 to Section 74-2-17 (Repl.Pamp. 1983). Section 74-2-3(A) grants the Environmental Improvement board enforcement authority except in "municipalities within A class counties or A class counties which have elected, by adopting the appropriate ordinance, to assume jurisdiction for the administration and enforcement of the Air Quality Control Act."[2]
The Act specifically provides in Section 74-2-4(A) that:
*693 A class counties and any municipality within an A class county which provides for air quality control shall, by ordinance, provide for the local administration and enforcement of the Air Quality Control Act * * *. The provisions of any such ordinance shall be consistent with the substantive provisions of the Air Quality Control Act * * *. (emphasis added).
The enforcement under the Act is civil in nature with two exceptions which are contained in Section 74-2-14. Section 74-2-14 provides in pertinent part:
A. [A]ny A class county or municipality within an A class county may prescribe penalties for violations of an ordinance:
* * * * * *
(2) prohibiting the removal of motor vehicle emission control devices installed as required by law and requiring the maintenance of [motor vehicle emission control] devices in operating condition.
B. [I]t shall be a petty misdemeanor to violate any regulation of the environmental improvement board:
* * * * * *
(2) prohibiting the removal of motor vehicle emission control devices installed as required by law or requiring the maintenance of [motor vehicle emission control] devices in operating condition. (emphasis added).
The question becomes whether the Act, which under Apodaca is a "general state law", in any way "expressly denies" the City the authority to provide for criminal sanctions.
Our reading of Apodaca leads to the inescapable conclusion that not only is there no express denial of that authority, but the Legislature specifically authorized it in Section 74-2-14. The fact that the Legislature provided additional civil penalties and prescribed the penalty for violation of board regulations does not eliminate that authority.
We therefore determine that the criminal penalty provisions of the Program are not invalid.
IV. Severability Clause.
Having determined that at least two provisions of the ordinances are invalid, we address the effect of our decision. The ordinances have the following severability clause:
If any section, subsection, sentence, clause, word or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
We have previously addressed the effect of the inclusion of a severability clause in an ordinance. In Schwartz v. Town of Gallup, 22 N.M. 521, 529, 165 P. 345, 348 (1917) we stated:
A part of the law may be unconstitutional and the remainder of it valid, where the objectionable part may be properly separated from the other without impairing the force and effect of the portion which remains, and where the legislative purpose as expressed in such valid portion can be accomplished and given effect, independently of the void provisions, and where if the entire act is taken into consideration it cannot be said that the enacting power would not have passed the portion retained had it known that the void provisions must fall. (citation omitted).
We have determined that a severability clause raises a presumption that the legislating body would have enacted the rest of the ordinance without the void section. Barber's Super Markets v. City of Grants, 80 N.M. 533, 458 P.2d 785 (1969). The severability clause in this case is emphatic in its statement that the ordinances would have been enacted even if the invalid provisions were not included.
We therefore determine that the invalid provisions do not invalidate the ordinances.
*694 V. Conclusion.
We are aware of the tremendous problem the government faces in trying to alleviate air pollution, some of which can be attributed to motor vehicle emissions. We are also aware of the difficulty involved in developing a program that meets the objective of clean air while complying with statutory and constitutional limitations. However, it is not for the courts to develop such a program, but rather it is the responsibility of the Legislature, the City, and the County to do so.
We conclude that the Program may be continued without imposition of a fee and without a repair cap for vehicles that do not come into compliance; otherwise, the Council and Commission will have to discontinue the Program.
IT IS SO ORDERED.
SOSA, Senior Justice, specially concurring.
FEDERICI, C.J., and STOWERS and WALTERS, JJ., concurring in part and dissenting in part.
SOSA, Senior Justice, specially concurring.
I concur with the four points in this opinion. However, under Point II, I would address the equal protection issue that was raised in oral argument, but not presented in the briefs. Specifically, the question of whether the program should be applied to all state residents or merely to residents of Bernalillo County is one that I believe merits attention. In Wylie Brothers Contracting Co. v. Albuquerque-Bernalillo County Air Quality Control Board, 80 N.M. 633, 459 P.2d 159 (Ct.App. 1969), an opinion dealing with air pollution regulations, Justice Oman anticipated the problems we would encounter if regulations and controls were only local and not statewide. There he prophetically stated:
To draft, and particularly to enforce, regulations for the control of emissions from these highly mobile vehicles on a single county-wide basis, would be extremely difficult. The making of regulations relative to the control of emissions from these vehicles belongs to an agency with far greater geographic jurisdiction than that of a single county. The control thereof should be left very largely, if not entirely, to the state and federal governments. (emphasis added).
Id. at 644, 459 P.2d at 170.
This is an issue of significant importance and general public nature affecting the interest of the state at large and, as such, this Court may consider it. DesGeorges v. Grainger, 76 N.M. 52, 412 P.2d 6 (1966). All citizens, not only those in Bernalillo County, should be afforded protection against air pollutants. A statewide program against vehicular pollution would equally regulate all vehicles in the state and remove the inequities in the program. As presently enforced, the pollution control program subjects only residents of Bernalillo County to the Inspection Program. The greater Albuquerque metropolitan area covers other counties. Citizens of these outside counties use Bernalillo County roads daily yet are not subject to the Inspection Program. This appears to me to be an arbitrary, unfair and selective imposition of a regulation on Bernalillo County residents.
It is my reading of Section 66-6-25, NMSA 1978, of the Motor Vehicle Code, that the statute directly prohibits the charging of any fees in connection with the operation of motor vehicles, no matter how noble the purpose. As a matter of public policy and with deep concern for the health and welfare of New Mexico citizens, I agree with the need for an effective program to prevent increased air pollution. However, it is not within the province of the judiciary to change Section 66-6-25. The legislature must remedy this defect.
FEDERICI, Chief Justice and WALTERS, Justice (concurring in part, dissenting in part).
We concur in Justice Riordan's disposition of Points II, III, and IV. We disagree with the decision regarding Point I since *695 Section 66-6-25, NMSA 1978, refers to proscription of fees for "registration" of vehicles by a county or municipality, and not to fees for other purposes. We therefore respectfully dissent on that issue.
STOWERS, Justice (concurring in part, dissenting in part).
I concur in the disposition of points I, II, and IV of the opinion. I dissent as to point III, in that the imposition of criminal penalties exceeds the legislative authority which is limited to civil sanctions and fines.
NOTES
[1] The issues we address on appeal are limited and specific. A number of other issues discussed at oral argument, but not raised in the briefs, might effect the validity of the Program. Therefore, this opinion is not to be construed as an approval of the Program.
[2] An "A class county" is defined by NMSA 1978, Section 4-44-1 (Repl.Pamp. 1980) as counties "having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and having a population of one hundred thousand persons or more as determined by the last official United States census[.]"
|
/*
* Copyright (c) 2003, 2004, Oracle and/or its affiliates. All rights reserved.
* DO NOT ALTER OR REMOVE COPYRIGHT NOTICES OR THIS FILE HEADER.
*
* This code is free software; you can redistribute it and/or modify it
* under the terms of the GNU General Public License version 2 only, as
* published by the Free Software Foundation. Oracle designates this
* particular file as subject to the "Classpath" exception as provided
* by Oracle in the LICENSE file that accompanied this code.
*
* This code 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 General Public License
* version 2 for more details (a copy is included in the LICENSE file that
* accompanied this code).
*
* You should have received a copy of the GNU General Public License version
* 2 along with this work; if not, write to the Free Software Foundation,
* Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA.
*
* Please contact Oracle, 500 Oracle Parkway, Redwood Shores, CA 94065 USA
* or visit www.oracle.com if you need additional information or have any
* questions.
*/
package sun.management.snmp.jvmmib;
//
// Generated by mibgen version 5.0 (06/02/03) when compiling JVM-MANAGEMENT-MIB in standard metadata mode.
//
// java imports
//
import java.io.Serializable;
import java.util.Vector;
// jmx imports
//
import javax.management.MBeanServer;
import javax.management.ObjectName;
import com.sun.jmx.snmp.SnmpCounter;
import com.sun.jmx.snmp.SnmpCounter64;
import com.sun.jmx.snmp.SnmpGauge;
import com.sun.jmx.snmp.SnmpInt;
import com.sun.jmx.snmp.SnmpUnsignedInt;
import com.sun.jmx.snmp.SnmpIpAddress;
import com.sun.jmx.snmp.SnmpTimeticks;
import com.sun.jmx.snmp.SnmpOpaque;
import com.sun.jmx.snmp.SnmpString;
import com.sun.jmx.snmp.SnmpStringFixed;
import com.sun.jmx.snmp.SnmpOid;
import com.sun.jmx.snmp.SnmpNull;
import com.sun.jmx.snmp.SnmpValue;
import com.sun.jmx.snmp.SnmpVarBind;
import com.sun.jmx.snmp.SnmpStatusException;
// jdmk imports
//
import com.sun.jmx.snmp.agent.SnmpIndex;
import com.sun.jmx.snmp.agent.SnmpMib;
import com.sun.jmx.snmp.agent.SnmpMibTable;
import com.sun.jmx.snmp.agent.SnmpMibSubRequest;
import com.sun.jmx.snmp.agent.SnmpStandardObjectServer;
/**
* The class is used for implementing the "JvmThreadInstanceTable" group.
* The group is defined with the following oid: 1.3.6.1.4.1.42.2.145.3.163.1.1.3.10.
*/
public class JvmThreadInstanceTableMeta extends SnmpMibTable implements Serializable {
/**
* Constructor for the table. Initialize metadata for "JvmThreadInstanceTableMeta".
* The reference on the MBean server is updated so the entries created through an SNMP SET will be AUTOMATICALLY REGISTERED in Java DMK.
*/
public JvmThreadInstanceTableMeta(SnmpMib myMib, SnmpStandardObjectServer objserv) {
super(myMib);
objectserver = objserv;
}
/**
* Factory method for "JvmThreadInstanceEntry" entry metadata class.
*
* You can redefine this method if you need to replace the default
* generated metadata class with your own customized class.
*
* @param snmpEntryName Name of the SNMP Entry object (conceptual row) ("JvmThreadInstanceEntry")
* @param tableName Name of the table in which the entries are registered ("JvmThreadInstanceTable")
* @param mib The SnmpMib object in which this table is registered
* @param server MBeanServer for this table entries (may be null)
*
* @return An instance of the metadata class generated for the
* "JvmThreadInstanceEntry" conceptual row (JvmThreadInstanceEntryMeta)
*
**/
protected JvmThreadInstanceEntryMeta createJvmThreadInstanceEntryMetaNode(String snmpEntryName, String tableName, SnmpMib mib, MBeanServer server) {
return new JvmThreadInstanceEntryMeta(mib, objectserver);
}
// ------------------------------------------------------------
//
// Implements the "createNewEntry" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public void createNewEntry(SnmpMibSubRequest req, SnmpOid rowOid, int depth)
throws SnmpStatusException {
if (factory != null)
factory.createNewEntry(req, rowOid, depth, this);
else
throw new SnmpStatusException(
SnmpStatusException.snmpRspNoAccess);
}
// ------------------------------------------------------------
//
// Implements the "isRegistrationRequired" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public boolean isRegistrationRequired() {
return false;
}
public void registerEntryNode(SnmpMib mib, MBeanServer server) {
node = createJvmThreadInstanceEntryMetaNode("JvmThreadInstanceEntry", "JvmThreadInstanceTable", mib, server);
}
// ------------------------------------------------------------
//
// Implements the "addEntry" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public synchronized void addEntry(SnmpOid rowOid, ObjectName objname,
Object entry)
throws SnmpStatusException {
if (! (entry instanceof JvmThreadInstanceEntryMBean) )
throw new ClassCastException("Entries for Table \"" +
"JvmThreadInstanceTable" + "\" must implement the \"" +
"JvmThreadInstanceEntryMBean" + "\" interface.");
super.addEntry(rowOid, objname, entry);
}
// ------------------------------------------------------------
//
// Implements the "get" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public void get(SnmpMibSubRequest req, SnmpOid rowOid, int depth)
throws SnmpStatusException {
JvmThreadInstanceEntryMBean entry = (JvmThreadInstanceEntryMBean) getEntry(rowOid);
synchronized (this) {
node.setInstance(entry);
node.get(req,depth);
}
}
// ------------------------------------------------------------
//
// Implements the "set" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public void set(SnmpMibSubRequest req, SnmpOid rowOid, int depth)
throws SnmpStatusException {
if (req.getSize() == 0) return;
JvmThreadInstanceEntryMBean entry = (JvmThreadInstanceEntryMBean) getEntry(rowOid);
synchronized (this) {
node.setInstance(entry);
node.set(req,depth);
}
}
// ------------------------------------------------------------
//
// Implements the "check" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public void check(SnmpMibSubRequest req, SnmpOid rowOid, int depth)
throws SnmpStatusException {
if (req.getSize() == 0) return;
JvmThreadInstanceEntryMBean entry = (JvmThreadInstanceEntryMBean) getEntry(rowOid);
synchronized (this) {
node.setInstance(entry);
node.check(req,depth);
}
}
/**
* check that the given "var" identifies a columnar object.
*/
public void validateVarEntryId( SnmpOid rowOid, long var, Object data )
throws SnmpStatusException {
node.validateVarId(var, data);
}
/**
* Returns true if "var" identifies a readable scalar object.
*/
public boolean isReadableEntryId( SnmpOid rowOid, long var, Object data )
throws SnmpStatusException {
return node.isReadable(var);
}
/**
* Returns the arc of the next columnar object following "var".
*/
public long getNextVarEntryId( SnmpOid rowOid, long var, Object data )
throws SnmpStatusException {
long nextvar = node.getNextVarId(var, data);
while (!isReadableEntryId(rowOid, nextvar, data))
nextvar = node.getNextVarId(nextvar, data);
return nextvar;
}
// ------------------------------------------------------------
//
// Implements the "skipEntryVariable" method defined in "SnmpMibTable".
// See the "SnmpMibTable" Javadoc API for more details.
//
// ------------------------------------------------------------
public boolean skipEntryVariable( SnmpOid rowOid, long var, Object data, int pduVersion) {
try {
JvmThreadInstanceEntryMBean entry = (JvmThreadInstanceEntryMBean) getEntry(rowOid);
synchronized (this) {
node.setInstance(entry);
return node.skipVariable(var, data, pduVersion);
}
} catch (SnmpStatusException x) {
return false;
}
}
/**
* Reference to the entry metadata.
*/
private JvmThreadInstanceEntryMeta node;
/**
* Reference to the object server.
*/
protected SnmpStandardObjectServer objectserver;
}
|
Testing for beneficial reversal of dominance during salinity shifts in the invasive copepod Eurytemora affinis, and implications for the maintenance of genetic variation.
Maintenance of genetic variation at loci under selection has profound implications for adaptation under environmental change. In temporally and spatially varying habitats, non-neutral polymorphism could be maintained by heterozygote advantage across environments (marginal overdominance), which could be greatly increased by beneficial reversal of dominance across conditions. We tested for reversal of dominance and marginal overdominance in salinity tolerance in the saltwater-to-freshwater invading copepod Eurytemora affinis. We compared survival of F1 offspring generated by crossing saline and freshwater inbred lines (between-salinity F1 crosses) relative to within-salinity F1 crosses, across three salinities. We found evidence for both beneficial reversal of dominance and marginal overdominance in salinity tolerance. In support of reversal of dominance, survival of between-salinity F1 crosses was not different from that of freshwater F1 crosses under freshwater conditions and saltwater F1 crosses under saltwater conditions. In support of marginal overdominance, between-salinity F1 crosses exhibited significantly higher survival across salinities relative to both freshwater and saltwater F1 crosses. Our study provides a rare empirical example of complete beneficial reversal of dominance associated with environmental change. This mechanism might be crucial for maintaining genetic variation in salinity tolerance in E. affinis populations, allowing rapid adaptation to salinity changes during habitat invasions. |
Update: Idaho State Senator Mcgee Out On Bail
(AP) A lawyer for a state senator accused of taking an SUV and trailer from a stranger's home and driving it while drunk says there are "medical explanations" for his client's behavior. Idaho Senate Republican Caucus Chairman John McGee was arraigned Monday in Idaho's 4th District Court. He faces two charges: misdemeanor drunken driving and taking a vehicle without the owner's consent, causing more than $1,000 damage, a felony. The 38-year-old McGee was arrested early Sunday after police say he took the Ford Excursion and cargo trailer from the Boise home of a "complete stranger." They say a blood-alcohol test showed the four-term lawmaker had been drinking. McGee made his first appearance via video. His attorney, Scott McKay, said during the hearing there are "medical explanations" for McGee's actions that would negate any criminal liability in the case. He declined to elaborate. McGee's bond was set at $5,000. |
Anesthetic considerations for patients undergoing laparoscopic surgery.
Once a technique used primarily for gynecologic surgery, laparoscopy is becoming increasingly popular for the performance of abdominal procedures such as cholecystectomy, bowel resection, splenectomy, adrenalectomy, nephrectomy and inguinal hernia repair. Laparoscopy results in a shorter postoperative hospital stay, less time between surgery and the resumption of full activity, reduced hospital costs, and an earlier return to the work force. By avoiding a large abdominal incision, laparoscopic surgery results in improved cosmetic results and a reduced incidence of postoperative intraabdominal adhesions. Compared to open procedures, postoperative pain is generally considered less after laparoscopic surgery. Finally, respiratory function is less compromising following Iaparoscopic compared to open surgical procedures. |
Lactose
Lactose
Lactose is a disaccharide sugar derived from galactose and
glucose that is found in milk. Lactose makes up around 2–8% of milk (by
weight), although the amount varies among species and individuals, and
milk with a reduced amount of lactose also exists. It is extracted from
sweet or sour whey. The name comes from lac orlactis, the Latin word for milk, plus the -ose ending used to name sugars. It has a formula of C12H22O11.Lactose
is not added directly to many foods, because its solubility is less
than other sugars commonly used in food. Infant formula is a notable
exception, where the addition of lactose is necessary to match the
composition of human milk. |
88 B.R. 922 (1988)
In the Matter of Ronald W. MEHRHOFF, Vanita C. Mehrhoff, Engaged in Farming, Debtor.
Bankruptcy No. 87-1150-C.
United States Bankruptcy Court, S.D. Iowa.
July 5, 1988.
*923 Anita L. Shodeen, Des Moines, Iowa, for debtors.
David Carter appeared on behalf of Donald F. Neiman, Des Moines, Iowa, Chapter 7 Trustee.
Linda R. Reade, Asst. U.S. Atty., Des Moines, Iowa, for SBA.
ORDER ON MOTION TO LIFT STAY
LEE M. JACKWIG, Chief Judge.
A telephonic hearing upon debtors' and trustee's resistances to a motion to lift stay filed on behalf of the Small Business Administration (SBA) was held before this court in Des Moines, Iowa. Anita L. Shodeen appeared on behalf of the debtors. David Carter appeared on behalf of the Chapter 7 trustee, Donald F. Neiman. Linda R. Reade, Assistant U.S. Attorney, appeared on behalf of the SBA. Briefs have been filed by all parties. The matter is fully submitted.
Factual Background
The debtors received a loan from the SBA in the amount of $11,500.00 on March 1, 1978. The loan was secured by an interest in farm machinery and equipment, as evidenced by a security agreement dated March 20, 1978 and perfected by the filing of a financing statement on March 23, 1978 which was subsequently continued on November 4, 1982. On March 11, 1986 and February 24, 1987 the debtors enrolled in the Production Adjustment Program (Deficiency and Diversion) administered by the Commodity Credit Corporation (CCC) through the Agricultural Stabilization and Conservation Service (ASCS) for 1986 and 1987, respectively.
On April 29, 1987 the debtors filed a voluntary petition under Chapter 7 of the Bankruptcy Code. The debtors identified the SBA claim as unsecured in the amount of $3,800.00 on Schedule A-3. On June 15, 1987 the SBA filed a motion to lift stay seeking to offset the monies owed the debtors in October of 1987 (approximately $1,125.00) and in October of 1988 (estimated at $1,500.00) under the wheat and grain price support program and pursuant to 31 U.S.C. section 3716 and 11 U.S.C. section 553. The agency filed a proof of claim on June 16, 1987 which indicated its interest was fully secured in the amount of $4,040.47. The proof stated the claim was not subject to any setoff. The SBA amended its proof on August 4, 1987 to clarify *924 that it was claiming "[a]ny available setoff of funds which may be due the debtors from the 1986 and 1987 Production Adjustment programs".
The debtors resisted the motion to lift stay on June 24, 1987 as did the trustee on June 26, 1987. The debtors assert that the SBA is not entitled to a setoff because there is no mutuality of obligation and because the applicable federal regulations do not permit a setoff under the circumstances. The trustee makes essentially the same arguments as the debtors but also asserts, in the alternative, that the contract between the debtors and the government is an executory contract that has not been assumed and therefore is deemed rejected resulting in a breach of that contract.
On August 10, 1987 a discharge of joint debtors was entered in this case. However, the trustee has not abandoned from the estate any interest the estate might have in the 1987 and 1988 payments.
DISCUSSION
I. Statutory Provisions
A creditor's right of setoff in bankruptcy is codified at 11 U.S.C. section 553(a), which provides in pertinent part:
Except as otherwise provided in this section and in sections 362 and 363 of this title, this title does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose before the commencement of the case under this title against a claim of such creditor against the debtor that arose before the commencement of the case.... (Emphasis added.)
In order to qualify for a setoff under section 553, the debts must be mutual and they must be pre-petition. In re Braniff Airways, Inc., 42 B.R. 443, 447 (Bankr. N.D.Tex.1984). The Code does not define "mutual debt". Applicable case law suggests that the debts must be in the same right and must be between the same parties standing in the same capacity. See In re Rinehart, 76 B.R. 746, 750 (Bankr.D.S. D.1987) and citations therein.
11 U.S.C. section 101(9) defines a "creditor" as an "entity" meeting certain characteristics. 11 U.S.C. section 101(14) states that an "`entity' includes person, estate, trust, governmental unit, and United States trustee". In turn, 11 U.S.C. section 101(26) provides that "`governmental unit' means United States; ... department, agency, or instrumentality of the United States (but not a United States trustee while serving as a trustee in a case under this title), ...". Finally, 11 U.S.C. section 106 states:
(a) 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.
