text stringlengths 8 5.77M |
|---|
Then again, Müller and Nadal were putting on a such a compelling show, those fans might have stayed put.
Nadal’s loss was so unexpected because he has played very well in the first half of the year, especially on clay, where he cruised to his record 10th French Open title last month. Over his first three matches at Wimbledon, his form was holding on the dry grass and dirty patches of the courts. Nadal acknowledged that the conditions were increasingly favoring his preferred clay-court style of play.
But Müller’s big serve and strong net play were built for grass, erasing Nadal’s momentum entering the match.
“I lost in the fourth round,” Nadal lamented. “That’s not the result that I was expecting.”
Müller is now 11-1 on grass this season. He dominated the first two sets, using his deceptive toss and serve to confuse Nadal, who did not break until the third set.
But Nadal moved back a step from the baseline to get a bit more time to return with more authority, and gained momentum with each successful stroke.
When he finally broke to make it 3-1 in the third set, Nadal yelled to emphasize the point, inviting the fans to join the fray on his behalf.
When he held his serve to go up by 4-1, he thrust his fist, jumped into the air — without hitting his head this time — and yelled. The audience responded, and Nadal rode the wave to capture the set. |
Geavanceerd
Sodium is a modern, easy-to-use software library for encryption, decryption, signatures, password hashing and more. It is a portable, cross-compilable, installable, packageable fork of NaCl, with a compatible API, and an extended API to improve usability even further. Its goal is to provide all of the core operations needed to build higher-level cryptographic tools.
Sodium is cross-platforms and cross-languages. It runs on a variety of compilers and operating systems, including Windows (with MinGW or Visual Studio, x86 and x86_64), iOS and Android. Javascript and WebAssembly versions are also available and are fully supported. Bindings for all common programming languages are available and well-supported.
Version 7.2.0 and newer of the PHP programming language includes the Sodium extension (referred to as ext/sodium) as a core cryptography library. Version 2 of the PHP extension in PECL is compatible with ext/sodium in PHP 7.2.
LimeSurvey uses the Sodium Compat library to bridge with different PHP versions.
This library tentatively supports PHP 5.2.4 - 7.x (latest), but officially it only supports non-EOL'd versions of PHP.
Data encryption/decryption methods used in LimeSurvey are based on public-key signatures. Public and secret keys can be found in /application/config/security.php file. Keys are automatically generated on first usage of encryption feature.
Warning : Once data encryption is turned on, data in corresponding database columns would become unreadable without decrypting them first. You should always have a backup of your encryption keys in case they get deleted.
Also, once encryption keys are set, you should never change them because it would make all existing data unusable.
Errors
Possible errors when using data encryption:
library doesn't exists: PHP Sodium library have to be installed to be able to use data encryption feature. Here is a guide on how to install library: Sodium installation. If you don't want to use data encryption, you have to disable encryption in attribute settings.
wrong decryption key: decryption key has changed since data was last saved, so data can't be decrypted. The only way to decrypt data is to retrieve the original key from backup and replace the current decryption key with the original key. |
/*
* NewTek NDI output
* Copyright (c) 2017 Maksym Veremeyenko
*
* This file is part of FFmpeg.
*
* FFmpeg is free software; you can redistribute it and/or
* modify it under the terms of the GNU Lesser General Public
* License as published by the Free Software Foundation; either
* version 2.1 of the License, or (at your option) any later version.
*
* FFmpeg 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 FFmpeg; if not, write to the Free Software
* Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
*/
#include "libavformat/avformat.h"
#include "libavformat/internal.h"
#include "libavutil/opt.h"
#include "libavutil/imgutils.h"
#include "libndi_newtek_common.h"
struct NDIContext {
const AVClass *cclass;
/* Options */
int reference_level;
int clock_video, clock_audio;
NDIlib_video_frame_t *video;
NDIlib_audio_frame_interleaved_16s_t *audio;
NDIlib_send_instance_t ndi_send;
AVFrame *last_avframe;
};
static int ndi_write_trailer(AVFormatContext *avctx)
{
struct NDIContext *ctx = avctx->priv_data;
if (ctx->ndi_send) {
NDIlib_send_destroy(ctx->ndi_send);
av_frame_free(&ctx->last_avframe);
}
av_freep(&ctx->video);
av_freep(&ctx->audio);
return 0;
}
static int ndi_write_video_packet(AVFormatContext *avctx, AVStream *st, AVPacket *pkt)
{
struct NDIContext *ctx = avctx->priv_data;
AVFrame *avframe, *tmp = (AVFrame *)pkt->data;
if (tmp->format != AV_PIX_FMT_UYVY422 && tmp->format != AV_PIX_FMT_BGRA &&
tmp->format != AV_PIX_FMT_BGR0 && tmp->format != AV_PIX_FMT_RGBA &&
tmp->format != AV_PIX_FMT_RGB0) {
av_log(avctx, AV_LOG_ERROR, "Got a frame with invalid pixel format.\n");
return AVERROR(EINVAL);
}
if (tmp->linesize[0] < 0) {
av_log(avctx, AV_LOG_ERROR, "Got a frame with negative linesize.\n");
return AVERROR(EINVAL);
}
if (tmp->width != ctx->video->xres ||
tmp->height != ctx->video->yres) {
av_log(avctx, AV_LOG_ERROR, "Got a frame with invalid dimension.\n");
av_log(avctx, AV_LOG_ERROR, "tmp->width=%d, tmp->height=%d, ctx->video->xres=%d, ctx->video->yres=%d\n",
tmp->width, tmp->height, ctx->video->xres, ctx->video->yres);
return AVERROR(EINVAL);
}
avframe = av_frame_clone(tmp);
if (!avframe)
return AVERROR(ENOMEM);
ctx->video->timecode = av_rescale_q(pkt->pts, st->time_base, NDI_TIME_BASE_Q);
ctx->video->line_stride_in_bytes = avframe->linesize[0];
ctx->video->p_data = (void *)(avframe->data[0]);
av_log(avctx, AV_LOG_DEBUG, "%s: pkt->pts=%"PRId64", timecode=%"PRId64", st->time_base=%d/%d\n",
__func__, pkt->pts, ctx->video->timecode, st->time_base.num, st->time_base.den);
/* asynchronous for one frame, but will block if a second frame
is given before the first one has been sent */
NDIlib_send_send_video_async(ctx->ndi_send, ctx->video);
av_frame_free(&ctx->last_avframe);
ctx->last_avframe = avframe;
return 0;
}
static int ndi_write_audio_packet(AVFormatContext *avctx, AVStream *st, AVPacket *pkt)
{
struct NDIContext *ctx = avctx->priv_data;
ctx->audio->p_data = (short *)pkt->data;
ctx->audio->timecode = av_rescale_q(pkt->pts, st->time_base, NDI_TIME_BASE_Q);
ctx->audio->no_samples = pkt->size / (ctx->audio->no_channels << 1);
av_log(avctx, AV_LOG_DEBUG, "%s: pkt->pts=%"PRId64", timecode=%"PRId64", st->time_base=%d/%d\n",
__func__, pkt->pts, ctx->audio->timecode, st->time_base.num, st->time_base.den);
NDIlib_util_send_send_audio_interleaved_16s(ctx->ndi_send, ctx->audio);
return 0;
}
static int ndi_write_packet(AVFormatContext *avctx, AVPacket *pkt)
{
AVStream *st = avctx->streams[pkt->stream_index];
if (st->codecpar->codec_type == AVMEDIA_TYPE_VIDEO)
return ndi_write_video_packet(avctx, st, pkt);
else if (st->codecpar->codec_type == AVMEDIA_TYPE_AUDIO)
return ndi_write_audio_packet(avctx, st, pkt);
return AVERROR_BUG;
}
static int ndi_setup_audio(AVFormatContext *avctx, AVStream *st)
{
struct NDIContext *ctx = avctx->priv_data;
AVCodecParameters *c = st->codecpar;
if (ctx->audio) {
av_log(avctx, AV_LOG_ERROR, "Only one audio stream is supported!\n");
return AVERROR(EINVAL);
}
ctx->audio = av_mallocz(sizeof(NDIlib_audio_frame_interleaved_16s_t));
if (!ctx->audio)
return AVERROR(ENOMEM);
ctx->audio->sample_rate = c->sample_rate;
ctx->audio->no_channels = c->channels;
ctx->audio->reference_level = ctx->reference_level;
avpriv_set_pts_info(st, 64, 1, NDI_TIME_BASE);
return 0;
}
static int ndi_setup_video(AVFormatContext *avctx, AVStream *st)
{
struct NDIContext *ctx = avctx->priv_data;
AVCodecParameters *c = st->codecpar;
if (ctx->video) {
av_log(avctx, AV_LOG_ERROR, "Only one video stream is supported!\n");
return AVERROR(EINVAL);
}
if (c->codec_id != AV_CODEC_ID_WRAPPED_AVFRAME) {
av_log(avctx, AV_LOG_ERROR, "Unsupported codec format!"
" Only AV_CODEC_ID_WRAPPED_AVFRAME is supported (-vcodec wrapped_avframe).\n");
return AVERROR(EINVAL);
}
if (c->format != AV_PIX_FMT_UYVY422 && c->format != AV_PIX_FMT_BGRA &&
c->format != AV_PIX_FMT_BGR0 && c->format != AV_PIX_FMT_RGBA &&
c->format != AV_PIX_FMT_RGB0) {
av_log(avctx, AV_LOG_ERROR, "Unsupported pixel format!"
" Only AV_PIX_FMT_UYVY422, AV_PIX_FMT_BGRA, AV_PIX_FMT_BGR0,"
" AV_PIX_FMT_RGBA, AV_PIX_FMT_RGB0 is supported.\n");
return AVERROR(EINVAL);
}
if (c->field_order == AV_FIELD_BB || c->field_order == AV_FIELD_BT) {
av_log(avctx, AV_LOG_ERROR, "Lower field-first disallowed");
return AVERROR(EINVAL);
}
ctx->video = av_mallocz(sizeof(NDIlib_video_frame_t));
if (!ctx->video)
return AVERROR(ENOMEM);
switch(c->format) {
case AV_PIX_FMT_UYVY422:
ctx->video->FourCC = NDIlib_FourCC_type_UYVY;
break;
case AV_PIX_FMT_BGRA:
ctx->video->FourCC = NDIlib_FourCC_type_BGRA;
break;
case AV_PIX_FMT_BGR0:
ctx->video->FourCC = NDIlib_FourCC_type_BGRX;
break;
case AV_PIX_FMT_RGBA:
ctx->video->FourCC = NDIlib_FourCC_type_RGBA;
break;
case AV_PIX_FMT_RGB0:
ctx->video->FourCC = NDIlib_FourCC_type_RGBX;
break;
}
ctx->video->xres = c->width;
ctx->video->yres = c->height;
ctx->video->frame_rate_N = st->avg_frame_rate.num;
ctx->video->frame_rate_D = st->avg_frame_rate.den;
ctx->video->frame_format_type = c->field_order == AV_FIELD_PROGRESSIVE
? NDIlib_frame_format_type_progressive
: NDIlib_frame_format_type_interleaved;
if (st->sample_aspect_ratio.num) {
AVRational display_aspect_ratio;
av_reduce(&display_aspect_ratio.num, &display_aspect_ratio.den,
st->codecpar->width * (int64_t)st->sample_aspect_ratio.num,
st->codecpar->height * (int64_t)st->sample_aspect_ratio.den,
1024 * 1024);
ctx->video->picture_aspect_ratio = av_q2d(display_aspect_ratio);
}
else
ctx->video->picture_aspect_ratio = (double)st->codecpar->width/st->codecpar->height;
avpriv_set_pts_info(st, 64, 1, NDI_TIME_BASE);
return 0;
}
static int ndi_write_header(AVFormatContext *avctx)
{
int ret = 0;
unsigned int n;
struct NDIContext *ctx = avctx->priv_data;
const NDIlib_send_create_t ndi_send_desc = { .p_ndi_name = avctx->url,
.p_groups = NULL, .clock_video = ctx->clock_video, .clock_audio = ctx->clock_audio };
if (!NDIlib_initialize()) {
av_log(avctx, AV_LOG_ERROR, "NDIlib_initialize failed.\n");
return AVERROR_EXTERNAL;
}
/* check if streams compatible */
for (n = 0; n < avctx->nb_streams; n++) {
AVStream *st = avctx->streams[n];
AVCodecParameters *c = st->codecpar;
if (c->codec_type == AVMEDIA_TYPE_AUDIO) {
if ((ret = ndi_setup_audio(avctx, st)))
goto error;
} else if (c->codec_type == AVMEDIA_TYPE_VIDEO) {
if ((ret = ndi_setup_video(avctx, st)))
goto error;
} else {
av_log(avctx, AV_LOG_ERROR, "Unsupported stream type.\n");
ret = AVERROR(EINVAL);
goto error;
}
}
ctx->ndi_send = NDIlib_send_create(&ndi_send_desc);
if (!ctx->ndi_send) {
av_log(avctx, AV_LOG_ERROR, "Failed to create NDI output %s\n", avctx->url);
ret = AVERROR_EXTERNAL;
}
error:
return ret;
}
#define OFFSET(x) offsetof(struct NDIContext, x)
static const AVOption options[] = {
{ "reference_level", "The audio reference level in dB" , OFFSET(reference_level), AV_OPT_TYPE_INT, { .i64 = 0 }, -20, 20, AV_OPT_FLAG_ENCODING_PARAM | AV_OPT_FLAG_AUDIO_PARAM},
{ "clock_video", "These specify whether video 'clock' themselves" , OFFSET(clock_video), AV_OPT_TYPE_BOOL, { .i64 = 0 }, 0, 1, AV_OPT_FLAG_ENCODING_PARAM | AV_OPT_FLAG_VIDEO_PARAM },
{ "clock_audio", "These specify whether audio 'clock' themselves" , OFFSET(clock_audio), AV_OPT_TYPE_BOOL, { .i64 = 0 }, 0, 1, AV_OPT_FLAG_ENCODING_PARAM | AV_OPT_FLAG_AUDIO_PARAM },
{ NULL },
};
static const AVClass libndi_newtek_muxer_class = {
.class_name = "NDI muxer",
.item_name = av_default_item_name,
.option = options,
.version = LIBAVUTIL_VERSION_INT,
.category = AV_CLASS_CATEGORY_DEVICE_VIDEO_OUTPUT,
};
AVOutputFormat ff_libndi_newtek_muxer = {
.name = "libndi_newtek",
.long_name = NULL_IF_CONFIG_SMALL("Network Device Interface (NDI) output using NewTek library"),
.audio_codec = AV_CODEC_ID_PCM_S16LE,
.video_codec = AV_CODEC_ID_WRAPPED_AVFRAME,
.subtitle_codec = AV_CODEC_ID_NONE,
.flags = AVFMT_NOFILE,
.priv_class = &libndi_newtek_muxer_class,
.priv_data_size = sizeof(struct NDIContext),
.write_header = ndi_write_header,
.write_packet = ndi_write_packet,
.write_trailer = ndi_write_trailer,
};
|
#maruku=ruby -I~/maruku/lib ~/maruku/bin/maruku
maruku=maruku
out=csm_manual.pdf csm_manual.html
all: $(out)
cp $(out) ..
src=\
preamble.txt \
inline_style.css \
readme.txt \
install.txt \
install-ruby.txt \
laserdata.txt \
formats.txt \
examples.txt \
embedding.txt
%: tmp_%
cp $< $@
csm_manual.txt: $(src)
cat $^ > $@
%.pdf: %.txt
$(maruku) --pdf -o $@ $<
%.html: %.txt
$(maruku) --html $<
clean:
rm $(out)
copy: out/csm_manual.html
cp $< ../CSM_MANUAL.html
|
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The purpose of this thread is to allow free discussion of theories and speculation of the Macross Delta anime series, but be warned since it may contain unmarked spoilers. Having a central location may help focus the discussion instead of spreading speculation over the various episode discussion threads.
For me, the entire grievance Windermere has so far somehow does not feel right, at least for what they state. "Unfair trade agreements" is not exactly a reason to declare war on the rest of the galaxy. I'm more sympathetic about their initial rebellion, though.
My guess is still that the protoculture barrier shield they activated during the rebellion is draining the energy from their planet (there have been similar superweapons in other media, like for example the Jedi Knight story if Star Wars The Old Republic) and they are doing a hail mary to get something to stop the decline of their race. And they probably are too prideful to ask for help from NUNS.
For me, the entire grievance Windermere has so far somehow does not feel right, at least for what they state. "Unfair trade agreements" is not exactly a reason to declare war on the rest of the galaxy.
All revolutions and wars of independence in the American continent were about unfair trade agreements (and taxes) dressed up as something grand to make the mob buy that (there were a few idealists like Roid, I guess, but most were just pragmatic people like Keith). So in a way, Kawamori is being actually realistic here, because what leads people to wage war are 99% related to the economic interest of the leading classes. Plus, any country or planet, engaged in an economic dependence of a potentially hostile and overbearing 'empire' would resent them deeply. Even those who give casual lipservice. Because they cannot actually grow as long as they exist as the monopoly of all things, you know? That includes culture which is hugely important in Macross. I'm fairly impressed that their reasons to go to war are fairly reasonable and their procedure is very based on real life tactics (including testing their new weapons before using them in open conflict: USA, France, Germany, etc all of them have done the same).
"Declaring war to the galaxy" is incorrect, imo. They are liberating the planets from the control of a handful people of Spacy, in their point of view. They just want to destroy the human monopoly of power, it seems. Again, it's fairly realistic. That two planets peacefully surrendered should alert the viewers that the Galaxy Government isn't something very well received. They declared war on a single entity, not the people of the galaxy, there is a difference.
__________________
"Who would understand you after I die? Who else would march forward by your side?"
International treaties (intergalactic, in this case) aren't just about trade. And the word that was translated as "profit" (利益) is broadly used to refer to all kinds of "benefits," not just those from trade.
Yeah, I highly doubt profit here has much to do with trade, but how the ruins of protoculture is being utilized. The unequal treaty here I suspect, is not about how many apples the Wind can export to the rest of the galaxy, but how the technology of protoculture is utilized & distributed. I suspect many personnel of the NUN are not paying heed to the Wind's brand of respect to protoculture legacies and discrete them in a way that the Wind finds offensive.
Quote:
Originally Posted by Thess
That two planets peacefully surrendered should alert the viewers that the Galaxy Government isn't something very well received. They declared war on a single entity, not the people of the galaxy, there is a difference.
In the Macross-verse, and indeed in many sci-fi verse where FTL & space travel is common, controlling a planetary orbit usually means having the power to dictate life and death on the surface. The Wind did just that. There was no need for further resistance or bitter urban combat on the streets because all NUNs military had been subdued at that point.
This is true in Star Wars, Space Battleship Yamato and Warhammer 40k.
This does not necessarily mean the NUN is unpopular. Up until now, the NUN had maintain a very minor presence among affiliated colonies & planets. Indeed, the NUN is rather laissez faire to local entities.
International treaties (intergalactic, in this case) aren't just about trade. And the word that was translated as "profit" (利益) is broadly used to refer to all kinds of "benefits," not just those from trade.
Oh, I can totally see how the NUNS colony fleet might have treated the Windermerans as "savage natives", 19th century imperialism style, though I wonder how that will have gone, given the Windermerans obvious physical superiority. Not to mention that the Windermerans obviously got their own air force out of the deal.
However, that still doesn't excuse a terror campaign followed by a war of aggression seven years after pushing NUNS off the planet. And I don't believe that the Windermerans got radically different standards of morality, given how Freyja surely does seem horrified by the VAR attack on the civilian population of Al-Shahal.
Quote:
Originally Posted by Thess
All revolutions and wars of independence in the American continent were about unfair trade agreements (and taxes) dressed up as something grand to make the mob buy that (there were a few idealists like Roid, I guess, but most were just pragmatic people like Keith). So in a way, Kawamori is being actually realistic here, because what leads people to wage war are 99% related to the economic interest of the leading classes. Plus, any country or planet, engaged in an economic dependence of a potentially hostile and overbearing 'empire' would resent them deeply. Even those who give casual lipservice. Because they cannot actually grow as long as they exist as the monopoly of all things, you know? That includes culture which is hugely important in Macross. I'm fairly impressed that their reasons to go to war are fairly reasonable and their procedure is very based on real life tactics (including testing their new weapons before using them in open conflict: USA, France, Germany, etc all of them have done the same).
"Declaring war to the galaxy" is incorrect, imo. They are liberating the planets from the control of a handful people of Spacy, in their point of view. They just want to destroy the human monopoly of power, it seems. Again, it's fairly realistic. That two planets peacefully surrendered should alert the viewers that the Galaxy Government isn't something very well received. They declared war on a single entity, not the people of the galaxy, there is a difference.
See, the problem with the whole "cultural appropiation thing" is Ragna. The Ragnans seem to have fully integrated their culture with NUNS, without losing their individuality. This is of course only on the few things we have seen, but if there were a widespread dislike of NUNS for imposing their cultural norms on other cultures, it'd be nice if the show did demonstrate that outside of the Windermerans, who by all appearances have a gigantic chip on their shoulders, believing themselves to be the "true children of Protoculture".
Quote:
Originally Posted by Tak
In the Macross-verse, and indeed in many sci-fi verse where FTL & space travel is common, controlling a planetary orbit usually means having the power to dictate life and death on the surface. The Wind did just that. There was no need for further resistance or bitter urban combat on the streets because all NUNs military had been subdued at that point.
This is true in Star Wars, Space Battleship Yamato and Warhammer 40k.
Yeah, having the power (and will) to declare Exterminatus on a planet is something which makes the local resistance think twice about what they are doing.
Quote:
Originally Posted by Tak
This does not necessarily mean the NUN is unpopular. Up until now, the NUN had maintain a very minor presence among affiliated colonies & planets. Indeed, the NUN is rather laissez faire to local entities. - Tak
Which is why I wonder where the show is going in that regard. Ragna and Al-Shahal both did not seem like NUNS was being heavy handed. So far it seems the Windermeran leadership only has a gigantic metal rod up their ass and wants to boss around everyone because they believe themselves to be the Chosen Ones.
Well I do wonder what the Megaroad wanted so badly, so they'll even trade advanced tech like that NOT!F104. Did they actually tried to colonize? I mean the place seems undeveloped, despite they have run the planet for decades.
Speaking of ruins, do others beside Windamere even knows about them? I got a impression that people dont? Otherwise it shoudlnt be very hard to guess how Windamere are connected to the Var when they figure the connection in ep5
Speaking of NUNS, like I said in other posts the NUNS doesnt really assert much control, as long as the fleets doesnt do stupid shit NUNS dont really care. Different fleet should have different policies. Some are a-hole, some aren't.
"Declaring war to the galaxy" is incorrect, imo. They are liberating the planets from the control of a handful people of Spacy, in their point of view. They just want to destroy the human monopoly of power, it seems. Again, it's fairly realistic. That two planets peacefully surrendered should alert the viewers that the Galaxy Government isn't something very well received. They declared war on a single entity, not the people of the galaxy, there is a difference.
It is the NUN or NUNG not Spacy or NUNS. NUNS is the military and Macross doesn't have a military government it would be affront to what Global wanted for humanity.
The UNG to the new UNG to the now NUNG are all civilian governments. The first one was the centralized government of Earth, the second was planets and fleet are semi-autonomous but still under Earth's central government, the last iteration since Earth can't govern due to far away these planets and fleets are they decentralized effectively making them sovereign states and now the NUN is a EU like organization with a parliament of member states. NUNS is space NATO.
So it is redundant to have a war of independence if you are already independent. Unless it is motivated by racism and they started attacking humans and Zentradi then the NUN has a right to protect those people. Since they can't win conventionally the Kingdom of Wind implemented a dimensional weapon. A weapon that most likely doomed their planet. Hoist by their own petard they seek to conquer the Brisingr cluster for their own people. The inhabitable planets are members of the NUN.
Mind you we aren't sure if the Megaroad actually settled Windermere. It could be similar to Zola where the planet was admitted to the nUNG by making a treaty. A small number of Earthers on the planet.
The revolution could be similar to the Iranian revolution.
edit: Some anon viewing 2ch which I'm assuming from the same anime magazine where we got info about Walkure and Mirage.
After using Google translate here is the gist of it.
Basically after the Unification War ex-Anti-UN researchers who scattered across the galaxy contributed to the Sv-262 Draken III. Their tech is better than United Forces and are complicit to what happened to Windermere.
From the Windermereians' point of view 40 years ago, before they encountered humanity, they did not think that their life spans were "short." However, out of nowhere, a race with advanced technology, as well as a long lifespan arrived onto Windermere. However, their physical abilities weren't high, and they did not possess "run." They must have had confusing and complex thoughts such as why did they (the Windermereians) have to die so quickly.
They're going to include new Walkure songs, about one per episode.
The speed of the era has gotten faster. (probably talking bout RL) In such an environment we're trying to constantly announce a wide-range of songs, as well as create a product that is not too caught up in one particular genre. The story-side of it is "We don't know what songs will work on the Varl, so will try many different songs."
They are apparently on the very edges of the galaxy, and would imply to have maintained a closely-knit network for a very long time.
Though this is pretty interesting, Wind are using basically human tech and receiving human help against the human NUN... gee, no complications there, I suppose. The Anti-UN are probably laughing their butt off right now for someone proclaiming themselves to be the true heirs of protoculture while getting assistance from the folks they are supposed to despise.
自分たちの寿命が短いとは思っていなか ったんです。
身体能力は高くないし、『ルン』も持っていない。この差は何なんだと。
Wind didn't think their lives were short lived until encountering humans, and is more than compensated by physical prowess. Though ... IMO, they are still nothing compared to the Zentradi. I wonder how they view those... green giants.
彼らは統合軍側よりも自分たちのほうが技術的に優れていたのではないかといまだに信じている。
A little correction here, the anti-UN believes their technology is better, but otherwise have nothing to back it up at this time. This is probably the reason why they are using Windermere as a testing bed for the results of their work.
Although it may be too soon, but I think this sheds light on the real big-bad.
Interesting, I didn't know that there was anti-UN force who survived space war I, maybe some of them are the true mastermind behind the winds conflict now.
All the way back in the original Super Dimension Fortress Macross, the Mars base garrison was, according to Global, destroyed by Anti-UN forces while traveling back to Earth. That must have happened close enough to the start of SDFM that Misa still has hope for Riber being alive.
I would imagine that when the Zentradi attacked, the remaining Anti-UN forces would have been smart enough to claim allegiance to and blend back in with the rest of humanity (or simply hid out on some isolated portion of the Solar system for a year), and then revived their separatist ways later. They should have been ecstatic about the Seeding Project; if they concealed themselves carefully, they could become a majority political force on a colonization ship and go somewhere were UN Spacy wouldn't have a good grip on them.
Interesting, I didn't know that there was anti-UN force who survived space war I, maybe some of them are the true mastermind behind the winds conflict now.
In 2007 the Anti-UN officially surrendered. What we saw in 2008 as per Macross Zero were hold outs. In 2009 they got blamed publicly for South Ataria by the UNG. Then the rain of death happened the organization is pretty much dead.
There have been various separatists groups tagged as anti-unification but none trace their lineage to the old Anti-UN Alliance.
From the images we got the predecessor of the Draken III was possibly not designated as a VF or YF but SV.
Anyway not the first time somebody escaped Earth's gaze and started providing tech upgrades to would be enemies.
In 2030 a bunch of rebel Zentradi left Earth after the failed rebellion on Macross City taking with them the VFX-11 and a fold booster escaping to the edge of the galaxy where they met with the 63254109th Zentradi Outer Space Army. Providing them the technology to develop stealth version of their Glaugs, Regults, Gnerl fighter pods, Quel-Quallie and Enemy Variable Device Pheyos. When that fleet was defeated in 2047 the Pheyos found its way to the Black Rainbow terrorist group.
Now you see why Earth doesn't like providing their most advanced tech to far off planets and fleets on the possibility of it being used against them.
My speculation that in the the deep planet Windermere lies ancient mind-control weapon develop by Proto-culture to control the zentradi army. However this weapon not only can mind control protoculture themselves but weapon become self aware and plan to mind control entire galaxy. However it being stop by Anima spiritia and sealed in the Windemere
1 episode of the battle in the Freya was fledgling is not Some people who have a sense of discomfort
That was because Windermere who are important to live every moment because life is short
Because you may feel uncomfortable to go to foreign countries , but it is in the habit of and rationality of Nari the country
I want to embody the kind of sense of discomfort
And countries not uncommon in the world that happens only in the culture of the current Japan is blessed with cultural are regulated
Freya is Macross in not went jumping from such country is aware of the microcosm sense of the real world
From the gist of it Windermere is pretty much like Japan that they regulate what culture they take in. They are a bit uncomfortable of going outside the box as they have short lives.
Shoji Kawamori
From the Windermereians' point of view 40 years ago, before they encountered humanity, they did not think that their life spans were "short." However, out of nowhere, a race with advanced technology, as well as a long lifespan arrived onto Windermere. However, their physical abilities weren't high, and they did not possess "run." They must have had confusing and complex thoughts such as why did they (the Windermereians) have to die so quickly.
Windermereans were once blissfully ignorant of the outside then comes in the humans who are physically weak but way more advanced than they are and longer lived. This is their Culture Shock not in a Zentradi sort of way as they have their own culture.
Freyja may be a country girl but she is willing to make that leap out of her comfort zone.
I think the higher ups in Windemere have at least enough intelligence to know about Zentraedi in detail. I can actually see Windemereans beating Zents, ton to ton (miclone vs miclone, maclone vs maclone).
But exactly this intelligence is why the higher ups are so fuckin' jelly on Humans.
Just think about it, how many absurd shit UN/NUN solved in just their 50-60 years? At this point the legendary Protoculture would begin to freak out. Especially them, given humanity conquered both their gods (Vajra) and devils (Protodevlin) and did this with the most ridiculously stacked odds against them.
If somebody would make a summary for the Protoculture their reaction would undoubtedly be along the lines of "you got to be kidding me!".
Windemereans being jelly of this is a matter of course. Also it seems from that description and comparison that Kawamori doesn't even attempt to hide that Windemereans are kinda a stand-in for WW2 Japan.
Well, he was one of the first guys who made the "good side" use nukes in a Japanese anime so that doesn't seem that much off the mark for Kawamori anyways.
Just a fridge thought, which probably will be answered later: Where is Heinz singing from? It's implied that he's inside that castle. The castle wasn't there when the Megaroad showed up. But smaller Protoculture relics are moveable. |
Nelson Famadas
Nelson Famadas-Alapont was a Puerto Rican businessman who was the New Progressive Party candidate for Resident Commissioner in 1984, as Governor Carlos Romero Barceló's running mate. He previously served as Chief Economic Counsel to Romero Barceló. Famadas, who was born on November 24, 1948, died on January 25, 2010, at the age of 61, after a long illness.
Famadas was the top economic advisor to the Episcopal Church of the United States' Diocese of Puerto Rico, serving on the board of directors of two of its non-profit community-based health-related entities which operate two hospitals and a home-based health care system. At the time of his death he served as Vice Chairman of the Board of Sun American Bank in Boca Ratón, Florida, as Chairman and CEO of Gables Holding Corporation, real estate development company and is an Adjunct Professor, lecturing in Operations Management, at the School of Business Administration at Florida International University (FIU).
A Democrat, Famadas raised funds for President Barack Obama's presidential campaign. Dr. Famadas held a PhD in Business and Applied Economics from the Wharton School of the University of Pennsylvania.
References
Category:Puerto Rican Episcopalians
Category:1948 births
Category:2010 deaths
Category:Wharton School of the University of Pennsylvania alumni |
Q:
Json Object mapping Swift
I would like to do a Post request to a url however i just learnt of new concept in Swift called Object mapping. All the tutorial i have learnt how to map the Json object to swift structs or classes but non shows me how to use these objects once they are mapped.
How do i access these objects such that i use them when doing a post request.
Here is example Json:
{
"country": "string",
"dateOfBirth": "string",
"email": "string",
"gender": "string",
"id": "string",
"interaction": {
"deviceOS": "string",
"deviceType": "string",
"interactionLocation": "string",
"interactionType": "string",
"timeStamp": "string"
},
"name": "string",
"occupation": "string",
"passportOrIDimage": "string",
"phoneNumber": "string",
"physicalAddress": "string",
"salutation": "string",
"surname": "string",
"userlogin": {
"accountNonExpired": true,
"accountNonLocked": true,
"credentialsNonExpired": true,
"enabled": true,
"password": "string",
"roles": [
{
"roleName": "string"
}
],
"username": "string"
}
}
Example Object mapping in swift 4 :
struct Register: Codable {
let country: String?
let dateOfBirth: String?
let email: String?
let gender: String?
let id: String?
let interaction: Interaction?
let name: String?
let occupation: String?
let passportOrIDimage: String?
let phoneNumber: String?
let physicalAddress: String?
let salutation: String?
let surname: String?
let userlogin: Userlogin?
enum CodingKeys: String, CodingKey {
case country = "country"
case dateOfBirth = "dateOfBirth"
case email = "email"
case gender = "gender"
case id = "id"
case interaction = "interaction"
case name = "name"
case occupation = "occupation"
case passportOrIDimage = "passportOrIDimage"
case phoneNumber = "phoneNumber"
case physicalAddress = "physicalAddress"
case salutation = "salutation"
case surname = "surname"
case userlogin = "userlogin"
}
}
struct Interaction: Codable {
let deviceOS: String?
let deviceType: String?
let interactionLocation: String?
let interactionType: String?
let timeStamp: String?
enum CodingKeys: String, CodingKey {
case deviceOS = "deviceOS"
case deviceType = "deviceType"
case interactionLocation = "interactionLocation"
case interactionType = "interactionType"
case timeStamp = "timeStamp"
}
}
struct Userlogin: Codable {
let accountNonExpired: Bool?
let accountNonLocked: Bool?
let credentialsNonExpired: Bool?
let enabled: Bool?
let password: String?
let roles: [Role]?
let username: String?
enum CodingKeys: String, CodingKey {
case accountNonExpired = "accountNonExpired"
case accountNonLocked = "accountNonLocked"
case credentialsNonExpired = "credentialsNonExpired"
case enabled = "enabled"
case password = "password"
case roles = "roles"
case username = "username"
}
}
struct Role: Codable {
let roleName: String?
enum CodingKeys: String, CodingKey {
case roleName = "roleName"
}
}
// MARK: Convenience initializers
extension Register {
init(data: Data) throws {
self = try JSONDecoder().decode(Register.self, from: data)
}
init(_ json: String, using encoding: String.Encoding = .utf8) throws {
guard let data = json.data(using: encoding) else {
throw NSError(domain: "JSONDecoding", code: 0, userInfo: nil)
}
try self.init(data: data)
}
init(fromURL url: URL) throws {
try self.init(data: try Data(contentsOf: url))
}
func jsonData() throws -> Data {
return try JSONEncoder().encode(self)
}
func jsonString(encoding: String.Encoding = .utf8) throws -> String? {
return String(data: try self.jsonData(), encoding: encoding)
}
}
extension Interaction {
init(data: Data) throws {
self = try JSONDecoder().decode(Interaction.self, from: data)
}
init(_ json: String, using encoding: String.Encoding = .utf8) throws {
guard let data = json.data(using: encoding) else {
throw NSError(domain: "JSONDecoding", code: 0, userInfo: nil)
}
try self.init(data: data)
}
init(fromURL url: URL) throws {
try self.init(data: try Data(contentsOf: url))
}
func jsonData() throws -> Data {
return try JSONEncoder().encode(self)
}
func jsonString(encoding: String.Encoding = .utf8) throws -> String? {
return String(data: try self.jsonData(), encoding: encoding)
}
}
extension Userlogin {
init(data: Data) throws {
self = try JSONDecoder().decode(Userlogin.self, from: data)
}
init(_ json: String, using encoding: String.Encoding = .utf8) throws {
guard let data = json.data(using: encoding) else {
throw NSError(domain: "JSONDecoding", code: 0, userInfo: nil)
}
try self.init(data: data)
}
init(fromURL url: URL) throws {
try self.init(data: try Data(contentsOf: url))
}
func jsonData() throws -> Data {
return try JSONEncoder().encode(self)
}
func jsonString(encoding: String.Encoding = .utf8) throws -> String? {
return String(data: try self.jsonData(), encoding: encoding)
}
}
extension Role {
init(data: Data) throws {
self = try JSONDecoder().decode(Role.self, from: data)
}
init(_ json: String, using encoding: String.Encoding = .utf8) throws {
guard let data = json.data(using: encoding) else {
throw NSError(domain: "JSONDecoding", code: 0, userInfo: nil)
}
try self.init(data: data)
}
init(fromURL url: URL) throws {
try self.init(data: try Data(contentsOf: url))
}
func jsonData() throws -> Data {
return try JSONEncoder().encode(self)
}
func jsonString(encoding: String.Encoding = .utf8) throws -> String? {
return String(data: try self.jsonData(), encoding: encoding)
}
}
I would to put the data i want to post in the params dictionary this where i am not sure how to do so using object mapping.