(b) There shall be offset against an allowed claim or interest of a governmental unit any claim against such governmental unit that is property of the estate.
(c) 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. (Emphasis added.)
The attendant legislative history distinguishes the compulsory counterclaim and affirmative recovery aspects of subsection (a) from the estate's power to offset under subsection (b):
Section 106 provides for a limited waiver of sovereign immunity in bankruptcy cases. Though Congress has the power to waive sovereign immunity for the Federal government completely in bankruptcy cases, the policy followed here is designed to achieve approximately the same result that would prevail outside of bankruptcy....
There is, however, a limited change in the result from the result that would prevail in the absence of bankruptcy; ... *925 First, the filing of a proof of claim against the estate by a governmental unit is a waiver by that governmental unit of sovereign immunity with respect to compulsory counterclaims, as defined in the Federal Rules of Civil Procedure, that is, counterclaims arising out of the same transaction or occurrence. The governmental unit cannot receive distribution from the estate without subjecting itself to any liability it has to the estate within the confines of a compulsory counterclaim rule. Any other result would be one-sided. The counterclaim by the estate against the governmental unit is without limit.
Second, the estate may offset against the allowed claim of a governmental unit, up to the amount of the governmental unit's claim, any claim that the debtor, and thus the estate, has against the governmental unit, without regard to whether the estate's claim arose out of the same transaction or occurrence as the government's claim. Under this provision, the setoff permitted is only to the extent of the governmental unit's claim. No affirmative recovery is permitted. Subsection (a) governs affirmative recovery.
Though this subsection creates a partial waiver of immunity when the governmental unit files a proof of claim, it does not waive immunity if the debtor or trustee, and not the governmental unit, files proof of a governmental unit's claim under proposed 11 U.S.C. § 501(c).
This section does not confer sovereign immunity on any governmental unit that does not already have immunity. It simply recognizes any immunity that exists and prescribes the proper treatment of claims by and against the sovereign. (Emphasis added.)
House Report No. 95-595, 95th Cong., 1st Sess. 317 (1977); Senate Report No. 95-989, 95th Cong., 2d Sess. 29-30 (1978), U.S. Code Cong. & Admin.News 1978, p. 5787.
Although section 106 concerns the debtor or the estate responding to a claim filed by a governmental unit rather than the governmental unit seeking a setoff, it is of importance in obtaining an understanding of the general principles underlying the entire Code. The use of "a", "such", "the" and "that" in the above quoted Code sections and legislative history suggests to this court that Congress did not intend that one governmental unit be allowed to set off its claim against a claim another governmental unit owes the debtor.[1] Whereas section 106(b) would allow the offset of ASCS-CCC payments against a claim of the ASCS-CCC without the required same transaction or occurrence found in subsection (a), it would not permit such an offset against the claim of any other governmental unit. It should be noted that subsection (b) does not appear to cover the situation where the ASCS-CCC payments are in the nature of a debt, a liability on a claim. Compare 11 U.S.C. section 101(11) (debt defined) with section 101(4) (claim defined). That is, if the governmental unit's claim were less than that governmental unit's debt, the excess should be property of the estate available for distribution pursuant to 11 U.S.C. section 726.
II. Federal Regulations
The Code recognizes setoff rights which are created under either federal or state law. See, e.g. In re Williams, 61 B.R. 567, 571 (Bankr.N.D.Tex.1986). The SBA in this case asserts a right to offset pursuant to 31 U.S.C. section 3716 which permits a governmental agency to collect a claim by administrative offset. Section 3716(b) requires that the head of the agency must prescribe regulations before collecting a claim by administrative offset. 13 *926 C.F.R. Part 140 contains the regulations set forth by the SBA for purposes of debt collection. 13 C.F.R. section 140.2(a) defines "administrative offset" as "the withholding of money payable by the United States to or held by the United States on behalf of a person to satisfy a debt owed to the United States by that person". 13 C.F.R. section 140.5 sets forth the procedures that must be followed in attempting administrative offset:
(a) SBA may, after attempting to collect a claim from a person under normal SBA collection procedures, collect the claim by means of administrative offset. However, no claim that has been outstanding for more than ten years may be collected by means of administrative offset.
(b) Prior to collecting any claim through administrative offset, SBA shall provide the debtor with
(1) Written notification, of at least 30 days, concerning the nature and amount of the claim, the intention of SBA to collect the claim through administrative offset, and an explanation of the rights of the debtor under paragraph (b) of this section;
(2) An opportunity to inspect and copy SBA's records with respect to the claim;
(3) An opportunity to enter into a written agreement with SBA to establish a schedule for the repayment of the debt; and
(4) An opportunity for the review, by SBA's Office of Hearings and Appeals in accordance with the provisions of Part 134 of these regulations, of SBA's determination of the existence of the claim. The administrative judge will issue a written final decision at the earliest practicable date, but not later than 60 days after the timely filing of the petition requesting the review.
(c) The right to review is waived by a debtor, subject to paragraph (d) of this section, if the debtor fails to file a written petition on or before the 15th day following receipt of the notice described in paragraph (b) of this section.
(d) If the debtor files a petition for review within 5 days after the established deadline date, and the administrative judge finds that the debtor has shown good cause for the failure to comply with the deadline date, such reviewing official may find that the debtor has not waived the right to a review. (Emphasis in original.)
(e) Where another Federal agency certifies to SBA that such agency is owed a debt and that the debtor has been provided due process rights in accordance with the agency's own regulations, SBA may withhold money due the debtor from SBA to satisfy such debt. Prior to such offset, SBA will notify the debtor in writing of SBA's intention to withhold such money to satisfy a debt owed to the United States. Such notice will identify the nature of the debt owed and the agency to which it is owed, as well as the amount of the debt.
(f) The provisions of this section do not apply in any case in which a statute either explicitly provides for or prohibits the collection through administrative offset of the claim or type of claim involved.
7 C.F.R. Part 13 specifies the conditions under which the ASCS and CCC may withhold or set off disbursements under programs administered by the Department of Agriculture. 7 C.F.R. section 13.2(c) defines "setoff" as "the application of a specified amount from amounts payable to a debtor as liquidation, in whole or in part, of an amount owed by the debtor". 7 C.F.R. section 13.4 provides in part:
Setoff shall be made and appropriate notification thereof forwarded to the debtor in all cases (but in none other) where:
(a) A person has been administratively determined to be indebted to any agency of the Department of Agriculture,.... In case of indebtedness subject to setoff under this paragraph, the head of any creditor agency of the Department of Agriculture, or his designee, may, if such action is not prohibited by law, defer or subordinate in whole or in part, the right of the creditor agency to recover through setoff all or part of any indebtedness to such agency, or may withdraw a request *927 for setoff, if he determines that such action is in the best interest of the program administered by such creditor agency and that the financial rights of the Government are protected.
....
(d) A person is indebted to the Internal Revenue Service for taxes due the United States and such Service has filed a notice of lien in accordance with the Internal Revenue Code and has submitted a written request for setoff, or has served a Notice of Levy in accordance with section 6331 of the Internal Revenue Code, title 26 of the United States Code, against amounts payable to such person.
(e) A person is indebted to the Department of Labor under an agreement entered into with the United States pursuant to section 1462 of title 7, United States Code, in connection with the employment of Mexican agricultural workers.
(f) A person is otherwise indebted to any agency of the United States and the Administrator, ASCS, or his designee, has specifically authorized setoff.
However, according to 7 C.F.R. section 13.5(c), setoff is not permitted "[w]here collection of a debt has been barred by a discharge in bankruptcy and the debtor has not expressed a desire to make payment".
7 C.F.R. section 13.6 governs the procedures that must be followed by a creditor agency. It states:
(a) Indebtedness to CCC and ASCS shall be set off in accordance with instructions issued by ASCS, without a request for setoff having been made to the appropriate ASCS State office. (Emphasis added.)
(b) Setoffs to recover indebtedness to agencies other than those described in paragraph (a) of this section shall be made only upon filing of a request or serving of a Notice of Levy in accordance with this section. No request shall be filed until the creditor agency has made reasonable efforts through other administrative means available to it to collect the indebtedness.
(c) The following requests for setoff and Notices of Levy shall be mailed or delivered to the appropriate ASCS State office:
(1) Requests for setoff made by other agencies within the Department of Agriculture.
(2) Requests for setoff submitted or Notices of Levy serviced by the Internal Revenue Service.
(3) Requests submitted by the Department of Labor for setoff of a debt which arose in connection with the employment of Mexican agricultural workers.
(d) All other requests for setoff made by other agencies of the United States shall be mailed or delivered to the Administrator, ASCS, or his designee.
(e) Any creditor agency may inquire from the ASCS county office as to whether the debtor has evidenced an intention to participate in one or more programs for a particular crop year under which funds might become available for setoff under this part, but any request for setoff must be made in accordance with this section.
(f) All requests for setoff shall be submitted in writing signed by an authorized representative of the creditor agency, and shall comply with the following:
(1) Each request shall state the amount of the indebtedness separately as to principal and interest, and interest (if any) shall be computed to a date shown in the request. If the creditor agency desires that additional interest be computed on the principal, a daily or monthly interest factor per dollar of principal shall be shown in the request. The amount to be set off shall not exceed the principal sum owed by the debtor plus interest computed in accordance with the request.
(2) Each request shall also state the name and address of the debtor and a brief description of the indebtedness, including identification of the court judgment, if any.
(3) If a notice of lien has been filed in accordance with the provisions of the *928 Internal Revenue Code, section 6323 of title 26, United States Code, the request or Notice of Levy shall also state the date of filing such notice of lien.
(4) If the request is submitted by a corporate agency in connection with a debt which has not been reduced to judgment, the request shall include an agreement to save CCC harmless from liability in the event that the setoff is made against an amount payable by CCC.
The priority of setoffs is established by 7 C.F.R. section 13.7:
(a) Debts shall be collected by setoff in the following order of priority:
(1) Debts to CCC and ASCS.
(2) Debts to other agencies of the Department of Agriculture.
(3) Debts to the Internal Revenue Service.
(4) Debts to other agencies.
(b) Within each priority grouping in paragraph (a) of this section, the order of setoff shall be the chronological order of the dates of entry of the debts on the debt record in the ASCS county office.
Finally, 7 C.F.R. section 13.9 clarifies that any such administrative setoff would not bar a debtor from challenging the debt in question through administrative appeal or through legal action.
Clearly, a review of the very detailed regulations set out above mandates finding that the ASCS-CCC as the entity owing a debt to the debtor is never in the same capacity as the governmental agency to whom the debtor owes a debt, except when the ASCS-CCC is in fact one of the debtor's creditors as contemplated by 7 C.F.R. section 13.6(a).[2] Only in the latter situation are the elaborate procedures for setoff requests not necessary and is setoff almost automatic.
That there is no automatic right to set off the amount the ASCS-CCC owes the debtor in this case against the amount the debtor owes the SBA is evident from the regulations themselves. In accordance with 13 C.F.R. section 140.5(a) and 7 C.F.R. 13.6(b), the SBA would be required to attempt to collect the indebtedness through other means before administrative offset would be proper. According to the original proof of claim, the SBA considered its claim fully secured without resort to setoff.[3] Presumably, it was basing the status of its claim upon an existing security interest in farm machinery and equipment. Nothing in the record indicates whether the SBA did liquidate its interest after the trustee abandoned the property, let alone whether there was a deficiency an unsecured claim remaining.[4]
*929 Perhaps most important in concluding there is no automatic right to an administrative setoff of the ASCS-CCC benefits is the prohibition found at 7 C.F.R. section 13.5(c). That is, setoff is not permitted where "collection" of a debt has been barred by a discharge in bankruptcy and where the debtor has not expressed a desire to make a payment.[5]
Had the trustee abandoned the estate's interest in the governmental payments in issue in this case, the SBA could have commenced the offset procedures after August 10, 1987, the date the discharge was entered.[6] Assuming this had been the case, the very regulations suggest the SBA would have been barred from recovery because, under these facts, its unsecured claim would have been discharged in bankruptcy.
In this case the automatic stay remains in effect as to the governmental benefits because the trustee did not abandon them from the estate. 11 U.S.C. section 362(c). The very regulations regarding administrative offset do not apply. 31 U.S.C. § 3716(c)(2). However, the discharge has been entered. Thus, debts not satisfied by collateral (secured) or by a distribution from the estate (unsecured) have been discharged.[7]
III. Common Law Doctrine
Having determined that the regulations upon which the SBA relies not only do not establish the "mutual capacity" required by 11 U.S.C. section 553 but cannot be utilized in a bankruptcy context by their own terms, the court now addresses whether the government has a common law right of offset that extends to the bankruptcy arena.
In the recent decision of In re Britton, 83 B.R. 914, 917-18 (Bankr.E.D.N.C.1988), the bankruptcy court summarized the development of the concept of setoff in a bankruptcy setting:
The right to set off mutual debts is a common law doctrine based on principles of equity. It was first recognized in American bankruptcy law in the Bankruptcy Act of 1800 and has continued to be recognized in bankruptcy law up to the present. 4 Collier on Bankruptcy, ¶ 553.01 (L. King 15th ed.1987). As the bankruptcy law has developed, however, certain restrictions have been imposed on the right to set-off. The Bankruptcy Code provides that the filing of a petition operates as an automatic stay against the set-off of any debt owing to the debtor that arose prepetition against any claim against the debtor that arose prepetition. 11 U.S.C. § 326(a)(7). Also, the Bankruptcy Code now permits the trustee to recover certain prepetition set-offs which were not recoverable under the Bankruptcy Act. 11 U.S.C. § 553; 4 Collier on Bankruptcy ¶ 553.01 (L. King 15th ed.1987).
*930 Certain differences between the set-off provisions of the Bankruptcy Act and the Bankruptcy Code should be emphasized. Section 68a of the Bankruptcy Act provides that "In all cases of mutual debts or mutual credits between the estate of a bankrupt and a creditor, the account shall be stated and one debt shall be set off against the other, and the balance only shall be allowed or paid." The language in section 68a provides for a federal right of set-off. In contrast to section 68a, section 553 of the Bankruptcy Code simply recognizes the right of set-off where it exists in nonbankruptcy law. As a result, may of the cases deciding set-off issues under section 68a of the Bankruptcy Act may not be applicable to cases arising under section 553 of the Bankruptcy Code.
The Britton court then observed that North Carolina recognizes the right of setoff after certain requirements such as mutuality are satisfied. Id. at 918.[8] In rejecting the Federal Land Bank's argument that the Farmers Home Administration (FmHA) should not be allowed to offset its debt against the amounts owed the debtors by the CCC because the CCC is not a corporate entity separate from the United States, the court relied on Cherry Cotton Mills v. United States, 327 U.S. 536, 66 S.Ct. 729, 90 L.Ed. 835 (1946) and Luther v. United States, 225 F.2d 495 (10th Cir.1954), cert. denied, 350 U.S. 947, 76 S.Ct. 321, 100 L.Ed. 825 (1956). Britton at 919.
The right of one federal agency to offset against its claim funds owed to the debtors by another agency is often based on language in the Cherry Cotton Mills case. See In re Buske, 75 B.R. 213, 216 (Bankr. N.D.Tex.1987); In re Pinkert, 75 B.R. 218, 220 (Bankr.N.D.Tex.1987); Waldron v. Farmers Home Admin., 75 B.R. 25, 27 (N.D.Tex.1987). Luther v. United States, supra, at 498 summarizes the U.S. Supreme Court ruling as follows:
In Cherry Cotton Mills v. United States, 327 U.S. 536, 66 S.Ct. 729, 90 L.Ed. 835, the Government owed the petitioner a certain sum as a refund of processing taxes which had been paid. At the same time, the petitioner owed the Reconstruction Finance Corporation a larger sum as the balance due on a promissory note for money borrowed. The General Accounting Office directed the Treasury to issue a check for the refund in processing tax payable to the Reconstruction Finance Corporation to partially liquidate the indebtedness of the petitioner to that governmental agency. The petitioner brought the action against the Government in the Court of Claims to recover the tax refund. The Government filed a counterclaim based upon the balance due on the note to the Reconstruction Finance Corporation. The Supreme Court discussed the question whether the Court of Claims had jurisdiction to entertain the counterclaim, but it was implicit in the opinion that the right of setoff existed. (Emphasis added.)
Relying on the "implicit" right of setoff, the Court of Appeals concluded that overpayments of income tax could be setoff against the amount a debtor in bankruptcy owed the Commodity Credit Corporation.[9]
This court finds reliance on Cherry Cotton Mills for the proposition that the SBA is entitled to offset the amounts owed by ASCS-CCC improper. Clearly, the Supreme Court was addressing a specific challenge to the jurisdiction of the Court of Claims to hear and to determine a counterclaim brought by the U.S. Government under a specific section of Title 28. The very language of the opinion limits it to facts *931 and circumstances similar to those presented in that nonbankruptcy case:
Nor do we find any justification for giving to 250(2) the narrow interpretation urged. Its purpose was to permit the Government, when sued in the Court of Claims, to have determined in a single suit all questions which involved mutual obligations between the Government and a claimant against it. Legislation of this kind has long been favored and encouraged because of a belief that it accomplishes among other things such useful purposes as avoidance of "circuity of action, inconvenience, expense, consumption of the courts' time, and injustice." Chicago & N.W.R. Co. v. Lindell, 281 U.S. 14, 17 [50 S.Ct. 200, 201, 74 L.Ed.2d 670 (1930)] and cases cited.
We have no doubt but that the set-off and counterclaim jurisdiction of the Court of Claims was intended to permit the Government to have adjudicated in one suit all controversies between it and those granted permission to sue it, whether the Government's interest had been entrusted to its agencies of one kind or another .... Nor is this congressionally granted power to plead a counterclaim to be reduced because in other situations, and with relation to other statutes, we have applied the doctrine of governmental immunity or priority rather strictly. The Government here sought neither immunity nor priority. Its right to counterclaim rests on different principles, one of which was graphically expressed by the sponsors of the Act of which § 250(2) is a part: it is "as much the duty of the citizen to pay the Government as it is the duty of the Government to pay the citizen." 58 Cong. Globe 1674, April 15, 1862, 37th Cong., 2d Sess. (Footnote omitted and emphasis added.)
Cherry Cotton Mills, supra, at 539-40, 66 S.Ct. at 730.
To interpret Cherry Cotton Mills as supporting authority for the proposition that the United States may claim setoff rights among its various units despite a governmental borrower filing bankruptcy ignores the framework of the Code in general and, in particular, the nonbankruptcy law creating the offset right. Indeed, 31 U.S.C. section 3716 does not apply in a bankruptcy context by its own terms. 31 U.S.C. § 3716(c)(2).
IV. Policy Considerations
The bankruptcy court in In re Rinehart, 76 B.R. 746 (Bankr.D.S.D.1987) appears to have been the first court to deny setoff among governmental agencies based on a "lack of mutual capacity" analysis. In that case, the SBA had obtained approval from the ASCS-CCC to offset administratively amounts the ASCS-CCC owed the debtor against its claim. The approval was obtained prior to the filing of the Chapter 11 petition; the ASCS-CCC offset the amount after the commencement of the bankruptcy case; and the SBA subsequently sought relief from the stay to offset the funds against its claim. The court not only found that the SBA did not stand in the same capacity as the ASCS-CCC for purposes of setoff and, therefore, was not entitled to relief from the stay but also found that the SBA had violated the automatic stay and was subject to sanctions for continuing its collection process after the petition was filed. By way of dicta, the court observed:
Serious bankruptcy reorganization policy concerns are also raised by this issue. To allow a governmental agency like the SBA, FmHA, or the like to piggyback under the guise of "government" and off-set ASCS-CCC farm program payments may effectively deny farmers or ranchers a meaningful opportunity attempt to reorganize in a Chapter 11, 12, or 13 setting. As stated, in the instant facts, the SBA is totally undersecured in terms of its collateral and would otherwise be treated as secured up to the amount of setoff and ASCS-CCC payments owing. See 11 U.S.C. § 506(a) and n. 4. Although the Court is unsure as to the total ASCS-CCC payments owing to the debtors, the SBA's claim is $163,250.24. Clearly, this impact would be devastating to these farmers and every farmer who, prior to filing, participates in the ASCS-CCC program and owes either *932 the SBA or FmHA at the time of filing. This is contrary to the United States Supreme Court's policy analysis in United States v. Whiting Pools, Inc., 462 U.S. 198, 103 S.Ct. 2309, 76 L.Ed.2d 515 (1983). Addressing the question of what is property of the estate under 11 U.S.C. § 541(a), Justice Blackmun, writing for the majority, observed in part:
In proceedings under the reorganization provisions of the Bankruptcy Code, a troubled enterprise may be restructured to enable it to operate successfully in the future.... By permitting reorganization, Congress anticipated that the business would continue to provide jobs, to satisfy creditors' claims, and to produce a return for its owners. Congress presumed the assets of the debtor would be more valuable if used in a rehabilitated business than if "sold for scrap."
United States v. Whiting Pools, Inc., supra, at 203, 103 S.Ct. at 2312. Congress and the President voiced serious concern for family farmer survival in the October, 1986, passage of Chapter 12 bankruptcy reorganization. See Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 which became effective November 26, 1986. See also In re Erickson Partnership, 68 B.R. 819 (Bankr.D.S.D.1987), aff'd, 74 B.R. 670 (D.S.D.1987); In re Rennich, 70 B.R. 69 (Bankr.D.S.D.1987). (Footnote omitted.)
Id. at 754-55. Cf. Matter of Hazelton, 85 B.R. 400 (Bankr.E.D.Mich.1988) (FmHA was not entitled to set off amount owed Chapter 12 debtor by the CCC against its claim for policy reasons; "lack of mutual capacity" analysis not adopted).
Agreeing with the reasoning set forth in the Rinehart decision, this court recently held that the FmHA did not stand in the same capacity as the ASCS-CCC for the purpose of offsetting against its claim amounts the ASCS-CCC owed the Chapter 12 debtor. Matter of Butz, 86 B.R. 595 (Bankr.S.D.Iowa 1988). Implicit in the analysis and deliberation were the above quoted policy concerns.
Due to the absence of the policy concerns that attend a reorganization case, the court took a much more critical look at the "lack of mutual capacity" analysis in this liquidation case. As is evident from the findings and conclusions in the preceding divisions of this decision, the court is satisfied that setoff under section 553 may be proper when a federal agency seeks to offset its own obligation to the debtor against its claim but is improper when it seeks to offset the obligation of another federal unit. What appears on the surface to be a harsh result for the government agencies and perhaps for taxpayers is actually an implementation of the Congressional balance between fresh starts for debtors and consistent treatment for creditors similarly situated. Overall the Code design works to the general benefit of taxpayers and consumers.
At the outset of a discussion of policy concerns in a liquidation case, the court observes that there is no indication in the present record that the SBA would have sought an administrative setoff if its borrower had not filed bankruptcy despite an outstanding delinquency on the loan.[10] Indeed, the SBA indicated it was not seeking a setoff on its original proof of claim.[11] Although the court can understand the SBA's desire to make the best out of a bad situation once a borrower files for bankruptcy, to grant the SBA relief from the stay to exercise alleged setoff rights postpetition *933 would permit it to improve its position at the time of filing at the expense of other similarly situated creditors.[12]
Assuming the prohibition found at 31 U.S.C. section 3716(c)(2) were of no force and effect upon the granting of the motion for relief from stay meaning that an administrative right of setoff would exist, the SBA presumably would follow the detailed and time consuming steps set out in the regulations. The trustee would keep the estate open while the SBA obtained a final administrative decision on its request for setoff. If the SBA was not successful by virtue of 7 C.F.R. 13.5(c) or for some other reason, the trustee would then be able to distribute any ASCS-CCC payments he was holding minus (figuratively speaking) the time value of the dividends.
At this juncture the court speculates that what the SBA seeks in essence, if not in form, is not relief from the stay but rather a court determination of the allowed amount of its "secured" claim and a court order directing the trustee to abandon the estate property in issue directly to it. 11 U.S.A. § 506(a); 11 U.S.C. § 554.[13] The government would have the court fashion a setoff based on principles of equity found in common law. One recent bankruptcy decision has attempted to do just that. In In re Thomas, 84 B.R. 438 (Bankr.N.D.Texas 1988), the U.S. Attorney filed a motion for relief from stay on behalf of the FmHA, the SBA and the CCC to set off claims against ASCS-CCC disaster payments to the debtor. The debtor asked that the IRS be included in the distribution and paid in full first according to 11 U.S.C. section 507(a)(7). The bankruptcy court held that section 507(a)(7) did not apply to setoff. The court also found that the priority set forth in the federal regulations did not apply in a bankruptcy setting. Rather he concluded that setoff of the IRS claim was mandated by 11 U.S.C. section 106(b). Accordingly, the court directed that the governmental units share the setoff amount pro rata after the FmHA and the SBA adjusted their respective claims upon liquidation of certain collateral.
This court acknowledges the experience and authority of the Thomas court in analyzing governmental setoff claims,[14] and this court agrees that the federal regulations technically do not apply to a setoff under section 553. Yet, this court finds it awkward at best to conclude that a right of setoff exists among federal units while ignoring the very statutory and regulatory basis and framework for that right. This court also agrees that section 507(a)(7) does not apply per se to setoff under section 553. However, the legislative intent evident from the statutory provisions and from the history of section 507 in particular compels the undersigned to disagree respectfully with the final outcome in the Thomas decision.
Certainly the order of distribution in a Chapter 7 case is clear. 11 U.S.C. section 726(a)(1) provides that property of the estate shall be distributed first to the claims and in the order specified in 11 U.S.C. section 507. Only after those claims are satisfied do unsecured claims receive a dividend. *934 With respect to governmental units, section 507 provides priority status only for certain tax claims. It does not contemplate priority status for any other debts owing the United States as did its predecessor, section 64a(5) of the Act. To allow a federal agency to offset an amount owed by another federal agency against its claim under either the priorities set forth in the regulations or as fashioned by a court attempting to apply a common law equity standard would seemingly ignore and undermine the order of distribution specified by Congress.
For example, if the SBA were granted relief from the stay to pursue an administrative offset in this case, the order of priorities mandated by 7 C.F.R. 13.7 would be similar to the Code only with respect to taxes. Even that limited similarity with sections 507 and 726 would disappear if the FmHA were seeking an offset because 7 C.F.R. 13.7 puts that agency ahead of the Internal Revenue Service (IRS) for distribution purposes. Likewise the Thomas type remedy is at odds with the Code.
Under this court's analysis, the CCC in Thomas would have been entitled to set off the disaster payments against its claim assuring compliance with section 553 and not inconsistent with section 106(b).[15] If funds remained after the CCC claim was satisfied, the trustee would have distributed them in accordance with sections 507 and 726. With respect to the governmental units, the IRS would have been satisfied first and, if possible, in full assuring the debtor as much of a fresh start as possible under the circumstances. That is, pursuant to 11 U.S.C. section 523(a)(1), certain taxes are not included in an individual debtor's discharge. Next, any remainder would have been distributed pro rata to the general unsecured claim holders including the SBA and the FmHA assuring that similarly situated creditors were treated in a nondiscriminatory fashion consistent with Congressional intent.
Overall the societal cost of rehabilitating or alleviating the load of the debt ridden segment of the populace is distributed fairly and evenly among unsecured creditors under the Code. To the extent governmental and nongovernmental creditors timely file their proofs of unsecured claims and recover somewhat from the estates on a nationwide basis, both taxpayers and consumers should benefit indirectly.
CONCLUSION AND ORDER
WHEREFORE, based on the foregoing analysis, the court finds that the SBA may not set off the debt of the ASCS-CCC against its claim because no mutual capacity exists between the SBA and the ASCS-CCC.
THEREFORE, the SBA's motion for relief from the automatic stay is denied.
Signed and filed this 5th day of July, 1988.
*935 APPENDIX A
§ 1951.101 General.
The Federal Claims Collection Act of 1966 as amended by the Debt Collection Act of 1982 and the Deficit Reduction Act of 1984 authorize Farmers Home Administration (FmHA) to use administrative, salary and Internal Revenue Service (IRS) offsets to collect delinquent debts. Any money that is or may become payable from the United States to an FmHA borrower may be subject to offset for the collection of a delinquent debt the borrower owes to FmHA. In addition, money may be collected from an FmHA's borrower's pay for delinquent amounts owed by that borrower to FmHA if the borrower is an employee of a Federal agency, the U.S. Postal Service, the Postal Rate Commission, or a member of the U.S. Armed Forces or the Reserve.
§§ 1951.102 1951.104 [Reserved]
§ 1951.105 Administrative offset.
When a Farmer Program borrower is owed money by another Federal agency (except a tax refund owed by IRS), this section explains how to collect delinquent amounts owed by that borrower to FmHA. Payment up to the delinquent amount will be made to FmHA directly by the other Federal agency. The delinquent amount does not have to be reduced to judgment or be undisputed and the payment does not have to be covered by an FmHA security instrument. Before another Federal agency can be asked to offset any amount, the borrower's account must be accelerated. Offset cannot be used, if, according to State law, accepting a payment after acceleration has the effect of reinstating the account. A State supplement must be issued explaining whether offset can be used in each State. Section 1955.15(d)(3) of Subpart A of Part 1955 of this chapter is not applicable to this situation. Decisions made under the following sections are not appealable under Subpart B of Part 1900 of this chapter.
(a) Feasibility of administrative offset. The first step a County Supervisor must take to use this offset procedure is to decide if offset is feasible. If the County Supervisor decides that offset is not feasible, the reasons for this decision will be documented in the running case record and no offset will be made. If offset is feasible, the directions in the following sections will be used to collect by offset. Offset is not feasible if:
(1) It is not practical. For example, the cost to the Government of collecting by offset might exceed the amount of the delinquency.
(2) Making the payment directly to FmHA would substantially interfere with or defeat the purpose of the other Federal agency.
(3) The account has not been accelerated.
(4) There are legal obstacles to collecting the debt. For example, if the borrower is under the jurisdiction of a bankruptcy court or if the statute of limitations on collecting the debt has expired, the debt cannot be collected by offset. The State Office should contact the Office of General Counsel (OGC) for advice, if necessary.
(b) Notice to borrower of administrative offset. After the County Supervisor has determined it is feasible to collect by offset, the County Supervisor will send the borrower FmHA Form Letter 1951-1 or FmHA Form Letter 1951-2. This will be personally delivered to the borrower or sent by certified mail, return receipt requested, with a copy sent by regular mail on the same day. If the certified mail receipt is returned, it will show when the borrower received the FmHA Form Letter and the time limits set out in FmHA Form Letters 1951-1 or 1951-2 will run from that date. If delivery by certified mail is not accomplished, FmHA will assume that the borrower received the FmHA Form Letter by regular mail on the day the certified mail was refused or was unable to be delivered. If the borrower does not take any action within the time limits set out in FmHA Form Letter 1951-1, the County Supervisor will prepare and send FmHA Form Letter 1951-3 as required by § 1951.105(d) of this subpart. FmHA Form Letter 1951-2 may be used if the County Supervisor has reason to believe that another Government agency is about *936 to make a payment to a borrower and if failure to make an offset would substantially prejudice the government's ability to collect and if there is not enough time to use FmHA Form Letter 1951-1 and complete the procedures set out in § 1951.105 of this subpart. FmHA Form Letter 1951-2 may also be used if the borrower had an FmHA appeal hearing to contest the delinquency and the existence of the debt. FmHA Form Letter 1951-2 may not be used in any other circumstances. If FmHA Form Letter 1951-2 is used, FmHA Form Letter 1951-3 will be prepared and sent as set out in this subpart.
(c) Borrower's request for records, offer to repay or request for a review regarding administrative offset. (1) If a borrower responds to FmHA Form Letters 1951-1 or 1951-2 by asking to review and copy FmHA's records relating to the delinquent debt, the County Supervisor must promptly respond by sending a letter which tells the borrower the location of the borrower's FmHA files and that the files may be reviewed and copied within the next 30 calendar days. Copying costs (see FmHA Instruction 2018-F) and the hours the files will be available each day will be set out in the letter.
(2) If a borrower responds to FmHA Form Letter 1951-1 by offering to repay the delinquency, the offer will be accepted only if the County Supervisor decides that an offset would result in undue financial hardship to the borrower or would be unfair to the borrower for some reason. This decision will be documented in the running case record and the borrower will be sent a letter which sets out the County Supervisor's decision to accept or reject the offer to repay. Form FmHA 440-9, "Supplementary Payment Agreement," will be used if a repayment offer is accepted. The County Supervisor must decide whether to accept the offer within 45 calendar days after the initial offer to repay is made.
(3) If a borrower responds to FmHA Form Letters 1951-1 or 1951-2 by asking for a review of FmHA's determination that a debt exists and/or is delinquent, the borrower then has 10 calendar days to send the County Supervisor evidence supporting the borrower's position. As soon as possible, the County Supervisor will forward the borrower's request for a review, the borrower's case file and all evidence provided by the borrower to the District Director for review. If the borrower asked for a hearing, the District Director will decide if one is needed. A hearing is needed only if the question of the delinquency and the existence of the debt cannot be determined from a documentary review of the borrower's file and any other evidence provided. If a hearing is needed, the borrower will be informed in writing of the time and place of the hearing; Exhibit A to Subpart B of Part 1900 of this chapter will be sent to the borrower and those directions will be followed. If the borrower requests a hearing and the District Director determines that a hearing is not needed, the District Director will inform the borrower in writing of why a hearing is not needed within 15 calendar days of receiving the borrower's file and evidence. The District Director will then conduct a documentary review within 45 days of when the borrower asked for a review. At the hearing or after the documentary review, the District Director will decide whether the debt exists and/or is delinquent; this decision will be made within 30 calendar days of the hearing or review. The District Director will send the borrower a letter which explains the decision. The District Director's decision is final and the borrower has no right to a further review. Copies will be sent to the borrower's attorney (if any), the County Supervisor, and the Assistant Secretary for Administration, USDA, Washington, DC 20250.
(4) The time limits set in FmHA Form Letters 1951-1 or 1951-2 run concurrently. If a borrower asks to review the FmHA file and offers to repay the debt, the borrower cannot take 30 calendar days to ask to review the FmHA file and then take an additional 30 days to offer to repay. The request to review the file, the offer to repay and/or request for a review must all be made within 30 days of the date the borrower receives the FmHA Form Letter. FmHA then has a maximum of 45 calendar *937 days from the day the borrower's request is received by FmHA to evaluate the offer to repay or complete the review.
(d) Request for administrative offset. If FmHA Form Letter 1951-2 has been sent, FmHA Form Letter 1951-3 will be prepared and mailed immediately by the County Supervisor. If FmHA Form Letter 1951-1 has been sent, FmHA Form Letter 1951-3 will be prepared by the County Supervisor after: (1) The borrower has reviewed the file (or the time for review has expired, whichever comes first); (2) a review of the record and any evidence provided by the borrower or a hearing has been concluded and a decision has been made that the debt exists and is delinquent; or (3) a decision is made whether to accept a repayment offer. FmHA Form Letter 1951-3 will be sent by the County Supervisor to the Agricultural Stabilization and Conservation Service (ASCS), Federal Crop Insurance Corporation (FCIC) or any other Federal agency likely to have money scheduled to be paid to the borrower. Exhibit A of this subpart (available in any FmHA office) provides the addresses of officials to whom a completed FmHA Form Letter 1951-3 should be mailed. The County Supervisor will send a copy of the completed FmHA Form Letter 1951-3 to the State Administrative Officer.
(e) Application of payments, refunds and overpayments for administrative offset. (1) Only delinquencies can be collected by offset. Therefore, if an FmHA Form Letter 1951-3 is submitted to another Federal agency which owes a borrower an amount in excess of the FmHA delinquency, that excess will be remitted to the borrower by the other agency.
(2) If a borrower is delinquent on more than one FmHA debt, amounts collected by offset will be distributed and applied as regular payments.
(3) If a borrower receives FmHA Form Letter 1951-2 of this subpart and an offset is made and after a review of the FmHA file and any evidence presented by the borrower the County Supervisor/District Director decides that the offset should not have been made or should have been made for a lesser amount, a refund will be processed promptly in accordance with § 1951.13(b) of Subpart A of Part 1951 of this chapter. The borrower is not entitled to interest on the amount refunded.
(4) If FmHA receives money through an offset but the borrower is not delinquent at the time or the amount received is in excess of the delinquency, the entire amount or the amount in excess of the delinquency must be refunded promptly to the borrower in accordance with § 1951.13(b) of Subpart A of Part 1951 of this chapter. The borrower is not entitled to any payment of interest on the refunded amount.
(5) All amounts collected by offset will be recorded on Exhibit B of this subpart (available in any FmHA office) by the County Supervisor. Exhibit B will be filed in operational file 1951-Offsets, and a copy will be sent to the State Administrative Officer every six months.
(f) Cancellation of administrative offset. If a borrower's name has been submitted to another agency for offset and the borrower's account is brought current (either by payment or by some servicing action), the County Supervisor will notify the other agency that the borrower is no longer delinquent. The addresses listed on Exhibit A of this subpart (available in any FmHA office) will be used.
(g) Administrative offset of FmHA money. FmHA will not offset its loan or grant funds at the request of other agencies. Information provided by other agencies about debts owed to them will be considered by FmHA when it evaluates a borrower's repayment ability and will be compared to financial information that the borrower provided.
[51 FR 42821, Nov. 26, 1986, as amended at 52 FR 18544, May 18, 1987]
NOTES
[1] The debtor in In re Thomas, 84 B.R. 438, 440 (Bankr.N.D.Texas 1988) relied in part on 11 U.S.C. § 101(4) in arguing that the mutuality requirement for setoff was missing when funds are paid to him by one governmental agency but his obligation is to another. The bankruptcy court cited two pre Code U.S. Supreme Court cases as evidence of the recognized right of setoff among governmental agencies and concluded that he did "not think that Congress intended to change this long-established governmental right of setoff when it adopted the definition of entity in § 101(4). Certainly, nothing in the legislative history indicated such an intent."
[2] During the past year, this court has seen numerous motions for relief from stay filed by the U.S. Attorney's Office on behalf of the SBA or the Farmers Home Administration (FmHA) seeking to offset ASCS-CCC benefits in both liquidation and reorganization cases. 7 C.F.R. section 1951.105, set out in Appendix A, governs FmHA administrative offset. The regulations are as elaborate and restrictive as those set out in the text of this decision. See in particular subsection (a)(4) (offset not feasible if the borrower is under the jurisdiction of the bankruptcy court) and subsection (g) (FmHA will not offset its loan or grant funds at the request of other agencies).
[3] An otherwise unsecured claim is considered "secured" to the extent of the setoff amount pursuant to 11 U.S.C. section 506(a) which provides:
An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor's interest in the estate's interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor's interest or the amount so subject to setoff is less than the amount of such allowed claim....
"It is settled law that a claim based on a set-off is not a secured claim." In re Britton, 83 B.R. 914, 918 (Bankr. E.D.N.C. 1988) citing Lowden v. Iowa-Des Moines Nat'l Bank and Trust Co., 10 F.Supp. 430, (S.D. Iowa 1935), aff'd, 84 F.2d 856, (8th Cir.1936) cert. denied, 299 U.S. 584, 57 S.Ct. 109, 81 L.Ed. 430 (1936).
[4] On June 5, 1987 the trustee filed his application to abandon "real estate" due to a first mortgage in favor of Corydon State Bank and a second mortgage in favor of the FmHA. He also abandoned "machinery, crops, and hog confinement" due to the Bank's security interest.
[5] Reaffirmation agreements must be made before a discharge is granted. 11 U.S.C. section 524(c)(1).
[6] Aside from the explicit or implicit granting of a motion for relief from stay, 11 U.S.C. section 362(c) governs the termination of the automatic stay:
(1) the stay of an act against property of the estate under subsection (a) of this section continues until such property is no longer property of the estate; and
(2) the stay of any other act under subsection (a) of this section continues until the earliest of
(A) the time the case is closed;
(B) the time the case is dismissed; or
(C) if the case is a case under chapter 7 of this title concerning an individual or a case under chapter 9, 11, 12, or 13 of this title, the time a discharge is granted or denied.
[7] The trustee makes distributions based, in part, on information provided by creditors in their proofs of claims. In this case, the SBA has not claimed that it is entitled to a distribution as a general unsecured creditor. Yet, from a review of the schedules and proofs of claims in this case, it appears that the SBA might have received a distribution had it filed as a general unsecured creditor. It might have received the largest dividend if it realized nothing from the liquidation of the machinery and equipment. Parenthetically, the court observes that the FmHA did not file a proof of claim in this case. If the information on the debtor's schedules is correct, it may have had a general unsecured claim upon liquidation of the estate. (Ordinarily in a liquidation case, claims must be timely filed 90 days after the first meeting of creditors in order to share in any distribution by the trustee. 11 U.S.C. § 726 and Bankr. R. 3002.)
[8] The court finds nothing under Iowa law to suggest that the U.S. Government would be entitled to offset the claim of one agency against the debt owed by another agency. Certainly, the state legislature is without power to create rights among governmental units established by Congress.
[9] The Luther case actually involved a priority dispute under section 64(a)(5) of the Bankruptcy Act which is the predecessor of 11 U.S.C. section 507(a) (expense and claim priorities), not under section 68 which is the predecessor of section 553. As was pointed out in In re Rinehart, 76 B.R. 746, 751 (Bankr.D.S.D.1987), neither section 64(a) nor section 507 entails the "mutuality" consideration found in the offset sections.
[10] According to information dated June 4, 1987 and attached to the SBA's proof of claim, the last payment was made on April 9, 1985 and the next installment due date had been December 20, 1986.
[11] The court does not address whether the SBA timely requested setoff in this case but notes that setoff is an exercisable right only. See In re Britton, 83 B.R. 914 (Bankr.E.D.N.C.1988) (FmHA's failure to assert right to a setoff in its proof of claim constituted waiver of right and right could not be reinstated by amending the proof of claim to specify such right). See also In re Stephenson, 84 B.R. 74 (Bankr.N.D.Texas 1988) (FmHA was barred from claiming any right of setoff as to CCC payments by prior confirmation of plan of reorganization neither plan nor government's objection to plan addressed setoff).
[12] Had the FmHA filed a proof of claim showing a deficiency upon liquidation of the real estate securing its claim but no request for setoff against the ASCS-CCC payments and had the court allowed the SBA to set off those payments, the SBA's recovery might also have been at the expense of the FmHA as a general unsecured creditor entitled to a distribution from the estate (if funds existed) pursuant to 11 U.S.C. section 726.
[13] According to the legislative history of section 554, "[a]bandonment may be to any party with a possessory interest in the property abandoned". House Report No. 95-595, 95th Cong., 1st Sess. 377 (1977); Senate Report No. 95-989, 95th Cong., 2d Sess. 92 (1978), U.S. Cong. & Admin. News 1978, p. 5787. For the limited purpose of the textual discussion, the court will assume that the SBA would have a possessory interest.
[14] Bankruptcy Judge Akard also authored In re Stephenson, 84 B.R. 74 (Bankr.N.D.Tex.1988) (FmHA not entitled to set off CCC disaster payments which were Congressionally approved postpetition in Chapter 12 case; In re Buske, 75 B.R. 213 (Bankr.N.D.Texas 1987) (FmHA entitled to set off CCC deficiency payments in Chapter 7 case after compensating debtor for expenses and labor in producing crop upon which deficiency payments were based); and In re Pinkert, 75 B.R. 218 (Bankr. N.D. Texas 1987) (FmHA allowed to set off CCC deficiency and disaster payments in Chapter 11 case).
[15] Like the debtors in this case, the debtor in Thomas entered into the ASCS-CCC contract prior to filing for bankruptcy but the actual amount owed under the 1986 contract was not determined until after the case was commenced. For the purpose of the textual discussion, the court assumes a finding of mutuality between the debtor and the ASCS-CCC. The court neither adopts nor rejects the analyses set forth in those cases that find that the contractual requirements under the ASCS-CCC programs are in the nature of duties and promises rather than conditions precedent and, in turn, hold that the ASCS-CCC obligations arise at the time the prepetition contracts are entered. In re Greseth, 78 B.R. 936 (D.Minn.1987); Matter of Matthieson, 63 B.R. 56 (D.Minn.1987); Waldron v. Farmers Home Admin., 75 B.R. 25 (N.D.Tex.1987). Contra In re Walat Farms, Inc., 69 B.R. 529 (Bankr. E.D.Mich.1987) and In re Hill, 19 B.R. 375 (Bankr.N.D.Texas 1982).