My post request :
var request = URLRequest(url: URL(string: "http://testURL")!)
request.httpMethod = "POST"
request.httpBody = try? JSONSerialization.data(withJSONObject: params as Any, options: [])
request.addValue("application/json", forHTTPHeaderField: "Content-Type")
let session = URLSession.shared
let task = session.dataTask(with: request, completionHandler: { data, response, error -> Void in
print(response!)
do {
let json = try JSONSerialization.jsonObject(with: data!) as! Dictionary<String, AnyObject>
let alert = UIAlertController(title: "Response", message: "message", preferredStyle: .alert)
alert.addAction(UIAlertAction(title: "Ok", style: .default, handler: nil))
print(json)
} catch {
print("error")
}
})
task.resume()
}
A:
if you observe in your struct
func jsonData() throws -> Data {
return try JSONEncoder().encode(self)
}
In your post request you can use like this
request.httpBody = try? objectOfCodableStruct.jsonData()
Hope it is helpful
|
I've just filmed this shocking incident of the motorbike rider careering in Viviani at #ParisRoubaix @TeamSky pic.twitter.com/pGPFmRfFvf — Guy Wolstencroft (@r8uge) April 10, 2016
Following Matthew Hayman’s victory at Paris-Roubaix on Sunday, video of a crash taken by a spectator on one of the courses many cobbled sections surfaced on Twitter. The video captures a dangerous collision between a rider and a motorbike, a story that is unfortunately becoming all too familiar in professional cycling.
As the peloton speeds along one of Paris-Roubaix’s 27 cobbled sectors, a Orica-GreenEdge rider appears to lose control of his bike causing a pile up on the narrow road. A motorbike that was following the race loses control and slides into Elia Viviani of Team Sky who had slowed down because of the bottleneck caused by the crash. Viviani gets pinned against the barriers by the motorbike and is seen holding his rib cage following the collision but fortunately his team announced that checks revealed no fractures after a visit to the local hospital.
The crash comes just a few weeks after Belgian Antoine Demoitié passed away following a collision at Gent-Wevelgen involving a motorbike.
>>Silber’s Elliot Doyle sprinted to a second place finish in the Redlands crit in a crash marred finale (video) |
Vehicle armour
Military vehicles are commonly armoured (or armored; see spelling differences) to withstand the impact of shrapnel, bullets, missiles or shells, protecting the personnel inside from enemy fire. Such vehicles include armoured fighting vehicles like tanks, aircraft and ships.
Civilian vehicles may also be armoured. These vehicles include cars used by officials (e.g., presidential limousines), reporters and others in conflict zones or where violent crime is common. Civilian armoured cars are also routinely used by security firms to carry money or valuables to reduce the risk of highway robbery or the hijacking of the cargo.
Armour may also be used in vehicles to protect from threats other than a deliberate attack. Some spacecraft are equipped with specialised armour to protect them against impacts from micrometeoroids or fragments of space junk. Modern aircraft powered by jet engines usually have them fitted with a sort of armour in the form of an aramid composite kevlar bandage around the fan casing or debris containment walls built into the casing of their gas turbine engines to prevent injuries or airframe damage should the fan, compressor, or turbine blades break free.
The design and purpose of the vehicle determines the amount of armour plating carried, as the plating is often very heavy and excessive amounts of armour restrict mobility. In order to decrease this problem, some new materials (nanomaterials) and material compositions are being researched which include buckypaper, and aluminium foam armour plates.
Materials
Metals
Steel
Rolled homogeneous armour is strong, hard, and tough (does not shatter when struck with a fast, hard blow). Steel with these characteristics are produced by processing cast steel billets of appropriate size and then rolling them into plates of required thickness. Rolling and forging (hammering the steel when it is red hot) irons out the grain structure in the steel, removing imperfections which would reduce the strength of the steel. Rolling also elongates the grain structure in the steel to form long lines, which enable the stress the steel is placed under when loaded to flow throughout the metal, and not be concentrated in one area.
Aluminium
Aluminium is used when light weight is a necessity. It is most commonly used on APCs and armoured cars. While certainly not the strongest metal, it is cheap, lightweight, and tough enough that it can serve as easy armor.
Iron
Wrought iron was used on ironclad warships. Early European iron armour consisted of 10 to 13 cm of wrought iron backed by up to one meter of solid wood. It has since been supplemented by Steel due to steel being significantly stronger.
Titanium
Titanium has almost twice the density of aluminium, but is as strong as iron. So, despite being more expensive, it finds an application in areas where weight is a concern, such as personal armour and military aviation. Some notable examples of its use include the USAF A-10 Thunderbolt II and the Soviet/Russian-built Sukhoi Su-25 ground-attack aircraft, utilising a bathtub-shaped titanium enclosure for the pilot, as well as the Soviet/Russian Mil Mi-24 attack helicopter.
Uranium
Because of its high density, depleted uranium can also be used in tank armour, sandwiched between sheets of steel armour plate. For instance, some late-production M1A1HA and M1A2 Abrams tanks built after 1998 have DU reinforcement as part of the armour plating in the front of the hull and the front of the turret, and there is a program to upgrade the rest (see Chobham armour).
Plastic
Plastic metal was a type of vehicle armour originally developed for merchant ships by the British Admiralty in 1940. The original composition was described as 50% clean granite of half-inch size, 43% of limestone mineral, and 7% of bitumen. It was typically applied in a layer two inches thick and backed by half an inch of steel.
Plastic armour was highly effective at stopping armour piercing bullets because the hard granite particles would deflect the bullet, which would then lodge between plastic armour and the steel backing plate. Plastic armour could be applied by pouring it into a cavity formed by the steel backing plate and a temporary wooden form.
Some main battle tank (MBT) armour utilises polymers, for example polyurethane as used in the 'BDD' applique armor applied to modernized T-62 and T-55.
Glass
Bulletproof glass is a colloquial term for glass that is particularly resistant to being penetrated when struck by bullets. The industry generally refers to it as bullet-resistant glass or transparent armour.
Bullet-resistant glass is usually constructed using a strong but transparent material such as polycarbonate thermoplastic or by using layers of laminated glass. The desired result is a material with the appearance and light-transmitting behaviour of standard glass, which offers varying degrees of protection from small arms fire.
The polycarbonate layer, usually consisting of products such as Armormax, Makroclear, Cyrolon, Lexan or Tuffak, is often sandwiched between layers of regular glass. The use of plastic in the laminate provides impact-resistance, such as physical assault with a hammer, an axe, etc. The plastic provides little in the way of bullet-resistance. The glass, which is much harder than plastic, flattens the bullet and thereby prevents penetration. This type of bullet-resistant glass is usually 70–75 mm (2.8–3.0 in) thick.
Bullet-resistant glass constructed of laminated glass layers is built from glass sheets bonded together with polyvinyl butyral, polyurethane or ethylene-vinyl acetate. This type of bullet-resistant glass has been in regular use on combat vehicles since World War II; it is typically about 100–120 mm (3.9–4.7 in) thick and is usually extremely heavy.
Newer materials are being developed. One such, aluminium oxynitride, is much lighter but at US$10–15 per square inch is much more costly.
Ceramic
Ceramic's precise mechanism for defeating HEAT was uncovered in the 1980s. High speed photography showed that the ceramic material shatters as the HEAT round penetrates, the highly energetic fragments destroying the geometry of the metal jet generated by the hollow charge, greatly diminishing the penetration. Ceramic layers can also be used as part of composite armour solutions. The high hardness of some ceramic materials serves as a disruptor that shatters and spreads the kinetic energy of projectiles.
Composite
Composite armour is armour consisting of layers of two or more materials with significantly different physical properties; steel and ceramics are the most common types of material in composite armour. Composite armour was initially developed in the 1940s, although it did not enter service until much later and the early examples are often ignored in the face of newer armour such as Chobham armour. Composite armour's effectiveness depends on its composition and may be effective against kinetic energy penetrators as well as shaped charge munitions; heavy metals are sometimes included specifically for protection from kinetic energy penetrators.
Composite armour used on modern Western and Israeli main battle tanks largely consists of non-explosive reactive armour (NERA) elements - a type of Reactive armour. These elements are often a laminate consisting of two hard plates (usually high hardness steel) with some low density interlayer material between them. Upon impact, the interlayer swells and moves the plates, disrupting heat 'jets' and possibly degrading kinetic energy projectiles. Behind these elements will be some backing element designed to stop the degraded jet or projectile element, which may be of high hardness steel, or some composite of steel and ceramic or possibly uranium.
Soviet main battle tanks from the T-64 onward utilised composite armor which often consisted of some low density filler between relatively thick steel plates or castings, for example Combination K. For example, the T-64 turret front and cheek was originally filled with aluminum, and then ceramic balls and aluminum, whilst some models of the T-72 features a glass filler called 'Kvartz'. The tank glacis was often a sandwich of steel and some low density filler, either textolite (a fibreglass reinforced polymer) or ceramic plates. Later T-80 and T-72 turrets contained NERA elements, similar to those discussed above.
Ships
Belt armour is a layer of armour-plating outside the hull (watercraft) of warships, typically on battleships, battlecruisers, cruisers and some aircraft carriers.
Typically, the belt covered from the deck down someway below the waterline of the ship. If built within the hull, rather than forming the outer hull, it could be fitted at an inclined angle to improve the protection.
When struck by a shell or torpedo, the belt armour is designed to prevent penetration, by either being too thick for the warhead to penetrate, or sloped to a degree that would deflect either projectile. Often, the main belt armour was supplemented with a torpedo bulkhead spaced several meters behind the main belt, designed to maintain the ship's watertight integrity even if the main belt were penetrated.
The air-space between the belt and the hull also adds buoyancy. Several wartime vessels had belt armour that was thinner or shallower than was desirable, to speed production and conserve resources.
Aircraft
Armour plating is not common on aircraft, which generally rely on their speed and manoeuvrability to avoid ground fire, rather than trying to resist impacts. Additionally, any armour capable of stopping large-calibre anti-aircraft fire or missile fragments would result in an unacceptable weight penalty. So, only the vital parts of an aircraft, such as the ejection seat and engines, are usually armoured. This is one area where titanium is used extensively as armour plating. For example, in the American Fairchild Republic A-10 Thunderbolt II and the Soviet-built Sukhoi Su-25 ground attack aircraft, as well as the Mil Mi-24 Hind ground-attack helicopter, the pilot sits in a titanium enclosure known as the "bathtub" for its shape. In addition, the windscreens of larger aircraft are generally made of impact-resistant, laminated materials, even on civilian craft, to prevent damage from bird strikes or other debris.
Armoured fighting vehicles
The most heavily armoured vehicles today are the main battle tanks, which are the spearhead of the ground forces, and are designed to withstand anti-tank missiles, kinetic energy penetrators, NBC threats and in some tanks even steep-trajectory shells. The Israeli Merkava tanks were designed in a way that each tank component functions as additional back-up armour to protect the crew. Outer armour is modular and enables quick replacement of damaged armour.
Layout
For efficiency, the heaviest armour on an armoured fighting vehicle (AFV) is placed on its front. Tank tactics require the vehicle to always face the likely direction of enemy fire as much as possible, even in defence or withdrawal operations.
Sloping and curving armour can both increase its protection. Given a fixed thickness of armour plate, a projectile striking at an angle must penetrate more armour than one impacting perpendicularly. An angled surface also increases the chance of deflecting a projectile. This can be seen on v-hull designs, which direct the force of an Improvised explosive device or landmine away from the crew compartment, increasing crew survivability.
Spall liners
Beginning during the Cold War, many AFVs have spall liners inside of the armour, designed to protect crew and equipment inside from fragmentation (spalling) released from the impact of enemy shells, especially high explosive squash head warheads. Spall liners are made of Kevlar, Dyneema, Spectra Shield, or similar materials.
Appliqué
Appliqué armour, or add-on armour, consists of extra plates mounted onto the hull or turret of an AFV. The plates can be made of any material and are designed to be retrofitted to an AFV to withstand weapons that can penetrate the original armour of the vehicle.
An advantage of appliqué armour is the possibility to tailor the vehicle's protection level to a specific threat scenario.
Improvised
Vehicle armour is sometimes improvised in the midst of an armed conflict by vehicle crews or individual units. In World War II, British, Canadian and Polish tank crews welded spare strips of tank track to the hulls of their Sherman tanks. U.S. tank crews often added sand bags in the hull and turrets on Sherman tanks, often in an elaborate cage made of girders. Some Sherman tanks were up-armoured in the field with glacis plates and other armour cut from knocked-out tanks to create Improvised Jumbos, named after the heavily armoured M4A3E2 assault tank. In the Vietnam War, U.S. "gun trucks" were armoured with sandbags and locally fabricated steel armour plate. More recently, U.S. troops in Iraq armoured Humvees and various military transport vehicles with scrap materials: this came to be known as "hillbilly armor" or "haji armor" by the Americans. Moreover, there was the Killdozer incident, with the modified bulldozer being armored with steel and concrete composite, which proved to be highly resistant to small arms.
Spaced
Armour with two or more plates spaced a distance apart, called spaced armour, has been in use since the First World War, where it was used on the Schneider CA1 and Saint-Chamond tanks. Spaced armour can be advantageous in several situations. For example, it can reduce the effectiveness of kinetic energy penetrators because the interaction with each plate can cause the round to tumble, deflect, deform, or disintegrate. This effect can be enhanced when the armour is sloped. Spaced armour can also offer increased protection against HEAT projectiles. This occurs because the shaped charge warhead can detonate prematurely (at the first surface), so that the metal jet that is produced loses its coherence before reaching the main armour and impacting over a broader area. Sometimes the interior surfaces of these hollow cavities are sloped, presenting angles to the anticipated path of the shaped charge's jet in order to further dissipate its power. Taken to the extreme, relatively thin armour plates, metal mesh, or slatted plates, much lighter than fully protective armour, can be attached as side skirts or turret skirts to provide additional protection against such weapons. This can be seen in middle and late-World War II German tanks, as well as many modern AFVs. Taken as a whole, spaced armour can provide significantly increased protection while saving weight.
The analogous Whipple shield uses the principle of spaced armour to protect spacecraft from the impacts of very fast micrometeoroids. The impact with the first wall melts or breaks up the incoming particle, causing fragments to be spread over a wider area when striking the subsequent walls.
Sloped
Sloped armour is armour that is mounted at a non-vertical and non-horizontal angle, typically on tanks and other armoured fighting vehicles. For a given normal to the surface of the armour, its plate thickness, increasing armour slope improves the armour's level of protection by increasing the thickness measured on a horizontal plane, while for a given area density of the armour the protection can be either increased or reduced by other sloping effects, depending on the armour materials used and the qualities of the projectile hitting it. The increased protection caused by increasing the slope while keeping the plate thickness constant, is due to a proportional increase of area density and thus mass, and thus offers no weight benefit. Therefore, the other possible effects of sloping, such as deflection, deforming and ricochet of a projectile, have been the reasons to apply sloped armour in armoured vehicles design. Another motive is the fact that sloping armour is a more efficient way of covering the necessary equipment since it encloses less volume with less material. The sharpest angles are usually seen on the frontal glacis plate, both as it is the hull side most likely to be hit and because there is more room to slope in the longitudinal direction of a vehicle.
Reactive
Explosive reactive armour, initially developed by German researcher Manfred Held while working in Israel, uses layers of high explosive sandwiched between steel plates. When a shaped-charge warhead hits, the explosive detonates and pushes the steel plates into the warhead, disrupting the flow of the charge's liquid metal penetrator (usually copper at around 500 degrees Celsius; it can be made to flow like water by sufficient pressure). Traditional "light" ERA is less effective against kinetic penetrators. "Heavy" reactive armour, however, offers better protection. The only example currently in widespread service is Russian Kontakt-5. Explosive reactive armour poses a threat to friendly troops near the vehicle.
Non-explosive reactive armour is an advanced spaced armour which uses materials which change their geometry so as to increase protection under the stress of impact.
Active protection systems use a sensor to detect an incoming projectile and explosively launch a counter-projectile into its path.
Slat
Slat armour is designed to protect against anti-tank rocket and missile attacks, where the warhead is a shaped charge. The slats are spaced so that the warhead is either partially deformed before detonating, or the fuzing mechanism is damaged, thereby preventing detonation entirely. As shaped charges rely on very specific structure to create a jet of hot metal, any disruption to this structure greatly reduces the effectiveness of the warhead. Slat armour can be defeated by tandem-charge designs such as the RPG-27 and RPG-29.
Electrically charged
Electrically charged armour is a recent development in the United Kingdom by the Defence Science and Technology Laboratory. A vehicle is fitted with two thin shells, separated by insulating material. The outer shell holds an enormous electric charge, while the inner shell is at ground. If an incoming HEAT jet penetrates the outer shell and forms a bridge between the shells, the electrical energy discharges through the jet, disrupting it. Trials have so far been extremely promising, and it is hoped that improved systems could protect against KE penetrators. The developers of the Future Rapid Effect System (FRES) series of armoured vehicles are considering this technology.
See also
Active protection system
Armoured fighting vehicle
Armoured forces
Main battle tank
Non-military armoured vehicles
Personal armour
Plastic armour
References
External links
Electrically charged armour
Defense Systems - Idaho National Laboratory
- New Light Armor
Modern armoured vehicles
Category:Armoured warfare
Category:History of the tank |
Determining tooth size ratio in an Iranian-Azari population.
The aim of this investigation was to determine the tooth size ratio in an Iranian-Azari population. The Bolton tooth size analysis was performed on a sample of 50 plaster models (25 male subjects, 25 female subjects) of Iranian-Azari subjects. The mesiodistal widths of all teeth were obtained and the Bolton anterior ratio and overall ratio were calculated. The mean, range, and standard deviation were calculated for the anterior and overall ratio, and a coefficient of variation was obtained for the tooth size ratio. For the anterior ratio (3-3), the Iranian-Azari had a mean of 78.0 mm with a standard deviation of 3.1; the range was 73.68 to 84.6 mm. For the overall ratio (6-6), the mean was 92.0 mm with a standard deviation of 2.4; the range was 88.09 to 97.5 mm. The results from the Iranian-Azari subjects in the study are similar to Bolton's original data for an American population. These values and the degree of variation were similar to the original data by Bolton, indicating the Bolton analysis for Caucasian samples can be transferred to an Iranian-Azari population. It also confirms no relevant sexual dimorphism exists, and these values are valid for both male and female subjects. |
California, flush with cash from an expanding economy, would eventually spend $1 billion a year to provide health care to immigrants living in the state illegally under a proposal announced Wednesday by Democratic lawmakers.
The proposal would eliminate legal residency requirements in California's Medicaid program, known as Medi-Cal, as the state has already done for young people up to age 19.
It's part of $4.3 billion in new spending proposed by Assemblyman Phil Ting, a San Francisco Democrat who leads the budget committee. Assembly Democrats also want to expand a tax credit for the working poor, boost preschool and child care, and increase college scholarships to reduce reliance on student loans.
They also would commit $3.2 billion more than required to state budget reserves.
The proposal marks the Assembly's opening volley in six months of budget negotiations with the Senate and Democratic Gov. Jerry Brown, who has been reluctant to commit to new ongoing spending on social services.
California has significantly reduced its rate of uninsured people since former President Barack Obama's health care law took effect, but about 7 percent of residents still lack coverage. Many are people living in the country illegally, who are ineligible for U.S.-funded health care assistance.
While federal funds cover at least half — and as much 95 percent — of the cost for citizens and legal U.S. residents on Medi-Cal, the state would have to pick up the cost on its own for people living here illegally.
Expanding access to health care has been a contentious issue for California lawmakers, who targeted last year by protests from liberal activists who want the Legislature to provide state-funded coverage to everyone, regardless of immigration status.
A measure promoting that principle was sidelined when Assembly Speaker Anthony Rendon said it lacked specifics, including a plan for the $400 billion it would cost.
The Assembly's latest proposal is narrower, only extending the state Medicaid program to all low-income adults.
Brown, who is often more conservative in his own revenue forecast, will release his budget proposal next month.
H.D. Palmer, spokesman for the Department of Finance, said Brown wants to boost state reserves and avoid committing to unsustainable spending.
"We want to be able to provide as much budgetary protection as we can to protect or insulate the state from the potential effects of a downturn in the state's fiscal fortunes," Palmer said.
Ting, the head of the Assembly budget committee, said lawmakers were exploring ways to restructure the state tax code if Congress approves a proposed U.S. tax overhaul. California leaders have warned that the measure could harm taxpayers by restricting a federal deduction for state and local taxes, which is especially lucrative in high-tax states like California.
"I'm very concerned that this tax cut is a tax increase for middle-class and working-class Californians," Ting said. "So we are looking at ways that we can help mitigate that." |
Blog
March 2017 Ministry Report 4/4/2017 11:53:00 AM by: Don
How The Lord Used Us in March of 2017
Hello Brothers and Sisters!
God continues to bless us with opportunities to share Christ and to minister with the gifts He has given us. Last month we completed 5 MAD Live Events, equipping 376 people to begin sharing their faith in Christ with the people they meet every day. Pastor Ron and my brother in the Lord Charlie York went to Daytona Bike Week with me to share Christ with the bikers we met. Check out the Blog on our website or the ministry Facebook page to get the details on how we were used of the Lord…very exciting stuff! I also spoke at a weekend men’s retreat in NJ and preached at one Sunday morning service. We were blessed to be a part of 13 more souls being added to the Kingdom in March! All glory to God! What a privilege!
Here are a few of the testimonies for you to praise God for:
“It's been so long since you were at Osterville Baptist Church on Cape Cod. The Holy Spirit prompted me to respond to the last question a CSR, (customer service rep.) asked me the other day. Virtually all CSR's ask the same question. "Is there anything else I can do for you today?". My response is YES! "How can I pray for you today?" There is that sweet 2 seconds of silence that says so much. What an opportunity! My job, now, is to be faithful and pray specifically for this individual. What an honor! I have had multiple opportunities to bless many with this simple plan. Please try this yourself, and share it with all you know and meet.”
This one happened to me (Don) after a MAD Live Event in Bethlehem, PA - “Pastor asked me if I noticed the young man sitting in a wheelchair in the back of the sanctuary during my Gospel presentation. I told him, "Yes". He told me that he found out that the young man had been shot in Bethlehem and was paralyzed. He moved away 3 years ago and this was his first time back in Bethlehem since the incident. The young man does not attend church, but felt compelled to go to church today. He told his two friends about it and they agreed to take him. They asked him where he wanted to go and he mentioned that a long time ago he had stopped in at the church down the street (where I was teaching today). He suggested they bring him there. He attended the last part of the training and gave his life to Jesus Christ! He was very emotional and spoke with one of the church ushers. He told the usher of the decision he had made and said that his two friends were sitting outside in the car waiting fore him to be done. He said that he wanted his two friends to hear what I had presented and asked if there was someone who could go outside and share with them. Pastor Rick was nearby so the usher expelained what was going on and Pastor Rick wheeled the young man outside to the car where his two friends were waiting. The young man explained what had happened to him and Rick shared the Gospel with them. Both friends indicated that they wanted to surrender their lives to Christ in repentance and faith and Rick led them to the Lord! CAN YOU BELIEVE THIS???? How great is our God!!!! Absolutely amazing! Praise the Lord!”
MAD LIVE EVENT SOON TO BE IN SPANISH
The translation of the MAD Live Event presentation continues and we hope to have it done soon. Please keep praying for Jimmy and Annabelle as they do this work.
Thank you for your continued prayers regarding our schedule. As you can see, God is at work answering them! There are some incredible doors being opened. Please pray for the requests below:
Praise! - We lost $800/month in support beginning in January. God has replaced that lost support and added an additional $100/month!!
For God’s Spirit to move powerfully each time we share
For God to complete healing for Cathy and me.
For Jaime (“Jimmy”) Gonzalez as he and his wife complete the translation of our MAD Live Event to Spanish
We are embarking on a new “off-road” ministry as we have a number of large outdoor riding parks in our area. Please pray that God will use this powerfully to changer lives and eternities.
Pray for our schedule. We continue to work to fill the fall of 2017 and beyond! |
788 F.2d 472
Telina NELSON, a minor, by George A. SENTENEY, Guardian adLitem, Gerald Nelson and Sherry Nelson, Plaintiffs,v.F.W. WOOLWORTH COMPANY and Travelers Insurance Company,Defendants-Third Party Plaintiffs-Appellants,andBunnan Tong and Company, Ltd., Third Party Defendant-Appellee.
No. 85-1654.
United States Court of Appeals,Seventh Circuit.
Argued Dec. 9, 1985.Decided April 25, 1986.
Frank L. Steeves, Milwaukee, Wis., for defendant-third party plaintiffs-appellants.
Barrett J. Corneille, Bell Metzner & Gierhart, S.C., Madison, Wis., for third party defendant-appellee.
Before BAUER, CUDAHY and FLAUM, Circuit Judges.
CUDAHY, Circuit Judge.
1
F.W. Woolworth Co. ("Woolworth") ordered a shirt through Bunnan Tong Co. ("Bunnan Tong") that ignited and injured one of the plaintiffs. This diversity case concerns whether Woolworth or Bunnan Tong should bear the costs of settlement for those injuries. The District Court for the Western District of Wisconsin found that Bunnan Tong was not liable for any of the plaintiffs' claims against Woolworth. Woolworth appeals, contending that the district court ignored the indemnity agreement between the parties. We affirm.
2
On October 28, 1978, four-year-old Telina Nelson was severely injured when she ignited a flannel shirt she was wearing with a butane lighter. The shirt had been purchased from defendant-third party plaintiff-appellant F.W. Woolworth Co. at its Rice Lake, Wisconsin store. The shirt was manufactured in Hong Kong. Bunnan Tong was Woolworth's purchasing agent in Hong Kong and had helped Woolworth secure a manufacturer there. The two companies had done business for over 40 years.
3
Telina Nelson's shirt was one of 4,000 dozen that Woolworth had ordered through Bunnan Tong in 1976. As part of that deal Woolworth had sent its buying representative to Hong Kong to select the fabric and arrange for the specifications, such as the labeling and packaging of the shirts. Woolworth's specifications also required that two sample shirts be sent to the United States for testing for compliance with federal and company flammability requirements. The shirts were found in compliance.
4
The 1966 contract between Woolworth and Bunnan Tong, which was renewed in 1976, contained an indemnity provision which specified that Bunnan Tong:
5
... agree[s] to stand behind all of the merchandise which you [Bunnan Tong] have furnished to us [Woolworth], which you are now furnishing to us, or which you may furnish to us--at any future date--and you agree that you will hold us harmless in regard to any claims, which may be made against us--by anyone involving this merchandise, or its sale by us, except for any claims arising from fault or negligence on our [Woolworth's] part.
6
In addition, the 1976 purchase order contained a second indemnification clause which provided:
7
In accepting this order, shipper (or seller) agrees to indemnify, save harmless and defend F.W. Woolworth Company against any claim or action involving this merchandise or arising out of its sale or possession by F.W. Woolworth Company and against any loss or damage or expense incurred by F.W. Woolworth Company in connection therewith.
8
In June 1982, Nelson through her guardian brought suit against Woolworth and Bunnan Tong, along with Park Industries, Inc., the manufacturer of the butane lighter, and United Garment Manufacturing Company, the manufacturer of the shirt. The suit alleged that both the lighter and the shirt were made with design defects that made the products unreasonably dangerous. Woolworth filed a cross-claim against Bunnan Tong and asked Bunnan Tong to assume its defense pursuant to the indemnity agreement. Although making no allegations of Woolworth's negligence, Bunnan Tong refused.
9
Bunnan Tong also refused two later tenders of Woolworth's defense. Woolworth eventually settled with plaintiffs for $1.3 million, while Bunnan Tong settled for $7,500. Woolworth continued to try to recoup the amount of the settlement and costs from Bunnan Tong. Woolworth moved for summary judgment. The district court denied this motion because Bunnan Tong contended that the fact of Woolworth's possible negligence remained in dispute. At the time the motion was made, Bunnan Tong argued before the court that, "To the extent that it is found that the certain garment was not in compliance with local standards for flame retarded garments, then F.W. Woolworth must share some of the blame with the parents." (Excerpts from November 14, 1984 hearing, Appellants' Appendix at 144).
10
The case eventually went to a bench trial. Woolworth presented two fabric experts who testified that the flannel met stringent national and company standards. Bunnan Tong presented no independent testimony of its own but offered a deposition summary of plaintiffs' expert, Robert Johnson, who stated that the product was unsafe and failed to provide adequate warning of its flammability.
11
The court found for Bunnan Tong. In reaching its conclusion, the court noted that Johnson's deposition illustrated how Woolworth might potentially have been at fault. Johnson had stated, inter alia, that the shirt burned with intense heat and flame, was difficult to extinguish, did not contain available flame retardants, and carried no warning label. Thus, the court held that "the potential liability to the plaintiffs faced by Woolworth flowed from its conduct and its conduct alone."
12
Noting that the indemnity provision governs unless Woolworth is negligent and arguing that no finding of negligence was ever made, Woolworth asks this court to reverse the district court's ruling. We find the district court's finding supportable as well as fair in light of the evidence before it and therefore affirm.
I.
13
Looking solely at the indemnity provisions in the buying agreement and purchase order, Woolworth contends that "BUNNAN TONG did not agree to indemnify WOOLWORTH simply for claims caused by BUNNAN TONG. BUNNAN TONG agreed to hold harmless and defend WOOLWORTH from any claims from anyone involving any aspect of the merchandise as long as they were not caused by WOOLWORTH'S negligence." (Appellant's Brief at 25-26). Woolworth also argues that in agreeing to these provisions, Bunnan Tong assumed the burden for paying for claims unless it could prove Woolworth's fault or negligence. While Bunnan Tong told the court that Woolworth may have shared the blame with Telina Nelson's parents for her injuries, Woolworth notes that Bunnan Tong offered no independent testimony demonstrating fault. Therefore, Woolworth concludes, its summary judgment motion was, in essence, unopposed and should have been granted by the District Court. Moreover, to the extent that the court made any findings of fact against the company, Woolworth believes these were clearly erroneous.
14
Summary judgment is, of course, addressed to the discretion of the court. See McLain v. Meier, 612 F.2d 349, 356 (8th Cir.1979), and the trial court is given wide latitude in determining whether entry of summary judgment in a particular situation is appropriate. See Fine v. City of New York, 71 F.R.D. 374 (S.D.N.Y.1976). Therefore, it was within the court's power to deny appellant's motion and allow the issues to be further developed at trial.
15
Nor do we find the trial court's ultimate determinations to be clearly erroneous. Woolworth points to one clause in the purchase order and buying agreement and concludes that the intention was plain that Bunnan Tong would indemnify unless it could show that Woolworth was at fault or negligent.
16
Under the applicable Wisconsin law, parties may certainly negotiate indemnity agreements. See Dykstra v. Arthur G. McKee & Co., 92 Wis.2d 17, 284 N.W.2d 692 (1979). In construing such agreements, the language of the contract is an important tool. See Matter of Watertown Tractor & Equipment Co., Inc., 94 Wis.2d 622, 637-38, 289 N.W.2d 288, 295 (1980). But to look at the language of the contract does not mean only to examine the language of one provision. Rather, the entire contract must be considered, together with the relationship between the parties.
17
In looking at the buying agreement as a whole, it becomes clear that Bunnan Tong did not intend to assume responsibility for judgments for damages (or settlements in lieu of judgments) attributable to Woolworth's conduct. In clause 1(d) of the contract, Bunnan Tong agreed to conform to all Woolworth's specifications, to meet United States' standards and to arrange for safe packaging. (See Appellants' Appendix, at pp. 101-05). In clause 1(f), Bunnan Tong agreed to assume the burden of negotiating with the manufacturer for any defective merchandise, even for defects found after Woolworth's receipt and resale. The indemnity provision discussing Bunnan Tong's liability for all claims except those arising from Woolworth's fault or negligence came next. Later clauses established shipping terms and required Bunnan Tong to find a reputable manufacturer who would adhere to Woolworth's specifications.
18
The contract as a whole suggests that Bunnan Tong expected to be responsible for its own conduct. It also suggests that Bunnan Tong agreed to assume responsibility for certain third parties' actions, such as the manufacturer's or shipper's. The only provision that discusses Bunnan Tong's responsibility for Woolworth's conduct is the clause stating that Bunnan Tong would not be liable for Woolworth's fault or negligence.
19
Bunnan Tong had to perform to Woolworth's specifications. Had it not, it would have been liable for breach of contract. It is unlikely that it also intended to assume any costs caused by adhering to these specifications. After all, Bunnan Tong is a relatively small, foreign purchasing agent, not Woolworth's insurance company or underwriter.
20
Bunnan Tong performed its tasks as required. Nothing in the record suggests that Bunnan Tong in any way deviated from Woolworth's specifications. The decisions that ultimately led to Telina Nelson's injuries were made exclusively by Woolworth. Woolworth selected the fabric and determined that it would be manufactured without flame retardants. Woolworth decided to market the shirts without a label warning of flammability. The shirt was sold at a Woolworth store. In fact, Woolworth drafted the clause that it now says binds Bunnan Tong. Under these circumstances, we do not believe that it was Bunnan Tong's obligation to conclusively demonstrate Woolworth's fault or negligence nor was it Bunnan Tong's responsibility to pay for conduct over which it had no control.
21
The district court opinion is therefore AFFIRMED.
|
There is ongoing concern for contamination of dental patients with respect to certain viruses and diseases. It has been reported that some diseases can be transmitted through the normal program of dental prophylaxis. Consequently, greater attention has been directed towards medical tools, and especially dental tools which can economically be used only once and still be discarded.
One area which has heretofore evaded the attempt at disposability involved the handpiece that a dentist uses to drive certain working instrumentalities that come in contact with a person's teeth. For certain types of endeavors, such as tooth drilling, it is frequently required to use extremely high speed air mechanisms in excess of 500,000 revolutions per minute. One such company, Oral Safe has shown that it can manufacture such a device.
Frequently, however, certain other dental endeavors, more particularly involving dental hygiene, do not require such high rotation. In fact, for the purposes of a hygienist, rotation speeds less than 30,000 rpm are adequate for providing buffing, polishing and burring. To date, until the instant application, no instrumentality is known to exist capable of this lower speed rotation in which the output shaft is directly driven as an air turbine.
Accordingly, the instant invention provides a direct drive between an air current and an output shaft at one extremity of a disposable prophy angle. Heretofore, a traditional methodology by which a disposable prophy angle had been utilized involves attaching the disposable prophy angle to a hand piece via a chuck and collet assembly. An air motor is housed within the hand piece. One problem with such a technique involves subsequent need for sterilization of the hand piece housing and collet/chuck assembly within which the air motor is carried.
It is now recognized that the cost of autoclaving should be factored into any price comparison that is to be made between disposable and non-disposable instrumentalities used in the medical and dental environment. Moreover, since autoclaving necessitates down time for the sterilization process, multiple set of instruments (which are traditionally quite expensive) are required. This itself adds to the cost of using non-disposables. When the labor associated with autoclaving is also taken into account, it appears that disposables compare quite favorably both from a cost perspective and certainly from a hygienic perspective.
The following prior art reflects the state of the art of which applicant is aware and is included herewith to discharge applicant's acknowledged duty to disclose relevant prior art.
______________________________________ INVENTOR PATENT NO. ISSUE DATE ______________________________________ Schmitz 263,814 September, 1882 Swisher et al 1,999,488 April, 1935 Roelke 2,025,779 December, 1935 Goldenberg 2,300,828 November, 1942 Shotton 2,315,016 March, 1943 Greenberg 2,328,270 July, 1943 Wiseman 3,163,934 January, 1965 Hoffmeister et al 3,229,369 January, 1966 Graham 3,727,313 April, 1973 Brahler 3,740,853 June, 1973 Danne et al 3,987,550 October, 1976 Flatland 4,053,983 October, 1977 Girard 4,182,041 January, 1980 Warden et al 4,266,933 May, 1981 Huang 5,020,994 June, 1991 Witherby 5,028,233 July, 1991 Falcon et al 5,040,978 August, 1991 Butler 5,120,220 June, 1992 Fed. Republic of Germany 646,193 June, 1937 Advertisement for Oralsafe Disposable Handpiece Dentistry August 1992 Today ______________________________________
It is respectfully submitted that none of these prior art devices teach singly, nor render obvious when considered in any conceivable combination, the nexus of the instant invention as especially claimed hereinafter. |
letters picked without replacement from pzzpczjbpjqqzpq.
4/455
Two letters picked without replacement from {w: 3, e: 3, q: 7, x: 2, y: 1, l: 1}. What is prob of picking 2 x?
1/136
Three letters picked without replacement from nmnnnmnnnnmnmm. What is prob of picking 3 n?
3/13
Two letters picked without replacement from {l: 2, i: 2, j: 2}. What is prob of picking 2 j?
1/15
Three letters picked without replacement from {m: 2, k: 4, n: 3, h: 2, b: 2}. Give prob of picking 3 m.
0
Two letters picked without replacement from auauuuuuua. Give prob of picking 1 a and 1 u.
7/15
Three letters picked without replacement from {n: 4, v: 2}. Give prob of picking 3 n.
1/5
What is prob of picking 1 q, 1 v, 1 s, and 1 h when four letters picked without replacement from {h: 2, c: 1, q: 2, t: 4, v: 2, s: 1}?
8/495
Two letters picked without replacement from vvgvvgvggggvg. What is prob of picking 2 v?
5/26
Calculate prob of picking 2 w and 2 r when four letters picked without replacement from rxwwaxwra.
1/42
Two letters picked without replacement from {o: 9, t: 2}. Give prob of picking 2 o.
36/55
Calculate prob of picking 1 v and 3 k when four letters picked without replacement from {k: 4, v: 2, y: 3}.
4/63
Two letters picked without replacement from mmrrrrrrrmrrrm. What is prob of picking 2 r?
45/91
Four letters picked without replacement from {p: 7}. What is prob of picking 4 p?
1
What is prob of picking 1 d and 1 y when two letters picked without replacement from yyqddddyddddqdd?
2/7
Two letters picked without replacement from {k: 1, n: 2, r: 1, u: 1, d: 2}. What is prob of picking 1 u and 1 d?
2/21
Two letters picked without replacement from ctttcfcttctftttctctc. Give prob of picking 1 c and 1 f.
7/95
Two letters picked without replacement from jjveejejjvjev. Give prob of picking 2 e.
1/13
Two letters picked without replacement from {i: 3, h: 2}. What is prob of picking 2 i?
3/10
Calculate prob of picking 2 p and 1 q when three letters picked without replacement from pkzqkpe.
1/35
Calculate prob of picking 1 a and 1 s when two letters picked without replacement from {a: 2, s: 10}.
10/33
What is prob of picking 3 b when three letters picked without replacement from ttbbtttbtbtbt?
5/143
Two letters picked without replacement from jjwaj. Give prob of picking 1 j and 1 w.
3/10
What is prob of picking 2 z when two letters picked without replacement from {k: 3, a: 1, z: 4, e: 3}?
6/55
What is prob of picking 1 i and 3 g when four letters picked without replacement from {i: 13, k: 1, g: 3}?
13/2380
Four letters picked without replacement from hrigqrr. What is prob of picking 2 g, 1 r, and 1 q?
0
Calculate prob of picking 1 x and 3 f when four letters picked without replacement from fffffffxffffffffffff.
1/5
What is prob of picking 1 h and 1 i when two letters picked without replacement from ilkhfxi?
2/21
Three letters picked without replacement from vauawnnnwvxanavvw. Give prob of picking 2 w and 1 v.
3/170
Two letters picked without replacement from rdrfydd. What is prob of picking 2 d?
1/7
Four letters picked without replacement from {w: 2, e: 2, c: 1, h: 7, l: 6, o: 1}. What is prob of picking 1 w, 1 o, 1 e, and 1 c?
1/969
Four letters picked without replacement from qtttttttqttqttqqqqt. Give prob of picking 4 t.
165/1292
Two letters picked without replacement from {s: 3, j: 3, l: 5}. Give prob of picking 2 s.
3/55
What is prob of picking 1 u and 1 k when two letters picked without replacement from {k: 4, f: 2, n: 2, u: 3, p: 2}?
2/13
What is prob of picking 1 f and 1 t when two letters picked without replacement from {t: 2, k: 3, f: 1, l: 4, s: 2}?
1/33
What is prob of picking 1 l and 3 i when four letters picked without replacement from {l: 9, i: 7}?
9/52
Four letters picked without replacement from {z: 1, h: 4, v: 3, r: 8, n: 3}. Give prob of picking 1 r, 1 v, 1 h, and 1 n.
24/323
Calculate prob of picking 1 b and 1 e when two letters picked without replacement from {e: 5, j: 2, v: 2, b: 2, y: 2, p: 1}.
10/91
Three letters picked without replacement from pyxajyyzapajxy. Give prob of picking 1 x, 1 j, and 1 a.
3/91
Calculate prob of picking 2 h when two letters picked without replacement from mhhmh.
3/10
Three letters picked without replacement from orriirrriiriaioiiir. What is prob of picking 1 a and 2 o?
1/969
What is prob of picking 4 m when four letters picked without replacement from {s: 2, m: 7}?
5/18
Two letters picked without replacement from ottototuutu. What is prob of picking 1 t and 1 u?
3/11
Three letters picked without replacement from hggpgpppprhgprhbrlgg. What is prob of picking 1 h, 1 l, and 1 b?
1/380
What is prob of picking 3 j when three letters picked without replacement from {j: 3}?
1
Three letters picked without replacement from {f: 6, x: 13}. What is prob of picking 3 x?
286/969
What is prob of picking 3 u and 1 x when four letters picked without replacement from {x: 1, o: 3, u: 4}?
2/35
Two letters picked without replacement from {v: 1, h: 1, a: 11}. What is prob of picking 1 h and 1 v?
1/78
Three letters picked without replacement from ttrdz. Give prob of picking 1 t, 1 z, and 1 r.
1/5
Calculate prob of picking 2 w when two letters picked without replacement from {d: 4, x: 2, w: 4}.
2/15
What is prob of picking 2 c and 1 g when three letters picked without replacement from ctqqqccqcgqccqqqgtc?
14/323
What is prob of picking 3 k when three letters picked without replacement from {k: 5, o: 8}?
5/143
Two letters picked without replacement from oxwfw. What is prob of picking 1 x and 1 f?
1/10
Three letters picked without replacement from {l: 4, z: 2}. What is prob of picking 2 z and 1 l?
1/5
Three letters picked without replacement from {a: 1, m: 1, h: 3, y: 5, k: 2, j: 3}. What is prob of picking 1 h, 1 k, and 1 a?
6/455
Three letters picked without replacement from bbbqnkqbbkxquxqbuxbx. Give prob of picking 1 b and 2 x.
7/190
Calculate prob of picking 2 b when two letters picked without replacement from ooobobob.
3/28
Four letters picked without replacement from vuuvuuuuvvuuuuuqquuv. Give prob of picking 1 u, 2 q, and 1 v.
13/969
Three letters picked without replacement from wqflyqf. Give prob of picking 1 q, 1 w, and 1 y.
2/35
Three letters picked without replacement from fsvfvvsssvsvs. What is prob of picking 2 s and 1 f?
15/143
Two letters picked without replacement from {g: 2, d: 11, p: 5, e: 1}. Give prob of picking 1 d and 1 e.
11/171
Calculate prob of picking 2 z when two letters picked without replacement from {n: 2, z: 4, t: 2, q: 7, c: 5}.
3/95
Two letters picked without replacement from {r: 1, e: 1, t: 2, m: 1}. Give prob of picking 1 t and 1 m.
1/5
Calculate prob of picking 1 t and 2 o when three letters picked without replacement from eeefetveteefeeoeeto.
1/323
Three letters picked without replacement from {d: 3, k: 4}. What is prob of picking 3 d?
1/35
Three letters picked without replacement from ggcggcggjjgg. What is prob of picking 1 c, 1 j, and 1 g?
8/55
What is prob of picking 2 b and 1 t when three letters picked without replacement from bttbtttbtbt?
14/55
Calculate prob of picking 3 t and 1 k when four letters picked without replacement from {k: 1, t: 5, p: 4, w: 1}.
1/33
Three letters picked without replacement from {f: 2, p: 5, b: 3}. What is prob of picking 2 b and 1 f?
1/20
What is prob of picking 4 o when four letters picked without replacement from {z: 3, o: 7}?
1/6
Calculate prob of picking 1 o and 1 s when two letters picked without replacement from {o: 2, e: 1, n: 2, s: 1, d: 2, c: 1}.
1/18
Four letters picked without replacement from aeqefeaaaoaeoqfoo. What is prob of picking 4 e?
1/2380
What is prob of picking 2 a and 1 e when three letters picked without replacement from aevvjajea?
1/14
Two letters picked without replacement from {a: 1, y: 14, z: 1}. Give prob of picking 1 z and 1 a.
1/120
What is prob of picking 1 w and 1 h when two letters picked without replacement from hzhoohohmoowhcohhzm?
7/171
Four letters picked without replacement from {b: 11, u: 5}. What is prob of picking 2 u and 2 b?
55/182
What is prob of picking 2 i when two letters picked without replacement from gjjii?
1/10
Three letters picked without replacement from sayayyvsas. Give prob of picking 2 a and 1 s.
3/40
Three letters pic |
(1) Field of the Invention
The present invention relates to a process for making capacitor-under-bit-line dynamic random access memory (DRAM) device structures having an improved capacitor top plate design, and more specifically the process employs a novel mask design and a sequence of novel process steps for improving the overlay margin between the bit-line contacts and the capacitors top plates. This method allows the capacitors top plate to be auto-self-aligned to the bit-line contact for increased memory cell density.
(2) Description of the prior art
Dynamic random access memory (DRAM) circuits are used extensively in the electronics industry for storing date. The DRAM circuit includes an array of memory cells, each cell consisting of a single capacitor and a single transfer transistor. Typically the transfer transistor is a field effect transistor (FET). Binary data (1""s and 0""s) are stored as charge on the capacitors, and the transfer transistor is used to retain the charge. During the read cycle the transfer transistor is used to interrogate the cell by means of bit lines. Two types of memory cells that are commonly used include a cell having a trench capacitor formed in the substrate under the FETs, and a cell having a stacked capacitor that is built over and between FETs. In the fabrication of DRAM circuits having stacked capacitors, the capacitor can be formed over the bit lines, commonly referred to as Capacitors-Over-Bit-lines (COB), or under the bit lines, commonly referred to as Capacitors-Under-Bit lines (CUB). For all of the DRAM structures described above, the number of memory cells on a DRAM chip has increased dramatically over the years, and after the year 2000 the number of cells is expected to exceed 1 Gigabit. This increase is a result of the downsizing of the discrete devices using improved high-resolution photolithography, improved directional plasma etching, and self-aligning techniques, with a resulting increase in circuit density.
Numerous methods of making these higher density DRAM devices have been reported. For example, Jeng et al. in U.S. Pat. No. 5,893,734 describe a method for fabricating CUB DRAMS using tungsten landing plugs. U.S. Pat. No. 5,837,578 to Fan et al. describes trenched stacked capacitors, but does not address the formation of the bit-line contact. In U.S. Pat. No. 5,700,731 to Lin et al., a method is described for making a crown-shaped capacitor using an edge phase shift mask, but also does not address the bit-line contact/bit-line formation. In U.S. Pat. No. 5,648,291 to Sung a method is describes for making bit-line contacts self-aligned to underlying capacitors using a thin dielectric sidewall in the bit-line contact openings etched through the capacitor. And in U.S. Pat. No. 5,821,140 to Jost et al. a method is described in which the capacitor with annular bit-line contacts are formed concurrently on a substrate.
Although downscaling of devices and self-aligning techniques have dramatically increased the memory cell density on DRAM chips, there is still a strong need in the industry to further improve the structure and process to provide a more reliable process with further increase in cell density. More specifically, it is highly desirable to improve the overlay margins between the capacitors and the bit-line contacts.
A principal object of the present invention is to form an array of closely spaced dynamic random access memory (DRAM) cells, with increased overlay margins between capacitor top plates and bit-line contacts resulting in increased memory cell density for Capacitor-Under-Bit line (CUB) DRAM circuits.
Another objective of this invention is to achieve the improved overlay margin by using a novel process and structure resulting in auto-self-aligned capacitor top plates to the bit-line contact to form an improved memory cell structure.
This novel memory cell structure consists of an array of stacked capacitors under bit lines that have an improved overlay margin between the bit-line contacts and the capacitor top electrodes. The method for making the array of memory cells begins by providing a semiconductor substrate having partially completed DRAM devices. The substrate is single-crystal-silicon doped with a P type conductive dopant, such as boron (B). Shallow trench isolation (STI) regions are formed surrounding and electrically isolating an array of device areas for memory cells on the substrate. To form the STI shallow trenches are etched in the substrate, and the trenches are filled with an insulating material, such as silicon oxide (SiOx), and is polished back to the substrate to form a planar surface. These partially completed DRAMs also include word lines that extend over the device areas to form field effect transistors (FETs). Typically the FETs consist of a thin gate oxide on the device areas, and gate electrodes formed from a patterned polycide layer (word lines). The FETs also have source/drain areas, one on each side and adjacent to the FET gate electrodes.
A relatively thin conformal silicon nitride (Si3N4) barrier layer is formed over the device areas and over the STI regions to insulate the FET devices on the DRAM circuit. A first insulating layer is deposited on the substrate, and conducting first and second plug contacts are formed concurrently in the first insulating layer to contact the source/drain areas of the FETs. The conducting first plug contacts extend through the first insulating layer to the first source/drain areas for capacitors, and the conducting second plug contacts extend through the first insulating layer to the second source/drain areas for bit-line contacts. A second insulating layer is deposited, and first openings are formed in the second insulating layer aligned over the first conducting plug contacts. Capacitor bottom electrodes are formed in the first openings aligned over and contacting the first conducting plug contacts. A conformal first conducting layer, such as a doped polysilicon layer, is deposited over the second insulating layer and in the first openings for forming the capacitor bottom electrodes. Additionally, a hemispherical silicon grain (HSG) layer can be formed on the polysilicon layer to increase the surface area for increased capacitance.
A key feature of this invention is to deposit an organic layer sufficiently thick to fill the first openings and to provide an essentially planar top surface. Preferably the organic layer is a photoresist layer. The photoresist layer is patterned to leave portions aligned over the second plug contacts, and to leave portions extending over the edge of the first openings. The patterning is achieved by partially exposing the photoresist through a photomask that has a novel design, and partially developing the photoresist. This patterning results in the photoresist protecting the underlying second insulating layer over the second plug contact (for the bit line), while further recessing the photoresist to expose the first conducting layer elsewhere over the top surface of the second insulating layer. The exposed portions of the first conducting are removed to expose the underlying portions of the second insulating layer. The remaining photoresist is completely removed including the photoresist in the first openings. The exposed portions of the second insulating layer are then selectively and partially etched back to recess those portions below the top portions of the second insulating layer over the second plug contacts. The first conducting layer protects the second insulating layer over the second plug contacts during the selective etching. A thin conformal interelectrode dielectric layer is formed on the first conducting layer (for bottom electrodes). Next a second conducting layer is deposited sufficiently thick to fill the first openings and to fill the recesses over the second insulating layer. The second and the first conducting layers are polished back to the second insulating layer over the second plug contacts to form the capacitor top plates, which are auto-self-aligned to the second insulating layer over the second plug contacts. The auto-self-align results from the polish-back to the top surface of the second insulating layer. This sequence of process steps and novel structure provides an improved overlay margin between the capacitor and the bit-line contacts that are formed next. A third insulating layer is deposited to electrically insulate the capacitor top electrodes. Second openings for bit-line contacts are etched in the third insulating layer and in the second insulating layer aligned over and etched to the second plug contacts. A third conducting layer is deposited to fill the second openings and is polished or etched back to form bit-line contacts. A fourth conducting layer is deposited and patterned to form bit lines over and contacting the bit-line contacts to complete the array of novel memory cells for the DRAM device. |
95 N.J. Super. 112 (1967)
230 A.2d 162
CHARLES ROONEY, PLAINTIFF-APPELLANT,
v.
ANTHONY P. CORAGGIO, DEFENDANT-RESPONDENT.
Superior Court of New Jersey, Appellate Division.
Argued April 24, 1967.
Decided May 11, 1967.
*113 Before Judges SULLIVAN, KOLOVSKY and CARTON.
Mr. Kenneth E. Joel argued the cause for appellant.
Mr. Harold C. White argued the cause for respondent (Messrs. Ewart, Lomell, Adler & Kearney, attorneys).
The opinion of the court was delivered by SULLIVAN, S.J.A.D.
Plaintiff, pursuant to leave granted, appeals from an order of the trial court denying plaintiff's motion to add Galaxie Builders Inc. as a defendant.
Plaintiff, a plumbing contractor, was doing the plumbing work on a private house then under construction. According to his answers to interrogatories, he had been working in the cellar and started to leave by walking on a plank which was provided as a temporary walkway out of the cellar. Unknown to plaintiff, the plank was not nailed down. As he reached the top of the plank it slipped off and threw plaintiff some eight feet to the cellar floor. Defendant Anthony P. Coraggio, who was "at the scene," was immediately notified of the accident. He said he would turn the matter over to his insurance company.
Some 19 months after the accident plaintiff filed suit alleging that Joseph Siano Jr. and Mary Siano were the owners of the property "on which there was construction being performed by Anthony P. Coraggio." Plaintiff further alleged *114 that he had been injured "due to the negligent maintenance and construction of a way of egress and ingress from the cellar." Mr. and Mrs. Siano, and Coraggio, were named as parties-defendant. The Sianos have since been dropped from the suit and are not involved in the case.
An answer was filed on behalf of Coraggio, generally denying the allegations of the complaint and pleading the defenses of contributory negligence and assumption of risk. An additional separate defense pleaded that the sole and proximate cause of the alleged accident was the negligent acts and omissions of third parties or persons over whom Coraggio exercised no control. The answer included a cross-claim for contribution against the Sianos under the Joint Tortfeasors Act.
As soon as the suit was filed the insurance carrier entered into settlement negotiations with counsel for the plaintiff and made an offer of settlement. (We were advised by counsel for defendant at oral argument that the insurance carrier for Galaxie Builders Inc., hereinafter mentioned, undertook to defend the suit against Coraggio because the policy afforded coverage to the corporate officers, of which Coraggio was one.)
In October 1965 plaintiff's attorney suffered a stroke and eventually the case was turned over to present counsel. In February 1966 the deposition of Coraggio was taken, during which he disclosed that he was not the general contractor in the building of the Siano house and that the general contractor was a corporation called Galaxie Builders in which he was a "partner" and held the office of vice-president. He further testified that Galaxie had three employees on the job, namely, himself, Joseph Quatse (who apparently was the other principal in the corporation) and one Wismer. He said that both he and Quatse were in charge of the work.
The case was pretried on March 4, 1966. In the pretrial order Coraggio, for the first time, made the affirmative contention that Galaxie Builders Inc. was the general contractor on the job and that he was merely an employee thereof. The order reserved to plaintiff the right to apply to add Galaxie Builders Inc. as an additional party.
*115 At about the same time plaintiff revealed to his attorney that at the time of his fall the plumbing work in the house was being done under a written contract which listed "Galaxy Builders" as the "owner" of the property. The contract was signed by "Joseph Quatse, Owner."
By motion returnable March 25, 1966 plaintiff applied for leave to amend his suit "to include Galaxie Builders Inc., a New Jersey Corporation, as a defendant." After hearing argument in the matter, the trial court denied the motion on the ground that plaintiff was seeking to add a new party defendant after the statute of limitations had expired. This court granted leave to appeal.
The thrust of plaintiff's appeal is that he is not seeking to add a new party, but rather to correct the name under which a proper party already sued is in court. He argues that the real party in interest was aware of the accident from the day it happened, but not until after the statute of limitations had run was it revealed to plaintiff that he was suing the wrong party.
Defendant denies any concealment of the facts. It is argued that the complaint sounds strictly in the personal negligence of Anthony Coraggio and was answered on that basis.
Although plaintiff's motion is inartistically phrased, he actually seeks to substitute Galaxie Builders Inc. as defendant in the place and stead of Coraggio. On that basis we conclude that he is entitled to relief. Coraggio was the vice-president of Galaxie Builders Inc. and one of the two or three principals in the corporation. He was on the job "just about every day" and was told of the accident immediately after it happened. He said he would report the accident to his insurance carrier and it is undisputed that he did so. When suit was commenced against Coraggio the insurance company undertook the defense of the action and even entered into settlement negotiations. Not until the statute of limitations had run was it revealed that plaintiff was suing the wrong party. Even though unintentional, this conduct had the effect of misleading plaintiff into believing that he was suing the right *116 party. Had it been revealed at the time the answer on behalf of Coraggio was filed that Galaxie Builders Inc., and not Coraggio, was the general contractor on the job, plaintiff would have had ample time to join the proper party.
Obviously, there was a mistake in naming the party defendant of which the named defendant, the real party in interest, and its insurance carrier were fully aware, and which they compounded by their conduct and silence.
Support for allowing plaintiff to join Galaxie Builders Inc. as a defendant is to be found in R.R. 4:9-3, Proposed Revision of the Rules Governing the Courts of the State of New Jersey (1966), which provides:
"4:9-3. When Amendments Relate Back
Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendments relate back to the date of the original pleading; but the court, in addition to its power to allow amendments may, upon terms, permit the statement of a new or different claim or defense in the pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment (1) has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits, and (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him." (Proposed amendment italicized)
The proposed rule does not effect a radical change in amendment practice and procedure. As noted in the comments on the proposed amendment,
"This rule offers a solution which is generally in accord with recent judicial thinking in this jurisdiction * * * The test as stated in the rule does not offend the policy of the statute of limitations since it requires that the intended party be put on notice * * * What the rule does accomplish, consistent with the general aim and policy of these rules, is substantial justice on the merits by permitting a technical and otherwise fatal flaw to be corrected where snch correction will not materially prejudice another party." *117 Cf. Patrick v. Brago, 4 N.J. Super. 226, 228-229 (App. Div. 1949).
Without repeating the factual details we think it clear that Galaxie Builders Inc. received such notice of an institution of the action that it will not be prejudiced in maintaining its defense on the merits, and further, that it knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against it.
The order of the trial court is reversed and the case remanded with instructions to grant plaintiff's motion to amend his pleadings so as to substitute Galaxie Builders Inc. as the defendant in the place and stead of Anthony P. Coraggio.
|
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Brand:CarronRange: DaisyType: Cast Iron Radiator
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595
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1156
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175
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2
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17
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1156
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5746
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25.5
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Dopamine compared with dobutamine in experimental septic shock: relevance to fluid administration.
The hemodynamic effects of dopamine and dobutamine (at doses of 6 micrograms X kg-1 X min-1) were compared during fluid resuscitation from septic shock induced by endotoxin (3 mg/kg) in the dog. In the first part of the study, when a standard amount of saline solution was infused (in 24 dogs), dopamine infusion resulted in higher cardiac filling pressures than did dobutamine infusion, whereas dobutamine infusion resulted in higher cardiac output. In the second part of the study, when fluid infusion was titrated to maintain pulmonary artery balloon-occluded pressure at constant level (in 24 dogs), the total amount of fluids was significantly greater with dobutamine than when dopamine was used (109 +/- 13 vs 71 +/- 10 ml/kg). The combination of dobutamine with fluids resulted in significantly greater stroke volume (39.6 +/- 3.8 vs 21.0 +/- 4.0 ml, P less than 0.05) and oxygen consumption (194 +/- 18 vs 144 +/- 8 ml/min, P less than 0.05). The different effects of dopamine and dobutamine on cardiac filling pressures can be due to differences in effects on myocardial contractility, ventricular afterload, and cardiac compliance. This experimental study indicates that when fluid therapy is combined with adrenergic agents in resuscitation from septic shock, dobutamine can be associated with higher cardiac output and oxygen transport and can result in higher tissue oxygen consumption than dopamine. |
Background {#Sec1}
==========
Assessment of the psychological component of health via rating scales and questionnaires has a long and continuing history. This is exemplified by the work of Goldberg on his General Health Questionnaire (GHQ) item set(s) \[[@CR1]\], but also by many others who have worked on questionnaires measuring "general health" \[[@CR2]\]. Goldberg's GHQ instruments are intended to be scored and used as an assessment of risk for common mental disorder(s) and have become established in health care, help seeking and epidemiological studies including national and cross-national surveys. However, there have also been new and influential measures developed for application in this setting, introduced by researchers from the fields of health promotion, positive psychology, and public (mental) health. Consequently, over the past two decades it has become increasingly common for national and international research studies and health surveys to broaden measurement to a wider range of psychological health concepts in populations \[[@CR3]\]. This has resulted in multi-faceted definitions and new instrument conventions for fieldwork \[[@CR4]\] such that more than one instrument is now likely to be included in health or well-being surveys.
Presently, a number of alternative instruments appear popular. Hence there are choices and opportunities for researchers and survey designers to experiment with different assemblies, subsets and orderings of existing items within and across instruments \[[@CR5]--[@CR7]\]. Our impression is that this has been rare to date and therefore several instruments that may all assess a common construct may exist and have been developed in parallel \[[@CR8]\]. If this argument holds, then there may be no need to invent or introduce new items or instruments, as existing item sets might be sufficient or adequate, and already complement each other in this regard. If this is the case, they can be combined in order to achieve accurate and efficient measurement of population level variation in public health research.
We suggest that, over the past decade, too much of the debate about the measurement of well-being has been about specific instruments, i.e. fixed collections of items, not about the items themselves. Instead of looking at whole instruments and correlations between their scores in order to try to gauge their similarity, the use of item response theory (IRT) based models and joint analysis of items ("co-callibration") \[[@CR8]--[@CR10]\] may be of greater value in advancing understanding and measurement of psychological distress variation (and dimensions). Such activities make it possible to identify useful items, the extent of overlap between instruments and optimal item sets for specific assessment purposes. Even more than that, IRT models can help to support those who might wish to administer assessments in a shorter time, they offer potentially higher face validity for the individual respondents, yet still with a level of precision that is high enough for any given scientific or practical purpose, as befits any particular study or set of surveys. This can be achieved by employing computer-adaptive procedures that do not require researchers to depend on any single specific instrument or measure, but rather to use a broader "pool" of content consisting of a large collection of items calibrated using IRT: a practice that has become known as computerized adaptive testing (CAT) \[[@CR11]\]. Since there is potential for most modern surveys to use technologies that allow items to be administered via apps, on mobile devices or through conventional or cloud-based computing platforms, there is no reason why this technology should not be used to its maximum potential, to support adaptive testing ideas in the field of survey research.
In this paper we present such a joint analysis. Our aim is to combine item sets from two instruments (the GHQ-12 and Affectometer-2) and to offer them as an item bank for general psychological distress \[[@CR12]\] measurement. The main aim of such an analysis is the quantification of similarities and overlap across all items - as well as their item parameters - that can be used for further implementation as an "item bank". Since we will invoke psychometric principles and models that allow for adaptive measurement, we will also emphasize how the measurement error considered under this approach can enhance narratives about lowest permissible measurement precision across individuals.
To this end, we first compared plausible structural models that were derived from the literature for each instrument and then fit an appropriate latent variable model (from the family of IRT models). This approach allowed us to map GHQ-12 and Affectometer-2 items onto a common dimension measured by both instruments. Hence this general psychological distress \"factor\" (dimension) was defined via bifactor modeling \[[@CR13]\]. Based on this model we next assessed inter-item dependencies and the position of the item parameters on the latent continuum to identify which items of the two instruments were possibly exchangeable \[[@CR14]\] and would align to one metric.
Building on the previous steps, we then explored the feasibility of administering the joint item-set as a computerized adaptive test drawing on the 52-item bank. In the simulation study we took an additional opportunity to compare different estimation procedures and configurations of the CAT algorithms as well as exploring the number of items that are necessary to reliably assess a general psychological distress factor. In doing so we aimed to meet the measurement and practical needs of public mental health researchers.
Methods {#Sec2}
=======
Multi-item questionnaires to be jointly calibrated: integrative data analysis approach {#Sec3}
--------------------------------------------------------------------------------------
Two instruments are introduced as key measures in the dataset chosen for our analysis. We chose instruments for which there is either extensive literature, or interesting items: the former is our justification for using GHQ-12, and the latter for including Affectometer-2.
The 12 - item version of the GHQ is the shortest and probably the most widely used version of the item set originated by Goldberg \[[@CR15]\]. GHQ-12 was developed as a brief, paper and pencil assessment of psychological distress, indicative of common mental disorder (CMD). It identifies those exceeding a threshold on the sum score -- "screen positives" who are at increased risk of a current diagnosis of anxiety and/or depression (i.e. CMD). GHQ-12 is best considered as a short form of the GHQ-30, which itself comprises half the items in the original GHQ-60 \[[@CR15]\]. The GHQ-30 was intended to be unidimensional and avoided the inclusion of somatic symptoms. Both GHQ-30 and GHQ-12 contain an equal number of positively and negatively phrased items.
The Affectometer-2 is a 40-item scale developed in New Zealand to measure *general happiness* as a sense of well-being based on assessing the balance of positive and negative feelings in recent experience \[[@CR16]\]. Its items contain both simple adjectives and phrases. The Affectometer-2 came to the attention of many UK and international audiences, when it was considered as a starting point for the development of a Scottish population well-being indicator. Comparatively little attention had previously been given to the Affectometer-2 within the UK (only one publication by Tennant and co-authors \[[@CR17]\]). Part of the motivation for our analysis was to understand its items in the context of the latent continuum of population general psychological distress since they developed historically in different contexts and were aimed at different purposes. Our methods allow novel combinations of items to be scored on a single population construct, a latent factor common to the whole set of items, using the widely exploited modeling approach of bifactor IRT \[[@CR18]--[@CR20]\].
Response options, response levels, and scoring {#Sec4}
----------------------------------------------
In contrast to the GHQ-12, which has four ordinal response levels (for positively worded items: not at all, no more than usual, rather more than usual, much more than usual; for negatively worded items: more than usual, same as usual, less than usual, much less than usual), the Affectometer-2 has five ordinal response levels (not at all, occasionally, some of the time, often, all of the time). Some Affectometer-2 items, as the instrument has a mixture of positive and negative phrasing, needed to be reversed (half of them) to score in the same "morbidity" direction. Negative GHQ-12 items\' response levels are already reversed on the paper form and thus their scoring does not need to be reversed. Nonetheless, positive and negative item wording is known to influence responses \[[@CR13], [@CR21], [@CR22]\] regardless of reversed scoring of corresponding items. An approach to eliminate this effect is to model its influence as a nuisance (method) factor in factor analysis, for example by using the bifactor model \[[@CR23]\] or alternative approaches \[[@CR24], [@CR25]\].
Population samples for empirical item analysis {#Sec5}
----------------------------------------------
A dataset of complete GHQ-12 and Affectometer-2 responses was obtained from *n* = 766 individuals who participated in wave 11 (collected in 2006) of the Health Education Population Survey in Scotland (SHEPS) \[[@CR26]\]. This figure comprises effectively half of the total SHEPS sample size that year; the other half was administered the Warwick-Edinburgh Mental Well-Being Scale \[[@CR27]\]. The long running series of SHEPS in Scotland was started in 1996 and was designed to monitor health-related knowledge, attitudes, behaviors and motivations to change in the adult population in Scotland. The questionnaires are administered using computer assisted personal interviewing (CAPI) in respondents\' homes.
Development of the latent variable measurement model and item calibration {#Sec6}
-------------------------------------------------------------------------
To empirically test the structural integrity of the 52 items in the proposed general psychological distress item bank we used multidimensional IRT modeling with bifactor principles underpinning our analyses. We tested a priori the hypothesis that both GHQ-12 and Affectometer-2 items contribute mainly to the measurement of a single dimension (psychological distress). However, apart from this dominant (general) factor, responses might also be influenced by methodological features such as item wording (as noted earlier half of the items in the GHQ-12 and Affectometer-2 are positively worded and half negatively worded).
Several approaches have been suggested to model variance specific to methods factors \[[@CR24], [@CR25]\]. To accommodate the possible influences of such item wording effects when seeking the relevant estimates for the main construct of general psychological distress (GPD) we elected to apply a so-called M-1 model \[[@CR25]\]. This model assumes the existence of a general factor as well as M-1 method latent variables where M stands for specific (nuisance) factors explaining the common variance of items sharing the same wording. In the framework of our study, the M-1 model translates into the general factor accounting for shared variance (here GPD) across all 52 items in our item bank and one specific factor accounting for positively worded items from both measures[1](#Fn1){ref-type="fn"}. Figure [1](#Fig1){ref-type="fig"} provides a graphical representation of the M-1 model.Fig. 1M-1 model of GHQ-12 and Affectometer-2
To demonstrate the relevance of a bifactor approach for our data, we compare its fit to data with a unidimensional solution, i.e. a solution where all items load on a general factor and no specific factors are included. For evaluation of model fit, traditional fit indices were used, including Satorra-Bentler scaled chi-square \[[@CR28]\], comparative fit index (CFI) \[[@CR29]\], Tucker-Lewis fit index (TLI) \[[@CR30]\] and root mean square error of approximation (RMSEA) \[[@CR31]\]. Corrected *χ*^2^ difference test was used for the comparison \[[@CR32]\]. All models were estimated with MPlus \[[@CR33]\] using mean and variance adjusted Weighted Least Squares (WLSMV) estimation. Therefore the resulting model can be referred as the normal ogive Graded Response Model (GRM) \[[@CR34], [@CR35]\].
CAT simulation {#Sec7}
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Before the simulation of the adaptive administration of this item bank could be carried out, the factor analytic estimates needed to be converted to IRT parameters by using the following formulas \[[@CR18], [@CR36]\]; for each item *i* = 1, ... *P* influenced by *m* = 1,...,*M* factors, the discrimination (*α*~*im*~) and *k* IRT thresholds (*t*~*ik*~) on item *i* are
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\begin{document}$$ {\alpha}_{im}=\frac{1.7\times {\lambda}_{im}}{\sqrt{1-{\displaystyle \sum_{m=1}^M{\lambda}_{im}^2}}} $$\end{document}$ and $\documentclass[12pt]{minimal}
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\begin{document}$$ {t}_{ik}=\frac{1.7\times {\tau}_{ik}}{\sqrt{1-{\displaystyle \sum_{m=1}^M{\lambda}_{im}^2}}} $$\end{document}$,
where *λ*~*im*~ is factor loading of the item on factor *m*, *τ*~*ik*~ are the corresponding item thresholds and the scaling constant 1.7 converts estimates from the normal ogive metric of the factor model into logistic IRT metric needed for the CAT application.
To evaluate the performance of the proposed item bank we set up a Monte Carlo simulation. The simulation can be used to evaluate the efficacy of CAT administration and also the proximity of the latent factor values from the CAT administration (*θ*~*est*~) to the true latent factor values (*θ*~*true*~). In such a setting, a matrix of item parameter estimates from a calibration study and a vector of values of *θ*~*true*~ need to be provided. Also, the IRT model has to be specified. The process can be outlined as follows:Simulate latent factor values from the desired distribution (*θ*~*true*~) which serve as "true" latent distress values of the simulated respondents.
For the purposes of our simulation we first simulated 10,000 *θ*~*true*~ values from standard normal distribution N(0,1) which is the presumed empirical distribution of distress in the general population. These values are therefore used to investigate the functioning of the item bank in its epidemiological context. We also ran a second simulation based on 10,000 *θ*~*true*~ values drawn from uniform distribution U(-3,3). Although such a distribution of distress is unlikely in the general population, the rationale is to eliminate the influence of the empirical distribution of the latent factor on CAT performance.2.Supply item parameter estimates and choose the corresponding IRT model.