Since the court has disposed of the SBA's claim of setoff against the ASCS-CCC payments on the basis of "lack of mutual capacity", the other issues raised by the debtors and the trustee are not ripe for consideration. With respect to the challenge that the ASCS-CCC benefits are postpetition, the court only observes that the cited cases holding the benefits are prepetition do so without discussing any distinction between the debtor and the debtor in possession or the trustee. Likewise, with regard to the trustee's contention that the contract in issue is executory, the court notes that those same cases do not actually find that the contracts in question are not executory. As Judge Akard implies in In re Buske, 75 B.R. 213, 216 (Bankr.N.D.Tex.1987) and In re Pinkert, 75 B.R. 218, 221 (Bankr.N.D. Tex.1987), the executory contract argument is simply foreclosed by the "mutual obligation" analysis.
|
The attached Image is very difficult to have lit well if you don't use some Fill Flash, low light at Dawn, inside the tree canopy, this was shot with the 1Dx & 600 EX-RT off Camera with the ST-E3-RT.
You mean with a flash bracket? Which one do you have?
Hi RPT, Yes, I use the RRS Full Ring Bracket (FR-91-QR) with the Extender slider (FA-QREX2) that allows the Flash attached to be set at any point around the Lens and extends out a further 6" to 10" (20" if you connect two), I've used two 600EX-RT's on this Ring , but generally use just the one combined with the ST-E3-RT on the Camera.
Has the added advantage of being very robust, when attached I use the Ring to carry the Lens/Camera.
I use the "91" ring size so I can fit to the 300f/2.8, 400f/2.8 (when I had it) and now the 200-400f/4, I've not used it on the 600f/4 as yet.
I use a similar arrangement on the 70-200f/2.8 II, except the Ring Bracket is the 3/4 Bracket (Not a Full Ring)(B87-QR).
I find the RRS catalogue keeps me poor, but it's excellent gear.
Logged
The only thing necessary for the triumph of evil is for good men to do nothing
Many animals do not mind the use of a flash, the big cats seems almost bothered by it, but NEVER EVER use a flash with an African elephant, they do not take to it
And if you go to Jurassic Park, don't use a flash to take pictures of the T-Rex.......
If your flash/camera supports red-eye reduction, it might be a good idea to turn it off. I remember one evening trying to take flash pictures of a kitten playing in a paper bag.... Every time the red-eye strobe went off, the kitten ducked. I managed to get lots of pictures of the paper bag.....
The attached Image is very difficult to have lit well if you don't use some Fill Flash, low light at Dawn, inside the tree canopy, this was shot with the 1Dx & 600 EX-RT off Camera with the ST-E3-RT.
You mean with a flash bracket? Which one do you have?
Hi RPT, Yes, I use the RRS Full Ring Bracket (FR-91-QR) with the Extender slider (FA-QREX2) that allows the Flash attached to be set at any point around the Lens and extends out a further 6" to 10" (20" if you connect two), I've used two 600EX-RT's on this Ring , but generally use just the one combined with the ST-E3-RT on the Camera.
Has the added advantage of being very robust, when attached I use the Ring to carry the Lens/Camera.
I use the "91" ring size so I can fit to the 300f/2.8, 400f/2.8 (when I had it) and now the 200-400f/4, I've not used it on the 600f/4 as yet.
I use a similar arrangement on the 70-200f/2.8 II, except the Ring Bracket is the 3/4 Bracket (Not a Full Ring)(B87-QR).
I find the RRS catalogue keeps me poor, but it's excellent gear.
Thanks Edward. Wow! 320 US$ for the ring clamp and 260 for the 3/4th clamp and 130 for the extender! That is a lot of $$$
Thanks Edward. Wow! 320 US$ for the ring clamp and 260 for the 3/4th clamp and 130 for the extender! That is a lot of $$$
Hi RPT, Yes, hence my comment about being kept poor, but the gear is just well Engineered, well made & works, and I really like the RRS after sales service, I've not had much at all in the way of issues, but any I have had have been resolved Positively & without any concerns, an advantage I feel of dealing in this day & age with a family owned & Operated Company.
Logged
The only thing necessary for the triumph of evil is for good men to do nothing
Personally, I always fill-flash wildlife (unless I get green/red eyes) because I like background lit objects ... I've got a Demb flash bracket with a 600rt (200mm reflector) which is rather inexpensive, let's you only fill the shadow side and is the only flexible way I know of to prevent horrible drop shadows.
Hi RPT, Yes, I use the RRS Full Ring Bracket (FR-91-QR) with the Extender slider (FA-QREX2) that allows the Flash attached to be set at any point around the Lens and extends out a further 6" to 10" (20" if you connect two), I've used two 600EX-RT's on this Ring , but generally use just the one combined with the ST-E3-RT on the Camera.
I use the 600EX-RT with a Better Beamer on the RRS B91-QR with FA-QREX2 on my 600 II. I've been using the OC-E3, but I have a SnapQR cold shoe, and triggering with the ST-E3 would be a little cleaner than the coiled cord - great idea!
I've been using the OC-E3, but I have a SnapQR cold shoe, and triggering with the ST-E3 would be a little cleaner than the coiled cord - great idea!
After breaking my 2nd (China copy) oc-e3 cord I also switched to triggering the on-flash-bracket coldshoe flash with another flash on the camera hotshoe - its heavier, but the cable is messy and I can use the 2nd flash for high power hss or bounce if I want to.
I use the 600EX-RT with a Better Beamer on the RRS B91-QR with FA-QREX2 on my 600 II. I've been using the OC-E3, but I have a SnapQR cold shoe, and triggering with the ST-E3 would be a little cleaner than the coiled cord - great idea!
Hi Neuro, I bought the Better Beamer specially for use on the 600f/4 II, Haven't actually tried it yet, but I have hopes the Better Beamer can help overcome the 200mm Zoom limitation of the 600EX-RT, the 200mm Zoom seems to work just fine when in use on the 200-400, 300 & 400, but I've tried it with the 600 & there's a lot of light fall off/spread which the better beamer should help with.
I found the ST-E3-RT Triggering via the Camera worked well for me, especially when you need to change the position of the 600/s on the Ring, I imagine that could become a bit of a Tangle using a cord to trigger.
Just an added reminder for anyone wanting to go the RRS way, keep in mind if you want to attach your 600EX-RT to the RRS extender, or any RRS piece of gear that has a dovetail fit, you need a "Snap QR Adaptor", RRS make a number for different fit outs, when I first bought my set up I had everything I needed, except this little bit of gear to actually attach the 600 so it would all work. |
Estimated Values
This month, the home located at 18241 Serrano Ave has an estimated value of $1,116,400.
This HomeCityZipNeighborhood06/1507/1508/1509/1510/1511/1502/1603/1604/1605/1606/1606/1607/1607/1608/1609/1610/16$900,000$990,000$1,080,000$1,170,000$1,260,000
Month
This Home
City
Zip
Neighborhood
06/15
$960,600
$970,000
$1,131,600
07/15
$964,500
$973,000
$1,160,400
08/15
$984,600
$993,500
$1,165,000
09/15
$1,001,100
$1,012,200
$1,173,100
10/15
$1,021,800
$1,032,900
$1,190,300
11/15
$1,032,600
$1,043,200
$1,150,000
02/16
$1,038,800
$1,049,350
$1,164,900
03/16
$1,045,200
$1,053,950
$1,155,000
04/16
$1,055,900
$1,067,200
$1,156,600
05/16
$1,070,100
$1,079,550
$1,162,300
06/16
$1,116,000
$1,083,600
$1,094,050
$1,136,200
06/16
$1,116,000
$1,105,000
$1,114,850
$1,162,200
07/16
$1,116,400
$1,115,900
$1,127,000
$1,166,300
07/16
$1,116,400
$1,141,900
$1,155,500
$1,181,800
08/16
$1,116,400
$1,146,100
$1,158,400
$1,188,400
09/16
$1,116,400
$1,152,800
$1,166,750
$1,188,900
10/16
$1,116,400
$1,171,600
$1,184,250
$1,192,000
Neighborhood
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With an expected re-financing cost of $0 and a monthly savings of $4,553 a month, someone re-financing 18241 Serrano Ave Villa Park, CA should expect a break even point of 0 years 0 months. If you are planning on staying in your home for more than this period, financing may be an option. Enter your current mortgage information below and your new loan information to determine your new estimated payment and savings.
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18241 Serrano Ave, Villa Park CA, 92861
The home value by address for 18241 Serrano Ave, Villa Park CA, 92861 may have been calculated from sold prices, public records of assessed value, and Villa Park, California real estate information. Property details include home value: $1,120,100, bedrooms: 5, bathrooms: 6, square footage: 4,265 and lot size. While these estimates can help planning a real estate purchase or sale, you should always consult with a Villa Park, CA Realtor ® or house appraisal specialist. Need more help? We can also assist when searching for Villa Park, CA houses for sale, Villa Park, CA apartments for rent, or with finding Villa Park, CA mortgage rates. |
As used herein, all percentages are weight percentages unless otherwise noted.
1. Field of the Invention
This invention relates to the field of nickel base superalloys and superalloy articles for use at elevated temperatures. This invention also relates to the field of single crystal metallic articles. Further, this invention relates to the heat treatment of single crystal superalloy articles.
2. Description of the Prior Art
The nickel base superalloy art area has been extensively investigated for many years, and as a result there are very many issued patents in this area. These include, for example, U.S. Pat. Nos. 2,621,122; 2,781,264; 2,912,323; 2,994,605; 3,046,108; 3,166,412; 3,188,204; 3,287,110; 3,304,176; and 3,322,534.
The conventional nickel base superalloys which are used to fabricate gas turbine components have evolved over the last 30 years. Typically, these alloys contain chromium to levels of about 10% primarily for oxidation resistance, aluminum and titanium in combined levels of about 5% for the formation of the strengthening gamma prime phase and refractory metals such as tungsten, molybdenum, tantalum and columbium in levels of about 5% as solid solution strengtheners. Virtually all nickel base superalloys also contain cobalt in levels of about 10%, and carbon in levels of about 0.1% which acts as a grain boundary strengthener and forms carbides which strengthen the alloy. Boron and zirconium are also often added in small amounts as grain boundary strengtheners.
Most commonly, gas turbine blades are formed by casting and the casting process most often utilized produces parts having equiaxed nonoriented grains. It is well-known that the high temperature properties of metals are usually quite dependent upon grain boundary properties, consequently, efforts have been made to strengthen such boundaries (for example by the additions discussed previously), or to reduce or eliminate the grain boundaries transverse to the major stress axis of the part. One method of eliminating such transverse boundaries is directional solidification, described in U.S. Pat. No. 3,260,505. The effect of directional solidification is to produce an oriented microstructure of columnar grains whose major axis is parallel to the stress axis of the part and which has minimal or no grain boundaries perpendicular to the stress axis of the part. A further extension of this concept is the utilization of single crystal parts in gas turbine blades. This concept is described in U.S. Pat. No. 3,494,709. The obvious advantage of the single crystal blade is the complete absence of grain boundaries. In single crystals, therefore, grain boundaries are eliminated as potential weaknesses, hence, the mechanical properties of the single crystal are completely dependent upon the inherent mechanical properties of the material.
In the prior art alloy development, much effort was devoted to the solution of problems resulting from grain boundaries, through the addition of elements such as carbon, boron, and zirconium. Another problem which prior art alloy development sought to avoid was the development of deleterious phases after long term exposures at elevated temperatures (i.e. alloy instability).
U.S. Pat. No. 3,567,526 teaches that carbon can be completely removed from single crystal superalloy articles and that such removal improves fatigue properties.
In single crystal articles which are free from carbon, there are two important strengthening mechanisms. The most important strengthening mechanism is the intermetallic gamma prime phase, Ni.sub.3 (Al, Ti). In modern nickel base superalloys, the gamma prime phase may occur in quantities as great as 60 volume percent. The second strengthening mechanism is the solid solution strengthening which is produced by the presence of the refractory metals such as tungsten and molybdenum in the nickel solid solution matrix. For a constant volume fraction of gamma prime, considerable variations in the strengthening effect of this volume fraction of gamma prime may be obtained by varying the size and morphology of the gamma prime precipitate particles. The gamma prime phase is characterized by having a solvus temperature above which the phase dissolves into the matrix. In many cast alloys, however, the gamma prime solvus temperature is in fact above the incipient melting temperature so that it is not possible to effectively solutionize the gamma prime phase. Solutionizing of the gamma prime is the only practical way in which the morphology of the gamma prime can be modified, hence for many commercial nickel base superalloys the gamma prime morphology is limited to the morphology which resulted from the original casting process. The other strengthening mechanism, solid solution strengthening, is most effective when the solid solution strengthening elements are uniformly distributed throughout the nickel solid solution matrix. Again this strengthening is reduced in effectiveness because of the nature of the casting process. Practical nickel base superalloys freeze over a wide temperature range. The freezing or solidification process involves the formation of high melting point dendrites followed by the subsequent freezing of the lower temperature melting interdendritic fluid. This solidification process leads to significant compositional inhomogenities throughout the microstructure. It is theoretically possible to homogenize such a microstructure by heating at elevated temperatures to permit diffusion to occur, however, in practical nickel base superalloys the maximum homogenization temperature, which is limited by the incipient melting temperature, is too low to permit significant homogenization in practical time intervals.
Finally, U.S. Pat. No. 3,887,363 describes a nickel superalloy composition suited for directional solidification which is characterized by the absence of carbon and the presence of rhenium and vanadium.
U.S. Pat. No. 4,116,723 relates to the heat treatment of single crystal articles having a composition such that there is a useful heat treatment range between the gamma prime solvus temperature and the incipient melting temperature and such solution heat treatment temperature is high enough to permit essentially complete homogenization within commercially feasible times. Following such a homogenization treatment, the alloys are cooled and then heated to an intermediate temperature for a controlled precipitation step. The broad composition range as listed in U.S. Pat. No. 4,116,723 encompass in part the composition ranges of the present invention, although the composition of the present invention produces properties which are substantially improved over any properties shown in U.S. Pat. No. 4,116,723. |
Social Media, Stress, and Substances
By: Sarah Glaswand
A recent article in the New York Times, Suicide on Campus and the Pressure of Perfection , discussed the increased suicide rate among teens and young adults. The piece outlined many contributing factors, including pressure and over-involvement from parents, the high demands of course work, and low self-worth. As a social media strategist working at a leading behavioral health and addiction treatment center, one of the things that stood out to me is the correlation between mental health and social media.
The article discusses a theory about social comparison, where individuals base their own value by comparing themselves to their peers. Because we live in the age of technology, these perceptions and comparisons are often faulty. Between Facebook, Instagram, and Snapchat, people have the ability to craft their own narrative and create a public persona. By strategically posting certain photos, an individual can appear happy and well-liked; having a ‘perfect’ life, regardless of what is truly going on inside. Social media provide a digital mask behind which people can hide.
This digital mask creates many issues. For the individuals creating a public persona, it can be extremely stressful to feel the pressure of maintaining the narrative they’ve invented. They’ve set expectations for themselves that transcend the digital space and become what’s expected in real life as well. For individuals viewing the personas of their peers, it is easy to perceive these masks as reality and fall into depression when their own lives don’t measure up. As the article notes, “anxiety and depression, in that order, are now the most common mental health diagnoses among college students, according to the Center for Collegiate Mental Health at Penn State .”
Digital masks also contribute to and can often exacerbate the shame an individual already feels. Through the narrative some individuals create, their lives look effortless; they appear accomplished in academics, extracurriculars, and in social circles. Someone who is on the outside, looking in, and who is struggling academically, socially, or both, might feel less than as a result of viewing these digital personas. “According to Dr. Anthony L. Rostain, a pediatric psychiatrist on Penn’s faculty who was co-chairman of the task force on student psychological health and welfare, ‘Shame is the sense one has of being defective or, said another way, not good enough,’” the article shares.
One of the women the article focuses on turns to cutting as a way to deal with her depression and shame. While not discussed in the article, we know that individuals also turn to substances. Alcohol and other drugs are often used to numb oneself – a way to avoid or repress feelings like shame and depression. Unfortunately, due to the cyclical nature of substance abuse and addiction, using drugs or alcohol can result in a dependence on the substances both physically as well as psychological, which further contributes to the shame an individual is feeling. This can create a downward spiral from which the individual doesn’t see a way out.
It’s important to know that treatment centers like Caron exist, which focus on holistically treating individuals and address all their behavioral health issues, including depression, shame, and any other co-occurring issues or disorders. Through comprehensive treatment that addresses the mind, body, and soul, individuals can recover and go on to lead healthy and productive lives. Following 12-step principles such as acceptance, self-awareness, and spirituality, allow individuals to become better versions of themselves and have new outlooks on life.
If you or a loved one may have an issue with substance abuse or addiction, Caron can help. Contact us at 484-345-2859orwww.caron.org. |
/*
* This file is part of ORY Editor.
*
* ORY Editor 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 3 of the License, or
* (at your option) any later version.
*
* ORY Editor 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 ORY Editor. If not, see <http://www.gnu.org/licenses/>.
*
* @license LGPL-3.0
* @copyright 2016-2018 Aeneas Rekkas
* @author Aeneas Rekkas <aeneas+oss@aeneas.io>
*
*/
import expect from 'unexpected';
import HoverService, {
classes as _c,
defaultCallbacks,
computeLevel,
} from '../index';
const cases = [
{
d: 'basic left',
in: {
room: { width: 100, height: 100 },
mouse: { x: 0, y: 50 },
hover: undefined,
},
actions: (done: () => void) => ({
leftOf: (item, hover, level) => {
expect(level, 'to be', 10);
expect(item.id, 'to be', 'foo');
done();
},
}),
},
{
d: 'basic',
in: {
room: { width: 100, height: 100 },
mouse: { x: 99, y: 50 },
hover: undefined,
ancestors: undefined,
},
actions: (done) => ({
rightOf: (item, hover, level) => {
expect(level, 'to be', 9);
expect(item.id, 'to be', 'foo');
done();
},
}),
},
{
d: 'basic ii',
in: {
room: { width: 100, height: 100 },
mouse: { x: 95, y: 50 },
hover: undefined,
ancestors: undefined,
},
actions: (done) => ({
rightOf: (item, hover, level) => {
expect(level, 'to be', 5);
done();
},
}),
},
{
d: 'basic iii',
in: {
room: { width: 100, height: 100 },
mouse: { x: 92, y: 50 },
hover: undefined,
ancestors: undefined,
},
actions: (done) => ({
rightOf: (item, hover, level) => {
expect(level, 'to be', 2);
done();
},
}),
},
{
d: 'basic iv',
in: {
room: { width: 100, height: 100 },
mouse: { x: 89, y: 50 },
hover: undefined,
ancestors: undefined,
},
actions: (done) => ({
rightOf: (item, hover, level) => {
expect(level, 'to be', 0);
done();
},
}),
},
{
d: 'corner c3 i',
in: {
room: { width: 100, height: 100 },
mouse: { x: 98, y: 95 },
hover: undefined,
ancestors: undefined,
},
actions: (done) => ({
rightOf: (item, hover, level) => {
expect(level, 'to be', 0);
done();
},
}),
},
];
describe('HoverService', () => {
it('should have as many classes as callbacks', () => {
expect(
Object.keys(defaultCallbacks).length,
'to be',
Object.keys(_c).length
);
});
cases.forEach((c) => {
it(`should pass test case ${c.d}`, (done) => {
const h = new HoverService({
callbacks: defaultCallbacks,
});
h.hover(
{
id: 'foo',
// eslint-disable-next-line @typescript-eslint/no-explicit-any
node: { id: 'foo', levels: {} as any } as any,
rawNode: () => ({ id: 'foo' }),
// eslint-disable-next-line @typescript-eslint/no-explicit-any
} as any,
// eslint-disable-next-line @typescript-eslint/no-explicit-any
(c as any).hover || {
node: {
levels: {
right: 10,
left: 10,
above: 10,
below: 10,
},
},
rawNode: () => ({ id: 'foo' }),
},
// eslint-disable-next-line @typescript-eslint/no-explicit-any
c.actions(done) as any,
{
room: c.in.room,
mouse: c.in.mouse,
ancestors: c.in.ancestors,
// eslint-disable-next-line @typescript-eslint/no-explicit-any
} as any
);
});
});
});
describe('computeLevel', () => {
[
{
i: { size: 10, position: 0, levels: 10 },
e: 0,
},
{
i: { size: 10, position: 10, levels: 10 },
e: 10,
},
{
i: { size: 10, position: 5, levels: 10 },
e: 5,
},
{
i: { size: 20, position: 10, levels: 10 },
e: 5,
},
].forEach((c) => {
it('should compute the right levels when not enough space is available', () => {
expect(computeLevel(c.i), 'to equal', c.e);
});
});
[
{
i: { size: 121, position: 50, levels: 10 },
e: 0,
},
{
i: { size: 121, position: 51, levels: 10 },
e: 0,
},
{
i: { size: 121, position: 120, levels: 10 },
e: 10,
},
{
i: { size: 121, position: 52, levels: 10 },
e: 1,
},
{
i: { size: 121, position: 79, levels: 10 },
e: 2,
},
{
i: { size: 121, position: 94, levels: 10 },
e: 3,
},
{
i: { size: 121, position: 102, levels: 10 },
e: 4,
},
{
i: { size: 121, position: 107, levels: 10 },
e: 5,
},
{
i: { size: 121, position: 111, levels: 10 },
e: 6,
},
{
i: { size: 121, position: 114, levels: 10 },
e: 7,
},
{
i: { size: 121, position: 116, levels: 10 },
e: 8,
},
{
i: { size: 121, position: 118, levels: 10 },
e: 9,
},
{
i: { size: 121, position: 119, levels: 10 },
e: 10,
},
].forEach((c) => {
it('should compute the right levels when in a large cell', () => {
expect(computeLevel(c.i), 'to equal', c.e);
});
});
});
|
253 F.Supp.2d 85 (2003)
UNITED STATES of America, Plaintiff,
v.
BOSTON SCIENTIFIC CORPORATION, Defendant.
No. CIV.A.00-12247-PBS.
United States District Court, D. Massachusetts.
March 28, 2003.
*86 Drake Cutini, Patrick Jasperse, U.S. Department of Justice, Office of Consumer Litigation, Washington, DC, Anita Johnson, Assistant U.S. Attorney, United States Attorney's Office, John Joseph Moakley Federal Courthouse, Boston, MA, for USA, Plaintiff.
Robert H. Cox, Jennifer A. Zenker, Howrey & Simon, Washington, DC, Robert F. Ruyak, Alan M. Wiseman, P. Todd Mullins, Douglas S. Onley, Howrey, Simon, Arnold & White, LLP, Washington, DC, Steven M. Bauer, Kurt W. Lockwood, Test, Hurwitz & Thibeault, LLP, Boston, MA, for defendant.
MEMORANDUM AND ORDER
SARIS, District Judge.
INTRODUCTION
The government seeks the maximum possible civil penalty of $35 million against defendant Boston Scientific Corporation ("BSC") on the ground that BSC violated a consent order of the Federal Trade Commission ("FTC") that was designed to ensure competition in the intravascular ultrasound ("IVUS") catheter market. The FTC argues that BSC's transgressions decreased competition in the IVUS market by driving Hewlett-Packard Company ("HP") out of the market, which reduced the number of IVUS competitors from three to two; that BSC's violations impaired innovation in catheter technology; that BSC acted in bad faith; and that a large sanction is necessary to vindicate the authority of the FTC. Arguing no-harmno-foul, BSC argues that any violations were minimal; that it did not profit from any violations; that innovation and competition flourished; and that HP would have left the market in any event. BSC urges a rock bottom fine.
After a trial on the penalties on August 5-9, 2002 and September 17-20, 2002, and review of the submissions, the court orders entry of judgment against BSC in the amount of $7,040,000.
FINDINGS OF FACT
Assuming familiarity with United States v. Boston Scientific, 167 F.Supp.2d 424 *87 (D.Mass.2001), I make the following findings of fact:
I. Background on Intravascular Ultrasound
A. Coronary Artery Disease and its Treatment
Coronary artery disease is the leading cause of death in this country. Many Americans build up cholesterol and other fatty substances in their arteries, which narrow the arteries and allow less room for blood to flow. The result of this buildup, called plaque, can be chest pain, a heart attack, or a stroke.
Angiography is the basic method of trying to assess the condition of a coronary artery. Angiography involves injecting dye into the coronary arteries and then taking an X-ray that produces a silhouette of how much blood is flowing though the artery. The two-dimensional projection provided through angiography is, however, of limited value in making a diagnosis and determining the best type of treatment. Although angiography shows the width of the artery that remains open, it cannot measure how much plaque has built up in the artery's walls or detect the presence of calcium.
Intravascular ultrasound refers to ultrasound imaging from inside the vascular system, or arteries. IVUS produces a three-dimensional picture of the artery that precisely measures the degree to which the artery has narrowed, what type of plaque has collected, and the length and distribution of that plaque. IVUS reveals the coronary pathology and the coronary measurements with a much better level of precision than angiography. One study showed that 36% of the participants had plaque not seen on the angiograms. Many leading physicians believe that both angiography and IVUS should be used to diagnose the situation, determine whether treatment is necessary, guide which type of treatment is appropriate, and follow up afterward to determine whether the treatment was successful.
The two most common methods of treating diseased arteries are angioplasty and stents. Angioplasty involves the dilation of a balloon to further open the artery. A stent is a metal scaffold that is placed in the artery to prop it open. IVUS shows whether a stent was positioned properly, and enables the doctor to correct the misplacement. Catheters can also be used to cut through plaque.
In addition to diagnosing and treating artery disease that already exists, IVUS is an important tool for research aimed at preventing the disease. Because coronary artery disease is such a significant health problem, pharmaceutical companies are working to develop drugs to help prevent the accumulation of plaque, and the precise measurement that IVUS affords is being used to evaluate the effectiveness of new drugs in FDA-approved clinical trials.
B. How Intravascular Ultrasound Works
An IVUS console attaches to the patient interface unit (sometimes called a "motor drive unit") that in turn connects to the IVUS catheter. The IVUS catheter is a flexible narrow tube that contains a hub on the near end, a drive cable, and a transducer on the far tip. The transducer sends out ultrasound waves that reflect off the artery's walls; a receiver measures the amount of returned energy, producing the 360-degree image of the artery and blood vessel.
There are two forms of IVUS imaging technology. "Phased array" catheters use several stationary transducers. Endosonics Corporation ("Endosonics") manufactured and sold phased array catheters. *88 "Mechanical" catheters contain a single transducer that is spun by a drive cable. The hub of the catheter plugs into the patient-interface unit, which spins the core of the catheter and transmits the electrical impulses. The console controls the catheter and processes the images that come back. BSC and Cardiovascular Imaging Systems, Inc. ("CVIS") manufactured and sold mechanical catheters.
In an IVUS procedure, a guidewire is inserted into the guide catheter and advanced into the coronary arteries. The IVUS catheter then rides the guidewire like a railroad track into the coronary arteries and takes pictures of the artery. The IVUS catheter is pulled back, either manually by the physician or at a fixed rate of speed by an automatic pullback device. If angioplasty or a stent is used to treat the artery, the IVUS procedure often is repeated to determine the effectiveness of the treatment.
IVUS catheters are distinguished by their diameter size and ultrasound-wave frequency. A catheter's diameter size is measured in "French" (e.g., "3.2 F"). One French is approximately one-third of a millimeter, which means that a 3 F catheter is about 1 millimeter in diameter. The smaller the catheter, the easier it is to maneuver inside the artery and the harder it is to incorporate a transducer that produces an adequate image. Ultrasoundwave frequency is measured in megahertz (e.g., "30 MHz"). Generally, the greater the wave frequency, the better the image.
IVUS catheters include both coronary catheters and peripheral catheters. Coronary catheters are used primarily by interventional cardiologists who treat coronary artery disease; coronary catheters account for approximately 95% of the IVUS catheter market. Peripheral catheters are used primarily by vascular surgeons and interventional radiologists in the larger, noncoronary arteries, such as the carotid and iliac arteries.
C. IVUS Competition before the BSC-CVIS-SCIMED Merger
Prior to 1995, HP was a leader in the sale of IVUS consoles, which it manufactured for use with BSC's IVUS catheters. Before the merger, HP did not make catheters and BSC did not make consoles. CVIS made both catheters and consoles. The BSC catheters had hubs that, prior to the merger, were interfaced solely to the HP consoles. The CVIS catheters had hubs that, prior to the merger, were interfaced solely to the CVIS consoles. BSC and HP had a joint marketing agreement from 1992 to 1995 under which, in addition to selling its catheters, BSC assisted in the sale of HP consoles and provided support to customers who used the BSC-HP IVUS system.
Before the merger, the BSC-HP system competed vigorously against the CVIS system, with each system controlling roughly half of the IVUS customers. Of the IVUS hospitals or other medical facilities in the United States, about 50% had installed HP consoles and about 40% had installed CVIS consoles. Of the IVUS catheters sold every year, about 40% were BSC catheters and about 50% were CVIS catheters. Endosonics, with its phased-array catheters and consoles, held the remaining shares of the console and catheter markets.
HP's long experience in general ultrasound gave HP an edge in the manufacture of consoles and transducers, the key components for image quality. The images created by the BSC catheter (the "Sonocath") on the HP console (the "SNOS 100") were considered the "gold standard" in the industry, generally superior to the images created on the CVIS or Endosonics systems. However, the Sonocath catheter had poor quality ergonomics because it was hard to insert. The CVIS *89 catheter (the "Ultracross"), in contrast, had good handling capabilities.
At the time of the merger, only CVIS had an automatic pullback device ("APD"), a sled-like tool designed to allow the catheter's transducer to be pulled back automatically within the artery in a smooth manner at a fixed rate of speed, allowing better measurement of the length of lesions and blockages within the artery. CVIS held the Webler patent on the APD device. The APD was essential to many research projects and also was preferred by some physicians for day-to-day clinical use. Prior to the merger, CVIS was in the marketplace touting the advantages of APD.
The doctors who regularly used and endorsed the APD, such as Dr. Steve Nissen, Dr. Gary Mintz, and Dr. Peter Fitzgerald, were among the leading IVUS physicians, and their opinions were enormously important in this emerging field of diagnostic technology. Dr. Nissen is vice chairman of the department of cardiology at the Cleveland Clinic, one of the country's leading IVUS research institutions. The Washington Hospital Center, where Dr. Mintz was director of the coronary ultrasound program, was the largest IVUS catheter customer in the world. Doctors Fitzgerald, Mintz, and Nissen all were members of BSC's Physician Advisory Board, all were considered among a handful of "luminaries" in the field, and all were involved in teaching other doctors how to use IVUS. BSC believed in 1995 that it was important from a marketing perspective to be in a position to provide APDs with the consoles and catheters.
II. The BSC-CVIS-Scimed Merger and its Fallout
A. The Proposed Merger and the FTC Suit
In 1994, BSC announced that it planned to acquire CVIS and SCIMED Life Systems, Inc. ("SCIMED"). SCIMED was in the process of developing an IVUS catheter and was preparing to enter the IVUS catheter market. The jewel of the prospective merger, however, was CVIS. BSC wanted to obtain CVIS's intellectual property; at that time, BSC and CVIS were engaged in a patent infringement action over the IVUS technology. Competition between the two was intense, and the competition was a major catalyst for catheter innovation. In a game of one down-manship, each company competed to create smaller and smaller diameter catheters. CVIS and SCIMED were also involved in an intellectual property dispute, which BSC resolved by buying them both.
With these acquisitions, BSC would become a manufacturer of both catheters and consoles. The merger would virtually clear the field of catheter competition: The BSC-CVIS-SCIMED entity would have 90% of the total IVUS catheter market, would have no mechanical IVUS catheter competitor, and would become the sole supplier of catheters to its only IVUS console competitor, HP. The FTC filed suit in the District Court for the District of Columbia, seeking an injunction on the ground that the merger would substantially lessen competition and tend to create a monopoly in the market for IVUS catheters.
Initially BSC was unable to persuade the FTC to permit a merger that gave it a 90% share of the IVUS catheter market in the United States. However, shrewdly playing the inside-the-beltway game, BSC replaced New York counsel with Michael Sohn of Arnold and Porter, who was the former General Counsel of the FTC. With Sohn's assistance, the FTC retreated, and allowed the acquisitions to go ahead on the condition that BSC share its technology to *90 allow HP to enter the catheter field as a competitor.
B. The Negotiations between BSC and HP
Cognizant of the need to license its technology to prevent the FTC from derailing its merger plans, BSC began negotiating a technology transfer agreement with HP in late 1994; the parties signed an agreement (the "Agreement") on February 21, 1995. Nancy Kerins, the general manager of HP's interventional cardiology program, was HP's lead negotiator. Also participating in the negotiations for HP were Cynthia Danaher, Mark Low, and Al Kyle. The lead negotiator for BSC was Joseph Ciffolillo, the company's chief operating officer. Also involved was Paul Sandman, Esq., the Senior Vice President and General Counsel of BSC. During the negotiations, drafts of the proposed Agreement were exchanged and reviewed by attorneys for BSC.
Danaher, a graduate of Harvard's MBA program, began at HP in 1984, and within a year became general manager of imaging systems, which included HP's flagship ultrasound systems. When HP decided to enter the IVUS catheter market, Danaher's division took responsibility for developing the business, although Danaher, herself, was lukewarm on the project. HP's business objective was to protect and maximize its console program, which was HP's core IVUS business. IVUS was a niche product at HP and represented only 5% of the profits of the Imaging Systems Division.
Because the customers and medical luminaries (like Dr. Mintz, Dr. Fitzgerald, and Dr. York) told HP that the APD was important for success in the field, Danaher and other negotiators at HP fought for the rights to the APD in the negotiation with BSC. She told Ciffolillo how important APD was to the deal. Because obtaining rights to the APD was important to HP, HP's negotiators consistently told BSC that the APD must be included in the licensing agreement.
Catheter availability was essential to placing consoles into the field (the "installed base"). The early and mid-1990s were an era of rapid innovation, as BSC and CVIS came out with a series of new catheters. While IVUS catheters cost several hundred dollars and are used once and then discarded, IVUS consoles cost around $125,000 and can be used indefinitely. In making the big, long-term capital investment in a console, buyers wanted to make sure that the console would continue to have access to the latest technology and be able to operate newly developed catheters. Hospitals did not want to spend well over $100,000 on a machine that quickly would become antiquated and would be unable to run the newest, best catheters. Consequently, HP wanted to make sure that its console customers would have access to the latest developments in IVUS catheter technology. Indeed, while HP expected its catheter business to be profitable, much of its commitment to developing an IVUS catheter was motivated by its desire to protect its console base.
The negotiations over the BSC-HP agreement concluded over a hurried President's Day weekend in February 1995. On February 17, while reviewing HP's proposed agreement, one of BSC's lawyers crossed out ¶ 2's last sentence, which incorporated an attachment listing the Webler patent claiming the APD technology; the BSC lawyer also added the margin notation "delete last sentence." The attachment that listed the Webler patent was prepared by someone asked to list all the CVIS intellectual property. The harried legal staff reviewing the agreement did not edit the list to contain only the technology BSC intended to transfer. Indeed *91 BSC points out that the list was over-inclusive; for example, some of the patent claims pertained to consoles. Top managers at BSC (like Paul Sandman) did not intend to include the APD for the same reason that HP wanted the APD: because they all believed exclusive rights to the APD were important to maintain a competitive edge.
Nonetheless, when the February 21, 1995 Agreement with HP was reached, it provided:
2. BSC hereby grants to HP, as of the Effective Date, a license to certain patents and technology (the "Licensed Technology") for use in the manufacture and sale of Licensed Products, as defined below. The Licensed Technology shall include all issued patents of BSC, SCIMED and CVIS used for the development, manufacture and sale of Licensed Products, including but not limited to, those listed on Exhibit A and all exiting know-how of SCIMED and CVIS that is used or intended for use in the development, manufacture and sale of Licensed Products. BSC further agrees that it will not in perpetuity assert any of its rights including but not limited to patents derived from CVIS and SCIMED under issued patents and patents which subsequently issue on presently pending applications and continuations thereof, or patent rights arising from inventions disclosed to BSC, CVIS or SCIMED prior to the Effective Date, in a way that would prevent HP from practicing any of the Licensed Technology to manufacture, use or sell Licensed Products. "Licensed Products" are ultrasound imaging catheters, imaging cores and imaging guidewires which are designed for diagnostic or therapeutic use, or both, in the human coronary and peripheral vascular system. This definition includes and is no narrower than the collective claims of the patents (for coronary and peripheral vascular applications) listed on Exhibit A.
(Pl's. Ex. 2 (Agreement) ¶ 2 (emphases added).) The Webler patent claiming APD technology was expressly included in Exhibit A, which listed the intellectual property that BSC was agreeing to license to HP in the Agreement.
In addition to the technology-transfer provision, the Agreement also (1) required that 180 days before the commercial introduction of a new catheter, BSC would provide to HP the technical specifications needed to interface the catheter with HP consoles (¶ 7), and (2) contained an interim supply commitment under which BSC agreed to supply HP with all BSC catheters at a below market price for resale by HP, for a period of several years (¶ 8).
C. The FTC's Authorization of the Merger
On February 23, 1995, the FTC and BSC entered into an agreement containing a consent order (the "Order"), and the FTC allowed the BSC-CVIS-SCIMED merger to go forward. The FTC Order explicitly stated that its purpose was "to create an independent competitor in the development, production and sale of IVUS catheters and to remedy the lessening of competition resulting from the CVIS Acquisition and SCIMED Acquisition." The Order required BSC to license its IVUS technology to HP. The FTC's goal was to ensure that a new competitor emerge to replace the competition in the IVUS catheter market lost by BSC's acquisition of CVIS and SCIMED. Previously BSC and CVIS competed in the IVUS catheters market, and HP and CVIS competed in the console market. Under the FTC order, the FTC hoped HP and the merged BSC/CVIS/SCIMED entity would compete in both markets. From the public's point *92 of view, however, the deal had few teeth: HP made no guarantees it would stay in the market, and BSC got 90% of the catheter market. The FTC withdrew its suit and request for an injunction.
The FTC Order defined "IVUS Technology Portfolio" to mean BSC's, CVIS's and SCIMED's patent rights "relating to IVUS catheters." The Order required BSC "absolutely and in good faith" to license sthe IVUS technology portfolio
1. to Hewlett-Packard Company, within ten days after the date this Order becomes final, pursuant to, and in accordance with, the February 21, 1995 agreement between Respondent and Hewlett Packard, which agreement is appended to this Order in Confidential Appendix II; or
2. to a person that receives the prior approval of the Commission and only in a manner that receives the prior approval of the Commission.
(Pl's. Ex. 422 at 5 (emphasis added).)
The Order was poorly drafted, in that it was inconsistent with portions of the HP/ BSC agreement, and did not plainly incorporate all of the provisions of the full agreement. Taken together, the Order and/or Agreement required BSC to carry out three essential activities. First, both the Order and the Agreement required BSC to license its IVUS intellectual property to HP. Second, the Agreement (but not the Order) required BSC to give HP certain technological information about any new BSC catheter 180 days before bringing the new catheter to the market. Third, both the Order and Agreement required BSC to sell its IVUS catheters to HP for resale for several years under an interim supply agreement.
The first requirement would permit HP to develop its own IVUS catheter. The other requirements were meant to secure the continuing viability of HP's console in the marketplace by ensuring that HP's console base would be fed the same supply of catheters as BSC's base. The 180-day requirement would allow HP's console to operate any new BSC catheter the moment the new catheter became available. The interim supply agreement would enable HP to sell BSC's catheters to HP's console customers until HP's own catheter was ready.
Although the inclusion of the APD in Exhibit A satisfied HP that BSC was, in fact, obligated to license the patent for the APD to HP, the FTC itself never focused on the APD during negotiations over the Order.
D. Implementation Issues
From the get-go, HP's relations with BSC in implementing the Order and Agreement were complicated. HP was not allowed to go into BSC's factory initially while a confidentiality agreement was being negotiated. This delay lasted about three weeks, but eventually the initial technology transfer went relatively smoothly and in good faith. John Rourke was the pointperson for the technology transfer at HP, and John Maroney (whom he later worked for) was the key person at BSC. They developed a grudging respect for one another. However, throughout this 1996 to 1998 time period, HP's Peter Dorward complained that he engaged in a letter writing contest with BSC about the implementation of the open interface agreement, the interim supply agreement, getting information about BSC's catheters, and, notably, the APD.
Within days after the HP-BSC agreement was signed, a heated dispute ignited over the APD. HP's counsel Robert Skitol sent a draft letter of understanding, which stated: "The term `Licensed Products' in Paragraph 2 as well as the term `Catheters' *93 in Paragraph 8 are also understood to include all existing BSC and CVIS catheter accessories." (Pl's. Ex. 692 ¶ 1.) BSC's attorney annotated the margin, "No!" (Id.) BSC informed HP that the inclusion of the Webler patent was in error. Ciffolillo told Danaher, "We did not mean it," to which Danaher retorted, "Well, it's in there." BSC's Maroney told HP's Dorward and Rourke that the Webler patent was included in the list as a mistake. BSC took the position that the field of use language in the Agreement ("catheters, cores, and guidewires") narrowed the rights to the patents.
BSC did not want to approach the FTC staff to resolve the dispute, believing that FTC involvement would worsen the situation for BSC. HP did not tattletale to the FTC because Danaher wanted to build a relationship based on trust and did not want to jeopardize a good working relationship, which was necessary for the transfer of technology; she also believed the rights to the APD were clearly in the agreement. In a meeting on April 11, 1995, according to contemporaneous HP notes, General Counsel Paul Sandman said:
FTC was interested in having a credible licensee in hand and therefore willing to accept a variety of discrepancies between Consent Order and Licensing Agreement. Licensing agreement prevails over Consent Order, wherever there are discrepancies.
[I] [f]eel[ ] the Agreement is a flawed one, but that it cuts both ways. BSC wants to stay with the Agreement and not open it up for re-negotiation.
Change to Agreement will require further review by Staff and Commission. "Anytime the Staff has looked at this, it's gotten worse for us." Also, any changes will delay the close of the Hold Separate Agreement, which is a daily irritant.
(Pl's.Ex. 298.) BSC's consistent position was that the Agreement with HP would trump the Order to the extent there were inconsistencies.
BSC and HP worked to clarify parts of the Agreement that were unclear or that conflicted with the terms of the Order. As part of these clarification discussions, BSC disputed HP's rights to the APD, claiming that the inclusion in Exhibit A of the intellectual property for the APD was a mistake. After BSC claimed it had not licensed rights to the APD, HP, thinking BSC's position "laughable" (John Rourke's words), rebuffed BSC's effort during the clarification talks to strip the APD patent from the Agreement. When BSC refused to move from its position that HP did not have rights to the APD, HP dropped the matter, concluding the "[pjullback is ours under Exhibit A" and that to continue to negotiate on the point "would undercut that position." (Pl's. Ex. 74 (cover marginalia).) The clarification letter to which HP and BSC ultimately agreed on April 19, 1995 contained no reference to APD.
BSC's August 7, 1995 compliance report to the FTC [1] did not appraise the FTC of *94 the ongoing dispute over the inclusion of the APD. BSC attached the clarification letter and related correspondence to the compliance report. The clarification letter suggested that there was no ongoing dispute, when BSC knew that was not true. Nothing in the clarification letter altered BSC's obligation to license to HP the Webler Patent which covered the APD technology. The Court does not credit BSC's explanation that it believed the matter was resolved in its favor as a result of the clarification discussions. Because BSC's compliance report to the FTC did not fairly present the "substantive contacts" over the ongoing dispute regarding the APD, it was materially misleading.