In the context of our study, this step means to supply IRT parameters (discriminations and item thresholds) from item calibration and define which model was used for the calibration (normal ogive GRM in our case). Together with the *θ*~*true*~ values simulated from the previous step, this provides the information needed for a simulated CAT administration, because stochastic responses to the items can be generated (see step 4).3.Set CAT administration options
This step involves the selection of a latent factor estimation method, item selection method, termination criteria and other CAT specific settings. It requires careful selection of manipulated options since otherwise the number of cells in the simulation design increases rapidly. In our simulation, we aimed to evaluate the performance of the item bank in combination with the following:Latent factor (*θ*) estimators \[[@CR37]\]:Maximum likelihood estimation (MLE)Bayesian modal estimation (BME)Expected A Priori estimation (EAP).Item selection methods:unweighted Fisher information (UW-FI) \[[@CR38], [@CR39]\]pointwise Kullback-Leibler divergence (FP-KL) \[[@CR40]\]:
For more details about implementation of these algorithms please see \[[@CR41]\]Priors for the distribution of *θ* in the population (only for BME and EAP):(standard) normaluniform.Termination criteria (whichever comes first): a) standard error of measurement thresholds: 0.25; 0.32; 0.40, 0.45, 0.50 or b) all items are administered.
This resulted in the 50 cells in the simulation design matrix. The following settings were kept constant across all cells:Initial *θ* starting values: random draws from U(-1,1)Number of items selected for starting portion of CAT: 3Number of the most informative items from which the function randomly selects the next item of CAT: 1 (i.e. the most informative item is always selected).
Additional parameters can be added to control the frequency of item selection (indeed most informative items tend to be selected too often and the least informative are selected rarely -- this issue is known as item exposure). We do not control for item exposure in our study as it is not considered (yet) to be of great concern in mental health assessment applications, but the simulation study also allowed us to explore the relevance of this aspect for this item bank.4.Simulate CAT administration
Within each of the cells of the simulation design, an administration of the item bank is simulated for each randomly generated *θ*~*true*~ value (from step 1). Based on an initial starting *θ* value, three items are chosen from the item bank (see step 3, initial *θ* starting values) and stochastic responses are calculated for the respective *θ*~*true*~ values. Based on these responses, an initial estimate of the latent factor value is calculated (see step 3, *θ* estimators); for which a new item to present is selected from the item bank (see step 3, item selection methods). This process is repeated until a pre-set termination criterion is reached (see step 3, termination criteria). This process mimics standard CAT applications \[[@CR11]\] and results in estimates (*θ*~*est*~) for each of the simulated *θ*~*true*~.
The CAT simulation analysis was performed in the R package *catIrt* \[[@CR41]\]. Please consult its reference manual \[[@CR41]\] for a full description of available simulation options. Key information was stored for each simulated CAT administration: which items were administered and their order, estimated *θ*~est~ and its standard error after item administration. Computer code is provided in an Additional file [1](#MOESM1){ref-type="media"}.
CAT performance was assessed by means of the number of administered items, mixing of items from GHQ-12 and Affectometer-2 during CAT administration, and by the proximity of *θ*~*est*~ from CAT administration to the simulated *θ*~*true*~. Such proximity can be evaluated based on the root mean squared error, computed as
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\begin{document}$$ RMSE=\sqrt{\frac{1}{n}{\displaystyle \sum {\left({\theta}_{est}-{\theta}_{true}\right)}^2}} $$\end{document}$.
Thus, values can be interpreted as the standard deviation of the differences (on the logit scale) between the CAT estimated and the true *θs*. We also present correlations between these two quantities. Lower values of RMSE and correlations closer to unity indicate better performance.
Results {#Sec8}
=======
The left half of Table [1](#Tab1){ref-type="table"} presents factor loadings and thresholds of the M-1 model. Although *χ*^2^ indicates significant misfit (*χ*^2^ = 4653, df = 1248, *p* \< 0.001), other fit indices indicate marginal fit (CFI = 0.922; TLI = 0.917, RMSEA = 0.063). This model showed significant improvement in model fit when compared to the unidimensional solution (*χ*^2^ difference = 948, df = 26, *p* \< 0.001).Table 1Factor loadings (λ) and thresholds (τ) of GHQ-12 and Affectometer-2 itemsItemAbbreviated item wordingM-1 modelUpdated modelλ genλ posτ1τ 2τ 3τ 4λ genλ posAffλ posGHQτ1τ 2τ 3τ 4GHQ 1Able to concentrate0.68−0.12−1.301.011.89-0.58-0.60−1.301.011.89-GHQ 2Lost sleep0.66-−0.140.871.59-0.67\--−0.140.871.59-GHQ 3Play useful part0.60−0.14−0.991.241.91-0.50-0.54−0.991.241.91-GHQ 4Making decisions0.65−0.24−1.081.402.14-0.52-0.61−1.081.402.14-GHQ 5Under strain0.73-−0.450.761.63-0.74\--−0.450.761.63-GHQ 6Overcome difficulties0.76-0.011.151.75-0.77\--0.011.151.75-GHQ 7Enjoy day-to-day activities0.65−0.15−1.240.971.75-0.56-0.49−1.240.971.75-GHQ 8Able to face problems0.64−0.22−1.061.302.04-0.50-0.68−1.061.302.04-GHQ 9Unhappy0.86-0.000.931.62-0.87\--0.000.931.62-GHQ 10Lose confidence0.79-0.141.021.77-0.81\--0.141.021.77-GHQ 11Worthless person0.86-0.581.381.98-0.88\--0.581.381.98-GHQ 12Reasonably happy0.63−0.14−1.011.101.89-0.54-0.53−1.011.101.89-Aff 1Life on the right track0.700.43−1.080.000.531.290.680.46-−1.080.000.531.29Aff 2Change life0.67-−0.830.140.741.640.68\--−0.830.140.741.64Aff 3Future looks good0.620.44−1.27−0.110.481.320.600.47-−1.27−0.110.481.32Aff 4Best years are over0.63-−0.010.661.161.670.64\--−0.010.661.161.67Aff 5Like yourself0.480.49−1.01−0.060.571.360.460.50-−1.01−0.060.571.36Aff 6Something wrong0.77-0.270.911.412.100.78\--0.270.911.412.10Aff 7Handle problems0.480.36−0.850.180.751.530.450.40-−0.850.180.751.53Aff 8Failure0.88-0.391.071.462.220.89\--0.391.071.462.22Aff 9Loved and trusted0.530.51−0.450.541.021.640.510.53-−0.450.541.021.64Aff 10Left alone0.61-0.280.951.472.220.62\--0.280.951.472.22Aff 11Close to people0.520.54−0.480.560.991.810.500.57-−0.480.560.991.81Aff 12Lost interest0.72-0.561.121.772.620.73\--0.561.121.772.62Aff 13Do whatever want0.490.33−1.26−0.390.280.970.460.37-−1.26−0.390.280.97Aff 14Life stuck0.81-−0.270.561.041.670.82\--−0.270.561.041.67Aff 15Energy to spare0.420.21−1.98−0.92−0.080.830.400.27-−1.98−0.92−0.080.83Aff 16Can't be bothered0.66-−0.680.461.082.140.67\--−0.680.461.082.14Aff 17Smiling a lot0.580.30−1.330.040.651.620.560.35-−1.330.040.651.62Aff 18Nothing fun0.69-−0.110.801.332.010.70\--−0.110.801.332.01Aff 19Thinking creatively0.530.48−1.190.020.661.580.510.50-−1.190.020.661.58Aff 20Thoughts useless0.76-−0.030.651.272.100.77\--−0.030.651.272.10Aff 21Satisfied0.660.47−1.37−0.020.601.630.640.50-−1.37−0.020.601.63Aff 22Optimistic0.440.44−1.44−0.160.431.360.430.43-−1.44−0.160.431.36Aff 23Useful0.510.41−1.130.180.821.700.490.45-−1.130.180.821.70Aff 24Confident0.620.45−1.170.050.711.590.610.47-−1.170.050.711.59Aff 25Understood0.410.41−1.280.010.791.580.400.41-−1.280.010.791.58Aff 26Interested in others0.400.46−0.770.400.921.740.370.50-−0.770.400.921.74Aff 27Relaxed0.670.29−1.37−0.100.561.480.660.31-−1.37−0.100.561.48Aff 28Enthusiastic0.550.46−1.51−0.180.501.500.530.50-−1.51−0.180.501.50Aff 29Good natured0.460.45−0.850.471.092.180.430.49-−0.850.471.092.18Aff 30Clear headed0.530.48−0.860.290.821.670.510.49-−0.860.290.821.67Aff 31Discontented0.73-−0.290.671.272.040.74\--−0.290.671.272.04Aff 32Hopeless0.86-0.471.061.602.260.87\--0.471.061.602.26Aff 33Insignificant0.80-0.321.051.592.220.81\--0.321.051.592.22Aff 34Helpless0.78-0.441.071.552.180.79\--0.441.071.552.18Aff 35Lonely0.68-0.130.871.262.070.69\--0.130.871.262.07Aff 36Withdrawn0.83-0.230.911.492.260.84\--0.230.911.492.26Aff 37Tense0.67-−0.720.320.941.830.68\--−0.720.320.941.83Aff 38Depressed0.86-0.100.791.251.830.87\--0.100.791.251.83Aff 39Impatient0.41-−1.090.160.872.180.41\--−1.090.160.872.18Aff 40Confused0.65-0.141.001.582.310.66\--0.141.001.582.31
Contrary to what we expected based on the literature, the GHQ-12 positive items did not load on the positive factor (all items show low negative loadings) suggesting that positive items from both instruments do not have much shared variance after accounting for the general factor. Therefore, the updated model considered positively worded items from GHQ-12 and Affectometer-2 (posGHQ and posAff factors respectively) to be separate but correlated factors. The fit to data of this updated model was better compared to the M-1 model (*χ*^2^ = 3135, df = 1247, p \< 0.001; CFI = 0.957; TLI = 0.954, RMSEA = 0.047), and direct comparison of both models revealed significant improvement over the M-1 model (*χ*^2^ difference = 321, df = 1, *p* \< 0.001). This model was statistically better motivated given the high loadings for the positively worded GHQ-12 items (on the corresponding specific factor). Finally, this model showed better fit in comparison to the unidimensional model (*χ*^2^ difference = 1320, df = 27, *p* \< 0.001). Factor loadings and thresholds are presented in the right half of Table [1](#Tab1){ref-type="table"}.
The correlation between the two factors accounting for positively worded items was statistically significant (*p* = 0.003) though small (0.143) suggesting relative independence of the positive wording method factors in GHQ-12 and Affectometer-2. Item loadings for both measures on the general factor were, with the exception of Affectometer-2 item "Interested in others" (Aff 26), all larger than 0.4 which has been suggested as a reasonable cutoff value \[[@CR42]\]. This suggests that all covariances of items in our item bank could be explained to a reasonable extent by the single latent factor hypothesized as a population continuum of "general psychological distress". This interpretation is supported by an *ω*~H~ = .90, which indicates that responses are dominated by this single general factor \[[@CR18], [@CR36], [@CR43]\].
After the joint calibration on the general factor, it is possible to compare the conditional standard error of measurement (SEM) for the general factor when using either all items or specific subsets of items from the item bank. The comparison of measurement errors of individual instruments revealed that both the GHQ-12 and the Affectometer-2 were best suited to assess more distressed states: Factor estimates above the population mean ("0" in Fig. [2](#Fig2){ref-type="fig"}, i.e. more distressed individuals), were associated with a lower standard error of measurement and thus more precisely assessed. The difference between these two item sets was mainly due to their differences in test length as well as the number of response categories (both favour the Affectometer-2). Figure [2](#Fig2){ref-type="fig"} also shows the conditional measurement error for those 12 items from the 52-item bank that are optimally targeted at each distress level to explore whether the item bank improves upon the GHQ-12. In steps of 0.15 along the GPD continuum (x-axis) those 12 items with the highest information function for each specific distress level were selected and their joint information *I*(*θ*) was converted into the conditional measurement error ($\documentclass[12pt]{minimal}
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\begin{document}$$ 1/\sqrt{I\left(\theta \right)} $$\end{document}$). The resulting conditional standard error is presented as the dash-dotted line and it illustrates the gain in measurement precision by using items from more than one instrument: in the slightly artificial case of having to choose an optimal 12 item version it is neither the widely relied-upon item set of the GHQ-12 that is chosen, nor is it only Affectometer-2 items with more response categories. Instead, this scenario already illustrates that different items can be of different value for specific assessment purposes and levels of distress. In the following simulation study we assessed this question more generally as well as methodological questions comparing different selection and estimation algorithms for adaptive situations.Fig. 2Conditional measurement error for all items, GHQ-12, Affectometer-2, and 12 optimal items from item bank
The solid line in Fig. [2](#Fig2){ref-type="fig"} shows measurement error along distress levels of the combined instruments. It can also be viewed as a justification for our most stringent termination criteria with respect to SEM in our simulation (see Methods section): SEM values below 0.25 cannot be achieved with this item bank and therefore it makes little sense to include them in the simulation.
Transformation of factor analytic estimates into relevant IRT parameters {#Sec9}
------------------------------------------------------------------------
For the final model considered in our item bank, negative items load on the general factor (distress) only but positive items load on both the general as well as one of the method factor (posGHQ and posAff respectively). Therefore, the number of dimensions for negative items is *M* = 1 but for positive items *M* = 2. As noted previously, to eliminate the influence of item wording, we considered and converted IRT estimates only for the general factor in this model (CAT algorithms for item banks where specific factors are deemed to add further substantive information appear elsewhere \[[@CR44]\]). Converted IRT estimates of the items included in our bank are presented in Table [2](#Tab2){ref-type="table"}.Table 2IRT parameter estimates (in logistic metric) of GHQ-12 and Affectometer-2 itemsItemAbbreviated item wordingNr. of times Administered^a^αt~1~t~2~t~3~t~4~*θ* ~*true*~ \~ N(0,1)*θ* ~*true*~ \~ U(-3,3)GHQ 1Able to concentrate14011051.75−3.953.085.75-GHQ 2Lost sleep229520101.53−0.321.993.63-GHQ 3Play useful part86526271.27−2.503.124.81-GHQ 4Making decisions56022861.46−3.073.976.08-GHQ 5Under strain407142651.87−1.131.934.11-GHQ 6Overcome difficulties461822792.070.043.084.69-GHQ 7Enjoy day-to-day activities47521521.42−3.152.474.46-GHQ 8Able to face problems37419471.59−3.364.116.46-GHQ 9Unhappy757861382.940.013.175.48-GHQ 10Lose confidence492230772.310.392.935.07-GHQ 11Worthless person105524493.072.034.846.97-GHQ 12Reasonably happy100727571.39−2.602.844.87-Aff 1Life on the right track842069032.01−3.19−0.011.583.80Aff 2Change life368644051.58−1.940.321.713.81Aff 3Future looks good316841751.57−3.35−0.291.273.48Aff 4Best years are over0191.41−0.021.472.563.70Aff 5Like yourself128730311.08−2.35−0.141.333.16Aff 6Something wrong325730662.150.742.493.865.77Aff 7Handle problems75123400.96−1.810.381.603.25Aff 8Failure413441933.351.484.035.488.33Aff 9Loved and trusted193429011.29−1.141.372.574.14Aff 10Left alone091.340.602.063.194.81Aff 11Close to people189331011.29−1.251.472.584.70Aff 12Lost interest081.821.402.794.416.52Aff 13Do whatever want101627940.98−2.65−0.830.592.04Aff 14Life stuck778080802.46−0.801.693.125.01Aff 15Energy to spare1959520.77−3.84−1.78−0.161.61Aff 16Can't be bothered249337711.54−1.561.042.484.91Aff 17Smiling a lot113028811.28−3.020.081.473.67Aff 18Nothing fun314122301.67−0.261.903.184.80Aff 19Thinking creatively129930321.23−2.880.041.603.81Aff 20Thoughts useless603141532.06−0.091.753.395.62Aff 21Satisfied465542181.85−3.98−0.061.734.74Aff 22Optimistic58723070.92−3.08−0.340.932.91Aff 23Useful95427271.11−2.580.411.863.87Aff 24Confident157932261.61−3.100.131.884.21Aff 25Understood30313700.83−2.650.031.633.27Aff 26Interested in others241320.80−1.660.861.993.75Aff 27Relaxed429947031.66−3.42−0.261.413.70Aff 28Enthusiastic171933481.31−3.76−0.441.243.73Aff 29Good natured67023790.97−1.911.062.464.90Aff 30Clear headed156832381.24−2.080.701.984.04Aff 31Discontented446238091.87−0.741.693.225.16Aff 32Hopeless207930003.021.633.675.557.84Aff 33Insignificant292324172.320.933.024.586.39Aff 34Helpless240925412.221.232.984.336.08Aff 35Lonely091.640.312.042.984.89Aff 36Withdrawn556550272.590.712.824.627.02Aff 37Tense276339371.58−1.670.752.194.24Aff 38Depressed786568623.000.362.724.306.30Aff 39Impatient402310.77−2.030.291.624.07Aff 40Confused0101.490.322.273.565.23^a^Number of times the items was administered out of 10,000 simulated CAT administration for SEM = 0.32, MLE and UW-FI item selection algorithm
CAT simulation {#Sec10}
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We used IRT parameters from Table [2](#Tab2){ref-type="table"} and a vector of 10,000 values of *θ*~*true*~ sampled from the standard normal and uniform distributions as an input for our simulation. We then manipulated (1) *θ* estimator, (2) item selection method, (3) termination criteria and (4) prior information on distress distribution in the population (for BME and EAP estimators).
To evaluate the efficacy of CAT administration we present the number of administered items needed to reach \>the desired termination criteria in Table [3](#Tab3){ref-type="table"}. The results indicate that, to reach a high measurement precision \[[@CR45], [@CR46]\] of the score (i.e. standard error of measurement (SEM) = 0.25), 23--30 items on average need to be administered regardless of *θ* estimator, item selection method, or *θ*~*true*~ distribution. Not surprisingly, the number of items needed decreases dramatically as the desired SEM cutoff increases (and thus measurement precision decreases). For example, when the desired SEM cutoff is 0.32, CAT administration requires on average 10--15 items; and only 4--7 items are required for a SEM cutoff of 0.45. It is not surprising that maximum likelihood-based and Bayesian *θ* estimators with non-informative (uniform) priors are similarly effective since they are formally equivalent. However, the normal prior helps to further decrease the number of administered items, even for uniformly distributed *θ*~*true*~ values. Information-based and Kullback-Leibler item selection algorithms are similarly effective.Table 3Mean (standard deviation) number of administered itemsTheta estimatorItem selectionPriorSEM threshold *θ* ~*true*~ \~ N(0,1)SEM threshold *θ* ~*true*~ \~ U(-3,3)0.250.320.400.450.500.250.320.400.450.50MLEUW-FI-25 (13)12 (6)7 (3)6 (2)5 (2)29 (17)15 (9)9 (5)7 (3)5 (3)MLEFP-KL-25 (13)12 (6)7 (3)6 (2)5 (2)29 (17)15 (9)9 (5)7 (3)6 (3)BMEUW-FINormal23 (12)10 (5)5 (2)4 (2)3 (1)28 (17)13 (7)7 (4)5 (3)4 (2)BMEUW-FIUniform25 (13)12 (6)7 (3)6 (3)5 (2)29 (17)15 (9)9 (5)7 (4)6 (3)BMEFP-KLNormal23 (12)10 (5)5 (2)4 (2)3 (1)28 (17)13 (7)7 (4)5 (3)4 (2)BMEFP-KLUniform25 (13)12 (6)7 (3)6 (3)5 (2)29 (17)15 (9)9 (5)7 (4)6 (3)EAPUW-FINormal23 (12)11 (5)6 (2)5 (2)4 (1)28 (17)13 (7)7 (4)5 (3)4 (2)EAPUW-FIUniform26 (13)13 (6)8 (3)6 (2)5 (2)30 (17)15 (9)9 (4)7 (3)6 (2)EAPFP-KLNormal23 (12)11 (5)6 (2)5 (2)4 (1)28 (17)13 (7)7 (4)5 (3)4 (2)EAPFP-KLUniform26 (13)13 (6)8 (3)6 (2)5 (2)30 (17)15 (8)9 (4)7 (3)6 (2)
Table [4](#Tab4){ref-type="table"} shows the mixing of items from both GHQ-12 and Affectometer-2 when jointly used for CAT administration. Such mixing is relatively stable across all scenarios for high measurement precisions. The variability across scenarios increases with decreasing demands for measurement precision. Note, that the percentage of GHQ-12 items within the item bank was 23.1 %. We emphasize that neither item exposure control nor content balancing was used in our simulations.Table 4Mean % of GHQ-12 items in the CAT administered itemsTheta estimatorItem selectionPriorSEM threshold *θ* ~*true*~ \~ N(0,1)SEM threshold *θ* ~*true*~ \~ U(-3,3)0.250.320.400.450.500.250.320.400.450.50MLEUW-FI-19.723.124.224.623.920.721.525.025.824.9MLEFP-KL-19.522.924.024.123.820.621.224.424.924.4BMEUW-FINormal20.424.828.128.132.720.722.024.524.929.0BMEUW-FIUniform19.522.323.022.120.820.620.623.524.122.9BMEFP-KLNormal20.225.028.328.632.820.722.024.825.930.3BMEFP-KLUniform19.322.322.821.820.920.320.923.523.322.3EAPUW-FINormal20.123.926.627.828.320.521.423.724.326.4EAPUW-FIUniform19.522.525.024.926.020.721.225.426.825.1EAPFP-KLNormal19.924.027.128.029.420.521.624.224.627.4EAPFP-KLUniform19.722.125.223.325.820.221.324.825.425.3% of GHQ-12 items in the item bank: (12/52)\*100 = 23.1 %
Values of RMSE between final *θ* estimates from CAT administration (*θ*~*est*~) and their corresponding values of *θ*~*true*~ are provided in Table [5](#Tab5){ref-type="table"}.Table 5Root mean square errors (RMSE) between CAT estimated *θ*s and true *θ*sTheta estimatorItem selectionPriorSEM threshold *θ* ~*true*~ \~ N(0,1)SEM threshold *θ* ~*true*~ \~ U(-3,3)0.250.320.400.450.500.250.320.400.450.50MLEUW-FI-0.2530.3180.4010.4490.4890.2660.3220.4020.4570.499MLEFP-KL-0.2530.3190.4010.4480.4880.2660.3240.4020.4570.497BMEUW-FINormal0.2510.3220.4070.4530.4760.2790.3550.480.5580.619BMEUW-FIUniform0.2570.3180.4010.4470.4910.2660.3180.4010.4510.502BMEFP-KLNormal0.2510.3220.4060.4480.4740.2790.3550.480.5550.619BMEFP-KLUniform0.2590.3180.3950.440.4840.2630.3220.3960.4520.491EAPUW-FINormal0.2470.3130.3830.4290.4650.2760.3450.4480.5160.575EAPUW-FIUniform0.2530.3150.3830.4220.4620.2610.3190.390.430.466EAPFP-KLNormal0.2470.3130.3830.4270.4680.2760.3460.4470.5120.585EAPFP-KLUniform0.2530.3150.3770.4220.4630.2630.3190.3850.430.465
Results show that the square root of mean square deviations between the true and estimated *θ* values lies between 0.247 and 0.619 logit (i.e. between 0.15 and 0.36 standard deviation).
Another traditional approach for evaluating the proximity of the estimated and true *θs* is the correlation coefficient. Figure [3](#Fig3){ref-type="fig"} therefore provides scatterplots of *θ*~*true*~ on the x-axis and the final estimates *θ*~*est*~ from the CAT administration on the y-axis (for the UW-FI method of item selection).Fig. 3Scatterplots and correlations between CAT estimated *θ*s and true *θ*s for **a**) *θ* ~*true*~ \~ N(0,1) and **b**) *θ* ~*true*~ \~ U(-3,3)
The red line represents perfect correlation between *θ*~*true*~ and *θ*~*est*~, the blue one shows the fitted regression line. Figure [3](#Fig3){ref-type="fig"} also shows no systematic bias of CAT estimated *θs* for all SEM cutoffs (dots are distributed symmetrically along the red line). As expected, correlation is lower as the measurement precision decreases, though it is still around 0.9 even for a SEM cutoff of 0.50.
Discussion {#Sec11}
==========
The development of an item bank for measurement of psychological distress is a timely challenge amid public mental health debates over measuring happiness /well-being or depression \[[@CR47]--[@CR51]\]. In this paper we have presented, to our knowledge, the first calibration of items to measure GPD "adaptively" focusing on practical issues in the transition from multi-instrument paper and pencil assessments to modern adaptive ones based on item banks created from *existing validated* items. We chose the GHQ-12 and the Affectometer-2 because they are close in terms of content, and target population \[[@CR16]\] but were derived differently. We have demonstrated that their items measure a common dimension, which is in keeping with others' prior notions of general psychological distress. Potentially more instruments targeting the same or similar constructs can be combined to develop large item banks desirable for adaptive testing. Thus, we do not necessarily need to invent new instruments or items - we can instead combine existing and validated ones[2](#Fn2){ref-type="fn"}.
Importantly, the combination of both instruments leads to an item bank which is more efficient than using either instrument on its own. Compared to the GHQ-12, using the same number of items results in a higher measurement precision (dash-dotted line in Fig. [2](#Fig2){ref-type="fig"}) and compared to the Affectometer-2 a smaller number of items will result in sufficient measurement precision for a broad range of distress levels and assessment applications. In addition, although the Affectometer-2 already consists of 40 items, the simulation study (Table [4](#Tab4){ref-type="table"}) shows that the GHQ-12 complements its coverage of the latent construct. These can be seen as considerable advantages over the traditional use of single instruments.
Pooling and calibration of this relatively small set of items required subtle analytic considerations regarding positive wording of items present in both GHQ-12 and Affectometer-2. To eliminate the influence of wording effects on our general factor we used the M-1 modelling approach \[[@CR25]\]. A model with a single method factor accounting for the positive wording used by items in both measures was compared to an alternative model with separate method factors for positively worded items in the GHQ-12 and Affectometer-2. Low method factor loadings of GHQ-12 items and only marginal fit of the former model suggest the superiority of the latter model. Interestingly, results show the positive factors from each measure to be relatively independent.
A large literature has considered the potential multidimensionality of the GHQ-12 \[[@CR52]--[@CR54]\]. Usually two correlated factors, one for positive and one for negative items, have been reported. Some authors have interpreted this finding as evidence for the GHQ-12 measuring positive and negative mental health. Others have voiced the concern that the second factor is mostly a methods artifact \[[@CR55]\] due to item wording. Our item response theory based factor analysis suggests that it probably is not the former, because if the items of the GHQ-12 and the Affectometer-2 were designed to assess positive mental health with the positively phrased items and mental distress with the negatively phrased ones, then this should be mirrored by a two-factor solution across both instruments. Instead, in our models, GHQ-12 and Affectometer-2 need separate method factors to explain left-over variance in the positively phrased items. This suggests that there is little support for either the same response tendency or the same latent construct underlying the positively worded items across both instruments. This is an important finding, since it indicates first that both instruments, across all their items, assess a single dimension and secondly, that the additional variance in the positively phrased items needs at least two relatively uncorrelated variables as an adequate explanatory model. There is of course interest in exactly what these factors capture, but this is difficult to say without external validation data \[[@CR8]\]. It could be, for example, that one of them actually is a pure methods factor, while the other captures a component of positive affect \[[@CR56], [@CR57]\]. How relevant this latter question is, remains to be seen, since our results improve further on the current state of this debate: A reliability estimate of *ω*~H~ = .90 for the general psychological distress factor highlights that the systematic variance connected with the positively phrased items of both instruments comprises only a marginal proportion of the total variance in responses.
Most importantly for our purposes here, it is the factor loadings on the general factor from a model with separate method factors for positively worded items that were transformed into IRT parameters to calibrate our general psychological distress (GPD) continuum. These were then used as input for our simulation of the efficacy of CAT administration of this candidate item bank. Depending on the combination of *θ* estimator and item selection method, the average number of items required for CAT administration to reach a SEM cutoff of 0.32 typically required for studies using individual level assessment ranged from 10 to 15. The number of administered items can be further reduced if lower precision is acceptable (see Table [3](#Tab3){ref-type="table"}). These figures show evidence of high efficiency and therefore the usefulness of CAT administration to reduce burden on respondents. However, these results have to be judged within the CAT context and they do not provide information on the number of items needed for a self-report approach to distress assessment with traditional fixed-length questionnaires. The CAT application uses a set of different questions for each respondent optimized for their respective distress levels. Fixed-format questionnaires do not have this flexibility and unless they are targeted at a specific factor level, they probably need to be (much) longer than the results of the CAT simulation indicate \[[@CR12], [@CR58]\].
In our simulation we selected frequently used options to show how different combinations of CAT settings may affect the number of administered items. In terms of efficacy, the results suggest rather similar performance of most of them. However, an informative (standard normal) prior helps to further reduce the number of items, especially for lower measurement precisions. Researchers should be cautious when specifying informative priors though, as priors not corresponding with the population distribution may have an adverse effect on the number of administered items \[[@CR59]\].
We believe that our argument and technical work are illustrative and compelling as a justification for future fieldwork. However, there are clearly some limitations of our study. It is important to recognize that the simulation may show slightly over-optimistic results in terms of CAT efficiency. This is because the idealized persons' responses to items during our CAT simulation are based on modelled probabilities and thus follow precisely the item response model used for calibration. Thus the extent of model misfit from the empirical samples is not taken into account by this work. When items are calibrated using a very large sample of respondents, this is not a big issue, but our calibration sample was of only a moderate size and therefore our item bank may need re-calibration in larger empirical datasets. We are not aware of any existing large dataset that allows this, but it could become a priority to explore such a dataset.
An aspect important for future content development is the GPD factor itself. Here, we offer this term over the original terminology ("common mental disorder") frequently associated with the GHQ because our item bank includes Affectometer-2 items and therefore the measured construct is broader. Looking at the items that have been used in the past, approaches to measure GPD currently range from symptoms of mental disorders, a perspective which overlaps with the GHQ-12 tradition \[[@CR60]--[@CR62]\], to definitions based on the affective evaluation, closer to the underlying rationale of the Affectometer-2 \[[@CR56], [@CR57]\]. These, sometimes more deficit oriented perspectives can then be contrasted with similar assessments based on positive psychology or well-being theories \[[@CR27], [@CR63]\]. The interrelations of these frameworks are currently under-researched and more integrative research on these is needed \[[@CR8], [@CR64], [@CR65]\]. It should be noted that while our analysis presents evidence for overlap between two of these positions, this does not cover all relevant frameworks, nor do we present evidence for predictive or differential validity of the item sets, which would have been beyond the scope of this work.
Conclusions {#Sec12}
===========
The CAT administration of the proposed item bank consisting of GHQ-12 and Affectometer-2 items is more efficient than the use of either measure alone and its use shows a reasonable mixing of items from each of the two measures. The approach outlined in this manuscript combines previous work on data integration and multidimensional IRT, and together with other important and similarly minded developments in the field \[[@CR66]--[@CR68]\] illustrates a possible future of quick and broad assessments in epidemiology and public mental health.
Ethics approval and consent to participate {#Sec13}
------------------------------------------
Not applicable.
Consent for publication {#Sec14}
-----------------------
Not applicable.
Availability of data and materials {#Sec15}
----------------------------------
Data from these secondary data analyses of the SHEPS sample were supplied by the UK Data Archive (study number SN5713) and can be accessed at <https://discover.ukdataservice.ac.uk>.
Additional file {#Sec17}
===============
Additional file 1:R code for CAT simulation (DOCX 23.7 kb)
BME
: bayesian modal estimation
CAPI
: computer assisted personal interviewing
CAT
: computerized adaptive testing
CFI
: comparative fit index
CMD
: common mental disorder
EAP
: Expected A Priori
FP-KL
: pointwise Kullback-Leibler divergence
GHQ
: General Health Questionnaire
GPD
: general psychological distress
GRM
: graded response model
IRT
: item response theory
MLE
: maximum likelihood estimation
RMSE
: root mean squared error
RMSEA
: root mean square error of approximation
SEM
: standard error of measurement
SHEPS
: Scottish Health Education Population Survey
TLI
: Tucker-Lewis index
UW-FI
: unweighted Fisher information
WLSMV
: mean and variance adjusted Weighted Least Squares
The selection of modelling a specific factor for negatively or positively worded items is arbitrary and depends on the selection of "reference wording". We selected the negative wording as our reference type of wording.
Subject to considerations regarding copyright permissions.
**Competing interest**
TJC reports grants from GL Assessment (2008-2011) held whilst at the University of Cambridge (with Prof J Rust) for an ability test standardization project. TJC and JS report a personal fee from GL Assessment for psychometric calibration of the BAS3 (ability tests) outside the submitted work. GL Assessment sell the General Health Questionnaire.
JB and KP declare that they have no competing interests.
**Authors' contributions**
Analysis and interpretation of data, drafting and revision of the article -- JS; drafting and revision of the article - JRB; revision of the article - KP; drafting and revision of the article, suggestion to jointly calibrate GHQ-12 and Affectometer-2 as an item bank -- TJC; critical revision for important intellectual content -- all authors. All authors read and approved the final manuscript.
Not applicable.
Funding {#FPar1}
=======
This work was conducted whilst JS was funded by the Medical Research Council (MRC award reference MR/K006665/1), partly also by Charles University PRVOUK programme nr. P38. JS was supported by NIHR CLAHRC East of England.
|
Institutional effectiveness remains a top priority for Coastal Bend College as discussed at the regular board of trustees meeting held on Thursday, Dec. 13.
Director of Institutional Research Randy Lindeman provided an overview of the goals, measures and outcomes that all college departments must submit on an annual basis. Overall, the majority of the college’s instructional, administrative and student services departments have provided documented, measureable data supporting their goals and outcomes since 2009. These institutional effectiveness goals, measures and outcomes are used in meeting accreditation standards, as well as other state and federal standards and in addition to being used internally to improve instruction, services and student success.
Performance funding
A memo from the Texas Higher Education Coordinating Board was sent to all colleges about the proposed outcomes based performance funding model. In the near future, funding for state colleges will likely be based on success points. These success points will be awarded at various milestones throughout a student’s college career such as advancing from developmental education courses to college level courses, passing gateway courses, college credit hour attainment (i.e., 15 hours, 30 hours), certificates or degrees conferred, and transferring to a university. As a member of the Texas Association of Community Colleges, CBC supports this funding model because it focuses on helping students succeed, graduate and enter the workforce or transfer to a university.
New hires
The CBC trustees approved the new organization chart, which will be published in the 2012-2013 CBC Catalog Addendum in early 2013. The new structure features two vice presidents: a VP of student and administrative services and a VP of instruction and economic & workforce development. These two vice presidents will each lead two of four deans: academics, administration, student services and workforce development.
The board approved the appointment of the following positions at the meeting: dean of academics, Dr. Twila Johnson; dean of administration, Kathlyn Patton; dean of student services, Pete Treviño; and vice president of student and administrative services, Velma Elizalde. Also appointed as part of the reorganization are director of business services, Lisa Garza; business analyst, Daniel Benavidez; and assistant human resources director, Denice Hadwin.
The VP of instruction and economic & workforce development and the dean of workforce development have not been appointed.
To buy or nots
Options are being reviewed as to whether or not to purchase the CBC Kingsville campus. The lease agreement costs the college about $247,000 a year. CBC Kingsville boasts more than 35,000 square feet of classrooms, computer and distance learning labs, and a new student success center available to the 600 students that attend classes there each semester.