E. Competition between BSC and HP
Competition between HP and BSC intensified over the development of new catheters. As a business strategy, HP decided not to do a "me-too" catheter, and began development of the "Scout" catheter. HP charged its top talent with achieving optimal image quality. Dorwood, an engineer with a master's degree in electrical engineering from Dartmouth, became the IVUS program manager; Roarke, a gifted engineer with a master's degree in mechanical engineering from MIT, became the point person for catheter research and development. In the spring of 1996, HP developed a distribution partnership with Guidant to develop the Scout device. Although the development of the catheter was impeded to some degree by an unrelated problem with the FDA in the ultrasound quality area in June 1997, which diverted personnel for several months, Scout was ready to come to market in 1998.
HP was also eager to develop an APD. Its first partner was INDEC. However, on January 9, 1996, BSC's patent counsel sent INDEC an ominous letter suggesting infringement of BSC's Webler patent as a result of the distribution of INDEC APDrelated product literature from the HP booth at a November 1995 American Heart Association meeting. INDEC, which had only a crude APD prototype, pulled back from any further work on APD development, dealing a setback to HP. BSC protests any suggestion that its patent counsel's letter was written in bad faith, pointing to the Agreement's provision allowing HP to sell licensed products manufactured for it by a third party, but not allowing the same manufacturer to sell the licensed product.[2] While BSC was correct that INDEC could not itself sell the APD, the letter to INDEC from BSC's patent counsel did not draw this distinction. Meanwhile, BSC was training its sales representatives that it had exclusive rights to manufacture and sell the APD covered by the CVIS patent, and that HP did not have any right to the APD. The sales force transmitted this information to customers in the marketplace.
*95 On December 11, 1997, HP, after a lengthy negotiation, entered into a deal with Quinton Instrument Co. to develop the APD as part of a larger manufacturing and distribution relationship between the two parties. It contained an indemnity provision in the event of patent infringement litigation with BSC.
On July 30, 1997, the FDA approved Quinton's APD device. It was on the market by early 1998. No one legally challenged Quinton's right to manufacture the APD.
F. The Discovery Catheter
Spurred on by reports of the nascent Scout catheter, BSC also pursued the development of new catheters. In 1995 and 1996, BSC began developing the Discovery Catheter, the next-generation catheter after CVIS's Ultracross. Discovery was intended to be smaller, have better handling characteristics, and have improved imaging qualities by increasing the ultrasoundwave frequency from 30 to 50 MHz. BSC planned to launch Discovery in March 1998 to beat out the Scout catheter. The first Discovery Catheters were shipped to customers in the United States on June 3, 1998, although BSC had been distributing samples and sales promotional materials earlier. Discovery was recalled temporarily because of technical problems with the sheath in September 1998, and was permanently recalled in June 1999.
In 1997 and 1998, BSC touted the Discovery catheter in the marketplace, while making it clear to customers (like Dr. Nissen) that HP would not be able to sell this "next generation" device.[3] Though HP was eventually given the opportunity to provide an interface to its console for the Discovery, there was some initial marketplace confusion on that point as well.
HP requested the Discovery Catheters under the Agreement's interim supply provision. Denying this request, BSC took the position that HP was not entitled to the Discovery catheter because it had a "removable imaging core," which allowed the core to be salvaged if the sheath were damaged in the factory. This was a pretext. While the removable core had some manufacturing benefits, it had little discernible medical purpose. Indeed, part of the reason for creating the removable core was to impede HP's access to it under the interim supply agreement. Contemporaneous notes from an October 14, 1997 BSC staff meeting state that the Discovery catheter could "replace Ultracross 30 MHz & screw over H.P." (Pl's. Ex. 155 at 2 (emphasis added).) Other than the Discovery catheter, BSC sold (or offered to sell) all other catheters to HP in 1995,1996 and 1997. Altogether, BSC sold over 15,000 catheters to HP.[4]
HP and BSC had minor skirmishes over other issues. For example, in 1997 BSC failed to meet the Agreement's 180-day notification requirement for two new and different peripheral, low-volume catheters.
G. The FTC Enters the Fray
On July 9, 1997, the FTC compliance division issued its interpretation of the Order, as applied to BSC's Discovery catheter and APD:
BSC argues that HP has had the requisite 180 day notice to interface its console with BSC's removable core *96 catheter, and HP, therefore, is not competitively disadvantaged if it is unable to purchase these catheters pursuant to the interim supply agreement. Additionally, BSC asserts that HP could make its own removable core catheter. The Order is clear that BSC has no role in determining what it must supply to HP to assure HP's effectiveness as an independent competitor. Paragraph III of the Order requires BSC to supply the License for up to three years with the "quantities 4and types of IVUS Catheters as may be requested by the Licensee...." Order Paragraph I defines IVUS Catheters to mean "intravascular ultrasound catheters, intracardiac ultrasound catheters, removable imaging cores used in intravascular or intracardiac ultrasound imaging and intravascular imaging guidewires." Emphasis added. The Order clearly anticipates, therefore, that, for up to three years, HP may determine the types and amounts of IVUS Catheters to be provided under the interim supply agreement.
The dispute concerning the automatic pullback device also remains to be resolved. Although BSC does not argue that the patent for this device is not included in the Exhibit A list of patents covered by License Agreement, it does argue that the License Agreement's definition of Licensed Products places a use limitation on the enumerated patents to exclude uses of a patent other than for the development, manufacture, and sale of ultrasound imaging catheters. Specifically, BSC states that the automatic pullback device is not part of a catheter but is, instead, an enhancement to the console. Attempting to define the device as part of the catheter or part of the console, is not, however, productive. The patent for the automatic pullback device is indisputably included in the list of patents to be licensed. BSC further alleges, however, that significant time pressures prevented it from identifying non-catheter patents to be excluded from the License. The interpretation of this use limitation BSC now wishes to impose on the meaning of the patent list is not only unclear, it seems to contradict other language in that very paragraph stating that the definition is "no narrower" than the claims of the patents listed in Exhibit A. To agree with BSC's position, moreover, would yet again thwart the purposes of the Order. Without access to the automatic pullback device, catheters compatible with that device cannot be used to their full capability on HP's console, which would limit the open interface objective of Paragraph 7.
(Pl's. Ex. 724 at 3-4.) BSC disagreed with both positions but did not seek an advisory opinion from the FTC.
As the dispute with the FTC and HP intensified in March 1998, BSC made a settlement offer to license the Webler Patent to HP and to sell a limited number of Discovery Catheters to HP until the Scout Catheter was commercially available. HP rejected the settlement offer.
H. HP Exits the IVUS Market
In February 1998, the HP Scout catheter was trumpeted as a great success at a national trade show. The Scout catheter had an integrated "fishing reel" automatic pullback device, instead of the separate APD sled. It was a tremendous success in the initial human studies.
But only one month later, Danaher tentatively decided to withdraw from the catheter field, and began the process of vetting the decision with her team and HP management. Three reasons factored into Danaher's decision. First, the IVUS market *97 did not grow as much as originally hoped. Second, the heartland business of HP, which was ultrasound, was tottering and HP was losing market position and profitability; she wanted to refocus on HP's profit center.
Third, implementation of the HP-BSC agreement was so tedious that it was like a "walk through molasses." Disputes with BSC took up 50-75% of Dorward's time. Danaher's perception was that BSC battled over everything. Danaher spent 30% of her time while she was manager of the Ultrasound Division working out disputes with BSC. Having trusted Ciffolillo of BSC, she was personally hurt at BSC's intransigence. From her sales force, Danaher heard that customers were discouraged because they believed that HP could not supply them with the Discovery Catheters or the APD. Danaher felt that this catheter unavailability would hurt HP's position in the market place. While HP did not anticipate making money on the catheters it bought from BSC under the interim supply agreement, the availability of these catheters was necessary to make a profit on the consoles and to maintain the installed console base.
Of apparent concern, HP's share in the console market in the United States dropped from approximately 40-45% of the market in late 1995 and early 1996 to around 20% when it exited. While BSC's expert Dr. James Langenfeld disagreed that HP lost a significant amount of installed console base at the time it departed, there is no dispute that HP's sales of new consoles was declining. According to Langenfeld, HP sold 70 consoles in 1995; 44 consoles in 1996, 49 consoles in 1997, and 19 consoles in 1998.[5] The FTC's expert, Dr. Laurence Schumann, showed an even steeper decline in sales. Danaher attributed HP's decline in console sales to the uncertainty in the marketplace as to whether BSC's catheters (including the Discovery Catheter) would interface with HP's console and whether HP could supply them with its own catheters or the APD, and to the fact that the IVUS market did not expand as explosively as predicted.
The catheter issues particularly troubled HP. Leaders in the IVUS industry were vocal to Danaher about concerns that HP would not be able to supply catheters. In addition, BSC took the position that it would not permit the Scout catheter to interface with its new consoles because it was not "native technology."[6] Therefore, *98 HP was faced with the prospect of the Scout catheter being able to run on only 25% of the installed console base. This problem could have been exacerbated by the emerging practice of "bundling," where console customers would receive a discount in return for agreeing to a long-term contract to buy catheters from the console manufacturer; customers would be less willing to enter into bundling agreements with HP, if there were uncertainty over the supply of catheters to HP's console. While bundling contracts represented only 20% of BSC's console sales prior to HP's exit, bundling was growing in significance before HP exited.
In October 1998, the Scout catheter was complete. HP had FDA approval, it excelled in the largest cardiologic interventional show in the country, and the distribution arrangement with Guidant was in place. Leading cardiologists were "wildly" enthusiastic and "exuberant" about the Scout catheter because of its great image and integrated APD, which had better ease of use than the CVIS or Quinton APD. Nonetheless, in November 1998, HP withdrew from both the catheter and console markets. The Scout catheter has never been commercially released.[7]
In January 1999, HP commenced litigation against BSC. This has been settled. In October 2000, the FTC filed its complaint.
CONCLUSIONS OF LAW
On September 28, 2001, the court allowed the government's motion for summary judgment on the grounds that BSC had violated the FTC's final order by failing to license in good faith the APD claimed by the Webler patent, and by refusing to comply with the interim supply agreement required by the Order with respect to the Discovery catheter. See Boston Scientific, 167 F.Supp.2d at 430^0.
Pursuant to 15 U.S.C. § 45(1), the remedies available for FTC order violations occurring prior to November 19, 1996 include civil penalties of up to $10,000 for each violation. For continuing violations, each day is a separate violation. The maximum civil penalty was increased to $11,000 per day for violations occurring after November 19, 1996, by the Debt Collection Improvement Act of 1996, Pub.L. 104-134, § 31001(a).
Courts traditionally have looked at six factors in determining the appropriate civil penalty under 15 U.S.C. § 45(1):(1) harm to the public; (2) benefit to the violator; (3) good or bad faith of the violator; (4) the violator's ability to pay; (5) deterrence of future violations by this violator and others; (6) vindication of the FTC's authority. See, e.g., United States v. Nat'l Fin. Servs., Inc., 98 F.3d 131, 140-41 (4th Cir.1996); United States v. Louisiana-Pacific Corp., 967 F.2d 1372, 1379-81 (9th Cir. 1992); United States v. Danube Carpet Mills, Inc., 737 F.2d 988, 993-95 (11th Cir.1984); United States v. Reader's Digest Ass'n Inc., 662 F.2d 955, 967-69 (3d Cir.1981), cert, denied, 455 U.S. 908, 102 S.Ct. 1253, 71 L.Ed.2d 446 (1982). I address each of these factors as follows:
1. Harm to the Public
The Court finds that BSC's conduct harmed the public because its violations of the Order were a substantial contributing *99 cause of HP's decision to withdraw from the IVUS catheter market. BSC's statements to the marketplace that HP would not have access to BSC's next-generation Discovery catheter and that BSC had the exclusive rights to the APD discouraged new customers from purchasing HP consoles. As a result, HP's percentage share of the new sales of consoles dropped precipitously.[8] Moreover, BSC's obstreperous approach on the Order's requirements as to the APD and the Discovery catheter (not to mention the Agreement's requirements as to interfacing the Scout Catheter on new BSC consoles and providing 180-day notification to HP of new BSC catheters) substantially contributed to HP's decision to leave. While HP's business decision also focused on unrelated trouble in its ultrasound business, the Court finds BSC's conduct tipped the balance in favor of abandonment of the Scout catheter and the IVUS console market.
BSC argues that competition was not harmed because of Endosonics' rocket-like rise to its present 35% market share. However, the elimination of competition immediately after HP left the marketplace led to a decline in catheter innovation, and resulting harm to the public. As Dr. Schumann (the FTC's expert) testified, the lack of competition eliminated BSC's incentive to invest in research and development in catheter innovation.[9] The introduction of new and improved coronary and peripheral catheters sharply declined following BSC's acquisition of CVIS in 1995, and further diminished after HP exited from the market at the end of 1998. Over the three year period from 1999 to 2001, BSC's total expenditure on IVUS catheter research was less than its expenditure for 1998 alone. (Id, at 1138) BSC cancelled the $4.1 million "Cadillac" project to design a new 3.5 French catheter which was intended to stave off competition from the Scout after HP decided to leave the market. No new catheters were introduced in 1999, after HP's exit, and only 1 new catheter was introduced in each of 2000 and 2001.
As Dr. Nissen pointed out, because Discovery was eventually withdrawn as a result of safety problems, doctors in 1999 were still using the Ultracross catheter, which was inferior to both the Scout and the original BSC Sonus catheter. It was not until the third quarter of 2000 that BSC introduced the 3.5 French Atlanta catheter, which some doctors still view as inferior to the Scout.
There has been a parallel lack of innovation in consoles. Not until late 2001 did BSC introduce its new console, the "Galaxy," which is the first significant console innovation since 1995. While BSC points to two new catheters and the Galaxy as demonstrating continued innovation, these innovations coincided with Endosonics' emergence as a robust competitor. To be sure, as BSC points out, lower domestic e plaintiffs *100 IVUS sales account for some decrease in research and development spending. However, the Court finds that a critical contributing factor in BSC's failure to innovate energetically in catheters was the acquisition of 90% market share.
The most poignant concern is that people with heart disease were harmed. The 1995-vintage BSC Sonocath catheter/HP Sonus 100 console presented the best IVUS image quality to date superior to later catheter/console combinations. In short, after HP's exit, patients with heart disease were left with technology inferior to that available in 1995.
2. Benefits to BSC
The FTC argues that BSC benefitted in two ways from the violations of the order which contributed to driving HP from the market. First, it was able to reduce its research and development costs by $12.9 million. Second, it gained sales worth $8-11 million that would have been made by HP in sales of catheters. The FTC also argues that internationally BSC has benefitted from the merger with $85.4 million in catheter profits through the end of 2001. Domestically, the FTC argues BSC had a benefit of $12 million through the end of 2001.
BSC responds that it did not gain from HP's departure from the market because Endosonics has since captured 35% of the installed consoles, and BSC's domestic sales are dropping. It points out that from May 1995-May 1998 BSC sold only $1.8 million worth of APDs. BSC vigorously contends that the relevant market is not the international market, and argues that the Court must examine benefits from the violations only in the domestic market. BSC also disputes how the fixed costs should be allocated in determining economic benefits. The Court gave this factor little weight in determining sanctions because the record is not clear on the correct methodology for determining the value of domestic benefits.
3. BSC's Bad Faith
The Court finds that BSC acted in bad faith in certain of its violations of the Order. Of primary concern is BSC's apparent belief that the Agreement with HP trumped the Order and BSC's recalcitrance in not consulting with the FTC because of an apparent concern that the FTC staff would make things worse. If BSC believed that it mistakenly included the APD in the exhibit to the Agreement and Order, it had an obligation to disclose this issue to the FTC, not hide the ball.
The argument that this major ongoing dispute which smoldered during the contract negotiations and ignited within days of the effective date of the order was fairly presented to the FTC in the first compliance report is untenable. At best, BSC attached correspondence alluding to the issue to its first compliance report, together with the clarification letter. By not flagging this flashpoint, the compliance report did not fully describe all substantive contacts regarding licensing issues between BSC and HP, as required by the Order. The failure to seek an FTC advisory opinion regarding potentially violative conduct is evidence of bad faith. See Reader's Digest, 662 F.2d at 968.
If BSC was uncertain of the reach of the Order, it had an obligation to do more than see how close to the sun it could fly with impunity. See Boston Scientific, 167 F.Supp.2d at 433. Finally, and most significantly, BSC chose to take the risk of ignoring the FTC's staff interpretation once it took a position on the APD dispute. At that point, an advisory opinion certainly should have been sought. See 16 C.F.R. § 2.41(d) ("Any respondent subject to a Commission order may request advice *101 from the Commission as to whether a proposed course of action, if pursued by it, will constitute compliance with such order.").
With respect to the Discovery catheter, the Court finds that BSC refused to provide it to HP on the pretextual ground that the removable imaging core was not covered, despite the express coverage of the Order: "removable imaging cores used in intravascular or intracardiac ultrasound imaging." (Pl's. Ex. 33 ¶ I.G.) While the Agreement provided arguably inconsistent language (¶ 8(f)), BSC showed insufficient respect for the terms of the Order. Moreover, while there were manufacturing benefits, there was no clinical purpose for the core, and numerous documents support the FTC's argument that the core was created in bad faith primarily to circumvent the consent decree and (in BSC's words) "screw over" HP.
While the Court gives BSC credit for initially transferring technology in good faith and providing HP access to most catheters, with respect to the Discovery catheter and the APD it did not act in good faith.
4. BSC's Ability to Pay
BSC does not raise an issue of inability to pay. As of May 10, 2002, its market capitalization exceeded $10 billion.
5. Vindication of the FTC's Authority/Deterrence of Future Violations
The FTC argues that its institutional interest in enforcing consent decrees warrants the maximum penalty of $35 million. From 1991-2000, the FTC resolved 164 anticompetitive mergers by consent orders and sought 32 injunctions. BSC argues that the FTC continues to settle the vast majority of cases challenging mergers, and that the FTC's requested sanction is out of kilter with other settlements. According to BSC, the highest fines imposed in settlement for consent decree violations to date have been between $3 million and $4 million; and most fines have been well under $1 million and less than 5% of the maximum penalty.
The Court holds that there is a compelling interest in vindicating the authority of the FTC in enforcing its consent decrees, and in deterring parties from flouting the terms of consent decrees. FTC orders should not be disregarded with impunity. Here, BSC received a 90% market share by entering into a consent order and then proceeded to violate that order. It is clear to the Court from BSC's course of conduct that after the initial technology transfer, BSC's goal was to drive HP out of the catheter marketby means that included certain violations of the FTC's consent order. BSC violated not only the letter but also the spirit of the consent order, the very purpose of which was to create an independent competitor. The FTC's authority must be vindicated; otherwise, parties to anticompetitive mergers will have every incentive to sign a consent decree to induce the FTC to withdraw its injunction, and then breach the promises made in the order.
6. Calculation
With respect to the APD violation, the Court finds there was a continuing violation from May 5, 1995 until at least March 1998 when HP made its preliminary decision to leave the market. The Court finds that the fine should be $5,000 a day until the FTC issued its ruling in July 1997. BSC's actions must be viewed more harshly after the FTC's staff compliance ruling on July 9, 1997, when BSC continued to violate the consent decree (and failed to seek an advisory opinion); for this period, the Court doubles the fine amount to $10,000. The total for the APD violation is *102 $6,325,000 (($5,000 x 795) + ($10,000 x 235)).
The Court finds that the fine for the Discovery violation should be $11,000 for each day between March 1, 1998 (when samples of the Discovery catheter were available for promotion) and May 5, 1998 (the end of the supply period required by the FTC order). The total for the Discovery violation is $715,000 ($11,000 x 65).
ORDER
The Court orders that defendant Boston Scientific Corporation pay a civil penalty of $7,040,000.00 to the Federal Trade Commission.
NOTES
[1] The Order required that
[w]ithin sixty (60) days after the date this Order becomes final and every sixty (60) days thereafter until Respondent has fully complied with the provisions of Paragraph II and V of this Order, Respondent shall submit to the Commission a verified written report setting forth in detail the manner and form in which it intends to comply, is complying, and has complied with this Order. Respondent shall include in its compliance reports, among other things that are required from time to time, a full description of the efforts being made to comply with Paragraph II of the Order, including a description of all substantive contacts or negotiations for the licensing and the identity of all parties contacted. Respondant shall include in its compliance reports copies of all written communications to and from such parties, all internal memoranda, and all reports and recommendations concerning divestiture.
(Pl's. Ex. 422 (Order) ¶ VII.A.)
[2] ¶ 3 of the Agreement provides in pertinent part:
HP shall have the right to have Licensed Products made on its behalf by a third party, so long as for a period of two years HP does not directly or indirectly sell such Licensed Product back to such third party or its affiliates or use sales support services of such third party or its affiliates with respect to such Licensed Product. Commencing on the Second Anniversary of the Effective Date, HP may not directly or indirectly contract with the same third party for both the manufacture and sale of all or substantially all of the Licensed Products.
(Pl's. Ex. 2 ¶ 3(a).)
[3] In the Court's Memorandum and Order dated August 8, 2002 (Docket No. 157), the Court described the timeline for the sales and promotional activity in 1998 pertaining to the Discovery Catheter.
[4] In 1996, BSC met the 180-day requirement for providing technical information on the Ultracross catheter, which became BSC's best selling catheter in 1997.
[5] By comparison, BSC/CVIS's sales were 136 consoles in 1995, 95 consoles in 1996, 126 consoles in 1997, and 104 consoles in 1998. Endosonics sold 41 units in 1995, 76 units in 1996, 56 units in 1997, and 29 units in 1998.
[6] Although BSC's position was not a violation of the consent order, it violated ¶ 7 of the Agreement:
The parties agree that during a period commencing with FDA regulatory approval or product introduction of each device released, whichever first occurs, and ending on the tenth anniversary of the Effective Date, each party will provide on all of its IVUS consoles offered to its customers open interfaces to the IVUS products of the other party, whether currently owned or acquired in the future, provided the native console for such device is compatible with the Licensed Technology. For products already in existence, each party shall cooperate as requested by the other party in furthering this open interface objective. Each party has the option of upgrading its own consoles. Each party will take all reasonable and appropriate steps to assure that in interfacing such party's devices to the other party's consoles, the other party suffers no delay times or other disadvantage. These time-to-market safeguards will mean that, in interfacing such party's devices to the other party's consoles, no later than 180 days prior to such party's commercial introduction of any new device, all necessary technical specifications, regulatory information and the like shall be provided to the other party for the purpose of interface.