Overall, the success rate of students at the Kingsville campus is about 80 percent, according to Kingsville Campus Director Felipe Leal. If the college purchases the strip mall containing the campus, it would acquire an additional 56,000 square feet of space, for a total of 91,000 square feet, to expand in the future. The board has begun reviewing information regarding the purchase option and a decision will be made no later than February 2013. |
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digital signing system for enterprise. Electronic file in any format can be signed by many persons, dependency relationship between different signatures can be build, signer`s advises can be involved in the signature. RSA key (1024 bits) ensures signature safety and dynamic transport encryption protects transported information, login system supports intrusion monitoring and shielding, support anti-counterfeit signature page printing. Records all |
Reincarnation was an integral part of early Christianity (as was strict vegetarianism. Ed.). Near Death.com explores what it refers to as the “secret teachings of Jesus” and how all traces of it and Christian Gnosticism were later erased
“[T]here was just an explosion [in the south tower]. It seemed like on television [when] they blow up these buildings. It seemed like it was going all the way around like a belt, all these explosions.”- Firefighter Richard Banaciski
There seemed to be no immediate consequences when, in 1908, Austria annexed Bosnia-Herzegovina. Vienna was in clear violation of the 1878 Treaty of Berlin, which it had signed and kept Bosnia in Turkey, yet the protests of Russia and Serbia were in vain. The following year, the fait accompli was written into an amended treaty. Six years later, however, a Russian-backed Serbian gunman exacted revenge by assassinating the heir to the Austrian throne in Sarajevo in June 1914. The rest is history.
Parallels between Kosovo in 2008 and Bosnia in 1908 are relevant, but not only because, whatever legal trickery the west uses to override UN security council resolution 1244 – which kept Kosovo in Serbia – the proclamation of the new state will have incalculable long-term consequences: on secessionist movements from Belgium to the Black Sea via Bosnia, on relations with China and Russia, and on the international system as a whole. They are also relevant because the last thing the new state proclaimed in Pristina on Sunday will be is independent. Instead, what has now emerged south of the Ibar river is a postmodern state, an entity that may be sovereign in name but is a US-EU protectorate in practice.
The European Union plans to send some 2,000 officials to Kosovo to take over from the United Nations, which has governed the province since 1999. It wants to appoint an International Civilian Representative who – according to the plan drawn up last year by Martti Ahtisaari, the UN envoy – will be the “final authority” in Kosovo with the power to “correct or annul decisions by the Kosovo public authorities”. Kosovo would have had more real independence under the terms Belgrade offered it than it will now.
Those who support the sort of “polyvalent sovereignty” and “postnational statehood” that we already have in the EU welcome such arrangements as a respite from the harsh decisionism of post-Westphalian statehood. But such fictions are in fact always underpinned by the timeless realities of brute power. There are 16,000 Nato troops in Kosovo and they have no intention of coming home: indeed, they are even now being reinforced with 1,000 extra troops from Britain. They, not the Kosovo army, are responsible for the province’s internal and external security.
Kosovo is also home to the vast US military base Camp Bondsteel, near Urosevac – a mini-Guantánamo that is only one in an archipelago of new US bases in eastern Europe, the Balkans and central Asia. This is why the Serbian prime minister, Vojislav Kostunica, speaking on Sunday, specifically attacked Washington for the Kosovo proclamation, saying that it showed that the US was “ready to unscrupulously and violently jeopardise international order for the sake of its own military interests”.
In order to symbolise its status as the newest Euro-Atlantic colony, Kosovo has chosen a flag modelled on that of Bosnia-Herzegovina – the same EU gold, the same arrangement of stars on a blue background. For Bosnia, too, is governed by a foreign high representative, who has the power to sack elected politicians and annul laws, all in the name of preparing the country for EU integration.
As in Bosnia, billions have been poured into Kosovo to pay for the international administration but not to improve the lives of ordinary people. Kosovo is a sump of poverty and corruption, both of which have exploded since 1999, and its inhabitants have eked out their lives for nine years now in a mafia state where there are no jobs and not even a proper electricity supply: every few hours there are power cuts, and the streets of Kosovo’s towns explode in a whirring din as every shop and home switches on its generator.
This tragic situation is made possible only because there is a fatal disconnect in all interventionism between power and responsibility. The international community has micro-managed every aspect of the break-up of Yugoslavia since the EU brokered the Brioni agreement within days of the war in Slovenia in July 1991. Yet it has always blamed the locals for the results. Today, the new official government of Kosovo will be controlled by its international patrons, but they will similarly never accept accountability for its failings. They prefer instead to govern behind the scenes, in the dangerous – and no doubt deliberate – gap between appearance and reality.http://www.lewrockwell.com/orig6/laughland6.html |
Notice of Republication {#sec001}
=======================
This article was republished on November 23, 2015, to correct the Supporting Information files, which were labeled incorrectly. In addition, Fig 4 was replaced with a corrected version. The publisher apologizes for the errors. Please download this article and its Supporting Information files again to view the correct versions.
Supporting Information {#sec002}
======================
###### Originally published, uncorrected article.
(PDF)
######
Click here for additional data file.
###### Republished, corrected article.
(PDF)
######
Click here for additional data file.
|
Tuesday, September 27, 2005
What Happened to "Out of the Goodness of Your Heart"?
Let's just get it over with and turn the government over to the churches. From WaPo....
After weeks of prodding by Republican lawmakers and the American Red Cross, the Federal Emergency Management Agency said yesterday that it will use taxpayer money to reimburse churches and other religious organizations that have opened their doors to provide shelter, food and supplies to survivors of hurricanes Katrina and Rita.
FEMA officials said it would mark the first time that the government has made large-scale payments to religious groups for helping to cope with a domestic natural disaster.SNIPCivil liberties groups called the decision a violation of the traditional boundary between church and state, accusing FEMA of trying to restore its battered reputation by playing to religious conservatives. |
/**
* Licensed to the Apache Software Foundation (ASF) under one
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package org.apache.hadoop.yarn.server.resourcemanager.webapp.dao;
import org.apache.hadoop.yarn.api.records.ExecutionTypeRequest;
import org.apache.hadoop.yarn.api.records.Priority;
import org.apache.hadoop.yarn.api.records.ResourceRequest;
import org.apache.hadoop.yarn.api.records.SchedulingRequest;
import javax.xml.bind.annotation.XmlAccessType;
import javax.xml.bind.annotation.XmlAccessorType;
import javax.xml.bind.annotation.XmlElement;
import javax.xml.bind.annotation.XmlRootElement;
import java.util.Set;
/**
* Simple class representing a resource request.
*/
@XmlRootElement(name = "resourceRequests")
@XmlAccessorType(XmlAccessType.FIELD)
public class ResourceRequestInfo {
@XmlElement(name = "priority")
private int priority;
@XmlElement(name = "allocationRequestId")
private long allocationRequestId;
@XmlElement(name = "resourceName")
private String resourceName;
@XmlElement(name = "capability")
private ResourceInfo capability;
@XmlElement(name = "numContainers")
private int numContainers;
@XmlElement(name = "relaxLocality")
private boolean relaxLocality;
@XmlElement(name = "nodeLabelExpression")
private String nodeLabelExpression;
@XmlElement(name = "executionTypeRequest")
private ExecutionTypeRequestInfo executionTypeRequest;
@XmlElement(name = "placementConstraint")
private String placementConstraint;
@XmlElement(name = "allocationTags")
private Set<String> allocationTags;
public ResourceRequestInfo() {
}
public ResourceRequestInfo(ResourceRequest request) {
priority = request.getPriority().getPriority();
allocationRequestId = request.getAllocationRequestId();
resourceName = request.getResourceName();
capability = new ResourceInfo(request.getCapability());
numContainers = request.getNumContainers();
relaxLocality = request.getRelaxLocality();
nodeLabelExpression = request.getNodeLabelExpression();
if (request.getExecutionTypeRequest() != null) {
executionTypeRequest =
new ExecutionTypeRequestInfo(request.getExecutionTypeRequest());
}
}
public ResourceRequestInfo(SchedulingRequest request) {
priority = request.getPriority().getPriority();
allocationRequestId = request.getAllocationRequestId();
capability = new ResourceInfo(request.getResourceSizing().getResources());
numContainers = request.getResourceSizing().getNumAllocations();
if (request.getExecutionType() != null) {
executionTypeRequest =
new ExecutionTypeRequestInfo(request.getExecutionType());
}
allocationTags = request.getAllocationTags();
if (request.getPlacementConstraint() != null) {
placementConstraint = request.getPlacementConstraint().toString();
}
}
public Priority getPriority() {
return Priority.newInstance(priority);
}
public void setPriority(Priority priority) {
this.priority = priority.getPriority();
}
public String getResourceName() {
return resourceName;
}
public void setResourceName(String resourceName) {
this.resourceName = resourceName;
}
public ResourceInfo getCapability() {
return capability;
}
public void setCapability(ResourceInfo capability) {
this.capability = capability;
}
public int getNumContainers() {
return numContainers;
}
public void setNumContainers(int numContainers) {
this.numContainers = numContainers;
}
public boolean getRelaxLocality() {
return relaxLocality;
}
public void setRelaxLocality(boolean relaxLocality) {
this.relaxLocality = relaxLocality;
}
public String getNodeLabelExpression() {
return nodeLabelExpression;
}
public void setNodeLabelExpression(String nodeLabelExpression) {
this.nodeLabelExpression = nodeLabelExpression;
}
public void setExecutionTypeRequest(
ExecutionTypeRequest executionTypeRequest) {
this.executionTypeRequest =
new ExecutionTypeRequestInfo(executionTypeRequest);
}
public ExecutionTypeRequestInfo getExecutionTypeRequest() {
return executionTypeRequest;
}
public String getPlacementConstraint() {
return placementConstraint;
}
public void setPlacementConstraint(String placementConstraint) {
this.placementConstraint = placementConstraint;
}
public Set<String> getAllocationTags() {
return allocationTags;
}
public void setAllocationTags(Set<String> allocationTags) {
this.allocationTags = allocationTags;
}
public long getAllocationRequestId() {
return allocationRequestId;
}
public void setAllocationRequestId(long allocationRequestId) {
this.allocationRequestId = allocationRequestId;
}
}
|
Introduction
============
Chronic back pain causes physical, emotional and socioeconomic changes[@B1] ^-^ [@B3] and, consequently, high use of medicines and health resources[@B4]. The search for demedicalization leads to an increasing use of integrative and complementary practices, such as Traditional Chinese Medicine (TCM) resources, to complement pain-related allopathic care[@B5]. Cupping therapy is one of the recommended TCM therapies for chronic pain reduction[@B6]. It involves the application of cups of different materials[@B7] in an acupoint or area of pain by means of heat or vacuum apparatus[@B8].
The effect on pain reduction has not yet been fully elucidated[@B9], but different mechanisms of action, based on several assumptions[@B10], are attributed to cupping therapy, such as the metabolic, neuronal hypotheses[@B9] ^,^ [@B11] and TCM[@B12]. Evidence of the efficacy of this intervention is limited because of the lack of high quality, well-delineated randomized controlled trials (RCTs)[@B6] that result in validated and efficient protocols for the treatment of chronic back pain. Therefore, this study aims to evaluate the literature evidence regarding the effects of cupping therapy on chronic back pain in adults compared to sham, active treatment, waiting list, standard medical treatment or no treatment, outcomes most commonly used to assess this condition, the protocol used to apply the intervention and subsequently investigate the effectiveness of cupping therapy on the intensity of chronic back pain.
Method
======
A systematic review of the literature was performed, followed by meta-analysis, used to determine the intensity of back pain in adult clients. The study was based on the criteria of the Preferred Reporting Items for Systematic Reviews and Meta-Analyzes (PRISMA Statement)[@B13].
The PICO (P - population; I - intervention; C - comparison; O - outcomes)[@B14] guided the elaboration of the guiding question: "What are the effects of cupping therapy on adults with chronic back pain?"
The search strategy, carried out by two independent reviewers from June 2017 to May 2018 was based on the following databases: Medical Literature Analysis and Retrieval System Online (MEDLINE) via the US National Library of Medicine National Institutes of Health (PUBMED), Web of Science, The Cumulative Index to Nursing and Allied Health Literature (CINAHL), Physiotherapy Evidence Database (PEDro), Embase, Scopus, as well as databases indexed in the Virtual Health Library (VHL), such as Latin American & Caribbean Health Sciences Literature (LILACS) and the National Information Center of Medical Sciences of Cuba (CUMED). Reference lists of systematic reviews were also explored in the search for relevant studies related to the guiding question.
The terms, controlled and free, were combined by means of the Boolean operators OR and AND as follows: ("Back Pain" OR "Low Back Pain" OR "Sciatica" OR "Chronic Pain" OR "Musculoskeletal Pain" OR Myalgia OR "Neck Pain" OR "Low Back Pains" OR "Musculoskeletal Pains" OR "Muscle Pain" OR "Neck Pains" OR "Cervical Pain" OR "Cervical Pains" OR Lumbago OR "lumbar pain") AND ("cupping therapy" OR cupping OR cups).
The eligibility criteria for the selection of articles were: RCT with adults (18 years or older); chronic pain (for three months or more)[@B15] in at least one of the segments of the spine (cervical, thoracic and/or lumbar); use of cupping therapy (dry, wet, massage, flash)[@B7] compared to one or more of the following groups: sham, active treatment, waiting list, standard medical treatment, or no treatment. We excluded studies that did not present online abstract in full for analysis, those that were not located by any means and studies with pregnant women.
In order to collect the information from the selected studies, we used an adapted form[@B16] in accordance with the recommendations of the Revised Standards for Reporting Interventions in Clinical Trials of Acupuncture (STRICTA)[@B17] and the classifications of cupping therapy[@B7] ^,^ [@B18].
The following data were extracted: article identification (title, author (s)/training area, journal, year of publication, study country/language); objectives; methodological characteristics (design, sample size and loss of follow-up; inclusion and exclusion criteria); clinical data (number of patients by sex, mean age, diagnosis, duration of symptoms); description of interventions in the follow-up groups (number of sessions, duration of treatment, type of technique applied (dry, wet, flash or massage cupping), application device, time of stay of the device, suction method (manual, fire, automatic-electric)/suction strength (light, medium, strong or pulsating)[@B18]; peculiarities of the intervention; application points; training area of the professional who carried out the intervention; years of experience in the area); outcomes and methods of evaluation (number of evaluations, intervals between them, measurement tools); data analysis; main results; and study findings.
The methodological quality of eligible studies was assessed using the Jadad scale[@B19], which is centered on internal validity. The questions have a yes/no answer option with a total score of five points: three times one point for the yes responses and two additional points for appropriate randomization and concealment of allocation methods. Two independent reviewers conducted the evaluation, and a third investigator was consulted to solve possible disagreements.
Data analyzes were performed using Stata SE/12.0 statistical software. The absolute difference between means with 95% confidence intervals was selected to describe the mean differences between the treated and control groups in the evaluation performed shortly after treatment. P-value \<0.05 was considered as statistically significant. Potential heterogeneity among the studies was examined using Cochran Q[@B20] and I^2(^ [@B21] statistics. Since there was statistical significance in the test for heterogeneity of the results (p \<0.05) and the calculated value of I^2^ suggested a moderate to high heterogeneity (67.7%)[@B21], the random effects model was adopted for the analysis.
Results
=======
A total of 614 studies were found in electronic and manual searches. Of these, 296 were removed from the list because they were duplicates. After reviewing titles and abstracts, 265 studies were excluded and 53 remained for analysis of the full text. Of these, 11 studies were not found (online, via bibliographic switching or direct contact with authors) and 26 articles were excluded. Finally, 16 articles remained in the review for the synthesis of the qualitative analysis and 10 articles entered the quantitative analysis ([Figure 1](#f1){ref-type="fig"}).
Figure 1Flowchart of literature search and selection process. Belo Horizonte, MG, Brazil, 2018\*n - Number of articles; †MEDLINE - Medical Literature Analysis and Retrieval System Online; ‡PUDMED - US National Library of Medicine National Institutes of Health; §PEDRO - Physiotherapy Evidence Database; \|\|CINAHL - The Cumulative Index to Nursing and Allied Health Literature; ¶LILACS - Latin American and Caribbean Health Sciences Literature; \*\*VHL - Virtual Health Library; ††CUMED - National Information Center of Medical Sciences of Cuba; ‡‡RCT - Randomized Clinical Trial
All articles selected were published in English language and were conducted in Germany[@B9] ^,^ [@B22] ^-^ [@B27], Taiwan[@B28] ^-^ [@B30], Iran[@B31] ^-^ [@B33], South Korea[@B34] ^-^ [@B35] and in Saudi Arabia[@B36]. Participants were a total of 1049 people, aged between 18 and 79 years, of whom 519 were in the groups receiving the experimental therapy and 530 in the control groups (sham, waiting list, standard medical treatment/active treatment or no treatment). Of these, all had chronic pain conditions[@B15], being the cervical spine/neck the most affected area[@B9] ^,^ [@B23] ^-^ [@B27] ^,^ [@B29] ^,^ [@B34], followed by the lumbar region[@B22] ^,^ [@B28] ^,^ [@B30] ^-^ [@B33] ^,^ [@B35] ^-^ [@B36]. Two other studies[@B31] ^,^ [@B33], although they did not make clear the temporality of the pain, were selected because this information could be inferred with great accuracy.
The characterization of the studies regarding the objective, the interventions applied in the experimental and control groups, and the main findings are presented in [Figure 2](#f2){ref-type="fig"}.
Figure 2Characterization of the studies regarding the applied intervention, Belo Horizonte, MG, Brazil, 2018 (n=16)\*n - Number of participants; †B - Bladder; ‡VAS - Visual Analogue Scale.
Regarding the methodological quality of the RCTs, all reported the random sequence generation method and in only one study[@B9] this process was not appropriate. In another study[@B30] there is not enough information to infer this information. Only in four RCTs[@B22] ^,^ [@B24] ^,^ [@B28] ^-^ [@B29] ^)^ there was a description of masking and in only two[@B22] ^,^ [@B28] this was considered appropriate. Loss of follow-up was not described in only one RCT[@B29].
Therefore, 6.25% (n = 1) of the studies[@B9] scored one on the Jadad score; 12.5% (n = 2)[@B29] ^-^ [@B30] scored two; 62.5% (n=10)[@B23] ^,^ [@B25] ^-^ [@B27] ^,^ [@B31] ^-^ [@B36] scored three; 12.5% (n=2)[@B22] ^,^ [@B24] score four; and 6.25% (n=1)[@B28] scored five points.
The studied outcomes, the measurement tools, the number of evaluations and the interval between them are described in [Figure 3](#f3){ref-type="fig"}.
Figure 3Evaluated outcomes, measurement tools, number of evaluations and interval between them. Belo Horizonte, MG, Brazil, 2018. (n=16)\*VAS - Visual Analogue Scale; †SF-36 - Short Form 36 Health Survey Questionnaire; ‡NDI - Neck Disability Index; §PPI- McGill Present Pain Intensity questionnaire; \|\|ODQ - Oswestry Disability Questionnaire
The most evaluated outcomes were pain intensity (100%; n=16)[@B9] ^,^ [@B22] ^-^ [@B36], followed by Physical disability (62.5%; n=10)[@B9] ^,^ [@B23] ^-^ [@B27] ^,^ [@B33] ^-^ [@B36], quality of life (37.5%; n=6)[@B22] ^-^ [@B27] and nociceptive threshold before the mechanical stimulus, by means of an algometer (37.5%; n=6)[@B9] ^,^ [@B23] ^-^ [@B27].
The number of evaluations ranged from two (baseline and after treatment) to 18. Three studies performed evaluations between sessions[@B9] ^,^ [@B28] ^-^ [@B29]; and 13 studies performed follow-up evaluations after the end of the treatment, ranging from two days to three months [@B9] ^,^ [@B22] ^-^ [@B23] ^,^ [@B25] ^-^ [@B27] ^,^ [@B30] ^-^ [@B36] ([Figure 3](#f3){ref-type="fig"}).
The characteristics of the intervention protocol were based on the recommendations of the Revised Standards for Reporting Interventions in Clinical Trials of Acupuncture (STRICTA)[@B17] and in the classifications of cupping therapy[@B7] ^,^ [@B18], which are described in [Figure 4](#f4){ref-type="fig"}.
Figure 4Intervention protocol. Belo Horizonte, MG, Brazil, 2018 (n=16)\*cm - Centimeter; †B - Bladder; ‡ml - Milliliter; §SB - Small bladder; \|\|GB - Gallbladder; ¶LB - Large bladder; \*\*cc - Cubic centimeter; ††mm - Millimeter; ‡‡GV - Governing Vessel
The intervention was predominantly applied by physicians (31.25%; n=5)[@B22] ^,^ [@B25] ^-^ [@B28] ^,^ [@B34]; followed by nurses (18.75%; n=3)[@B22] ^,^ [@B29] ^,^ [@B32] and pharmacists (6.25%; n=1)[@B32]. And 25% of the studies (n=4)[@B9] ^,^ [@B23] ^,^ [@B35] ^-^ [@B36] reported that the intervention was performed by a therapist, without specifying the training area.
Only 18,75% of the studies (n = 3) presented the time of experience of the professional who performed the intervention, from three[@B35] ^-^ [@B36] to four years[@B34]; 37.5% of the studies (n=6)[@B9] ^,^ [@B22] ^-^ [@B25] ^,^ [@B27] informed only that the intervention had been performed by experienced or trained professionals, but did not mention the time of training.
Of the 16 articles selected for the systematic review, 10 entered for meta-analysis that investigated the effectiveness of cupping therapy on pain intensity. All of them approached the outcome in two comparison groups (experimental and control), in evaluations performed before and immediately after the treatment. Five studies[@B9] ^,^ [@B22] ^,^ [@B29] ^,^ [@B35] ^-^ [@B36] did not enter because they did not have enough data for this analysis and one study[@B33] performed the evaluation only three months after the end of treatment.
The results of the meta-analysis showed that cupping therapy was more effective in reducing pain compared to the control group (absolute difference between means: -1.59, \[95% Confidence Interval: -2.07 to -1.10\]; p = 0.001), with moderate to high heterogeneity (I^2^ = 67.7%, p = 0.001) ([Figure 5](#f5){ref-type="fig"}).
Figure 5Forest plot of the pain intensity score. Belo Horizonte, MG, Brazil, 2018\*CI - Confidence interval; †% - Percentage; ‡I^2^ - Measurement of heterogeneity
Discussion
==========
Cupping therapy has shown positive results on chronic back pain in adults, not only in behavioral variables of pain, but also in physiological parameters in the majority of RCTs evaluated in this study, which contributes to the consolidation of its use in the treatment of this clinical condition in the study population.
Regarding methodological quality, most studies[@B23] ^,^ [@B25] ^-^ [@B27] ^,^ [@B31] ^-^ [@B36] ^)^ obtained a median score (three) according to the Jadad scale[@B19]. This score can be justified by the lack of masking of RCTs.
It is not feasible to conceal evaluation and intervention methods in cupping therapy[@B22], since the marks left by the suction cups are often visible and may persist for several days, making it difficult to perform a masking process[@B27]. Only one study[@B28] achieved masking properly; however, it was true only for volunteers who received laser therapy, an intervention used concomitantly with cupping therapy, where sham laser acupuncture was performed by applying the same procedure in one of the groups, but without energy. In a second study[@B24], there is a description that the masking was applied to the evaluator of the results; however, the application of suction cups causes marks (ecchymoses, petechiae) and one of the evaluated outcomes was the pain threshold, using the algometer; for this evaluation, as the area must be naked, the marks on the skin make this kind of masking impossible. Finally, in another study[@B22], the majority of participants in the minimal cupping group (84%) was able to identify the allocation after four weeks, whereas in the cupping group 55% identified the allocation.
Regarding the evaluated outcomes, pain intensity predominated, which was measured mostly by means of the Visual Analogue Scale (VAS)[@B22] ^-^ [@B25] ^,^ [@B27] ^-^ [@B30] ^,^ [@B32] and the Numerical Scale[@B26] ^,^ [@B34] ^-^ [@B36], followed by the Neck Pain and Disability Scale[@B9], by the short version of the McGill Pain Questionnaire[@B31], and by the Present Pain Intensity Scale[@B33].
Although there are variations, the VAS usually consists of scores of 0-10 or 0-100, the extreme left being described as no pain and the extreme right as the worst possible pain; the numerical scale has a numerical rating of 0-10, 0-20 or 0-100. These scales can be classified as: painless (0), mild (1-3), moderate (4-6), and severe (7-10), and are frequently used in patients with chronic musculoskeletal pain[@B37]. In addition, some researchers[@B38] ^-^ [@B40] have pointed to these two scales as the gold standard for assessing pain intensity, these being the instruments most used when evaluating adults, both in clinics and research.
Physical disability was the second most approached outcome, measured by means of the Neck Disability Index (NDI)[@B23] ^-^ [@B27] ^,^ [@B34], of the Oswestry Disability Questionnaire (ODQ)[@B33] ^,^ [@B35] ^-^ [@B36] and the Neck Pain and Disability Scale[@B9]. In fact, the severity and chronicity of back pain are associated with severe functional limitations[@B37] that imply limitations in activities of daily living[@B41].
In addition, patients with chronic diseases, who require continuous treatment over a long period, present important changes in quality of life[@B42], being another important outcome to be evaluated, as occurred in six studies, through the Short Form 36 Health Survey Questionnaire (SF-36)[@B22] ^-^ [@B27].
Finally, the physiological parameter most evaluated in the studies was the nociceptive threshold before the mechanical stimulus, by means of a pressure algometer[@B9] ^,^ [@B23] ^-^ [@B27]. It is known that individuals who have pain in the spine have higher nociceptive sensitivity compared to healthy people[@B43]. However, this is still considered a subjective variable, since it is the patient who determines his/her pain threshold. In fact, when the evaluation process is more related to the symptoms, such as subjective phenomena, especially pain, than to physical or laboratory results, self-assessment is considered the most reliable indicator of the existence of pain[@B44]. Thus, the necessary information to carry out its evaluation has its origin in the individual's report[@B45], who is the primary source of the assessment.
The systematized analysis of cupping therapy application methods showed that there is no standardization in the treatment protocol for chronic back pain. However, recent efforts have been made to standardize the cupping therapy procedure in general[@B46] and specifically for chronic back pain, since the most appropriate type of technique, duration of treatment, number of sessions, devices, time of application, method and suction strength and application points have not been determined.
It can be observed, however, that the most applied technique was dry cupping, specifically for the lumbar[@B22] ^,^ [@B28] ^,^ [@B30] ^-^ [@B32] and cervical regions[@B9] ^,^ [@B27] ^,^ [@B29] ^,^ [@B34]. This modality allows the stimulation of the acupoints in the same way as the acupuncture needles[@B47]. Researchers[@B18] suggest that laceration of the skin and capillaries, promoted by wet cupping, may act as another nociceptive stimulus that activates the descending inhibitory pathways of pain control[@B18], thus helping to treat chronic musculoskeletal conditions[@B35]. However, risk for infection, vasovagal attacks and scars are the disadvantages of this method[@B18]. Still, compared to cupping massage, authors[@B47] emphasize that dry cupping has a greater analgesic effect, since the use of lubricants can reduce the friction between the edge of the cup and the skin, a fact corroborated by some authors[@B24] who used arnica oil for the realization of cupping massage.
Despite the variability in the application of the intervention, it was possible to identify that, on average, the cupping therapy was applied in 5 sessions, with permanence of the cups in the skin for around 8 minutes, and interval of three to four days between the applications. According to some researchers[@B27], at least five sessions are required for any significant effects of cupping treatment to appear, in addition to ensuring the feasibility of the RCT. Moreover, authors[@B47] recommend that the cups should be left on the skin for 5 to 10 minutes or more, which culminates in the appearance of residual marks after treatment as a result of the rupture of small blood vessels that are painless and disappear between 1 and 10 days[@B12]. Therefore, an interval between sessions is necessary in order to allow the reestablishment of the cutaneous and subcutaneous tissues.
Regarding the application cups, the disposable ones are preferable a high-level sterilization or disinfection process is required prior to reuse, since the pressure exerted may cause extravasation of blood and fluids from the skin[@B46]. Nowadays, cupping therapy has increasingly been performed with plastic cups[@B47]. The size of the cups varies according to the place of application, but it is often applied in places with abundant muscles, such as the back[@B48].
Regarding the suction method to create negative pressure, the use of fire predominated[@B9] ^,^ [@B25] ^,^ [@B27] ^,^ [@B29] ^,^ [@B32], followed by manual pumping[@B23] ^,^ [@B34] ^-^ [@B36] and automatic pumping[@B22] ^,^ [@B26] ^,^ [@B33]. Suction with fire is the traditional method used in China, however, there is a risk of burns[@B18]. Manual vacuum is created when using a suction pump. This method allows microcirculation to increase more effectively if compared to fire[@B18]. Finally, automatic pumping is created using an electric suction pump, which allows to adjust and measure the negative pressure inside the cup, being the most suitable method for scientific research[@B18].
Only three studies[@B22] ^,^ [@B26] ^,^ [@B28] reported the suction strength used, which should be standardized in the application protocols. The suction can be light (100 and 300 millibar/one or two manual pumpings), medium (300 and 500 milibar/three or four manual pumpings), strong (above 500 milibar/five or more manual pumpings) or pulsatile (pressure inside the cups is variable, between 100 and 200 milibar every 2 seconds)[@B47] ^,^ [@B49]. The medium suction is often indicated for painful conditions of the musculoskeletal system[@B18].
There was also no standardization in relation to the application points of cupping therapy. Despite this, the application in specific acupoints in the cervical region, mainly on the bladder, gallbladder and small intestine meridians, prevailed[@B29] ^,^ [@B34], and in the lumbar region on the bladder meridian[@B30] ^-^ [@B32] ^,^ [@B35] ^-^ [@B36], followed by sensitive points[@B9] ^,^ [@B25] ^-^ [@B27] ^,^ [@B30] named *Ashi* by TCM or trigger points by Western medicine.
Meridians are passages for the flow of "*qi*" (vital energy) and "*xue*" (blood), the two basic body fluids of TCM, which spread throughout the body surface, uniting the interior with the exterior of the body and connecting the internal organs, the joints and the extremities, transforming the whole body into a single organ[@B50]. Part of the meridians of the bladder, small intestine and gallbladder pass through the dorsal region. The acupuncture points are located in the meridians; besides local action, they also play a systemic action and reestablish the energy balance of the body by adjusting the function of the organs, maintaining homeostasis and treating the disease[@B51], so the advantage in using them.
The trigger points or *Ashi* are specific points of high irritability; they are sensitive to digital pressure and can trigger local and referred pain[@B52]. They may be deriving from dynamic overload, such as trauma or overuse, or static overload, such as postural overloads occurring during daily activities and occupational activities[@B53], besides emotional tension. Addressing these points can also be a way to relieve local pain[@B54].
After the application of cupping therapy, both the acupoints of the meridians of the affected regions and the trigger points or *Ashi* may present bruising, erythema and/or ecchymoses. According to TCM, these signs represent stagnation of "*qi*" and/or "*xue*" and may help the therapist in identifying body disorders.
Finally, the meta-analysis revealed a significant reduction of the pain intensity score in adults with chronic back pain by using cupping therapy (p = 0.001). Compared with a control group (usual care/other intervention/waiting list), this modality has advantages in relieving pain, as can be seen in [Figure 5](#f5){ref-type="fig"}.
Only two studies[@B24] ^,^ [@B30] did not present a statistically significant difference between the groups on the benefit or harm of this intervention ([Figure 5](#f5){ref-type="fig"}). In fact, the first study[@B24] pointed out that cupping therapy has the same effect as other intervention (progressive muscle relaxation) in reducing chronic nonspecific neck pain; despite this, cupping therapy was better than relaxation in improving well-being and decreasing sensitivity to pressure pain. The authors[@B24] justify this result, among other limitations, due to the fact that cupping therapy was performed by patients' relatives or friends at home. The second study[@B30], despite having found a positive result on the intensity of pain, did not obtain a result in the meta-analysis. It is believed that this may have been due to the fact that both groups received the intervention of soft cupping and both obtained positive results.
In the other studies[@B23] ^,^ [@B25] ^-^ [@B28] ^,^ [@B31] ^-^ [@B32] ^,^ [@B34], the intervention reduced the probability of the outcome, being the study with the largest sample[@B31] the one the most contributed (15.68% weight in the meta-analysis) for this ([Figure 5](#f5){ref-type="fig"}). In fact, all these studies reported promising results of intervention on pain intensity.
However, the results of the effectiveness of cupping therapy still need to be confirmed by subgroup analyzes, based on different types of application techniques and control groups. In addition, it is important to perform meta-regression to find the source of heterogeneity of RCTs.
In a general way, the results showed a substantial variation in the application of cupping therapy, especially in relation to the type of technique, as well as differences in the control group, which made subgroup or meta-regression unfeasible, respectively, due to the small number of studies with each of these specifications.
Conclusion
==========
Cupping therapy is a promising method for the treatment and control of chronic back pain in adults, since it significantly decreases pain intensity scores when compared to control groups. However, the high heterogeneity and the median methodological quality of RCTs has limited the findings.
Despite this, a protocol can be established for this clinical condition: application of dry cupping technique in 5 sessions, with permanence of the disposable or plastic cups on the skin for about 8 minutes, preferably automatic or manual pumping, with medium suction strength, and three to seven days interval between applications. It is better to opt for acupoints of the dorsal region, especially those from the bladder meridian in the lumbar region, and for the meridians of the bladder, gallbladder and small intestine in the cervical and thoracic regions, as well as *Ashi* or trigger points. This protocol needs to be validated in future studies. And the main outcomes evaluated for this clinical condition were pain intensity, physical disability, quality of life and nociceptive threshold before the mechanical stimulus (pressure).
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PCI Pass-Through on XenServer 7.0
Plenty of people have asked me over the years how to pass-through generic PCI devices to virtual machines running on XenServer. Whilst it isn't officially supported by Citrix, it's none the less perfectly possible to do; just note that your mileage may vary, because clearly it's not rigorously tested with all the possible different types of device people might want to pass-through (from TV cards, to storage controllers, to USB hubs...!).
The process on XenServer 7.0 differs somewhat from previous releases, in that the Dom0 control domain is now CentOS 7.0-based, and UEFI boot (in addition to BIOS boot) is supported. Hence, I thought it would be worth writing up the latest instructions, for those who are feeling adventurous.
Of course, XenServer officially supports pass-through of GPUs to both Windows and Linux VMs, hence this territory isn't as uncharted as might first appear: pass-through in itself is fine. The wrinkles will be to do with a particular given piece of hardware.
A Short Introduction to PCI Pass-Through
Firstly, a little primer on what we're trying to do.
Your host will have a PCI bus, with multiple devices hosted on it, each with its own unique ID on the bus (more on that later; just remember this as "B:D.f"). In addition, each device has a globally unique vendor ID and device ID, which allows the operating system to look up what its human-readable name is in the PCI IDs database text file on the system. For example, vendor ID 10de corresponds to the NVIDIA Corporation, and device ID 11b4 corresponds to the Quadro K4200. Each device can then (optionally) have multiple sub-vendor and sub-device IDs, e.g. if an OEM has its own branded version of a supplier's component.
Normally, XenServer's control domain, Dom0, is given all PCI devices by the Xen hypervisor. Drivers in the Linux kernel running in Dom0 each bind to particular PCI device IDs, and thus make the hardware actually do something. XenServer then provides synthetic devices (emulated or para-virtualised) such as SCSI controllers and network cards to the virtual machines, passing the I/O through Dom0 and then out to the real hardware devices.
This is great, because it means the VMs never see the real hardware, and thus we can live migrate VMs around, or start them up on different physical machines, and the virtualised operating systems will be none the wiser.
If, however, we want to give a VM direct access to a piece of hardware, we need to do something different. The main reason one might want to is because the hardware in question isn't easy to virtualise, i.e. the hypervisor can't provide a synthetic device to a VM, and somehow then "share out" the real hardware between those synthetic devices. This is the case for everything from an SSL offload card to a GPU.
Aside: Virtual Functions
There are three ways of sharing out a PCI device between VMs. The first is what XenServer does for network cards and storage controllers, where a synthetic device is given to the VM, but then the I/O streams can effectively be mixed together on the real device (e.g. it doesn't matter that traffic from multiple VMs is streamed out of the same physical network card: that's what will end up happening at a physical switch anyway). That's fine if it's I/O you're dealing with.
The second is to use software to share out the device. Effectively you have some kind of "manager" of the hardware device that is responsible for sharing it between multiple virtual machines, as is done with NVIDIA GRID GPU virtualisation, where each VM still ends up with a real slice of GPU hardware, but controlled by a process in Dom0.
The third is to virtualise at the hardware device level, and have a PCI device expose multiple virtual functions (VFs). Each VF provides some subset of the functionality of the device, isolated from other VFs at the hardware level. Several VMs can then each be given their own VF (using exactly the same mechanism as passing through an entire PCI device). A couple of examples are certain Intel network cards, and AMD's MxGPU technology.
OK, So How Do I Pass-Through a Device?
Step 1
Firstly, we have to stop any driver in Dom0 claiming the device. In order to do that, we'll need to ascertain what the ID of the device we're interested in passing through is. We'll use B:D.f (Bus, Device, function) numbering to specify it.
(What this does is edit /boot/grub/grub.cfg for you, or if you're booting using UEFI, /boot/efi/EFI/xenserver/grub.cfg instead!)
Step 2
Reboot! At the moment, a driver in Dom0 probably still has hold of your device, hence you need to reboot the host to get it relinquished.
Step 3
The easy bit: tell the toolstack to assign the PCI device to the VM. Run:
xe vm-list
And note the UUID of the VM you're interested in, then:
xe vm-param-set other-config:pci=0/0000:<B:D.f> uuid=<vm uuid>
Where, of course, <B.D.f> is the ID of the device you found in step 1 (like 04:00.0), and <vm uuid> corresponds to the VM you care about.
Step 4
Start your VM. At this point if you run lspci (or equivalent) within the VM, you should now see the device. However, that doesn't mean it will spring into life, because...
Step 5
Install a device driver for the piece of hardware you passed-through. The operating system within the VM may already ship with a suitable device driver, but it not, you'll need to go and get the appropriate one from the device manufacturer. This will normally be the standard Linux/Windows/other one that you would use for a physical system; the only difference occurs when you're using a virtual function, where the VF driver is likely to be a special one.
Health Warnings
As indicated above, pass-through has advantages and disadvantages. You'll get direct access to the hardware (and hence, for some functions, higher performance), but you'll forgo luxuries such as the ability to live migrate the virtual machine around (there's state now sitting on real hardware, versus virtual devices), and the ability to use high availability for that VM (because HA doesn't take into account how many free PCI devices of the right sort you have in your resource pool).
In addition, not all PCI devices take well to being passed through, and not all servers like doing so (e.g. if you're extending the PCI bus in a blade system to an expansion module, this can sometimes cause problems). Your mileage may therefore vary.
If you do get stuck, head over to the XenServer discussion forums and people will try to help out, but just note that Citrix doesn't officially support generic PCI pass-through, hence you're in the hands of the (very knowledgeable) community.
Conclusion
Hopefully this has helped clear up how pass-through is done on XenServer 7.0; do comment and let us know how you're using pass-through in your environment, so that we can learn what people want to do, and think about what to officially support on XenServer in the future!
About the author
I head up the Product Management and Partner Engineering teams for XenServer at Citrix, spending lots of time talking to customers and engineering teams at OEMs, IHVs ,and ISVs, as well as being responsible for XenServer's OpenStack engineering team. I work in the Cambridge, UK office, having previously spent some time in academia at the University of Cambridge Computer Laboratory. I'm interested in cloud computing, wireless networks, intelligent transport, network virtualisation, Christianity, Spanish, French, Dutch, Finnish, swimming, cycling, and orienteering. Oh, and my wife and I spend lots of time looking after our two small children! I can be found on Twitter as @DavidCottingham .
Author's recent posts
Comments
16
I have done this lots of times. I use a Z800 server that has onboard Firewire. I ported it into a vm for hooking up a camera so my kids could do stop motion animation from a XenApp session. I also have ported the USB into a vm for a keyfob for licensing. Wish it was more publicly known all the cool stuff like this you can do.
0
I have done this lots of times. I use a Z800 server that has onboard Firewire. I ported it into a vm for hooking up a camera so my kids could do stop motion animation from a XenApp session. I also have ported the USB into a vm for a keyfob for licensing. Wish it was more publicly known all the cool stuff like this you can do.
I need to passthrough a quadro 5000 gpu to one of my vms.
Typing lspci in the Xenserver console gives me back two device ID, one for the actual gpu and one for the audio device built in.
Do i need to use this procedure for each device ID?
0
I need to passthrough a quadro 5000 gpu to one of my vms.
Typing lspci in the Xenserver console gives me back two device ID, one for the actual gpu and one for the audio device built in.
Do i need to use this procedure for each device ID?
If you want both the audio and GPU devices given to your VM, then yes, you need to use the procedure once for each device.
However, if you're not looking to have the audio device passed through, then you _should_ be able to just pass-through the GPU device.
0
If you want both the audio and GPU devices given to your VM, then yes, you need to use the procedure once for each device.
However, if you're not looking to have the audio device passed through, then you _should_ be able to just pass-through the GPU device.
I think virtual functions for IO devices like Intel 10+Gbit cards should be supported by Citrix. I haven't measured how much performance gain it does, but it should definitely help offloading CPU. And it is quite simple to implement. The option should be enabled if every server in cluster have supported card with virtual functions and assign automatically available VFs to VMs
0
I think virtual functions for IO devices like Intel 10+Gbit cards should be supported by Citrix. I haven't measured how much performance gain it does, but it should definitely help offloading CPU. And it is quite simple to implement. The option should be enabled if every server in cluster have supported card with virtual functions and assign automatically available VFs to VMs
Understood: it would be a performance gain for at least some use cases, as you're getting raw access to the NIC. The downside is then that you no longer benefit from migration, ACLs on the OVS, and so on.
In terms of implementation, it's more about the testing: each hardware vendor will need to test/certify that pass-through of VFs works with various guest OSs. Certainly not impossible, just a large test matrix.
But yes, supporting pass-through of SR-IOV VFs is something I'm interested in doing. The more people who can tell me what they'd use it for, the more likely it is that it will go up the priority list ;-).
0
Understood: it would be a performance gain for at least some use cases, as you're getting raw access to the NIC. The downside is then that you no longer benefit from migration, ACLs on the OVS, and so on.
In terms of implementation, it's more about the testing: each hardware vendor will need to test/certify that pass-through of VFs works with various guest OSs. Certainly not impossible, just a large test matrix.
But yes, supporting pass-through of SR-IOV VFs is something I'm interested in doing. The more people who can tell me what they'd use it for, the more likely it is that it will go up the priority list ;-).
As I'm very much interested in AMD's MxGPU, I'd like to know, if pci pass-through is the standard/only way how MxGPU works. Is it planned to integrate the setup of GPU-Passthrough in Xencenter in the future like it works for NVIDIA Grid or Intel Iris Pro? (create new vm --> GPU-Tab --> select GPU)
If this is the standard way, how can AMD provide high availability with this solution? Also the live migration feature would be nice.
Thanks for dealing with my questions!
Best regards,
Stefan
0
Hi David,
great article and very interesting!!
As I'm very much interested in AMD's MxGPU, I'd like to know, if pci pass-through is the standard/only way how MxGPU works. Is it planned to integrate the setup of GPU-Passthrough in Xencenter in the future like it works for NVIDIA Grid or Intel Iris Pro? (create new vm --> GPU-Tab --> select GPU)
If this is the standard way, how can AMD provide high availability with this solution? Also the live migration feature would be nice.
Thanks for dealing with my questions!
Best regards,
Stefan
AMD MxGPU uses SR-IOV VFs, hence yes, it does use pass-through. I'm not aware of whether AMD offer HA capabilities or not with this, but remember that HA is there to automatically restart VMs that are dead (due to a host failure) hence provided that a host has an appropriate GPU card in place, theoretically there's no technical problem with HA just starting up a new copy of the dead VM.
The only thing that would need to be done is to get the HA planner algorithm to point out to the user if they have enough GPUs in hosts in the pool to tolerate failures. Today, XenServer's HA planner doesn't have that capability.
Live migration is more difficult, because there's state in the GPU hardware that somehow needs to be migrated.
In terms of future plans, I can't comment on roadmap, but as you'd expect, we're working with AMD on GPU technologies in XenServer (as we already support pass-through of whole AMD GPUs today).
Hope this helps!
Cheers,
David.
0
Hi Stefan,
Thanks!
AMD MxGPU uses SR-IOV VFs, hence yes, it does use pass-through. I'm not aware of whether AMD offer HA capabilities or not with this, but remember that HA is there to automatically restart VMs that are dead (due to a host failure) hence provided that a host has an appropriate GPU card in place, theoretically there's no technical problem with HA just starting up a new copy of the dead VM.
The only thing that would need to be done is to get the HA planner algorithm to point out to the user if they have enough GPUs in hosts in the pool to tolerate failures. Today, XenServer's HA planner doesn't have that capability.
Live migration is more difficult, because there's state in the GPU hardware that somehow needs to be migrated.
In terms of future plans, I can't comment on roadmap, but as you'd expect, we're working with AMD on GPU technologies in XenServer (as we already support pass-through of whole AMD GPUs today).
Hope this helps!
Cheers,
David.
thank you very much for your explanation! Now it is more clear for me.
I'm really looking forward how things develop in xenserver support of AMD MxGPU, because I personally think, that this technology mixed with interesting hardware costs (without continuous licencing fees) will push forward virtualization without suffering a GPU-lack. Intel Iris Pro is a bit weak in context of scalability, I think, and NVIDIA Grid is to expensive for small companies.
I hope, the integration will lead to a user-friendly way in Xencenter, which prevents faults and is solid for a production environment. Please provide updates of new developments in context of AMD GPU-Virtualization (you're the only one, I've found during my ongoing search of the internet, who gives that much insight what is possible at the moment!!!).
Best regards,
Stefan
0
Hi David,
thank you very much for your explanation! Now it is more clear for me.
I'm really looking forward how things develop in xenserver support of AMD MxGPU, because I personally think, that this technology mixed with interesting hardware costs (without continuous licencing fees) will push forward virtualization without suffering a GPU-lack. Intel Iris Pro is a bit weak in context of scalability, I think, and NVIDIA Grid is to expensive for small companies.
I hope, the integration will lead to a user-friendly way in [b]Xencenter,[/b] which prevents faults and is solid for a production environment. Please provide updates of new developments in context of AMD GPU-Virtualization (you're the only one, I've found during my ongoing search of the internet, who gives that much insight what is possible at the moment!!!).
Best regards,
Stefan
I´ve modified the grub.cfg file to hide certain PCI device, and restarted Xen several times, but when I use the lspci command from the console, I still see the device, so I understand that can´t be assigned directly to a VM, am I right?
What else can I do to make it work?
Thanks
0
I´ve modified the grub.cfg file to hide certain PCI device, and restarted Xen several times, but when I use the lspci command from the console, I still see the device, so I understand that can´t be assigned directly to a VM, am I right?
What else can I do to make it work?
Thanks
In Xenserver 7 , I've have done the steps to pass through a pcie device to a VM. I observe that if the VM is Linux Ubuntu the device driver loads fine. However, when I have Windows running in the VM- the device driver couldnt load. The device driver is built in the Linux/Windows OS.
I did not have any issue in Xenserver 6.2. PCI pass through to Windows VM and windows device driver worked fine. I cannot doubt my hardware.
Wondering if it is the DOM0 CentOS7 Combination.
I would like to move to Xenserver 7 and would appreciate any pointers or workarounds.
0
In Xenserver 7 , I've have done the steps to pass through a pcie device to a VM. I observe that if the VM is Linux Ubuntu the device driver loads fine. However, when I have Windows running in the VM- the device driver couldnt load. The device driver is built in the Linux/Windows OS.
I did not have any issue in Xenserver 6.2. PCI pass through to Windows VM and windows device driver worked fine. I cannot doubt my hardware.
Wondering if it is the DOM0 CentOS7 Combination.
I would like to move to Xenserver 7 and would appreciate any pointers or workarounds.
Hi, i I have tried the steps and at Step 5, my device drivers in VMfailed to load on the device.
The same device and driver worked fine on Xenserver 6.2 and 6.5 . But driver loading fails on Xen7.
I am seeing a problem only when the VM is Windows. In Xen 7 , I could pass through to a linux VM and load the in box driver fine., but Windows did not work
What could have changed in Xen 7 related to this.
Any insight would be appreciated. Thanks!
0
Hi, i I have tried the steps and at Step 5, my device drivers in VMfailed to load on the device.
The same device and driver worked fine on Xenserver 6.2 and 6.5 . But driver loading fails on Xen7.
I am seeing a problem only when the VM is Windows. In Xen 7 , I could pass through to a linux VM and load the in box driver fine., but Windows did not work
What could have changed in Xen 7 related to this.
Any insight would be appreciated. Thanks!
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"Our job is to accommodate all the faculties’ needs as much as possible so we needed to find a solution that could support a large number of applications as well as save storage space and staff resources. This is where Citrix stepped in."
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Commercial Support
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The elder of two brothers, and partners in crime, is forced to confront his younger sibling regarding his reckless drug use but emotions run high and things quickly escalate beyond simple discussion. c3f236f0ad |
Emigration Canyon, Utah is located east of Salt
Lake City within Salt Lake County. The early
pioneers entered the Salt Lake Valley through Emigration Canyon.
A monument in the canyon marks the spot where
Brigham Young indicated "this is the right place."
Emigration Canyon Zip Code | Area Code
The zip code for the Emigration Canyon area--84108. The area code is 801.
Emigration Canyon Residential Market (past 12-months)
Average Price Sold:
$670,250
Median Price Sold:
$806,250
Low Price Sold:
$278,500
High Price Sold:
$969,000
Average Market Time:
47 days
Number Properties Sold:
5
Demographics for Zip Code
84108
Total Population
21,437
Race - White
19,941
Race - Black
70
Race - Indian
65
Race - Asian
781
Race - Pacific Islander
51
Race - Hispanic/Latino
531
Education
Pop. 25 yrs+ Male, high school grad
440
Pop. 25 yrs+ Male, Associate Degree
362
Pop. 25 yrs+ Male, Bachelor's Degree
1,995
Pop. 25 yrs+ Male, Master's Degree
855
Pop. 25 yrs+ Male, Doctorate Degree
480
Pop. 25 yrs+ Female, high school grad
862
Pop. 25 yrs+ Female, Associate Degree
415
Pop. 25 yrs+ Female, Bachelor's Degree
2,377
Pop. 25 yrs+ Female, Master's Degree
871
Pop. 25 yrs+ Female, Doctorate Degree
220
Pop. 18-64 yrs Male, Armed Forces
16
Pop. 18-64 yrs Female, Armed Forces
-
Pop. 18-64 yrs Male, Civilian/Veteran
762
Pop. 18-64 yrs Female, Civilian/Veteran
40
Total Families
5,960
Families, married couple
5,121
Families, male HHR, no wife
270
Families, female HHR, no husband
569
Household Total
8,020
Median HH Income (1999)
$ 61,517
Households w/ self-employment income
1,505
Households w/o self-employment income
6,515
Median Family Income (1999)
$ 70,156
Housing Units
8,437
Occupied Housing Units, Owner Occupied
5,795
Occupied Housing Units Renter Occupied
2,230
Occupied Housing Units Ave. HH Size
3
Housing Units Median year structure built
1958
Housing Units Median year structure built,
OO
1955
Housing Units Median year structure built,
RO
1966
Occupied Housing Units, Median yr HHR
moved in
1994
Occupied Housing Units, Median yr HHR
moved in, OO
1989
Occupied Housing Units, Median yr HHR
moved in, RO
1999
Median Gross Rent
$ 579
Owner-Occupied Housing Median Value
$ 244,100
Specified OO Housing Median Monthly Cost
w/ Mortgage
$ 1,467
Specified OO Housing Median Monthly Cost
w/o Mortgage
$ 374
Owner-Occupied Housing Median Real Estate
Taxes
$ 1,830
Workers 16 yrs and older - Work at home
581
HH - household
HHR = householder
HHS = households
OO = owner occupied
RO = renter occupied
w/ = with
w/o = without
Information listed above extracted from U.S.
Census data and should not be used for
business decisions. |
Q:
Why doesn't the diamond operator work within a addAll() call in Java 7?
Given this example from the generics tutorial.
List<String> list = new ArrayList<>();
list.add("A");
// The following statement should fail since addAll expects
// Collection<? extends String>
list.addAll(new ArrayList<>());
Why does the last line not compile, when it seems it should compile. The first line uses a very similar construct and compiles without a problem.
Please explain elaborately.
A:
First of all: unless you're using Java 7 all of this will not work, because the diamond <> has only been introduced in that Java version.
Also, this answer assumes that the reader understands the basics of generics. If you don't, then read the other parts of the tutorial and come back when you understand those.
The diamond is actually a shortcut for not having to repeat the generic type information when the compiler could find out the type on its own.
The most common use case is when a variable is defined in the same line it's initialized:
List<String> list = new ArrayList<>(); // is a shortcut for
List<String> list = new ArrayList<String>();
In this example the difference isn't major, but once you get to Map<String, ThreadLocal<Collection<Map<String,String>>>> it'll be a major enhancement (note: I don't encourage actually using such constructs!).
The problem is that the rules only go that far. In the example above it's pretty obvious what type should be used and both the compiler and the developer agree.
On this line:
list.addAll(new ArrayList<>());
it seems to be obvious. At least the developer knows that the type should be String.
However, looking at the definition of Collection.addAll() we see the parameter type to be Collection<? extends E>.
It means that addAll accepts any collection that contains objects of any unknown type that extends the type of our list. That's good because it means you can addAll a List<Integer> to a List<Number>, but it makes our type inference trickier.
In fact it makes the type-inference not work within the rules currently laid out by the JLS. In some situations it could be argued that the rules could be extended to work, but the current rules imply don't do it.
|
0. Is p greater than f?
False
Let g = 198 + -197. Let c be ((5 - 7) + (-123)/(-61))*g. Are c and 0 non-equal?
True
Let t be (-56608)/(-14208) + 2 + -5 + -1. Which is smaller: 1 or t?
t
Suppose 76*o = 79*o - 15, -582 = f + o. Which is bigger: -585 or f?
-585
Suppose 0 = -8*m + 6 + 26. Let h be (-51)/m + 2/(-8). Let c = 0 - 13. Is h less than or equal to c?
True
Let j(g) = -2*g + 20. Let y be j(4). Suppose -816 = y*s - 24*s. Suppose 3*c = -l - c + 60, 3*l + 5*c = 194. Is s greater than l?
False
Let q = 13282/1245 + -2/1245. Let l = -29654 - -29658. Which is bigger: q or l?
q
Let k = -0.474 + 0.674. Do k and 1460 have different values?
True
Let n be -1 - 10*21128/64. Let q = 3278 + n. Is q greater than or equal to -24?
False
Let w(c) = -19 + 2*c**2 + 3 + 0*c**2 - 8*c. Let o be w(5). Let u be o/33 + (1 - 622/(-154)). Which is smaller: 4 or u?
4
Let o be ((-616)/528 - (-3247)/(-1422)) + 4/18. Which is bigger: o or -4?
o
Let w = -2467 - -37027/15. Suppose -5*u + 10 = -i, -4*u + 49*i - 52*i - 11 = 0. Is w at most as big as u?
False
Suppose -7782 + 3142 = 20*d. Is d >= -235?
True
Suppose -971*a + 2623 = -928*a. Which is bigger: a or -5?
a
Suppose -x + 17 - 11 = 0. Let r be (6 - x)/(0 + 3). Let b be (-2)/(12/(-15)) - 3. Which is greater: r or b?
r
Let w = 4.37121 + -0.19121. Is 1/2 < w?
True
Suppose 49*g + 8009 = 47*g + x, 2*g = -5*x - 8015. Is -4004 at least as big as g?
True
Let t = -2196.15 - -2195. Which is smaller: -1/3 or t?
t
Let b be (2/3)/(2/6). Suppose b*c + 2*c - 8 = 0. Let i = 423 + -423. Which is greater: c or i?
c
Suppose 0 = -4*w + 2*w - 12, 0 = -4*q + 10*w - 1628. Is -4/7 < q?
False
Let s be 5806/(-448) - (9 + 625/(-70)). Is -13 bigger than s?
True
Let a = 7525 - 7660. Is a < -105?
True
Let a = 281.691 - 278.9. Let t = -0.209 - a. Which is greater: t or 19?
19
Let a = 58 - 56. Let i(k) = -k**3 + k**2 + 4*k - 2. Let g be i(a). Suppose -9*y = g*y + 121. Are -9 and y equal?
False
Let p be 476/595 + 1608/(-3410). Which is greater: -1 or p?
p
Let m be 0/(0 - 11/((-66)/12)). Is -28/151 less than m?
True
Let u(t) = -115 - 6 + 1367*t - 1387*t. Let k be u(-8). Is 39 at least k?
True
Let u = 27.46 + -159.56. Let i = -132 - u. Is i greater than or equal to 13?
False
Let y be 1042/(-180) + (-22)/(-55) + 6. Let r(b) = -b**3 + 13*b**2 + 1. Let w be r(13). Which is smaller: w or y?
y
Let x = 5.7 + -308.7. Let s = x - -303.7. Do s and 8/5 have the same value?
False
Let j = 3361619/32384 + 39/2944. Is j > 104?
False
Let p be (0 + 1)/((-2)/26). Let r = 109 + -139. Let q be ((-132)/r - 4) + (-67)/5. Is q equal to p?
True
Let m = 10 + 82. Let y be (8/(-6))/(m/138). Are y and -15/11 equal?
False
Suppose 0*c = 6*c - 24. Let v = 0 + 3. Suppose -l + c = v. Which is greater: l or 4?
4
Let b be (-1487)/(-4940) + 345/(-6900). Which is greater: b or 0?
b
Let x = 2746 + -4591. Let q be (-4)/10 - 603/x. Is q <= 1?
True
Let q be -3 - (0 + 59/(-19)). Suppose -18804 = -2*a - 18806. Which is smaller: a or q?
a
Let i be ((-2)/78)/((-14)/(-12)). Let g = -51225 + 51224. Which is bigger: i or g?
i
Suppose 21*o - 18*o = 15. Let y be 8 - (0 + (2 - -2)) - o. Which is bigger: 3/62 or y?
3/62
Let r(o) = 2*o**3 + 14*o**2 - 11*o - 76. Let n be r(-7). Let b = 4 - 5. Let i be b - 99/(-105) - 0. Which is smaller: n or i?
i
Let q(v) be the first derivative of v**5/20 - v**3 + 23*v**2/2 - v + 19. Let u(r) be the second derivative of q(r). Let w be u(-2). Are 8 and w equal?
False
Let x be 3*3/(-9)*2 + (-625)/25. Is -334 >= x?
False
Let z(w) = 8*w + 3. Let f be z(-2). Suppose -108*k + 372 = -102*k. Let m be 4/2*k/(-217). Which is greater: m or f?
m
Suppose 1372 = -21*k - 11564. Which is smaller: k or -612?
k
Let c = 8 - 10. Let o = -147 - -226. Let x = 77 - o. Is x less than c?
False
Let l = -0.4109 - -0.414529. Let n = -50.974629 + l. Let x = 51 + n. Which is smaller: x or 1?
x
Suppose -5*s + 3*u + u - 945 = 0, 0 = -4*u + 20. Let k = -192 - s. Which is smaller: k or -36/5?
-36/5
Let r(h) = 21 + 13 - 4*h + 11. Let x be r(11). Let u be (5 + x)*((-25)/(-10) + -4). Are -11 and u equal?
False
Suppose -d - 31202 = -31437. Does 233 = d?
False
Let p = -26 + 30. Let k be -2 + p*1/4. Which is greater: -10/9 or k?
k
Let r(k) = -24*k - 981. Let f be r(-42). Is 39 >= f?
True
Suppose -t + 22 = 2. Let b be 5/t*3 + (-189)/(-276). Which is greater: 0 or b?
b
Let a(g) be the third derivative of g**4/2 - 8*g**3 + g**2 + 19*g. Let h be a(10). Which is greater: h or 73?
73
Let h = -46733 - -46733. Which is greater: 3/6203 or h?
3/6203
Let i(g) = 141 - 5*g - 68 - 5*g - 65 + 3*g**2. Let p be i(2). Is p greater than 0?
False
Let w = 760946/21 + -36229. Let q = w + -48/7. Do q and -2/117 have different values?
True
Let u be (-3)/15 - 130/(-25). Let r(m) = 2 + m + u - 2. Let d be r(0). Which is smaller: d or 13/3?
13/3
Let p(w) = 70*w**2 + w + 1. Let h be p(-2). Suppose 12*n + 12*n = 2021 + 4699. Is h greater than n?
False
Let y(i) = 7*i**3 + 19*i**2 + 17*i + 19. Let d be y(-3). Is -84 at most d?
True
Suppose 5*x + 16 + 0 = -l, 2*x + 2*l = 0. Suppose 0 = -3*r + 2*j + 153, r + 559*j - 46 = 558*j. Let m be r - (0 - (-5 - x)). Is m <= 49?
True
Let p(d) = d**2 + 6*d + 2. Let l be p(-3). Let q(f) = -22*f - 91. Let y be q(l). Let r = 4 + -3. Are r and y equal?
False
Let r = -586323485/3271 + 179249. Which is greater: r or 1?
1
Let r = 35 - 31. Let p be (r/(-8))/(5/(-10)). Let o = -0.289 - -0.299. Which is greater: p or o?
p
Let v be 143442/(-716235) + 3/15. Is v smaller than -1?
False
Let m(b) = -18*b + 2. Let t be m(1). Let d = t + 16. Let v = -510/13 - -1504/39. Is v less than or equal to d?
True
Let i = -417005/63348 - 3/5279. Are i and -8 nonequal?
True
Let l be (-18 + (0 - 0))*(-3426)/(-9039501). Is -1 less than l?
True
Let v be -34*((-13)/8 - (-5)/40). Suppose a - 19 = -2*g + 3*g, -3*g = -a + v. Are -15 and g equal?
False
Let p = -1868 - -1868. Let b = -0.7 + 0.72. Which is bigger: p or b?
b
Suppose -42*v = -40*v - 130. Let r be (v + -67)/(1 + (-65)/58). Are r and 18 nonequal?
True
Let v = 93.66 + 1352.34. Are -6/11 and v nonequal?
True
Suppose 32085 = 10*h + 13*h. Which is smaller: 1396 or h?
h
Let l be -1*((-5)/((-25825)/20))/(-2). Which is bigger: l or -0.3?
l
Suppose -16 = p + 12*u, -p + 5*u = 4*p + 600. Which is smaller: p or -127?
-127
Suppose -3*v = 2*a + 2*a + 19, v = -3*a - 13. Let g = 139/1815 + -10/121. Is v equal to g?
False
Suppose -82*a - 968 - 1043 = 10043. Which is smaller: a or -151?
-151
Let g = 3019 + -998. Which is bigger: 2019 or g?
g
Suppose 17*h = -18*h. Which is smaller: h or 69/103?
h
Let t(w) = w**2 - 68*w - 427. Let j be t(72). Which is smaller: j or -127?
j
Let x(c) = 14*c**2 + 30*c + 47. Let k(v) = 5*v**2 + 10*v + 16. Let l(s) = -11*k(s) + 4*x(s). Let m be l(-7). Is -9 at most m?
True
Let j(p) = 7*p**3 + 9*p**2 + 3*p - 13. Let o be j(-4). Let b = 332 + o. Is 5 at least b?
True
Let k = -2259/265 - -36831531/4320560. Which is smaller: 0 or k?
0
Let p be (-1264)/420 - 30/(-25). Let u = p + 5641/3129. Is u smaller than -1?
False
Suppose 2*d = -u - 1708, 35*d - 5*u - 4260 = 40*d. Let l = -855 - d. Is -1/99 smaller than l?
True
Let j = 57604501 + -3629184113/63. Let z = 1596 + j. Is 0 less than or equal to z?
False
Suppose 2310 = 133*r - 135*r + 4*f, 3*r + 3459 = 4*f. Is -1149 <= r?
True
Let h be 1 - 1/((-1)/15). Suppose -3 = y + 3*s, 0 = -10*s + 9*s - 1. Suppose y = 4*x - 4*w - 16, -5*w = 3*x - w + h. Which is greater: x or 3/5?
3/5
Suppose 4*p + 22 = -2*l, 0*l + p + 1 = l. Let a be (-42)/9*l/(-12). Are -2 and a equal?
False
Suppose -5*o + 30 = -5*w, -4*o = -5*w + 7*w + 6. Is o > -9/127?
True
Let p(y) = -769*y + 768. Let b be p(1). Let k = 0 + -33. Let a = k - -131/4. Is b <= a?
True
Let t(w) = 154*w - 1849. Let v be t(12). Are -14/169 and v equal?
False
Let i = 57 - 14. Let s = i + 23. Suppose -s*l - 54 = -64*l. Are l and -26 non-equal?
True
Suppose 59 = -12*n + 16*n - 5*o, -4*o - 16 = 2*n. Are 37 and n equal?
False
Suppose -51*m + 58344 = 15*m. Which is bigger: m or 886?
886
Let w(i) = -i**2 + 31*i + 20349. Let x be w(159). Let u = 1.727 - 0.157. Is u at least as big as x?
True
Suppose 0 = -8*f - 90 - 78. Let s be (178/(-7))/(6/f). Is 89 greater than or equal to s?
True
Let o = -4659 + 4661. Is 115/174 != o?
True
Let a = 481 + -499. Which is smaller: -73/4 or a?
-73/4
Let w(i) = i* |
The :Subvert command lets us generate a pattern based on
:Subvert /pumpkin
This has the same effect as the following search:
/\v\C%(PUMPKIN|Pumpkin|pumpkin)
The :Subvert command can also accept a comma-seperated list of alternatives wrapped in braces. These are assembled to form a pattern. For example, we could search for both ‘mouse’ and ‘mice’ by running the command:
:S/m{ouse,ice}
If we specify a pattern with words separated by underscores, the :Subvert command automatically matches the mixed case alternative too. For example:
:S/insert_mode
Would match insert_mode and InsertMode .
The :Subvert command comes in many different forms. In it’s most basic form, it resembles plain search. If you specify a file (or glob), then the command resembles :vimgrep . When a replacement field is specified, :Subvert behaves like the built-in :substitute command.
Command effect :S[ubvert]/pattern search in the current buffer :S[ubvert]/pattern/ {file} ... search in the specified file(s), collecting results in quickfix list :S[ubvert]/pattern/replacement/[flags] substitute in the current buffer
Episode 48 shows how to use the :S/pattern/replacement/ form.
Coercing variable caseing
The cr mapping stands for coerce. It lets you switch between different casing styles:
Mapping effect crc coerce to camelCase crm coerce to MixedCase crs (also cr_ ) coerce to snake_case cru coerce to SNAKE_UPPERCASE cr- coerce to dash-case
Further reading |
Lime sulfur
In horticulture, lime sulfur (British spelling lime sulphur) is a mixture of calcium polysulfides formed by reacting calcium hydroxide with sulfur, used in pest control. It can be prepared by boiling calcium hydroxide and sulfur together with a small amount of surfactant. It is normally used as an aqueous solution, which is reddish-yellow in colour and has a distinctive offensive odour.
Creating lime sulfur
A New York State Agricultural Experiment Station recipe for the concentrate is 80 lb. of sulfur, 36 lb. of quicklime, and 50 gal. of water. About 2.2:1 is the ratio (by weight) for compounding sulfur and quicklime; this makes the highest proportion of calcium pentasulfide. If calcium hydroxide (builders or hydrated lime) is used, an increase by 1/3 or more (to 115 g/L or more) might be used with the 192 g/L of sulfur. If the quicklime is 85%, 90%, or 95% pure, use 101 g/L, 96 g/L, or 91 g/L; if impure hydrated lime is used, similarly increase its quantity. Avoid using lime that is less than 90% pure. Boil for an hour, stirring and adding small amounts of hot water to compensate for evaporation.
Use
Lime sulfur is sold as a spray for deciduous trees to control fungi, bacteria and insects living or dormant on the surface of the bark. Lime sulfur burns leaves so it is not as useful for evergreen plants.
Bonsai enthusiasts use undiluted lime sulfur to bleach, sterilise, and preserve deadwood on bonsai trees while giving an aged look. Rather than spraying the entire tree, as with the pesticidal usage, lime sulfur is painted directly onto the exposed deadwood, and is often colored with a small amount of dark paint to make it look more natural. Without paint pigments, the lime-sulfur solution bleaches wood to a bone-white color that takes time to weather and become natural-looking. Because the lime sulfur does not contact the leaves or needles, this technique can be used on evergreen trees as well as other types of trees.
Diluted solutions of lime sulfur (between 1:16 and 1:32) are also used as a dip for pets to help control ringworm (fungus), mange and other dermatoses and parasites. Undiluted lime sulfur is corrosive to skin and eyes and can cause serious injury like blindness.
Safety
Lime sulfur reacts with strong acids (including stomach acid) to produce highly toxic hydrogen sulfide (rotten egg gas) and indeed usually has a distinct "rotten egg" odor to it. Lime sulfur is not extremely flammable but combustion produces highly irritating sulfur dioxide gas.
Safety goggles and gloves should be worn while handling lime sulfur. Lime sulfur solutions are strongly alkaline (typical commercial concentrates have a pH over 11.5), and so it is corrosive to living things and can cause blindness if splashed in the eyes.
History
Lime sulfur is believed to be the earliest synthetic chemical used as a pesticide, being used in the 1840s in France to control grape vine powdery mildew Uncinula necator, which had been introduced from the USA in 1845 and reduced wine production by 80%. In 1886 it was first used in California to control San Jose scale. Commencing around 1904, commercial suppliers began to manufacturer lime sulfur; prior to that time, gardeners were expected to manufacture their own. By the 1920s essentially all commercial orchards in western countries were protected by regular spraying with lime sulfur. However by the 1940s, lime sulfur began to be replaced by synthetic organic fungicides which risked less damage to the crop's foliage.
References
Notes
Bibliography
"Chemical Investigation of Best Conditions for Making the Lime-Sulfur Wash." L.L. Van Slyke, A.W. Bosworth, & C.C. Hedges, New York Agricultural Experiment Station Bulletin No. 329, December 1910, Geneva, New York
External links
Chronological History of the Development of Insecticides and Control Equipment from 1854 through 1954
Background on History of Pesticide Use and Regulation in the United States, Part Two (PDF, 54 kB).
The Value of Fungicides in U.S. Crop Production, (PDF, 1.1 MB)
Category:Pest control
Category:Fungicides
Category:Insecticides
Category:Calcium compounds
Category:Sulfur compounds
Category:Alchemical substances |
Pages
Wednesday, March 02, 2016
Comic Artist Starter Pack
I thought I'd written this list at least a dozen times, but checking my archives, it's nowhere to be seen. I've probably written it as a draft a dozen times, and through various computer deaths, have lost it a dozen times. So by popular request, here are my recommendations for those interested in making comics.
There's no 'gimmick' that will make you a better artist, let alone a better comic artist. I refuse to promise easy steps, or that these materials will change your life for the better. What matters most is the time YOU put in to improving.
These are, however, materials and methods that work for me. These are the tools I use regularly, the books I've learned from
Sketching:
Nonphoto blue lead- I like Color Eno Soft Blue in .7HB and B Graphite lead- I prefer Pentel Hi Polymer leads in .7Mechanical Pencils- I have at least 2- 1 dedicated to holding non photo blue lead, 1 for my H lead, 1 for B lead. The metal bodied drafting pencils look legit, but after years of using one, it's wrecked my hand. For regular sketching, plastic is more than fine, and if you can find something you like with a good grip, all the better. You can always buy different pencils, but you've only got one pair of hands.
I invested in a 24" Alumicolor aluminum ruler that has lasted me half a decade with no signs of deterioration but honestly, even cheap rulers are fine. I would stay away from wavy metal yardsticks. 12" and 18" clear plastic rulers are fantastic and very affordableSchool compass for circles
For even more great recommendations, please check the sidebar on the blog. You can also check out this fairly comprehensive list.
You learn the most reading other people's work and analyzing what works and what does not. You cannot write/draw if you don't consume the works of others, so read avidly!
If you're broke and JUST starting out, I highly recommend you purchase a sketchbook, a copy of Glen Vilppu's Drawing Manual, and some color pencils/wooden graphite pencils and get to sketching. Those items, your time, and sincere dedication to practice and improvement, are some of the best investments you can make in your artistic development.