(Pl's. Ex 2 ¶ 7.)
As Danaher understood it, this provision gave the parties the option to upgrade existing consoles in order to interface with new catheters, but required BSC to interface HP's catheters with new consoles. The Court agrees this is a reasonable interpretation.
[7] Another company now has the rights to the technology.
[8] HP points out that there is no direct evidence that HP lost a single console sale due to BSC's statements to the market about the APD or Discovery Catheters. However, circumstantial evidence supports the reasonable inference that customer concerns about the availability of APDs and the Discovery catheter hurt HP's ability to compete for new sales of consoles.
[9] Indeed, on January 19, 1995, Dr. Schumann, then an economic expert for the staff of FTC, did an analysis of the effects of the proposed merger that stated: "In my view, the elimination of the competition between Boston Scientific and CVIS in the area of research and development may ultimately cause the most harmful impact of this transaction on the ultimate consumers of these products the patients with cardio-vascular disease." (Pl's. Ex. 387 ¶ 42.) His views proved prescient.
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Looking for Signs of a Strengthening Canadian Economy?
Mullen Group Ltd.’s (TSX:MTL) recently reported second-quarter results signal a strengthening Canadian economy as well as a strengthening/recovering oil and gas industry. By delving a little deeper into the results we have these key takeaways: In the second quarter of 2017, the company reported a 10.8% increase in total revenue, with the oilfield services segment (33% of revenue) increasing 14.2%, and the trucking/logistics segment increasing 8.2%. This is the second consecutive quarter of year-over-year revenue growth at Mullen in both the oilfield services segment and the trucking segment. In the first quarter of 2017, oilfield services revenue (36.7% of revenue)…
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Mullen Group Ltd.’s (TSX:MTL) recently reported second-quarter results signal a strengthening Canadian economy as well as a strengthening/recovering oil and gas industry.
By delving a little deeper into the results we have these key takeaways:
In the second quarter of 2017, the company reported a 10.8% increase in total revenue, with the oilfield services segment (33% of revenue) increasing 14.2%, and the trucking/logistics segment increasing 8.2%.
This is the second consecutive quarter of year-over-year revenue growth at Mullen in both the oilfield services segment and the trucking segment. In the first quarter of 2017, oilfield services revenue (36.7% of revenue) increased 4.8%, trucking revenue increased 4%, and total revenue increased 4.9%.
When we compare these numbers to the fourth quarter of 2016, it highlights the shift that the company has made and the improvement it is seeing. In the fourth quarter of 2016, oilfield services revenue declined 23% and accounted for 32.7% of revenue, and overall revenue declined 10.4%.
In the trucking and logistics segment, management has reported improving supply/demand fundamentals as the economy has improved. Pricing pressure has abated and, in fact, there are signs of upward pricing moves. Margins should improve going forward as acquisitions are now fully integrated.
In the oilfield services segment, drilling activity is up and will be up in 2017 versus 2016. Capital investment is increasing, and pricing has improved pretty much across the board, as the labour market has tightened and there is more discipline in general in the industry.
The one caveat is that there has not been a recovery in big capital projects, such as oil sands, and as Suncor Energy Inc.’s (TSX:SU)(NYSE:SU) $15.1 billion Fort Hills project and the $8 billion Northwest upgrader project are completed, Mullen is left without a major higher-margin, capital-intensive project.
All in all, though, this was a good-news quarter, and we can expect the second half of the year to be better than the first half.
The company’s balance sheet continues to be in good shape, and this gives Mullen flexibility and options, both of which are key. The cash and cash equivalents balance as at the end of June 2017 was over $250 million, and, as per the usual, management has plans to use this cash either to fund an acquisition that will generate shareholder value or, if an opportunity such as this fails to present itself, to reduce debt.
In closing, the future right now still lacks visibility, but there are bullish early signs of improving demand and this, coupled with the fact that Mullen has cut costs, increased margins, and is in the much-coveted position of being well positioned to be able to make attractive acquisitions, leaves me to conclude that this high-quality company is one that investors would do well adding.
Motley Fool Canada Lead Advisor Iain Butler has spent more than a decade studying the market. In fact, the newsletter he runs, Motley Fool Stock Advisor Canada, is beating the market by over ten percentage points!
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Fool contributor Karen Thomas owns shares of MULLEN GROUP LTD. Mullen Group is a recommendation of Stock Advisor Canada.
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SRC_DIR=./
DST_DIR=./gen
#C++
mkdir -p $DST_DIR/cpp
protoc -I=$SRC_DIR --cpp_out=$DST_DIR/cpp/ $SRC_DIR/*.proto
#JAVA
mkdir -p $DST_DIR/java
protoc -I=$SRC_DIR --java_out=$DST_DIR/java/ $SRC_DIR/*.proto
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protoc -I=$SRC_DIR --python_out=$DST_DIR/python/ $SRC_DIR/*.proto
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English Synonyms and Antonyms(0.00 / 0 votes)Rate these synonyms:
pellucid
Clear (Latin clarus, bright, brilliant) primarily refers to that which shines, and impresses the mind through the eye with a sense of luster or splendor. A substance is said to be clear that offers no impediment to vision — is not dim, dark, or obscure. Transparent refers to the medium through which a substance is seen, clear to the substance itself, without reference to anything to be seen through it; we speak of a stream as clear when we think of the water itself; we speak of it as transparent with reference to the ease with which we see the pebbles at the bottom. Clear is also said of that which comes to the senses without dimness, dulness, obstruction, or obscurity, so that there is no uncertainty as to its exact form, character, or meaning, with something of the brightness or brilliancy implied in the primary meaning of the word clear; as, the outlines of the ship were clear against the sky; a clear view; a clear note; "clear as a bell;" a clear, frosty air; a clear sky; a clear statement; hence, the word is used for that which is free from any kind of obstruction; as, a clear field. Lucid and pellucid refer to a shining clearness, as of crystal. A transparent body allows the forms and colors of objects beyond to be seen through it; a translucent body allows light to pass through, but may not permit forms and colors to be distinguished; plate glass is transparent, ground glass is translucent. Limpid refers to a liquid clearness, or that which suggests it; as, limpid streams. That which is distinct is well defined, especially in outline, each part or object standing or seeming apart from any other, not confused, indefinite, or blurred; distinct enunciation enables the hearer to catch every word or vocal sound without perplexity or confusion; a distinct statement is free from indefiniteness or ambiguity; a distinct apprehension of a thought leaves the mind in no doubt or uncertainty regarding it. That is plain, in the sense here considered, which is, as it were, level to the thought, so that one goes straight on without difficulty or hindrance; as, plain language; a plain statement; a clear explanation. Perspicuous is often equivalent to plain, but plain never wholly loses the meaning of unadorned, so that we can say the style is perspicuous tho highly ornate, when we could not call it at once ornate and plain. Compare EVIDENT. |
package apoc.generate;
import apoc.generate.config.BasicGeneratorConfig;
import apoc.generate.config.ErdosRenyiConfig;
import apoc.generate.node.SocialNetworkNodeCreator;
import apoc.generate.relationship.ErdosRenyiRelationshipGenerator;
import apoc.generate.relationship.SocialNetworkRelationshipCreator;
import org.junit.Rule;
import org.junit.Test;
import org.junit.runner.RunWith;
import org.junit.runners.Parameterized;
import org.junit.runners.Parameterized.Parameter;
import org.neo4j.graphdb.Transaction;
import org.neo4j.internal.helpers.collection.Iterables;
import org.neo4j.test.rule.DbmsRule;
import org.neo4j.test.rule.ImpermanentDbmsRule;
import java.util.Arrays;
import java.util.Collection;
import static org.junit.Assert.assertEquals;
import static org.junit.runners.Parameterized.Parameters;
/**
* Integration test for {@link Neo4jGraphGenerator} with
* {@link ErdosRenyiRelationshipGenerator}.
*/
@RunWith(Parameterized.class)
public class ErdosRenyiGeneratorTest {
@Parameters
public static Collection<Integer[]> data() {
return Arrays.asList(new Integer[][]{
{100,200},
{100,300},
{100,1000},
{100,5},
{10,11},
{10,23},
{200,190},
});
}
@Parameter(0)
public int numberOfNodes;
@Parameter(1)
public int numberOfEdges;
@Rule
public DbmsRule db = new ImpermanentDbmsRule();
@Test
public void shouldGenerateCorrectNumberOfNodesAndRelationships() throws Exception {
new Neo4jGraphGenerator(db).generateGraph(
new BasicGeneratorConfig(
new ErdosRenyiRelationshipGenerator(new ErdosRenyiConfig(numberOfNodes, numberOfEdges)),
new SocialNetworkNodeCreator(),
new SocialNetworkRelationshipCreator()
));
try (Transaction tx = db.beginTx()) {
assertEquals(numberOfNodes, Iterables.count( tx.getAllNodes()));
assertEquals(numberOfEdges, Iterables.count( tx.getAllRelationships()));
tx.commit();
}
}
}
|
Safety in numbers 3: Authenticity, Building knowledge & skills and Competency development & assessment: the ABC of safe medication dosage calculation problem-solving pedagogy.
When designing learning and assessment environments it is essential to articulate the underpinning education philosophy, theory, model and learning style support mechanisms that inform their structure and content. We elaborate on original PhD research that articulates the design rationale of authentic medication dosage calculation problem-solving (MDC-PS) learning and diagnostic assessment environments. These environments embody the principles of authenticity, building knowledge and skills and competency assessment and are designed to support development of competence and bridging of the theory-practice gap. Authentic learning and diagnostic assessment environments capture the features and expert practices that are located in real world practice cultures and recreate them in authentic virtual clinical environments. We explore how this provides students with a safe virtual authentic environment to actively experience, practice and undertake MDC-PS learning and assessment activities. We argue that this is integral to the construction and diagnostic assessment of schemata validity (mental constructions and frameworks that are an individual's internal representation of their world), bridging of the theory-practice gap and cognitive and functional competence development. We illustrate these principles through the underpinning pedagogical design of two online virtual authentic learning and diagnostic assessment environments (safeMedicate and eDose™). |
// Copyright © Microsoft <wastore@microsoft.com>
//
// Permission is hereby granted, free of charge, to any person obtaining a copy
// of this software and associated documentation files (the "Software"), to deal
// in the Software without restriction, including without limitation the rights
// to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
// copies of the Software, and to permit persons to whom the Software is
// furnished to do so, subject to the following conditions:
//
// The above copyright notice and this permission notice shall be included in
// all copies or substantial portions of the Software.
//
// THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
// IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
// FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
// AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
// LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
// OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
// THE SOFTWARE.
package cmd
import (
"path/filepath"
"syscall"
"strings"
chk "gopkg.in/check.v1"
)
// set file attributes to test file
func (scenarioHelper) setAttributesForLocalFile(filePath string, attrList []string) error {
lpFilePath, err := syscall.UTF16PtrFromString(filePath)
if err != nil {
return err
}
fileAttributeMap := map[string]uint32 {
"R" : 1,
"A" : 32,
"S" : 4,
"H" : 2,
"C" : 2048,
"N" : 128,
"E" : 16384,
"T" : 256,
"O" : 4096,
"I" : 8192,
}
var attrs uint32
for _, attribute := range attrList {
attrs |= fileAttributeMap[strings.ToUpper(attribute)]
}
err = syscall.SetFileAttributes(lpFilePath, attrs)
return err
}
func (s scenarioHelper) setAttributesForLocalFiles(c *chk.C, dirPath string, fileList []string, attrList []string) {
for _, fileName := range fileList {
err := s.setAttributesForLocalFile(filepath.Join(dirPath, fileName), attrList)
c.Assert(err, chk.IsNil)
}
} |
import torch
import torch.nn as nn
class ConvGRUCell(nn.Module):
''' Initialize ConvGRU cell '''
def __init__(self, input_size, hidden_size, kernel_size):
super(ConvGRUCell, self).__init__()
self.input_size = input_size
self.hidden_size = hidden_size
self.kernel_size = kernel_size
padding = kernel_size // 2
self.reset_gate = nn.Conv2d(input_size+hidden_size, hidden_size, kernel_size, padding=padding)
self.update_gate = nn.Conv2d(input_size+hidden_size, hidden_size, kernel_size, padding=padding)
self.out_gate = nn.Conv2d(input_size+hidden_size, hidden_size, kernel_size, padding=padding)
nn.init.orthogonal_(self.reset_gate.weight)
nn.init.orthogonal_(self.update_gate.weight)
nn.init.orthogonal_(self.out_gate.weight)
nn.init.constant_(self.reset_gate.bias, 0.)
nn.init.constant_(self.update_gate.bias, 0.)
nn.init.constant_(self.out_gate.bias, 0.)
def forward(self, input_tensor, hidden_state):
if hidden_state is None:
B, C, *spatial_dim = input_tensor.size()
hidden_state = torch.zeros([B,self.hidden_size,*spatial_dim]).cuda()
# [B, C, H, W]
combined = torch.cat([input_tensor, hidden_state], dim=1) #concat in C
update = torch.sigmoid(self.update_gate(combined))
reset = torch.sigmoid(self.reset_gate(combined))
out = torch.tanh(self.out_gate(torch.cat([input_tensor, hidden_state * reset], dim=1)))
new_state = hidden_state * (1 - update) + out * update
return new_state
class ConvGRU(nn.Module):
''' Initialize a multi-layer Conv GRU '''
def __init__(self, input_size, hidden_size, kernel_size, num_layers, dropout=0.1):
super(ConvGRU, self).__init__()
self.input_size = input_size
self.hidden_size = hidden_size
self.kernel_size = kernel_size
self.num_layers = num_layers
cell_list = []
for i in range(self.num_layers):
if i == 0:
input_dim = self.input_size
else:
input_dim = self.hidden_size
cell = ConvGRUCell(input_dim, self.hidden_size, self.kernel_size)
name = 'ConvGRUCell_' + str(i).zfill(2)
setattr(self, name, cell)
cell_list.append(getattr(self, name))
self.cell_list = nn.ModuleList(cell_list)
self.dropout_layer = nn.Dropout(p=dropout)
def forward(self, x, hidden_state=None):
[B, seq_len, *_] = x.size()
if hidden_state is None:
hidden_state = [None] * self.num_layers
# input: image sequences [B, T, C, H, W]
current_layer_input = x
del x
last_state_list = []
for idx in range(self.num_layers):
cell_hidden = hidden_state[idx]
output_inner = []
for t in range(seq_len):
cell_hidden = self.cell_list[idx](current_layer_input[:,t,:], cell_hidden)
cell_hidden = self.dropout_layer(cell_hidden) # dropout in each time step
output_inner.append(cell_hidden)
layer_output = torch.stack(output_inner, dim=1)
current_layer_input = layer_output
last_state_list.append(cell_hidden)
last_state_list = torch.stack(last_state_list, dim=1)
return layer_output, last_state_list
if __name__ == '__main__':
crnn = ConvGRU(input_size=10, hidden_size=20, kernel_size=3, num_layers=2)
data = torch.randn(4, 5, 10, 6, 6) # [B, seq_len, C, H, W], temporal axis=1
output, hn = crnn(data)
import ipdb; ipdb.set_trace()
|
Raising awareness for HIV and AIDS
It was World Aids Day on Tuesday, and Lincoln-based charity Positive Health supported the occasion by holding fundraising events across the city to raise awareness of the illness.
The sexual health charity, which provides information and support to people living in Lincoln with HIV and AIDS, also used the day to promote it’s own services within the city.
Positive Health advise people to get an STI check after each time they have unprotected sex or change sexual partners, at either a doctor’s surgery, GUM clinic or a sexual health charity.
Positive Health go to 80% of schools in the county giving workshops on sexual health and STIs. They also talk to young people about smoking and drinking and staying safe.
Their work is targeted at a wide range of people, as Ben James, a sexual health promotions worker, explains:
“Because we’ve got three different departments all three different departments focus on different people. Obviously the education department focus on young people, the social care department will focus on people living with HIV in the county and the outreach department work on prevention.” |
This article is part of ECFR's Wider Europe Forum
An argument in favour of merging the territorial defence forces of an inner core of EU member states.
Imagine a group of experts was tasked to devise a security and defence structure for the European Union space, leaving aside everything they know about the history and politics of Europe. Their work would be based solely on a political map of the current EU and its neighbourhood, the Lisbon Treaty, and in particular its solidarity clause in Article 42. The group would be provided with dossiers on the security situation and developments in the EU’s eastern and southern neighbourhood as well as comprehensive information on the military balance in the wider region.
Europe’s current defence has no rationale other than the fact of its existence – it is neither adequate nor efficient.
Whatever designs the experts would come up with on this basis, the current mix of few larger armies and many rather small ones would certainly not be among them. The existing structure simply delivers too little effect and consumes too many resources. Taken together, EU member states still deploy around 1.5 million soldiers in far too many garrisons, equipped with partly incompatible weapons systems, inefficient procurement that is under the command of too many generals and administered by vastly oversized ministerial bureaucracies. Based on 2011 data, EU member states spent more on defence than Russia and China combined, second only to the United States, which spent about 2.5 times the combined European effort. Europe’s current defence has no rationale other than the fact of its existence – it is neither adequate nor efficient.
Viewed from this angle, Jean Claude Juncker’s remarks on a European Army seem plausible. Current efforts of pooling and sharing within EU and NATO have potential for efficiency gains, as family farmers in Europe have understood and practiced for many years now. But these are far from the defence economies of scale. Scaling up efficiency requires mergers, which means defence integration in political terms. This in turn puts the focus on the EU, since NATO is meant to be (and remain) an alliance of sovereign countries contributing nationally acquired and owned military assets to the common purpose. That’s the Achilles’ heel of Juncker’s proposal: NATO favours collaboration over integration, while the EU could deliver integration but lacks consensus over desirability or feasibility. Would such an army be built in the EU today, it could hardly be used given the differing military strategies, the various constraints on its deployment, and the diverging modes of parliamentary caveat.
Against this background, the immediate rejection of the proposal by the British government hardly comes as a surprise. Equally predictable, the German government coalition has responded positively. After all, Juncker’s vision could have been copied from the coalition agreement between the Social Democrats and Christian Democrats. Furthermore, the ultimate perspective of a common defence is already written in the treaties – a component of an “ever closer” union. As such, a European Army as a vague and long-term goal is acceptable to both major parties in Germany. In effect, both responses from London and Berlin serve the same purpose, which is to end the debate before it can unfold.
The security of the Baltic states would be enhanced by fully integrating their defences, putting them under one command, implementing a joint procurement scheme, and ensuring common political control.
In doing so, both London and Berlin as well as other governments can avoid answering the question of how to seriously improve Europe’s defence. If they did, it would be impossible to bypass the military, industrial, and budgetary benefits of mergers in the sense of integration. Is there really a substantial argument to be made against fully merging the defences of Belgium and The Netherlands other than some political alienation in bilateral relations after the divisions of the Nice summit 15 years ago? The same question could be raised for Spain and Portugal. The security of the Baltic states would be enhanced by fully integrating their defences, putting them under one command, implementing a joint procurement scheme, and ensuring common political control.
Such partial mergers by way of integration could be implemented under the current treaties, making use of “permanent structured cooperation”. Neither obligations under the NATO-Treaty nor the requirements for UN peacekeeping would stand in the way. The same applies to collective defence: The EU’s solidarity clause (which incorporates the former Article 5 of the treaty on the Western European Union) extends beyond the wording of NATO’s Article 5. The collective defence of the EU’s territorial and political integrity has become part of the acquis; should its credibility be put into question, the legal and political cohesion of European integration would be lost.
If Germany was to take a decisive step into the direction of a European defence, it should propose to merge its defence in an integrated structure with Poland.
Merging the defences of smaller countries won’t be the real thing though. Integrating their resources with the potential of larger neighbours could be a leap forward. Germany is of particular significance in this respect. No other large EU member state devotes a similarly large proportion of its military resources to the traditional contingency of territorial defence. If Germany was to take a decisive step into the direction of a European defence, it should propose to merge its defence in an integrated structure with Poland. Collective defence would become a joint operation under one command and a single political decision, not subject to a veto from one of the two parliaments. Constitutions would have to be adapted accordingly. Insofar as both countries would wish to maintain military capabilities to be deployed out of area on the basis of a national decision alone, they would have to embed such units into the merged territorial defence force and fund such missions from the national budget. This way, France could be participating in a Polish-German defence union while maintaining its national nuclear deterrence and sizeable expeditionary forces to be deployed outside of Europe.
In light of existing military integration on troop level as is the case between Dutch and German ground forces, a Polish-German integration scheme should come with an invitation to neighbours to join; in particular, this would apply to the Benelux countries and the Baltic states. Participation of the Scandinavian EU members and Austria would be highly desirable if these countries could adapt their status in such a way to open a gap between EU solidarity and the obligations and commitments of their defence integration partners within NATO. This way, an integrated defence structure could be built, with one professional territorial defence force covering the territory of eight, or 12 or more member states. This army would be put under one command and a joint political control. It would have a single budget and a single procurement process matched by a single market for defence products. Deployment patterns would follow contingencies rather than national borders. Alongside such a territorial defence core, further layers of deeper cooperation could be added involving other member states of EU and NATO, for example on airspace and maritime surveillance air lift or intelligence and communications, all of which would add additional efficiency gains. Over time, as political consensus inside the core builds up, common approaches on missions out of area could become more frequent, ultimately reducing the need to embed separable intervention capabilities under purely national command.
Such a differentiated mode of defence integration inside the EU will not be utopian or vague but could be achieved over the coming decade. It would not weaken NATO but strengthen both the EU and NATO at a time in which the traditional alliance purpose has assumed a renewed meaning, i.e. to defend the territorial integrity, the political and social order against any armed aggression from outside. The term “European Army” evokes the odour of the 1950s and the failure of the European Defence Community. What Europe is in need of today is a Schengen approach to defence integration: ambitious and pragmatic at the same time, building on those member states which are engaged in deeper cooperation already.