Vigilante comic artist, illustrator, and comic craft blogger at www.nattosoup.blogspot.com. I have an MFA from SCAD in Sequential Art, which means I'm highly educated in the art of drawing funny picture books. I specialize in comics aimed at young girls, and enjoy the finer things in life- seinen manga, whiney autobio graphic novels, and science fiction.
Convention Recaps and Tutorials
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This blog uses Amazon Affiliates and Google Adsense to generate income to help cover review costs. Any product links you see from Amazon are affiliate links- I receive a small bounty from each resulting sale. The customer pays no additional cost- this is paid on Amazon's end. This blog is also paid for thanks to my individual sponsors on Patreon. Patreon is a subscription service that allows fans to support creators who create content they consume and enjoy. If you like the work I do, and want to support it, please consider using these Affiliate links, or supporting my work via Patreon.
7" Kara
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IN THE SUPREME COURT OF IOWA
No. 15–2095
Filed October 21, 2016
MARY E. ROTH and MICHAEL A. ROTH, Individually and as
Coexecutors of the Estate of Cletus Roth, ANNA M. ROTH, Individually,
and BRADLEY E. ROTH, Individually,
Plaintiffs,
vs.
THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY d/b/a
GOOD SAMARITAN SOCIETY - GEORGE,
Defendant.
Certified questions of law from the United States District Court for
the Northern District of Iowa, Mark W. Bennett, United States District
Court Judge.
A federal district court certified two questions of law concerning
adult children’s loss-of-consortium claims in a suit against a nursing
home. CERTIFIED QUESTIONS ANSWERED.
Pressley Henningsen and Benjamin P. Long of RSH Legal, P.C.,
Cedar Rapids, for plaintiffs.
Christopher P. Jannes and Kendall R. Watkins of Davis, Brown,
Koehn, Shors & Roberts, Des Moines, for defendant.
2
MANSFIELD, Justice.
We have been asked to answer two certified questions of Iowa law
in a tort case brought by the adult children of a former nursing home
resident against the nursing home. The questions are as follows:
1. Does Iowa Code section 613.15 require that adult children’s
loss-of-parental-consortium claims be arbitrated when the deceased
parent’s estate’s claims are otherwise subject to arbitration?
2. Does the fact that a deceased parent’s estate’s claims are
subject to arbitration establish that it is impossible, impracticable, or not
in the best interest of the decedent’s adult children for the decedent’s
estate to maintain their claims for loss of parental consortium, such that
the loss-of-consortium claims can be maintained separately in court,
notwithstanding that the estate’s claims must be arbitrated?
For the reasons discussed herein, we answer these questions as
follows:
1. No.
2. It is not necessary to answer this question.
I. Background Facts and Proceedings.
On November 27, 2013, seventy-nine-year-old Cletus Roth was
admitted to a forty-five-bed nursing facility operated by The Evangelical
Lutheran Good Samaritan Society (Good Samaritan) in Lyon County.
Approximately two weeks later, on December 12, Cletus’s son Michael
signed a detailed admission agreement with Good Samaritan relating to
Cletus’s stay. At that time, Michael had general healthcare powers of
attorney for Cletus. Cletus’s daughter Mary also had the same powers of
attorney.
Part of the admission documentation was a separate two-page
document entitled “RESOLUTION OF LEGAL DISPUTES.” This item
3
stated at the top in boldface type, “Please note that the Resident’s
agreement to arbitrate disputes is not a condition of admission or of
continued stay.” Beneath this sentence were a series of clauses:
A. Resident’s Rights. Any legal controversy, dispute,
disagreement or claim arising between the Parties hereto
after the execution of this Admission Agreement in which
Resident, or a person acting on his or her behalf, alleges a
violation of any right granted Resident under law or
contract shall be settled exclusively by binding arbitration
as set forth in Section C. below. This provision shall not
limit in any way the Resident’s right to file formal or
informal grievances with the Facility or the state or
federal government.
B. All Other Disputes. Any legal controversy, dispute,
disagreement or claim of any kind arising out of or related
to this Admission Agreement, or the breach thereof, or,
related to the care of stay at the Facility, shall be settled
exclusively by binding arbitration as set forth in Section
C. below. This arbitration clause is meant to apply to all
controversies, disputes, disagreements or claims
including, but not limited to, all breach of contract
claims, all negligence and malpractice claims, all tort
claims and all allegations of fraud concerning entering
into or canceling this Admission Agreement. This
arbitration provision binds all parties whose claims may
arise out of or relate to treatment or service provided by
the center including any spouse or heirs of the Resident.
C. Conduct of Arbitration. The Resident understands that
agreeing to arbitrate legal disputes means that he/she is
waiving his/her right to sue in a court of law and to a
trial by jury and that arbitration is not a limitation of
liability but merely shifts the Parties’ dispute(s) to an
alternate forum. The Resident shall indicate his/her
willingness to arbitrate by informing the Facility by
marking the YES or NO box below and signing and dating
where indicated. . . .
D. Governing Law. The Parties acknowledge that the
Facility regularly conducts transactions involving
interstate commerce and that services provided by the
Facility to the Resident involve interstate commerce. The
Parties therefore agree that this Admission Agreement is a
transaction involving interstate commerce. The Parties
agree that this Resolution of Legal Disputes provision and
all proceedings relating to the arbitration of any claim
shall be governed by and interpreted under the Federal
4
Arbitration Act (FAA), 9 U.S.C. Sections 1-16 (or as
amended or superseded).
In the middle of the second page were two boxes:
YES I DO wish to arbitrate disputes and I received a copy of
this Resolution of Legal Disputes.
NO I DO NOT wish to arbitrate disputes.
Michael indicated that he wished to arbitrate disputes by
approving the checking of the first box and then signing and dating the
arbitration agreement. 1
Following Cletus’s death, on August 14, 2015, Mary and Michael
as coexecutors of his estate—as well as Mary, Michael, and their siblings
Anna and Bradley individually—filed an action against Good Samaritan.
The petition alleged that the defendant had “negligently cared for
Cletus . . . and violated numerous regulations, laws, rights, and industry
standards, causing Cletus . . . personal injury, illness, harm, and
eventual death . . . .” Five counts were set forth in the petition: “wrongful
death, negligence, gross negligence, and/or recklessness,” “breach of
contract,” “dependent adult abuse,” “loss of consortium for [Mary,
Michael, Anna, and Bradley],” and “punitive damages.” Good Samaritan
removed the case to federal court based on diversity of citizenship then
moved to compel arbitration.
1We note that in a final rule published October 4, 2016, the Federal Centers for
Medicare & Medicaid Services will prohibit nursing homes that receive Medicare or
Medicaid funding from entering into this type of arbitration agreement:
A facility must not enter into a pre-dispute agreement for binding
arbitration with any resident or resident’s representative nor require that
a resident sign an arbitration agreement as a condition of admission to
the [long-term care] facility.
Medicare and Medicaid Programs; Reform of Requirements for Long-Term Care
Facilities, 81 Fed. Reg. 68,688, 68,867 (Oct. 4, 2016) (to be codified at 42 C.F.R. pt.
483).
5
On December 7, the United States District Court for the Northern
District of Iowa filed a memorandum opinion. It directed that the claims
of Cletus’s estate be submitted to arbitration. However, the district court
asked this court to answer two certified questions of Iowa law relating to
the adult children’s loss-of-consortium claims.
II. Standard Applicable to Certified Questions.
We have said before,
It is within our discretion to answer certified questions
from a United States district court. We may answer a
question certified to us when (1) a proper court certified the
question, (2) the question involves a matter of Iowa law, (3)
the question “may be determinative of the cause . . . pending
in the certifying court,” and (4) it appears to the certifying
court that there is no controlling Iowa precedent.
Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa
2013) (citation omitted) (quoting Iowa Code § 684A.1).
Here we elect to answer the certified questions. They arrive to us
from a proper court, they involve matters of Iowa law, they may be
determinative of the cause, and there is no controlling Iowa precedent.
See Oyens Feed & Supply, Inc. v. Primebank, 879 N.W.2d 853, 858 (Iowa
2016). Additionally, both parties urge us to answer the questions. See
id.
III. Analysis.
A. First Certified Question: Does Iowa Code Section 613.15
Require Adult Children’s Loss-of-Consortium Claims to Be Arbitrated
When the Estate’s Claims Are Otherwise Subject to Arbitration?
When a person dies due to the wrongful or negligent act of another, Iowa
law authorizes the personal representative to commence a wrongful-
death action on behalf of the estate. As we have explained,
Iowa recognizes no common law action for wrongful death.
Power to maintain such actions is entirely statutory. Our
6
first statute was enacted in 1851 as Code § 2501. That
section is today § 611.20, a survival statute, which keeps
alive for the benefit of his estate the cause of action which
the deceased prior to his death could have brought had he
survived the injury, with recovery enlarged to include the
wrongful death.
Egan v. Naylor, 208 N.W.2d 915, 917 (Iowa 1973). Iowa Code section
611.20, the present statutory foundation for wrongful-death actions,
provides, “All causes of action shall survive and may be brought
notwithstanding the death of the person entitled or liable to the same.”
Iowa Code § 611.20 (2015). Furthermore, “Code §§ 611.20, 611.22 and
633.336 and their predecessors have consistently been held to vest the
right to recover wrongful death damages exclusively in the estate
representative.” Egan, 208 N.W.2d at 918.
In addition, Iowa recognizes a cause of action for loss of
consortium. When a minor child suffers injury or death, Iowa Rule of
Civil Procedure 1.206 provides, “A parent, or the parents, may sue for the
expense and actual loss of services, companionship and society resulting
from injury to or death of a minor child.” Iowa R. Civ. P. 1.206.
Otherwise, such as here when a parent dies allegedly due to the wrongful
act of another, Iowa Code section 613.15 provides,
In any action for damages because of the wrongful or
negligent injury or death of a woman, there shall be no
disabilities or restrictions, and recovery may be had on
account thereof in the same manner as in cases of damage
because of the wrongful or negligent injury or death of a
man. In addition she, or her administrator for her estate,
may recover for physician’s services, nursing and hospital
expense, and in the case of both women and men, such
person, or the appropriate administrator, may recover the
value of services and support as spouse or parent, or both,
as the case may be, in such sum as the jury deems proper;
provided, however, recovery for these elements of damage
may not be had by the spouse and children, as such, of any
person who, or whose administrator, is entitled to recover
same.
Iowa Code § 613.15.
7
So worded, Iowa Code section 613.15 empowers the administrator
of a parent’s estate, rather than the children, to bring an action for the
children’s loss of the parent’s services. “In the case of a parent’s death,
the child’s claim for loss of parental consortium should be brought by the
decedent’s administrator under section 613.15.” Audubon-Exira Ready
Mix, Inc. v. Ill. Cent. Gulf R.R., 335 N.W.2d 148, 152 (Iowa 1983).
But although the personal representative normally files both
claims, there is a critical difference between the wrongful death cause of
action and the consortium cause of action. In the latter instance,
damages “are to be distributed by the trial court [to the children] under
section 633.336.” Id. at 151–52. Iowa Code section 633.336 codifies this
distinction:
When a wrongful act produces death, damages
recovered as a result of the wrongful act shall be disposed of
as personal property belonging to the estate of the deceased;
however, if the damages include damages for loss of services
and support of a deceased spouse, parent, or child, the
damages shall be apportioned by the court among the
surviving spouse, children, and parents of the decedent in a
manner as the court may deem equitable consistent with the
loss of services and support sustained by the surviving
spouse, children, and parents respectively.
Iowa Code § 633.336.
In our caselaw, we have reiterated these points:
Authority to sue for lost services and the recovery belonged
to the injured person rather than the deprived spouse or
child in the action under section 613.15. If the person died,
the only further recovery could be made under . . . section
613.15 in the case of death of a spouse or parent. Authority
to sue under section 613.15 passed to the administrator but,
under section 633.336, the recovery was to be apportioned to
the spouse and children of the decedent in accordance with
their loss.
Madison v. Colby, 348 N.W.2d 202, 207 (Iowa 1984). The cause of action
for parental consortium is “to be commenced by . . . the parent’s estate”
8
although “the ownership of the proceeds [is] in the child.” Roquet by
Roquet v. Jervis B. Webb Co., 436 N.W.2d 46, 47 (Iowa 1989).
[A] child has a cause of action for loss of parental consortium
and support for the death or injury of a parent by a third
party. . . . Yet, such a claim is required to be brought
by . . . the administrator of the estate under Iowa Code
section 613.15.
Clark v. Estate of Rice ex rel. Rice, 653 N.W.2d 166, 174 (Iowa 2002)
(citations omitted); see also Nichols v. Schweitzer, 472 N.W.2d 266, 271
(Iowa 1991) (“[S]ection 613.15 designates the personal representative of
the deceased as the proper party to bring a suit for the loss of
consortium of the deprived spouse. The independent claim of the
deprived spouse thus passes to the administrator on death of the injured
spouse.”).
Yet there is an exception to the rule that either the parent or—in
the case of the death—the administrator or executor of the parent’s
estate must commence an action to recover damages for loss of
consortium. See Nelson v. Ludovissy, 368 N.W.2d 141, 146 (Iowa 1985).
In Nelson, Hans Nelson was injured when his farm tractor collided with a
truck. Id. at 143. He and his wife sued the owner and the operator of
the truck seeking damages for Hans’s injuries and lost services and
support to their minor children. Id. However, they made no claim for
lost services and support on behalf of their adult children. Id. The adult
children brought separate actions, which the district court dismissed.
Id. We reversed. Id. at 146.
We explained that while child–parent consortium claims are
“subject to the mandates of [Iowa Code section 613.15] concerning who
could maintain the action,” that “does not completely eliminate” the
possibility of separate claims. Id. at 145–46. “There may be cases where
9
joinder of claims is feasible, yet it is not in the best interests of a minor
or adult child that the injured parent bring or control the action.” Id. at
146. We elaborated,
[W]e must reject appellants’ claim that adult children may
pursue consortium and loss of support claims under section
613.15 in their own names as a matter of right. The statute
expressly provides that “recovery for these elements of
damage may not be had by the . . . children, as such, of any
person who . . . is entitled to recover same.” In order for
either a minor or adult child to avoid this statutory
proscription, we deem it necessary that the child must first
establish to the court’s satisfaction that it is impossible,
impracticable or not in the child’s best interest for the parent
to maintain the action.
Id. (quoting Iowa Code § 613.15). We continued,
The required showing may be inferred from the
circumstances. Where, as in the present case, the statutory
plaintiff has already commenced an action omitting the
claims of a child, it may be inferred that the statutory
plaintiff has elected against representing the child’s
interests. Such circumstance will justify maintaining the
action in the child’s own name subject, however, to joinder
with the parent’s claim to the extent required by Madison.
Because the issue is involved in the present actions, we
conclude that for this purpose consolidation of pending
actions is the equivalent of joinder.
Similarly, and again subject to the requirement of
joinder with the parent’s claim, we recognize that the rights
of adult children to manage and control their own affairs
requires that where disagreement arises over who shall
control the course of the litigation, this circumstance alone
should permit an adult child to maintain a claim under
section 613.15 in the child’s own name.
Id. In short, we recognized an exception to Iowa Code section 613.15 for
circumstances when it is “impossible, impracticable or not in the child’s
best interest for the parent to maintain the action.” Id. We found this
exception applied when the parent had commenced an action without
including the adult children’s consortium claims. Id.
10
More recently, we have held that a minor child’s claim for loss of
consortium of a deceased parent is subject to the separate statute of
limitations applicable to minors. Christy v. Miulli, 692 N.W.2d 694, 706
(Iowa 2005). The logic of this decision was that Iowa Code section
613.15 is essentially a joinder rule for efficiency purposes. Id. at 705–06.
The administrator does not “own[]” the cause of action. Id. at 705.
Rather, “a loss-of-parental-consortium claim is independent of the
wrongful death claim and belongs to the child.” Id.; see also Beeck v.
S.R. Smith Co., 359 N.W.2d 482, 486–87 (Iowa 1984) (holding that a
minor child’s loss-of-consortium claim for an injured parent is subject to
“the statute [of limitations] applicable to minors,” not the statute
applicable to the parent).
We agree with the district court that when a personal
representative brings a wrongful-death action against a party with whom
the decedent entered into a binding arbitration agreement, the case is
subject to arbitration. This is due to the nature of the wrongful-death
action in Iowa:
Unlike the wrongful death statutes in many states,
Iowa’s death statutes have always been of the “survival” type.
Such a statute does not create a new cause of action in a
decedent’s survivors; rather, it preserves whatever rights and
liabilities a decedent had with respect to a cause of action at
the time of his death. The cause of action thus preserved is
deemed to accrue to the decedent’s estate representative “at
the time it would have accrued to the deceased if he had
survived.”
Weitl v. Moes, 311 N.W.2d 259, 270 (Iowa 1981) (plurality opinion)
(citations omitted) (quoting Iowa Code § 611.22), overruled on other
grounds by Audubon-Exira, 335 N.W.2d at 152.
The right to recover wrongful-death damages in Iowa is vested
exclusively in the estate representative, and the recovery belongs to the
11
estate. See Iowa Code § 611.22; id. § 633.336; Troester v. Sisters of
Mercy Health Corp., 328 N.W.2d 308, 312 (Iowa 1982). Wrongful-death
damages are “damages the administrator of the estate can recover on
behalf of the estate.” State v. Izzolena, 609 N.W.2d 541, 546 n.2 (Iowa
2000). The administrator or executor is in all respects the successor in
interest to the party that entered into the arbitration agreement. See
Shook v. Crabb, 281 N.W.2d 616, 617–18 (Iowa 1979) (“[T]he capacity of
an estate to bring an action for wrongful death is contingent upon the
capacity of the estate’s decedent to bring the action had he or she
survived.”).
Notably, in other jurisdictions where wrongful-death actions are
brought by a personal representative who stands in the shoes of the
decedent, courts regularly hold that the personal representative must
abide by any arbitration agreement of the decedent. See Briarcliff
Nursing Home, Inc. v. Turcotte, 894 So. 2d 661, 664–65 (Ala. 2004)
(holding in two actions against a nursing home that the personal
representatives were “bound by the arbitration provisions contained in
the admission contracts”); Laizure v. Avante at Leesburg, Inc., 109 So. 3d
752, 754 (Fla. 2013) (concluding that the survivors of a nursing home
patient were obligated to arbitrate wrongful-death claims against the
nursing home because such claims are “derivative”); Sanford v. Castleton
Health Care Ctr., LLC, 813 N.E.2d 411, 422 (Ind. Ct. App. 2004) (holding
that wrongful-death claims must be arbitrated based upon an arbitration
clause in the decedent’s admission agreement because under Indiana law
“a personal representative may maintain a cause of action against an
alleged wrongdoer only if the decedent, if alive, might have maintained
such a cause of action”); Estate of Krahmer ex rel. Peck v. Laurel
Healthcare Providers, LLC, 315 P.3d 298, 300–01 (N.M. Ct. App. 2013)
12
(reasoning that “a wrongful death representative is bound to arbitrate if
the decedent was personally bound by an arbitration agreement” because
“the representative’s rights [are] derivative of the decedent’s”);
MacPherson v. Magee Mem’l Hosp. for Convalescence, 128 A.3d 1209,
1226–27 (Pa. Super. Ct. 2015) (holding that personal representatives
bringing wrongful-death claims were “bound by otherwise enforceable
arbitration agreements signed by a decedent”).
By contrast, in jurisdictions where wrongful death is regarded as
an independent claim for the direct benefit of the estate’s beneficiaries,
i.e., the “many states” referenced in Weitl, 311 N.W.2d at 270, courts
generally do not find the decedent’s arbitration agreement to be binding.
See Estate of Decamacho ex rel. Guthrie v. La Solana Care & Rehab, Inc.,
316 P.3d 607, 614 (Ariz. Ct. App. 2014) (holding a wrongful-death claim
against a nursing home not arbitrable because in Arizona “a wrongful
death claim is independently held by the decedent’s statutory
beneficiaries”); Norton v. United Health Servs. of Ga., Inc., 783 S.E.2d
437, 440–41 (Ga. Ct. App. 2016) (determining that an arbitration
agreement executed by the decedent’s authorized representative during
the decedent’s lifetime was not binding in a wrongful-death action
because such a claim belongs to the survivors); Carter v. SSC Odin
Operating Co., LLC, 976 N.E.2d 344, 355–58 (Ill. 2012) (rejecting the
argument that a wrongful-death action is “a true asset of the decedent’s
estate” and can therefore be limited by the decedent’s agreement to
arbitrate); Ping v. Beverly Enters., Inc., 376 S.W.3d 581, 600 (Ky. 2012)
(“[T]he wrongful death claimants would not be bound by their decedent’s
arbitration agreement, even if one existed, because their statutorily
distinct claim does not derive from any claim on behalf of the decedent,
and they therefore do not succeed to the decedent’s dispute resolution
13
agreements.”); FutureCare NorthPoint, LLC v. Peeler, 143 A.3d 191, 209–
10, 213 (Md. Ct. Spec. App. 2016) (deciding that the decedent’s
arbitration agreement was not binding in a wrongful-death action
because Maryland “has construed its wrongful death statute as creating
a new and independent cause of action that does not belong to the
decedent or the decedent’s estate”); Lawrence v. Beverly Manor, 273
S.W.3d 525, 529 (Mo. 2009) (en banc) (finding a deceased nursing home
resident’s son could bring a wrongful-death action in court despite an
arbitration clause because Missouri law creates a “separate” and “not
derivative” wrongful-death action to be brought by the decedent’s lineal
descendants); Wolcott v. Summerville at Outlook Manor, LLC, ___ N.E.3d
___, ___, 2016 WL 1178579, at *4 (Ohio Ct. App. Mar. 24, 2016) (holding
that under Ohio law, a decedent cannot bind his or her beneficiaries to
arbitrate their wrongful-death claims); Boler v. Sec. Health Care, L.L.C.,
336 P.3d 468, 477 (Okla. 2014) (“We agree with the courts that have held
that a decedent cannot bind the beneficiaries to arbitrate their wrongful
death claim. Oklahoma’s Wrongful Death Act created a new cause of
action for pecuniary losses suffered by the deceased’s spouse and next of
kin by reason of his or her death. Recovery under the wrongful death act
does not go to the estate of the deceased, but inures to the exclusive
benefit of the surviving spouse and children or next of kin.”); Woodall v.
Avalon Care Ctr.–Fed. Way, LLC, 231 P.3d 1252, 1258–61 (Wash. Ct.
App. 2010) (holding that a wrongful-death action was not subject to the
decedent’s arbitration agreement because the personal representative of
the estate is merely a statutory agent or trustee acting in favor of the
beneficiaries, with no benefits flowing to the estate of the injured
deceased).
14
The question we are asked to answer is whether the loss-of-
parental-consortium claim, which belongs to the children but is
ordinarily brought by the estate, is subject to arbitration based upon the
decedent’s agreement to arbitrate. Both the federal district court and the
parties have focused on the possibility that certain language in Iowa
Code section 613.15 means that consortium claims may only be brought
in court. In particular, the statute refers to an “action for damages” and,
later, to a recovery “in such sum as the jury deems proper.” Iowa Code
§ 613.15. The Roth children maintain that the phrase “in such sum as
the jury deems proper” requires consortium proceedings to be tried
before a jury. The federal district court suggested, based on the
combined use of the phrase “any action for damages” and the phrase “in
such sum as the jury deems proper,” that section 613.15 might allow
loss-of-parental-consortium claims to be asserted in jury or nonjury
court proceedings, but not in arbitration. On the other hand, Good
Samaritan argues that the term “any action for damages” encompasses
proceedings before any tribunal for the recovery of damages and that the
reference to a “jury” is just shorthand for a finder of fact.
At the outset, we are not persuaded by the Roth children’s
argument that Iowa Code section 613.15 requires a jury trial of
consortium claims without the possibility of a jury trial waiver. The
phrase, “in such sum as the jury deems proper,” does not say that such
actions must proceed before a jury. It can reasonably be read as
describing how damages would be determined unless the right to jury
has been properly waived, such as by failure to timely demand a jury.
See Iowa R. Civ. P. 1.902(1). This allows us to reconcile any conflict
between section 613.15 and rule 1.902(1). See Iowa Code § 4.7 (stating
that we construe general and special provisions if possible to avoid
15
conflicts); Des Moines Flying Serv., Inc. v. Aerial Servs. Inc., 880 N.W.2d
212, 221 (Iowa 2016) (“Our job is to harmonize these statutes to give
effect to each.”).
Additionally, the presence of the words “any action for damages” at
the beginning of section 613.15 to some extent undercuts the Roth
children’s position that the phrase “in such sum as the jury deems
proper” later in the statute establishes a nonwaivable right to a jury trial
on parental consortium claims. Clearly, “any action for damages” must
include a nonjury proceeding. So, if the Roth children were right, section
613.15 would allow wrongful-death claims to be heard by the court but
require consortium claims brought by the same administrator in the
same case to be heard by a jury. That would be incongruous. See Iowa
Code § 4.4(3) (“In enacting a statute, it is presumed that . . . [a] just and
reasonable result is intended.”).
Also noteworthy are the circumstances surrounding the enactment
of Iowa Code section 613.15’s predecessor in 1911. See 1911 Iowa Acts
ch. 163, § 1 (providing that when a woman is injured by a negligent or
wrongful act resulting in death, “her administrator may sue and recover
for her estate, the value of her services as a wife or mother or both in
such sum as the jury may deem proportionate to the injury resulting in
her death.”). At that time, a separate Iowa statute authorized jury trial
waivers, just as rule 1.902(1) does today. See Iowa Code § 3733 (1897).
One could logically conclude that when the general assembly adopted
1911 Iowa Acts chapter 163, it well understood that the right to have a
jury could be waived in accordance with preexisting law.
This would not be the only instance where the Iowa Code literally
refers to a jury determination but, in context, the reference means a
determination by the factfinder. For example, Iowa Code section 622.25
16
allows handwriting evidence to be given “by comparison by the jury, with
writings of the same person which are proved to be genuine.” Iowa Code
§ 622.25 (2015). A judge conducting a bench trial surely has the same
authority to compare handwriting. Similarly, chapter 646 regarding
recovery of real property states that “[i]n case of wanton aggression on
the part of the defendant, the jury may award exemplary damages.” Id.
§ 646.21. Presumably the court could award those damages even if the
trial were not to a jury. And Iowa Code section 659.6 provides that in
defamation cases, “an unproved allegation of the truth of the matter
charged shall not be deemed proof of malice, unless the jury on the
whole case finds that such defense was made with malicious intent.” Id.
§ 659.6. Again, we think this directive would apply even if the
defamation case were tried to the court.
If Iowa Code section 613.15 established a nonwaivable right to a
jury trial on consortium claims, so far as we know it would be the only
area of Iowa law where a jury could not be waived. In Peoples Natural
Gas Co., Division of UtiliCorp United Inc. v. City of Hartley, we held that
the jury could be waived in condemnation cases, notwithstanding
language in Iowa’s constitution providing that “damages shall be
assessed by a jury” in such cases. 497 N.W.2d 874, 876 & n.2 (Iowa
1993) (quoting Iowa Const. art. I, § 18). For the foregoing reasons, we
reject the Roth children’s position that section 613.15 consortium claims
can only be decided by juries.
However, to this point we have only determined that a jury trial
may be waived in favor of a bench trial in a consortium action under
section 613.15. This leaves open the larger question whether a
consortium action must be arbitrated if the decedent (or as here his
attorney in fact) entered into a binding arbitration agreement. We are
17
not convinced that the phrase “any action for damages” in Iowa Code
section 613.15, read in context, establishes only a right to proceed in
court and not by way of arbitration. For one thing, the word “any” is
broad. See Dolphin Residential Coop., Inc. v. Iowa City Bd. of Review, 863
N.W.2d 644, 660 (Iowa 2015) (Zager, J., dissenting) (noting the breadth
of the term “any”). Arbitration, of course, is another way to waive a jury.
See Iowa Code § 679A.1(1).
Moreover, we are guided by the principle that we construe statutes
to avoid constitutional infirmities. See Iowa Dep’t of Human Servs. v.
Cmty. Care, Inc., 861 N.W.2d 868, 869 (Iowa 2015) (referring to “the
principle that we avoid interpreting ambiguous statutes in a manner that
leads to constitutional difficulties”); Simmons v. State Pub. Def., 791
N.W.2d 69, 73–74, 88 (Iowa 2010) (“Ordinarily, we construe statutes to
avoid potential constitutional infirmity if we may reasonably do so.”); see
also Iowa Code § 4.4(1) (setting forth a presumption that in enacting a
statute, compliance with the Iowa and United States Constitutions is
intended).
If Iowa Code section 613.15 were interpreted as requiring judicial
resolution—as opposed to arbitration—of a particular category of claims,
this would raise serious questions as to its validity under the Supremacy
Clause of the United States Constitution. See U.S. Const. art. VI. The
United States Supreme Court has indicated on several occasions that the
Federal Arbitration Act (FAA) preempts state laws that purport to forbid
arbitration of certain state-law claims. “When parties agree to arbitrate
all questions arising under a contract, the FAA supersedes state laws
lodging primary jurisdiction in another forum, whether judicial or
administrative.” Preston v. Ferrer, 552 U.S. 346, 359, 128 S. Ct. 978,
987, 169 L. Ed. 2d 917, 929 (2008). “When state law prohibits outright
18
the arbitration of a particular type of claim, the analysis is
straightforward: The conflicting rule is displaced by the FAA.” AT&T
Mobility LLC v. Concepcion, 563 U.S. 333, 341, 131 S. Ct. 1740, 1747,
179 L. Ed. 2d 742, 752 (2011). 2
Because of its subject matter, Marmet Health Care Center, Inc. v.
Brown, 565 U.S. ___, 132 S. Ct. 1201, 182 L. Ed. 2d 42 (2012) (per
curiam) is pertinent in this regard. There the United States Supreme
Court considered three consolidated negligence cases filed against West
Virginia nursing homes. In each case, a family member of the resident
had sued the nursing home in state court following the resident’s death,
even though a clause in the nursing home admission agreement required
2The FAA provides,
A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such contract or transaction, or the
refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable, and
enforceable, save upon such grounds as exist at law or in equity for the
revocation of any contract.
9 U.S.C. § 2 (2012).
[M]any—if not all—federal and state courts have held that nursing home
residency contracts similar to the one at issue here implicate interstate
commerce and the FAA. Generally, these holdings center on a common
theme: nursing home residency contracts usually entail providing
residents with meals and medical supplies that are inevitably shipped
across state lines from out-of-state vendors.
Dean v. Heritage Healthcare of Ridgeway, LLC, 759 S.E.2d 727, 732 (S.C. 2014).
Given that the arbitration agreement at issue indisputably
involves commerce and that Arbor Brook is subject to federal regulation
and control, we conclude that the FAA applies to the arbitration
agreement Plaintiff signed as a mandatory condition of nursing home
admission.
Strausberg v. Laurel Healthcare Providers, LLC, 304 P.3d 409, 417 (N.M. 2013). In the
present case, it is undisputed that Good Samaritan procures medical equipment and
supplies from a number of out-of-state sources and receives approximately half its
income from the Medicare and Medicaid programs.
19
arbitration of disputes. Id. at ___, 132 S. Ct. at 1202–03, 182 L. Ed. 2d
at 44. The Supreme Court of Appeals of West Virginia declined to enforce
the arbitration clauses, holding that
as a matter of public policy under West Virginia law, an
arbitration clause in a nursing home admission agreement
adopted prior to an occurrence of negligence that results in a
personal injury or wrongful death, shall not be enforced to
compel arbitration of a dispute concerning the negligence.
Id. at ___, 132 S. Ct. at 1203, 182 L. Ed. 2d at 45 (quoting Brown ex rel.
Brown v. Genesis Healthcare Corp., 724 S.E.2d 250, 292 (W. Va. 2011)).
The United States Supreme Court granted the nursing home’s
petition for certiorari and vacated the state supreme court’s decision in a
per curiam opinion. Id. at ___, 132 S. Ct. at 1204, 182 L. Ed. 2d at 46.
Specifically, it held that
West Virginia’s prohibition against predispute agreements to
arbitrate personal-injury or wrongful-death claims against
nursing homes is a categorical rule prohibiting arbitration of
a particular type of claim, and that rule is contrary to the
terms and coverage of the FAA.
Id. at ___, 132 S. Ct. at 1203–04, 182 L. Ed. 2d at 45 (citing inter alia
Concepcion and Preston); see also Mastrobuono v. Shearson Lehman
Hutton, Inc., 514 U.S. 52, 56, 115 S. Ct. 1212, 1215–16, 131 L. Ed. 2d
76, 83–84 (1995) (FAA preempts state law requiring judicial resolution of
punitive damage claims); Southland Corp. v. Keating, 465 U.S. 1, 10, 104
S. Ct. 852, 858, 79 L. Ed. 2d 1, 12 (1984) (FAA preempts state statute’s
bar on arbitration of claims brought under that statute).
Marmet Health heightens our doubts as to the constitutionality of a
construction of Iowa Code section 613.15 that would require all
consortium claims to be resolved in a judicial forum. Such an outcome
would result in “a categorical rule prohibiting arbitration of a particular
type of claim,” and would appear to trigger FAA preemption. See Weaver
20
v. Doe, 371 P.3d 1170, 1177 (Okla. Civ. App. 2016) (applying Marmet
Health and ordering arbitration of a personal injury claim against a
nursing home notwithstanding a provision of the Oklahoma Nursing
Home Care Act that rejected arbitration of such claims); Fredericksburg
Care Co., L.P. v. Perez, 461 S.W.3d 513, 528 (Tex. 2015) (ordering
arbitration of a wrongful-death claim against a nursing home after
finding that a Texas statute limiting arbitration of claims against health
care providers was preempted by the FAA).
Nonetheless, we do not find the Roth children’s consortium claims
subject to arbitration under the facts certified to us. These claims belong
to the adult children, and they never personally agreed to arbitrate. See
Order Certifying Questions at 6 (“The Roth children are correct that none
of them signed the arbitration agreement in their individual capacities or
otherwise agreed to arbitration of their individual claims.”). While loss-
of-consortium claims under Iowa Code section 613.15 could be subject to
arbitration, a decedent’s arbitration agreement alone is an insufficient
basis for this outcome.
We reach this conclusion for several reasons. First, it bears
emphasis that the child owns the cause of action and the personal
representative is “merely the conduit, the nominal plaintiff,” when
bringing the child’s consortium claim under Iowa Code section 613.15.
See Beeck, 359 N.W.2d at 487; see also Christy, 692 N.W.2d at 706. The
purpose for this arrangement is simply “to reduce a multiplicity of suits
and the possibility of double recovery.” Beeck, 359 N.W.2d at 487; see
also Christy, 692 N.W.2d at 705–06. Hence, as noted, we have
previously held that the child’s statute of limitations, not the personal
representative’s, applies to consortium claims. Christy, 692 N.W.2d at
706. We have also accepted that this rule “may result in a child’s claim
21
being prosecuted independently.” Id. As we have noted in a different
setting, “[T]he substantive rights of a plaintiff can be at stake through the
application of a statute of limitations.” Rucker v. Taylor, 828 N.W.2d
595, 603 (Iowa 2013). Accordingly, we do not allow the identity of the
nominal plaintiff to define substantive rights when it comes to the statute
of limitations for consortium claims.
The FAA too has been viewed as substantive law. It “rests on the
authority of Congress to enact substantive rules under the Commerce
Clause.” Southland Corp., 465 U.S. at 11, 104 S. Ct. at 858, 79 L. Ed. 2d
at 12. It is “a body of federal substantive law.” Moses H. Cone Mem’l
Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24, 103 S. Ct. 927, 941, 74
L. Ed. 2d 765, 785 (1983). Given the FAA’s status as substantive law, it
seems quite wrong that an adult child could be bound to that body of law
absent his or her agreement, simply because the adult child’s claim is
routed procedurally through a different party. This, in our view,
confuses substance with procedure. See Mission Residential, LLC v.
Triple Net Props., LLC, 654 S.E.2d 888, 891 (Va. 2008) (finding that a
claim filed by a member of a limited liability company on behalf of the
LLC was not subject to the member’s arbitration agreement because the
member was only a “nominal plaintiff” bringing suit on behalf of the
LLC).
Second, even if we held that consortium claims brought by a
personal representative were subject to the decedent’s arbitration
agreement, the children would have an easy way to avoid arbitration.