Read more on: Wider Europe Forum, European Power, Rethink:Europe, Governance Lab |
Six months ago Aussie ISP iiNet celebrated following its legal victory against the Australian Federation Against Copyright Theft. Now the pair are back in Federal Court for the appeal, where AFACT hopes to show that iiNet acted illegally when it refused to take action against customers who file-shared movies and TV shows using BitTorrent.
February this year saw Aussie ISP iiNet celebrating after it successfully defended legal action brought by Hollywood anti-piracy outfit AFACT.
Village Roadshow, Universal Pictures, Warner Bros Entertainment, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film Corporation, Disney Enterprises, Inc. and the Seven Network took iiNet to court in the hope that a judge would find the ISP responsible for copyright infringements carried out by its customers.
The Australian Federation Against Copyright Theft lost the case but didn’t give up. They said there was a “fundamental error” in Judge Cowdroy’s original ruling – that AFACT had sued the wrong person and should’ve gone after actual infringers – and earlier today the pair faced each other in Federal Court for the appeal.
From early reports coming out of the Court, nothing much appears to have changed.
AFACT continues to insist that iiNet authorized its customers to illegally download movies by simply not stopping them from doing so. ‘Authorized’ is the key word here. AFACT have chosen not to go after the BitTorrent users referred to in the case – the so-called ‘primary’ copyright infringers. Going after these individuals is “undesirable” it insists. Instead they want the Court to rule that iiNet ‘authorized’ their infringements, which would make the ISP liable for their actions.
Representing AFACT, David Catterns told the panel of three Federal Court judges that despite being provided with huge numbers of IP addresses and times of copyright infringements carried out by their customers – data which iiNet chief Michael Malone labeled “compelling evidence” – the ISP did nothing to stop further illicit activity.
In his opening salvo, Catterns put forward the case the of one iiNet customer in particular. Referred to in court as ‘RC-08′, the user had allegedly seeded 40 copyright works during 2008 and 2009. Catterns claimed that at some point ‘RC-08′ had exceeding his monthly traffic limit and iiNet had advised him to upgrade his package along with the suggestion that he could “get more of the stuff you love”.
This contact iiNet had with their customer was a point at which the ISP could’ve acted to prevent infringement, he argued.
Catterns went on to state that while iiNet takes action to deal with the menace of spam, the ISP did nothing to block or otherwise tackle file-sharers on its network. He suggested that iiNet could have taken a broad range of actions such as sending out letters, throttling customers’ connections, right through to suspending accounts.
At this very early stage it seems that AFACT are simply restating points they made in the first hearing, points which almost totally failed to convince Judge Cowdroy to rule in their favor. It is difficult to see what they can say in order to change the direction of the original decision but one thing is almost certain.
“Neither the original case nor this latest appeal will stop piracy,” said iiNet chief Michael Malone earlier. “Even if in the unlikely event they won the appeal.” |
Choose your favorite mobile devices:
Hare+Guu Info:
Plot Summary:
Hale was a happy boy living out his days in the jungle with his mother, but then one day Guu showed up and became a member of their household. Throughout the series he faces many hardships as he tries to keep Guu out of trouble in the jungle. |
Several technologies are known to exist for making panels for displaying varying alphanumeric messages, in particular for roadsigns or for advertising displays. Such panels are often implemented by assembling unit modules or subassemblies which are constituted by a portion of the main screen and an image-creating device. Optical fiber panels make it possible:
to display a plurality of pre-established symbols or messages of various colors and shapes;
to flash at an adjustable frequency and thus attract attention; and
to possess a high level of brightness in the observation direction with low electricity consumption, thereby remaining visible even under extremely unfavorable conditions.
The device may be of the electromechanical type having, for example, occultation means associated with one or more optical fibers for each point or pixel of the screen.
Whatever type of lighting is used, light sources always suffer from the drawback of presenting a large amount of dispersion in their performance. Panels comprising a plurality of light sources therefore lack uniformity in message display, since each of the subassemblies cannot reproduce the same brightness. In addition, light sources such as arc lamps, halogen lamps, or lasers, for example, deteriorate over time, and often differently within a single batch of such sources. As a result the differences in brightness between the subassemblies of a given panel can only get worse over the lifetime of the light sources. |
1. Field of the Invention
The present invention relates to film deposition apparatuses and substrate processing apparatuses and, more particularly, to a film deposition apparatus and a substrate processing apparatus for depositing a thin film by alternately supplying at least two kinds of source gases.
2. Description of the Related Art
As a film deposition technique in a semiconductor fabrication process, there has been known a so-called Atomic Layer Deposition (ALD) or Molecular Layer Deposition (MLD). In such a film deposition technique, a first reaction gas is adsorbed on a surface of a semiconductor wafer (referred to as a wafer hereinafter) under vacuum and then a second reaction gas is adsorbed on the surface of the wafer in order to form one or more atomic or molecular layers through reaction of the first and the second reaction gases on the surface of the wafer; and such an alternating adsorption of the gases is repeated plural times, thereby depositing a film on the wafer. This technique is advantageous in that the film thickness can be controlled at higher accuracy by the number of times alternately supplying the gases, and in that the deposited film can have excellent uniformity over the wafer. Therefore, this deposition method is thought to be promising as a film deposition technique that can address further miniaturization of semiconductor devices.
Such a film deposition method may be preferably used, for example, for depositing a dielectric material to be used as a gate insulator. When silicon dioxide (SiO2) is deposited as the gate insulator, a bis (tertiary-butylamino) silane (BTBAS) gas or the like is used as a first reaction gas (source gas) and ozone gas or the like is used as a second gas (oxidation gas).
In order to carry out such a deposition method, use of a single-wafer deposition apparatus having a vacuum chamber and a shower head at a top center portion of the vacuum chamber has been under consideration. In such a deposition apparatus, the reaction gases are introduced into the chamber from the top center portion, and unreacted gases and by-products are evacuated from a bottom portion of the chamber. When such a deposition chamber is used, it takes a long time for a purge gas to purge the reaction gases, resulting in an extremely long process time because the number of cycles may reach several hundred. Therefore, a deposition method and apparatus that enable high throughput is desired.
Under these circumstances, film deposition apparatuses having a vacuum chamber and a turntable that holds plural wafers along a rotation direction have been proposed.
Patent Document 1 listed below discloses a deposition apparatus whose process chamber is shaped into a flattened cylinder. The process chamber is divided into two half circle areas. Each area has an evacuation port provided to surround the area at the top portion of the corresponding area. In addition, the process chamber has a gas inlet port that introduces separation gas between the two areas along a diameter of the process chamber. With these configurations, while different reaction gases are supplied into the corresponding areas and evacuated from above by the corresponding evacuation ports, a turntable is rotated so that the wafers placed on the turntable can alternately pass through the two areas. A separation area to which the separation gas is supplied has a lower ceiling than the areas to which the reaction gases are supplied.
Patent Document 2 discloses a process chamber having a wafer support member (turntable) that holds plural wafers and that is horizontally rotatable, first and second gas ejection nozzles that are located at equal angular intervals along the rotation direction of the wafer support member and oppose the wafer support member, and purge nozzles that are located between the first and the second gas ejection nozzles. The gas ejection nozzles extend in a radial direction of the wafer support member. A top surface of the wafers is higher than a top surface of the wafer supporting member, and the distance between the ejection nozzles and the wafers on the wafer support member is about 0.1 mm or more. A vacuum evacuation apparatus is connected to a portion between the outer edge of the wafer support member and the inner wall of the process chamber. According to a process chamber so configured, the purge gas nozzles discharge purge gases to create a gas curtain, thereby preventing the first reaction gas and the second reaction gas from being mixed.
Patent Document 3 discloses a process chamber that is divided into plural process areas along the circumferential direction by plural partitions. Below the partitions, a circular rotatable susceptor on which plural wafers are placed is provided leaving a slight gap in relation to the partitions. In addition, at least one of the process areas serves as an evacuation chamber.
Patent Document 4 discloses a process chamber having four sector-shaped gas supplying plates each of which has a vortex angle of 45 degrees, the four gas supplying plates being located at angular intervals of 90 degrees, evacuation ports that evacuate the process chamber and are located between the adjacent two gas supplying plates, and a susceptor that holds plural wafers and is provided in order to oppose the gas supplying plate. The four gas supplying plates can discharge AsH3 gas, H2 gas, trimethyl gallium (TMG) gas, and H2 gas, respectively.
Patent Document 5 discloses a process chamber having a circular plate that is divided into four quarters by partition walls and has four susceptors respectively provided in the four quarters, four injector pipes connected into a cross shape, and two evacuation ports located near the corresponding susceptors. In this process chamber, four wafers are mounted in the corresponding four susceptors, and the four injector pipes rotate around the center of the cross shape above the circular plate while ejecting a source gas, a purge gas, a reaction gas, and another purge gas, respectively.
Furthermore, Patent Document 6 (Patent Documents 7, 8) discloses a film deposition apparatus preferably used for an Atomic Layer CVD method that causes plural gases to be alternately adsorbed on a target (a wafer). In the apparatus, a susceptor that holds the wafer is rotated, while source gases and purge gases are supplied to the susceptor from above. Paragraphs 0023, 0024, and 0025 of the document describe partition walls that extend in a radial direction from a center of a chamber, and gas ejection holes that are formed in a bottom of the partition walls in order to supply the source gases or the purge gas to the susceptor, so that an inert gas as the purge gas ejected from the gas ejection holes produces a gas curtain. Regarding evacuation of the gases, paragraph 0058 of the document describes that the source gases are evacuated through an evacuation channel 30a, and the purge gases are evacuated through an evacuation channel 30b. Patent Document 1: U.S. Pat. No. 7,153,542 (FIGS. 6A, 6B) Patent Document 2: Japanese Patent Application Laid-Open Publication No. 2001-254181 (FIGS. 1, 2) Patent Document 3: Japanese Patent Publication No. 3,144,664 (FIGS. 1, 2, claim 1) Patent Document 4: Japanese Patent Application Laid-Open Publication No. H4-287912 Patent Document 5: U.S. Pat. No. 6,634,314 Patent Document 6: Japanese Patent Application Laid-Open Publication No. 2007-247066 (paragraphs 0023 through 0025, 0058, FIGS. 12 and 13) Patent Document 7: United States Patent Publication No. 2007-218701 Patent Document 8: United States Patent Publication No. 2007-218702
However, in the apparatus disclosed in Patent Document 1, because the reaction gases and the separation gas are supplied downward and then evacuated upward from the evacuation ports provided at the upper portion of the chamber, particles in the chamber may be blown upward by the upward flow of the gases and fall on the wafers, leading to contamination of the wafers.
In the technique disclosed in Patent Document 2, the gas curtain cannot completely prevent mixture of the reaction gases but may allow one of the reaction gases to flow through the gas curtain to be mixed with the other reaction gas partly because the gases flow along the rotation direction due to the rotation of the wafer support member. In addition, the first (second) reaction gas discharged from the first (second) gas outlet nozzle may flow through the center portion of the wafer support member to meet the second (first) gas, because centrifugal force is not strongly applied to the gases in a vicinity of the center of the rotating wafer support member. Once the reaction gases are mixed in the chamber, an MLD (or ALD) mode film deposition cannot be carried out as expected.
In the apparatus disclosed in Patent Document 3, in a process chamber, process gas introduced into one of the process areas may diffuse into the adjacent process area through the gap below the partition, and be mixed with another process gas introduced into the adjacent process area. Moreover, the process gases may be mixed in the evacuation chamber, so that the wafer is exposed to the two process gases at the same time. Therefore, ALD (or MLD) mode deposition cannot be carried out in a proper manner by this process chamber.
The disclosure of Patent Document 4 does not provide any realistic measures to prevent two source gases (AsH3, TMG) from being mixed. Because of the lack of such measures, the two source gases may be mixed around the center of the susceptor and through the H2 gas supplying plates. Moreover, because the evacuation ports are located between the adjacent two gas supplying plates to evacuate the gases upward, particles are blown upward from the susceptor surface, which leads to wafer contamination.
In the process chamber disclosed in Patent Document 5, after one of the injector pipes passes over one of the quarters, this quarter cannot be purged by the purge gas in a short period of time. In addition, the reaction gas in one of the quarters can easily flow into an adjacent quarter. Therefore, it is difficult to perform an MLD (or ALD) mode film deposition.
According to the technique disclosed in Patent Document 6, source gases can flow into a purge gas compartment from source gas compartments located in both sides of the purge gas compartment and be mixed with each other in the purge gas compartment. As a result, a reaction product is generated in the purge gas compartment, which may cause particles to fall onto the wafer.
When performing a film deposition method in the film deposition apparatus disclosed in Patent Documents 1 through 5, because a rotation table or turntable has a large diameter to permit a plurality of wafers such as, for example, four to six sheets, placed thereon in a circular arrangement, an inertial force (hereinafter, referred to as inertia) of the turntable is large. Thus, if a method of driving the turntable by a stepping motor via a belt drive, which is a turntable driving method usually used in a film deposition apparatus in which a film deposition is carried out in a vacuum chamber, the turntable slips relative to the motor during acceleration and deceleration, which results in an angular displacement of an actual rotational angle with respect to a rotational angle instructed to the motor. Hereinafter, such an angular displacement in a rotational angle is referred to as a loss of synchronism. Although a motor for driving the turntable and a power transmission method are not disclosed in Patent Documents 1 through 5, in a method of driving a turntable by a stepping motor via a belt drive, which method is generally used in a film deposition apparatus using a vacuum chamber, because the inertia of the turntable is large, a slip (displacement) in rotational angles is generated between the turntable and a motor shaft due to a slip or a stretch of the belt at a time of start or at a time stop, which results in a loss of synchronism. As a result, when carrying a substrate into or out of a vacuum pump, there may occur a problem in that the substrate cannot be placed on the turntable with good positional accuracy or the substrate cannot be taken out of the turntable surely. |
<?php
/**
* Copyright © Magento, Inc. All rights reserved.
* See COPYING.txt for license details.
*/
namespace Magento\CatalogImportExport\Model\Import\Product\Type;
/**
* Tests \Magento\CatalogImportExport\Model\Import\Product\Type\AbstractType.
*/
class AbstractTest extends \PHPUnit\Framework\TestCase
{
/**
* @var \Magento\CatalogImportExport\Model\Import\Product\Type\AbstractType
*/
protected $_model;
/**
* @var \Magento\TestFramework\ObjectManager
*/
private $objectManager;
/**
* On product import abstract class methods level it doesn't matter what product type is using.
* That is why current tests are using simple product entity type by default
*/
protected function setUp(): void
{
$this->objectManager = \Magento\TestFramework\Helper\Bootstrap::getObjectManager();
$params = [$this->objectManager->create(\Magento\CatalogImportExport\Model\Import\Product::class), 'simple'];
$this->_model = $this->getMockForAbstractClass(
\Magento\CatalogImportExport\Model\Import\Product\Type\AbstractType::class,
[
$this->objectManager->get(
\Magento\Eav\Model\ResourceModel\Entity\Attribute\Set\CollectionFactory::class
),
$this->objectManager->get(
\Magento\Catalog\Model\ResourceModel\Product\Attribute\CollectionFactory::class
),
$this->objectManager->get(
\Magento\Framework\App\ResourceConnection::class
),
$params
]
);
}
/**
* @dataProvider prepareAttributesWithDefaultValueForSaveDataProvider
*
* @param array $rowData
* @param bool $withDefaultValue
* @param array $expectedAttributes
* @return void
*/
public function testPrepareAttributesWithDefaultValueForSave(
array $rowData,
bool $withDefaultValue,
array $expectedAttributes
): void {
$actualAttributes = $this->_model->prepareAttributesWithDefaultValueForSave($rowData, $withDefaultValue);
foreach ($expectedAttributes as $key => $value) {
$this->assertArrayHasKey($key, $actualAttributes);
$this->assertEquals($value, $actualAttributes[$key]);
}
}
/**
* @return array
* @SuppressWarnings(PHPMD.ExcessiveMethodLength)
*/
public function prepareAttributesWithDefaultValueForSaveDataProvider(): array
{
return [
'Updating existing product with attributes that do not have default values' => [
['sku' => 'simple_product_1', 'price' => 55, '_attribute_set' => 'Default', 'product_type' => 'simple'],
false,
['price' => 55],
],
'Updating existing product with attributes that have default values' => [
[
'sku' => 'simple_product_2',
'price' => 65,
'_attribute_set' => 'Default',
'product_type' => 'simple',
'visibility' => 'not visible individually',
'tax_class_id' => '',
],
false,
['price' => 65, 'visibility' => 1, 'tax_class_id' => ''],
],
'Adding new product with attributes that do not have default values' => [
[
'sku' => 'simple_product_3',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'categories' => '_root_category',
'website_code' => '',
'name' => 'Simple Product 3',
'price' => 150,
'status' => 1,
'tax_class_id' => '2',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 'not visible individually',
],
true,
[
'name' => 'Simple Product 3',
'price' => 150,
'status' => 1,
'tax_class_id' => '2',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 1,
'options_container' => 'container2',
'msrp_display_actual_price_type' => 0
],
],
'Adding new product with attributes that have default values' => [
[
'sku' => 'simple_product_4',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'categories' => '_root_category',
'website_code' => 'base',
'name' => 'Simple Product 4',
'price' => 100,
'status' => 1,
'tax_class_id' => '2',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 'catalog',
'msrp_display_actual_price_type' => 'In Cart',
],
true,
[
'name' => 'Simple Product 4',
'price' => 100,
'status' => 1,
'tax_class_id' => '2',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 2,
'options_container' => 'container2',
'msrp_display_actual_price_type' => 2
],
],
'Adding new product with empty attribute value for attribute_type = select' => [
[
'sku' => 'simple_product_5',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'categories' => '_root_category',
'website_code' => '',
'name' => 'Simple Product 5',
'price' => 150,
'status' => 1,
'tax_class_id' => ' ',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 'not visible individually',
'addition_attribute' => '',
],
true,
[
'name' => 'Simple Product 5',
'price' => 150,
'status' => 1,
'tax_class_id' => ' ',
'weight' => 1,
'description' => 'a',
'short_description' => 'a',
'visibility' => 1,
'options_container' => 'container2',
'msrp_display_actual_price_type' => 0,
],
],
];
}
/**
* Test cleaning imported attribute data from empty values (note '0' is not empty).
*
* @magentoDbIsolation enabled
* @magentoAppIsolation enabled
* @magentoDataFixture Magento/CatalogImportExport/Model/Import/_files/custom_attributes.php
* @dataProvider clearEmptyDataDataProvider
* @param array $rowData
* @param array $expectedAttributes
* @return void
*/
public function testClearEmptyData(array $rowData, array $expectedAttributes): void
{
$actualAttributes = $this->_model->clearEmptyData($rowData);
foreach ($expectedAttributes as $key => $value) {
$this->assertArrayHasKey($key, $actualAttributes);
$this->assertEquals($value, $actualAttributes[$key]);
}
}
/**
* Data provider for testClearEmptyData.
*
* @return array
*/
public function clearEmptyDataDataProvider(): array
{
// We use sku attribute to test static attributes.
return [
[
[
'sku' => 'simple1',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
'test_attribute' => '1',
],
[
'sku' => 'simple1',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
'test_attribute' => '1',
],
],
[
[
'sku' => '0',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
'test_attribute' => '0',
],
[
'sku' => '0',
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
'test_attribute' => '0',
],
],
[
[
'sku' => null,
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
'test_attribute' => null,
],
[
'sku' => null,
'store_view_code' => '',
'_attribute_set' => 'Default',
'product_type' => 'simple',
'name' => 'Simple 01',
'price' => 10,
],
],
];
}
}
|
StorySuper-Assassin John Wick (Keanu Reeves) is on the run after killing a member of the international assassin's guild, and with a $14 million price tag on his head - he is the target of hit men and women everywhere. |
llvm-profdata - Profile data tool
=================================
SYNOPSIS
--------
:program:`llvm-profdata` *command* [*args...*]
DESCRIPTION
-----------
The :program:`llvm-profdata` tool is a small utility for working with profile
data files.
COMMANDS
--------
* :ref:`merge <profdata-merge>`
* :ref:`show <profdata-show>`
.. program:: llvm-profdata merge
.. _profdata-merge:
MERGE
-----
SYNOPSIS
^^^^^^^^
:program:`llvm-profdata merge` [*options*] [*filenames...*]
DESCRIPTION
^^^^^^^^^^^
:program:`llvm-profdata merge` takes several profile data files
generated by PGO instrumentation and merges them together into a single
indexed profile data file.
OPTIONS
^^^^^^^
.. option:: -help
Print a summary of command line options.
.. option:: -output=output, -o=output
Specify the output file name. *Output* cannot be ``-`` as the resulting
indexed profile data can't be written to standard output.
.. option:: -instr (default)
Specify that the input profile is an instrumentation-based profile.
.. option:: -sample
Specify that the input profile is a sample-based profile. When using
sample-based profiles, the format of the generated file can be generated
in one of three ways:
.. option:: -binary (default)
Emit the profile using a binary encoding.
.. option:: -text
Emit the profile in text mode.
.. option:: -gcc
Emit the profile using GCC's gcov format (Not yet supported).
.. program:: llvm-profdata show
.. _profdata-show:
SHOW
----
SYNOPSIS
^^^^^^^^
:program:`llvm-profdata show` [*options*] [*filename*]
DESCRIPTION
^^^^^^^^^^^
:program:`llvm-profdata show` takes a profile data file and displays the
information about the profile counters for this file and
for any of the specified function(s).
If *filename* is omitted or is ``-``, then **llvm-profdata show** reads its
input from standard input.
OPTIONS
^^^^^^^
.. option:: -all-functions
Print details for every function.
.. option:: -counts
Print the counter values for the displayed functions.
.. option:: -function=string
Print details for a function if the function's name contains the given string.
.. option:: -help
Print a summary of command line options.
.. option:: -output=output, -o=output
Specify the output file name. If *output* is ``-`` or it isn't specified,
then the output is sent to standard output.
.. option:: -instr (default)
Specify that the input profile is an instrumentation-based profile.
.. option:: -sample
Specify that the input profile is a sample-based profile.
EXIT STATUS
-----------
:program:`llvm-profdata` returns 1 if the command is omitted or is invalid,
if it cannot read input files, or if there is a mismatch between their data.
|
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