Under Nelson, if “the statutory plaintiff has already commenced an action
omitting the claims of a child,” the child may bring the consortium claim
directly. 368 N.W.2d at 146. So, in the future, lawyers could sidestep
arbitration simply by the expedient of filing a wrongful-death claim
22
without including any consortium claim, then later filing a consortium
action in court naming the children as plaintiffs. Normally, we don’t
interpret our law as endorsing rules that can be easily circumvented.
Third, in jurisdictions where the wrongful-death claim belongs to
the survivors but is brought by the personal representative, courts
regularly hold that the decedent’s arbitration agreement does not lead to
arbitration of the wrongful-death case. Here, the situation is somewhat
analogous: Under Iowa law, one party owns the claim, but a different
party gets to file it.
For example, Ohio courts hold that a personal representative is not
bound to arbitrate a wrongful-death claim despite a decedent’s
arbitration agreement because “[a] decedent cannot bind his or her
beneficiaries to arbitrate their wrongful-death claims.” Wolcott, ___
N.E.3d at __, 2016 WL 1178579, at *2 (alteration in original) (quoting
Peters v. Columbus Steel Castings Co., 873 N.E.2d 1258, 1259 (Ohio
2007)). In Ohio, the personal representative is just the “nominal party”
bringing the claim. Id. (quoting Peters, 873 N.E.2d at 1259). So too in
Kentucky. See Ping, 376 S.W.3d at 598, 599 (noting that in Kentucky,
the wrongful-death cause of action is “prosecuted by the personal
representative” but “accrues separately to the wrongful death
beneficiaries and is meant to compensate them for their own pecuniary
loss”). Likewise in Oklahoma. See Boler, 336 P.3d at 476 (noting that a
wrongful-death action is “maintained by the personal representative of
the deceased person” but “[t]he amounts recovered are distributed to
those designated [survivors] as specified in the statute”). Similarly, in
Washington, although the personal representative is “the exclusive
statutory agent to bring the wrongful death claims on behalf of the
heirs,” no benefits flow to the estate and the decedent’s arbitration
23
agreement therefore has no effect. Woodall, 231 P.3d at 1258–59; see
also Estate of Decamacho, 316 P.3d at 614 (finding not arbitrable “the
wrongful death claim[] brought by [the personal representative] on behalf
of herself, Ramiro Camacho, and Candelario Camacho”); Norton, 783
S.E.2d at 440–41; Carter, 976 N.E.2d at 355–56; FutureCare NorthPoint,
143 A.3d at 212–13 We think the same principle applies here, and the
nominal plaintiff status of the administrator or executor is not enough to
compel arbitration of claims owned by the adult children and not by the
estate.
As the certifying federal district court observed, we have in the past
characterized the loss of consortium cause of action as “derived” and not
“independent.” Roquet by Roquet, 436 N.W.2d at 47. But it is important
to note the context in which these terms were used. We meant that the
consortium cause of action is derived from a statute, not that it is
derivative of the decedent’s rights and therefore subject to the decedent’s
litigation-related agreements. See id. (stating that “this cause of action
was derived from Iowa Code section 613.15”). For all these reasons, we
determine that under Iowa law, adult children’s loss-of-consortium
claims are not arbitrable just because the wrongful-death action is
otherwise arbitrable.
B. Second Certified Question: Does the Fact That a Deceased
Parent’s Estate’s Claims Are Subject to Arbitration Establish That It
Is Impossible, Impracticable, or Not in the Best Interest of the
Decedent’s Adult Children for the Decedent’s Estate to Maintain
Their Claims for Loss of Parental Consortium? In light of our answer
to the previous question, this question has become moot.
24
IV. Conclusion.
We have answered the certified questions as set forth above for the
reasons stated and return this case to the United States District Court
for the Northern District of Iowa for further proceedings consistent with
this opinion.
CERTIFIED QUESTIONS ANSWERED.
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318 B.R. 1 (2003)
In re SPOOKYWORLD, INC., Debtor.
Spookyworld, Inc., Appellant,
v.
Town of Berlin, Town of Berlin Fire Department, Asst. Fire Chief Duncan Baum, Building Inspector Lawrence Brandt, Town of Berlin Board of Selectmen, Selectmen Valary Bradley, Phillip Bartlett, and David Marble, Appellees.
No. CIV.A. 01-40179-NMG.
United States Bankruptcy Court, D. Massachusetts.
January 23, 2003.
Gary S. Brackett, Brackett & Lucas, Worcester, MA, Adam J. Brand, Peter J. Camp, Brand & Associates, Wellesley, MA, for Berlin, Town of, David Marble, Duncan Baum, Lawrence M. Brandt, Phillip Bartlett, Robert Tervo, Valary Bradley, Appellees.
Stephen J. Gordon, Stephen Gordon & Associates, Worcester, MA, for Spookyworld Inc., Appellant.
MEMORANDUM AND ORDER
GORTON, District Judge.
The appellant, Spookyworld, Inc. ("Spookyworld"), appeals the August 2, 2001 Order of the Bankruptcy Court which entered summary judgment in favor of the appellees, Town of Berlin, Town of Berlin Fire Department, Asst. Fire Chief Duncan Baum, Building Inspector Lawrence Brandt, Town of Berlin Selectmen Valary Bradley, Phillip Bartlett and David Marble (collectively, "Appellees").
I. Factual Background
Spookyworld, the plaintiff below, is a Massachusetts corporation which operates an amusement park in the Town of Berlin during the month of October each year. It employs more than 500 employees and operates various Halloween haunted houses and amusement rides.
On September 30, 1998, the Town of Berlin Building Inspector, Lawrence M. Brandt, issued certificates of inspection to Spookyworld. One week later Brandt rescinded the certificates for two buildings at Spookyworld, the Simonini House of Horror and the Haunted Mine Shaft, because Spookyworld had failed to install fire sprinklers on those premises. Spookyworld immediately appealed the rescission but failed to close the allegedly unsafe buildings. The Town filed a complaint in state court seeking a temporary restraining order ("TRO") as well as monetary *2 damages. The state court granted injunctive relief.
In response, Spookyworld filed for bankruptcy protection under Chapter 11 in an effort to continue operations by virtue of the automatic stay. Spookyworld continued to operate but Town officials arrived at the premises on Saturday, October 17, 1998 and insisted on the closure of the buildings. When Spookyworld refused the Town threatened to arrest the violators of the TRO, whereupon Spookyworld ceased operations.
The following week Spookyworld, pursuant to the automatic stay provisions of the Bankruptcy Code, requested the United States Bankruptcy Court to enjoin the Town from continuing to seek relief in state court. The Bankruptcy Court declined to hear the issue on the merits, citing its lack of jurisdiction under the Rooker-Feldman doctrine, which precludes lower federal courts from reviewing state court decisions. Thereafter, the state court converted the TRO into a preliminary injunction order and the two subject buildings did not reopen that year.
Spookyworld subsequently filed adversary proceedings against Appellees alleging that they 1) violated the automatic stay provisions of 11 U.S.C. § 362, 2) violated its due process and equal protection rights under 42 U.S.C. §§ 1983 and 1985 and M.G.L. c. 12, §§ 11H and I, 3) defamed it, and 4) interfered with its contractual and prospective business relations. Appellees filed a motion to withdraw the reference on February 23, 1999, which this Court allowed on April 14, 1999 on the condition that all pretrial matters be resolved in the Bankruptcy Court pursuant to MLBR 9015-1(c).
Appellees thereafter moved for summary judgment in the Bankruptcy Court on all of Spookyworld's claims. On August 2, 2001, the Bankruptcy Court entered summary judgment for appellees on Spookyworld's core bankruptcy claim that they had violated the automatic stay provisions of 11 U.S.C. § 362.[1] The Bankruptcy Court also submitted to this Court findings of fact and conclusions of law in support of its recommendation that summary judgment be granted on the remainder of Spookyworld's non-core bankruptcy claims.
Spookyworld timely appealed the Bankruptcy Court's proposed findings of fact and conclusions of law on the non-core claims and entry of summary judgment in favor of Appellees on the core claim. On December 19, 2001 this Court, after de novo review, accepted and adopted the Bankruptcy Court's findings of fact and conclusions of law in support of its recommendation that summary judgment be granted on the remainder of Spookyworld's non-core bankruptcy claims (Case No. 99-40033-NMG, Docket No. 8). Spookyworld's appeal from the Bankruptcy Court's entry of summary judgment on the core bankruptcy issue of whether Appellees violated the automatic stay provisions of 11 U.S.C. § 362 is all that remains for this Court to decide.
II. Analysis
A. Standards of Review
1. District Court Review of Bankruptcy Court Orders
This Court reviews de novo the Bankruptcy Court's rulings of law. In re LaRoche, 969 F.2d 1299, 1301 (1st Cir.1992).
*3 2. Summary Judgment Standard
The Bankruptcy Court below granted summary judgment in favor of the Appellees. The role of summary judgment is "to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Mesnick v. General Elec. Co., 950 F.2d 816, 822 (1st Cir.1991) (quoting Garside v. Osco Drug, Inc., 895 F.2d 46, 50 (1st Cir.1990)). The burden is upon the moving party to show, based upon the pleadings, discovery and affidavits, "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c).
Once the moving party has satisfied its burden, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine, triable issue, Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986), which exists only when the non-moving party provides evidence "such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
The Court must view the entire record in the light most hospitable to the non-moving party and indulge all reasonable inferences in that party's favor. O'Connor v. Steeves, 994 F.2d 905, 907 (1st Cir.1993). If, after viewing the record in the non-moving party's favor, the Court determines that no genuine issue of material fact exists, summary judgment is appropriate.
B. Corporations Have No Claim Under 11 U.S.C. § 362(h).
Spookyworld seeks damages for Appellees' alleged violation of the automatic stay under 11 U.S.C. § 362(h), which provides that,
[a]n individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorney fees, and, in appropriate circumstances, may recover punitive damages.
Appellees assert several grounds for summary judgment on this claim, the first of which disposes neatly of Spookyworld's claim for damages. They argue that only an individual, not a corporation, may recover damages under § 362(h) for willful violation of the automatic stay and that, therefore, Spookyworld, undisputedly a corporation, is not entitled to relief under that section. That argument is well-taken and the Bankruptcy Court's allowance of summary judgment will be affirmed on that basis.[2]
The Courts of Appeals have split on the question of whether the reference in § 362(h) to an "individual," which the Bankruptcy Code ("the Code") does not define, includes corporations. The Second, Eighth, Ninth and Eleventh Circuits have held that corporations cannot recover under that section. See In re Just Brakes Corporate Sys., Inc., 108 F.3d 881, 884 (8th Cir.1997); In re Jove Eng'g, Inc. v. I.R.S., 92 F.3d 1539, 1550 (11th Cir.1996); In re Goodman, 991 F.2d 613, 619 (9th Cir.1993); In re Chateaugay Corp., 920 F.2d 183, 185 (2d Cir.1990). The Third and Fourth Circuits have held that corporations can recover under § 362(h). See In *4 re Atl. Bus. & Cmty. Corp., 901 F.2d 325, 329 (3d Cir.1990); Budget Serv. Co. v. Better Homes of Va., Inc., 804 F.2d 289, 292 (4th Cir.1986). The apparent trend is to hold that a corporation does not qualify as an "individual" within the meaning of § 362(h). In fact, since the Second Circuit first held in 1990 that a corporation is not an "individual" no circuit court addressing the question for the first time has held otherwise. See Just Brakes, 108 F.3d at 884; Jove, 92 F.3d at 1550; Goodman, 991 F.2d at 619.
The First Circuit Court of Appeals has yet to address the issue but district and bankruptcy courts in this Circuit have held that corporations have no claim for relief under § 362(h). See, e.g., In re A & J Auto Sales, 223 B.R. 839, 844 (D.N.H.1998) (affirming bankruptcy court's decision holding that § 362(h) does not allow a corporate debtor to recover damages caused by a willful violation of the automatic stay); In re Shape, Inc., 135 B.R. 707, 708 (Bankr.D.Me.1992) (holding that § 362(h) does not allow a corporate debtor to recover damages caused by a willful violation of the automatic stay); In re American Chem. Works Co., 235 B.R. 216, 220 (Bankr.R.I.1999) (same).
The courts which have found § 362(h) inapplicable to corporate debtors logically begin their analysis with a plain meaning approach to the text of the statute. See, e.g., Just Brakes, 108 F.3d at 884-84; Jove, 92 F.3d at 1550-52; Chateaugay, 920 F.2d at 184-86; see also United States v. Ron Pair Enters., 489 U.S. 235, 240-41, 109 S.Ct. 1026, 103 L.Ed.2d 290 (1989) ("[A]s long as the statutory scheme is coherent and consistent, there generally is no need for a court to inquire beyond the plain language of the [Code].").
In Ron Pair, the Supreme Court held that when interpreting the Bankruptcy Code, courts should determine the plain meaning of the statutory language. Ron Pair, 489 U.S. at 242, 109 S.Ct. 1026. The plain meaning of the language used is "conclusive," except in rare cases not applicable here. Id. The plain meaning of the word "individual" does not ordinarily include a corporation. Jove, 92 F.3d at 1550-51 (citing Webster's New Collegiate and Black's Law dictionaries). Thus, corporations such as Spookyworld presumptively are not entitled to relief under § 362(h).
Interpreting "individual" in § 362(h) to exclude corporations is "coherent and consistent" with the rest of the Code and there is thus no need "to inquire beyond the plain language of the statute." Ron Pair, 489 U.S. at 240-41, 109 S.Ct. 1026. In fact, it is clear that Congress intended the plain meaning to control. First, the definitional provision of the Code, § 101, contains at least 67 detailed definitions, yet "individual" is not among them. 11 U.S.C. § 101. Had Congress intended "individual" to include entities not contemplated within its plain meaning, surely it could have made that clear. But see Better Homes, 804 F.2d at 292 ("[I]t seems unlikely that Congress meant to give a remedy only to individual debtors . . . as opposed to debtors which are corporations. . . . ").
Second, the term "person" is defined to include "individual, partnership, and corporation." 11 U.S.C. § 101(41). This is a clear implication that corporations do not fall within the discrete category of "individuals," whatever they may be. See Jove, 92 F.3d at 1551; Chateaugay, 920 F.2d at 184. Similarly, some provisions of the Code treat "persons" and "individuals" differently. See Chateaugay, 920 F.2d at 184 (citing § 109, which applies in some circumstances to "persons" and in others to "individuals").
*5 Third, the Code defines the term "corporation" in part as an "association having a power or privilege that a private corporation, but not an individual or partnership, possesses." 11 U.S.C. § 101(9)(A)(9)(i) (emphasis added). It would be internally inconsistent to read "individual" as including corporations when the Code clearly defines corporations as having powers and privileges that individuals do not.
Fourth, the Code defines a "relative" as an "individual related by affinity or consanguinity within the third degree as determined by the common law, or [an] individual in a step or adoptive relationship within such third degree." 11 U.S.C. § 101(45) (emphasis added). Surely a corporation cannot be, as can individuals, related by affinity or consanguinity or exist within a step or adoptive relationship. See Chateaugay, 920 F.2d at 184-85.
Based on the foregoing analysis, this Court concludes that § 362(h) does not authorize corporations to seek damages for willful violations of the automatic stay provisions of § 362. Summary judgment against Spookyworld was therefore properly entered because it is undisputed that Spookyworld is a corporation.
C. Conclusion
Because Spookyworld, as a corporate debtor, is not entitled to damages under § 362(h) regardless of whether Appellees violated the stay, and because Spookyworld does not request injunctive relief in connection with its allegation that Appellees violated the automatic stay provision of the Code, there is no genuine issue of material fact that precludes this Court from affirming the Bankruptcy Court's entry of summary judgment in Appellees' favor.
ORDER
For the foregoing reasons, the August 2, 2001 order of the Bankruptcy Court entering summary judgment in favor of Appellees is AFFIRMED.
So ordered.
NOTES
[1] In their motion for summary judgement, Appellees argued that the automatic stay issue is a non-core claim but they did not appeal the Bankruptcy Court's finding to the contrary and Spookyworld's appeal does not raise that issue. For purposes of this appeal, therefore, this Court treats as conclusive the Bankruptcy Court's finding that the stay issue is a core claim.
[2] Although the Bankruptcy Court did not consider that argument, this Court is not bound by the rationale of the Bankruptcy Court and may affirm the judgment below on any valid basis for which there is support in the record. Cf. Ross-Simons of Warwick, Inc. v. Baccarat, Inc., 217 F.3d 8, 10 (1st Cir.2000) (stating the foregoing proposition in connection with the appellate court's review of a district court decision).
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Bike lights have a lot of problems. Because they're usually detachable, they're easily stolen. Because they're easily stolen, they've been designed as low-cost, disposable plastic widgets. Most of all, they're a pain to put on and remove. Blink/Steady's Ben Cohen calls it the "bike light dance," which consists of "finding it in your bag, clicking it into place, turning it on, and then repeating with your front light."
The Blink/Steady bike light, our Kickstarter of the Week, aims to change all that. It's an elegant aluminum-bodied LED that packs a whole lot of cleverness into an often overlooked part of the cyclist's experience.
Here's how it works: You install it on your seat post. When you ride at night, it turns itself on. When you stop, it stops. Steve Jobs was obsessed with one-button design. This is no-button design.
Blink Steady knows when it's dark and turns itself on and off.
The Blink/Steady has an accelerometer inside that responds to 1.5G of acceleration – "a small bump, or regular bike acceleration," says Cohen. Once you've woken it up, any amount of movement keeps the light awake, so you'll stay lit-up if you're waiting at an intersection. When you lock up, the light remains on for 30 seconds and then shuts itself off.
There's also a photosensor that can tell if it's day or night, saving battery life when it's light out. "The photo sensor is tuned so that headlights don't trick it into thinking it's daytime," says Cohen.
It's harder to steal, too. The seat post passes through the Blink/Steady's ring, so the seat would have to be removed and the light unscrewed with a wrench (there's a Torx screw option for added security) to get it off – not worth the hassle. Plus, the minimalist aluminum body acts as camouflage. "It's not a big red thing on the back of your bike and it just blends in with the rest of your components," says Cohen.
You attach the Blink/Steady to your seat post using a screw (Allen wrench included)
The team put a lot of consideration into the blinking pattern. "Often blink patterns are a trade off for battery life with 'visibility', and visibility isn't actually directly correlated to the duration or frequency of each 'blink'," Cohen says. His team identified the pattern that offered the best energy efficiency and visibility. And if you'd rather have a steady beam, just flip the light over and it'll stay steady. Simple.
Unlike many lights which take coin batteries, the Blink/Steady takes a pair of garden variety AAAs, meaning you can pick up replacements anywhere. Not that you'll need to, thanks to the light's efficiency.
Flip the light over to choose between blink and steady modes. Rendering by Factice Studio
"We've simplified the interaction down to just riding your bike as usual without having to think about it," says Cohen, "Most bike lights are not very well made .... We can do better."
The aluminum parts will be machined at a CNC shop in Brooklyn. All other parts will be sourced in the US. Find out more at the official site. You can pre-order your own Blink/Steady by backing the project on Kickstarter.
All images courtesy of Blink/Steady |
Towamensing Historical Commission considers renovating 1-room school
Monday, June 11, 2012
By ELSA KERSCHNER ekerschner@tnonline.com
Lana and Susan Kuehner, owners of the Greenzweig One-Room School, asked if the Towamensing Historical Commission wanted to take it over. At the June 7 supervisors' meeting Karl Rolappe, president, said he had been out to check the condition and found it solid. Inside, it is nearly perfect, said Mary Beth Beers, commission member.
The only thing not considered safe is the steps.
Supervisor Guy Seifert said he has slate and can repair the roof. It should have shutters. Some windows were broken by vandals.
"I'd like to get the community behind it. Moving forward, we want to raise money. I think we should adopt it and look for grants," Rolappe said.
Seifert asked if the commission wants to get title to the property.
He said they were looking at a 99-year lease. Glenn Beers said they should lease the land but take over ownership of the school. If, in 99 years, a future owner wants to break the lease instead of renewing it, the commission could move the school.
There were questions about use of the school and maintenance. Supervisors want hard numbers concerning mainteanance.
Rolappe said they need the township as a participant because it is a landmark structure. Paul Hoppel, another commission member, is strongly behind it.
It was built in 1892 at a cost of $700. They are to get estimates for repair based on a worst-case scenario. Even if some work is done by volunteers, the costs will be needed to apply for grants.
Solicitor Tom Nanovic is to provide legal costs.
The ramp built at a cost exceeding $9,000 and used by the county to dump recycled paper into a container has been closed since the county refused to help pay the cost. The verbal agreement with the county was made by a previous supervisor.
"We had a special meeting that ended the use and cut our losses," said Supervisor Tom Newman. Seifert called it an expensive learning experience.
Supervisor Penny Kleintop urged people to continue bringing their recyclable materials to the township.
Prior to the regular meeting a conditional use hearing was held for Keith and Janine Hahn, 6285 Pohopoco Drive. They want to buy 13 acres and asked for a hearing to decide if they could keep horses on the property.
Several neighbors came to the hearing with questions about drainage and an increased number of animals. The Hahns also have four dogs which did not figure into the hearing. The neighbors contended they did not want to find themselves living next to a farm.
A letter from Roy Christman said that horses are quiet and produce little odor.
The conditional use was approved with a limitation of five horses and six chickens.
In other business:
ŸPenn Forest Township had asked in May if Towamensing was willing to vacate its portion of Old Forest Inn Road. After checking the amount of money received from the state it was decided to retain it as a road because they would lose $1,200 annually.
ŸFire Chief Wayne Knirnschild said broken pieces of paving are being thrown onto the grass at the firehouse and are hit my mowers. The roadmaster will check it.
ŸZoning officer Christine Meinhart found concerns with the wind turbine ordinance amendment. She talked with Uniform Construction Code inspector Carl Faust who agreed with her. One item of concern was the level of noise.
ŸA previously approved conditional use for Dipu Prasao of Lower Towamensing Land Company was signed.
ŸWilliam Acierno was given the oath of office as a member of the zoning hearing board.
ŸOne bid was received from R.F. Ohl for diesel and heating oil: 18,000 gallons of diesel at a cost of $3.491 per gallon and 2,000 gallons of heating oil at a cost of $3.415 per gallon.
ŸRoadmaster Scott Mosier reported Tom Costenbader of the road crew has returned to a previous job. An advertisement will be placed for a full-time replacement with CDL license and able to pass a physical.
Ÿ Pipes on Summer Mountain Road and a bridge on Hemlock Street need replacement. Getting permits for each job will be a long-term project. Seifert made a motion to have Engineer Ron Tirpak of Carbon Engineering look at the pipe project and give a "rudimentary" estimate on the bridge.
Ÿ A report on fire calls was given to the township. Towamensing, like other fire companies, is always looking for volunteers.
Ÿ Two township residents were inducted into the Carbon County Sports Hall of Fame: William "Bill" Piper and Jim Hay. |
Q:
unable to modify specific column in mysql table
I seem to be having an issue when updating records on a specific table.
For reference here is an example of the query that throws an error:
UPDATE `dbname`.`tblname` SET `CustomerID` = '543' WHERE `tblname`.`Issue_ID` = 440
I am able to insert, delete and query rows, as well as update other columns however whenever trying to update the CustomerID field (int, non-null) it throws an error saying:
#1054 - Unknown column 'Revision' in 'field list'
I have all rights to both the database and table however while trying to update the CustomerID column on any rows, ever when Revision isn't even in the query I get the same error.
I looked around a great deal into the issue using a regex in my php code to remove all non-printable characters however even when running the query from phpMyAdmin the same error is thrown.
If anyone has insight into this error it would be greatly appreciated.
Table description:
A:
You may possibly encounter this if you have an update trigger firing off which is referencing a column that does not exist. May be the offending trigger is not even trying to read/write to this table! As such, that column may not exist where it is trying to reference it. Further, you could kick off a cascade of such triggers, and have this buried more than one layer deep.
To show triggers:
http://dev.mysql.com/doc/refman/5.7/en/show-triggers.html
To modify them:
http://dev.mysql.com/doc/refman/5.7/en/trigger-syntax.html
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Effects of MCI-154 on calcium sensitivity of contractile system and calcium release from sarcoplasmic reticulum in saponin-skinned rat myocardium.
To explore the possible mechanisms underlying the positive inotropic effect of MCI-154. Skinned fibers with disrupted or preserved sarcoplasmic reticulum (SR) were prepared by saponin 500 or 50 mg.L-1. The tension-pCa relationship and pCa50 of saponin (500 mg.L-1)-skinned fibers were taken as the indices of Ca2+ sensitivity of contractile proteins. The amplitude of caffeine-induced contracture was an index of Ca2+ release from SR in saponin (50 mg.L-1)-skinned fibers. 1) MCI-154 (0.1 mmol.L-1) showed a Ca2+ sensitizing effect on contractile proteins. The pCa50 was increased to 5.84 (5.54-6.14) compared with control value 5.54 (5.30-5.79) (P < 0.01, n = 8). Hill coefficient n was decreased by 0.29 (P < 0.01, n = 8); 2) No contracture was produced by MCI-154 in preparations with preserved SR. Caffeine-induced contracture before and after MCI-154 treatment were not changed (P > 0.05, n = 4). MCI-154 directly enhances the Ca2+ sensitivity of contractile protein but has little effect on Ca2+ release from SR in rat skinned cardiac fibers. |
Q:
How to get the checked boxes with link_to into params?
I have a Rails 5.2.1 app with Movies and Categories. They are connected to one another through a has_and_belongs_to_many relation with a join table.
Trying to do the following: on the index page for Movies, I want to filter the collection of movies that is shown by checking Category check boxes. I can properly show check boxes for the Categories, but I'm having a hard time getting the information about what check boxes are checked into the params.
/ rails_app/app/views/movies/index.html.slim
h1 Listing movies
= collection_check_boxes(@movies, :category_ids, Category.all, :id, :name) do |box|
= box.check_box
= box.label
= link_to 'Filter movies on category', params.permit!.merge(filter: :category_ids)
table
/ table with movies that will be filtered
These :category_ids seem to be wrong. Is it possible to somehow get at the check box results in this way (for further filtering with query string parameters)? Am I missing something, e.g. in my controller?
# rails_app/app/controllers/movies_controller.rb
class MoviesController < ApplicationController
def index
@movies = Movie.all
end
...
def movie_params
params.require(:movie).permit(:name, :rating, category_ids: [])
end
end
The above is an example app, generated with some scaffolds and a few edits:
rails generate scaffold category name:string
rails generate scaffold movie name:string rating:integer
rails generate migration CreateJoinTableMoviesCategories movie category
bin/rails db:migrate RAILS_ENV=development
-> add has_and_belongs_to_many :movies to Category class
-> add has_and_belongs_to_many :categories to Movie class
-> add category_ids: [] to movie_params in Movie class
A:
try this and see if it works for you.
View:
/ rails_app/app/views/movies/index.html.slim
= form_for :movie do |f|
= f.collection_check_boxes(:category_ids, Category.all, :id, :name) do |box|
= box.check_box
= box.label
= f.submit
/ table with movies that will be filtered
Controller:
# rails_app/app/controllers/movies_controller.rb
class MoviesController < ApplicationController
def index
@movies = if params[:movie]
Movie.joins(:categories).where(categories: { id: params[:movie][:category_ids] })
else
Movie.all
end
end
...
Essentially, wrapping the checkboxes inside a form, then tweak index action when filter params exists.
Note: I'm not familiar with slim syntax, so tweak it if you get syntax error :).
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Description
Hangjiao 5 Helix Nubula
杭椒辣椒 is a C. Annuum variety
In 1987 Jiang Xingcun, a scientist with the Chinese Academy of Sciences, discovered that sending vegetable seeds including chilli seeds into space can increase the mutation rates by hundreds of times. This method resulted in increased size of the chillies and improved yield. The reason for the space programs were to find a solution on how to feed China’s growing population. Since that time, China has sent more than 400 plant seed species to space.
The Hangjiao no 5 is also known as 杭椒辣椒 ‘Helix Nubula’. It is an amazing looking chilli variety and it grows to about 60-70 cm in a pot. The pods are huge, up to 20 cm long and 4 cm wide. Some are straight and others curls. |
Oakland coffee shop not playing nice with cops
"Hasta Muerte" Coffee opened its doors in the Fruitvale neighborhood last November but as of late, has been getting attention for who isn't welcomed. (KGO-TV)
KGO
By Carlos Saucedo
Saturday, March 10, 2018
OAKLAND, California --
If you have sworn an oath to protect and serve, then you better go elsewhere for your cup of coffee. That's the message to uniformed police officers from a California coffee shop that's getting backlash over its controversial stance.
Hasta Muerte Coffee opened its doors in Oakland last November but as of late, has been getting attention for who isn't welcomed.
"They have the right to refuse service or serve anybody in their community," said customer Michael Muscadian.
What the coffee shop stands for can be interpreted as anti-police.
"Hasta Muerte" - Spanish for "until death" - posted a message on its Instagram page that translates to "talk with your neighbors, not the police." Oakland PD's logo is also crossed off.
This was posted right after an Oakland police sergeant went in and was refused service in mid-February.
The news isn't sitting well with other business owners in the neighborhood.
"For them, to refuse service to a police officer from our community is totally outrageous," said Jose 'Cheo' Ortiz, owner of nearby La Perla restaurant. "He's a great officer, a great man and he's all about community. For him to come and introduce himself to a new business and receive that treatment is not acceptable."
Our sister station KGO-TV tried getting a comment from Hasta Muerte but was turned away.Kashif Assad is a friend of the owners and even helped launch their grand opening. He said their refusal to serve officers is more about taking a stance against police brutality.
"All they do is harm and threaten people and harass people," said Asaad.
Soon after the incident, the Oakland Police Officers Association sent the coffee shop a letter, expressing a desire to talk. The sentiment shared by Oakland councilman Noel Gallo.
"I know we may have some personal situations but I can tell you that the police officers, the majority are good individuals," said Gallo.
The Oakland Police Officers Association has yet to get a response to their letter. |
Professionals in various fields such as medical imaging, biology and civil engineering require rapid access to huge amounts of pixmap image data files. Today""s acquisition devices such as video cameras, still image cameras, medical image scanners, desktop scanners, graphic arts scanners are able to generate huge quantities of pixmap image data. However, existing desktop computers and workstations do not offer sufficient storage bandwidth and processing capabilities for fast browsing and zooming in large pixmap images stored on disks and for applying geometric transformations and image processing operations to large image files. Pixmap image data has to be stored, made accessible and processed for various purposes, such as fast interactive panning through large size images, image zooming For displaying large size images in reduced size windows, image browsing through sequences of independent images, access to video sequences and sound streams, extraction and transformation of given image parts.
File data may consist of 2-dimensional images (for example aerial photographs), 3-dimensional images (for example tomographic scans, video sequences, sets of 2-dimensional images), or one-dimensional data of a specific media (for example sound, text, graphics). File data further comprises compressed images, compressed sound or compressed text. File data also comprises one dimensional, 2-dimensional and 3-dimensional arrays of elements which are of different nature but can be assimilated to arrays of pixels.
Various configurations of prior art computers and disks can be used for storing pixmap images and multiple media data. Single disk systems are too slow to provide the bandwidth necessary for fast browsing through large images or for accessing high-quality video image streams. Disk arrays such as redundant arrays of inexpensive disks, known as RAID systems [ECHEN90], can be used to increase the data bandwidth between mass storage and CPU, but a single CPU driving a disk array does not offer sufficient processing power to apply the image access and processing operations required for example for panning with a limited size visualization window through large images, for displaying reduced views of large images in limited size visualization windows or for applying transformations to given image parts.
The presently invented multiprocessor-multidisk storage server presents a cheaper and more powerful alternative for storage and processing of large files such as 2-d and 3-d pixmap image files, video sequences, sound, text and compressed media data (images, video, sound and text). It may be used as a local network server, as an ATM broadband ISDN server, as a powerful backend server of a host computer or as a storage server For a parallel system.
For the description of the invention, the following terminology is used. The invented server architecture has been created primarily for the storage of image data. Therefore, the underlying parallel file system is explained by showing how image files are stored and accessed. Nevertheless, the concept is more general, and data files which are not images can also be stored, accessed and processed on the invented storage server. The meaning of pixels is generalized to information elements composed of a given number of bytes. The meaning of pixmap images is generalized to arrays of information elements. Furthermore, the concept of pixmap images, which is generally used in the context of 2-dimensional arrays of pixels, is generalized to the third dimension. A 3-dimensional pixmap image is therefore defined as a 3-dimensional array of pixels. Pixels are represented by at least one byte. Data files of any kind may be segmented into extents, extents being one-dimensional for one-dimensional files, 2-dimensional for 2-dimensional files and 3-dimensional for 3-dimensional files. Extents are the parts of a file which may be striped onto different disks at file storage time. Data files include the data as well as metadata associated with the file. For example, an image file includes pixmap image data and metadata specifying various characteristics of the image file, such as its size in each dimension, the size of its extents in each dimension and its colour palette. The metallic of a compressed image file may also contain a table giving the effective size in bytes of each compressed extent.
Accessing rectangular windows from large image files is a frequent operation. image windows are defined as rectangular windows containing an integer number of pixels in each dimension. Image window boundaries may be located at any pixel boundary. When an image file is segmented into extents, aligned image windows are defined as the subset of windows whose boundaries coincide with extent boundaries;.
File storage and access operations are used as a general term for accessing file data. Such accesses comprise data access to image file windows useful for panning purposes and subsampling operations useful for producing scaled-down rectangular image windows displayable in reduced size visualization windows. Both image file window data extraction and subsampling operations require processing power, given in the present apparatus by the parallel processing power of disk node processors which are described in more detail below.
Prior art methods of storing and accessing large sets of pixmap image files are based on high-performance workstations accessing arrays of disks. They do not offer the means to control the distribution of image file parts onto the disks. Furthermore, the workstation""s CPU does not offer sufficient processing power to scale down large image files at high-speed in order to display them in limited size visualization windows or to apply to them geometric transformations such as rotations. The presently invented data storage apparatus is based on disk nodes, each disk node being composed by one processor electrically connected to at least one disk. An array built of such closely coupled processor-disk nodes offers both high disk throughput and highly usable parallel processing power. The invented parallel file storage and access method described below provides efficient distribution of files onto disks and high-speed access to requested file windows.
The present invention concerns a parallel multiprocessor-multidisk storage server which offers low delays and high throughputs when accessing one-dimensional and multi-dimensional file data such as pixmap images, text, sound or graphics. Multi-dimensional data files such as 3-d images (for example tomographic images), respectively 2-d images (for example scanned aerial photographs) are segmented into 3-d, respectively 2-d file extents, each extent possibly being stored on a different disk. One-dimensional files (for example sound or text) are segmented into one-dimensional extents.
The invented parallel multiprocessor-multidisk storage server may be used as a server offering its services to a computer to which it is connected, to client stations residing on a network to which it is connected, or to a parallel host system to which it is connected.
The parallel storage server comprises
(a) a server interface processor interfacing the storage system with a host computer, with a network or with a parallel computing system;
(b) an array of disk nodes, each disk node being composed by one processor electrically connected to at least one disk;
(c) an interconnection network for connecting the server interface processor to the array of disk nodes.
The parallel storage server runs a server interface process expecting serving requests from client processes, a file server process and extent server processes responsible for data storage and access as well as additional processes responsible for geometric transformations and image processing operations, for creating redundancy files and for recovering files in cases of single disk crashes.
The storage server is based on a parallel multi-dimensional file storage system. This file storage system incorporates a file server process which receives from the storage server interface process file creation, file opening, file closing and file deleting commands. It also incorporates extent serving processes which receive from the file server process commands to update directory entries and to open existing files and receive from the server interface process commands to read data from a file or to write data into a file. It further incorporates operation processes responsible for applying in parallel geometric transformations and image processing operations to data read from the disks. It also incorporates redundancy file creation processes responsible for creating redundant parity extent files for selected data files.
When acting as a host backend server, as a network server or as a parallel computer storage server, the server interface process running on the server interface processor receives data access and processing requests, interprets them and decomposes them into file level requests (for example creation, opening, reading, writing and deleting) or into file operation requests (for example geometric transformations, image processing operations). In the case of read requests, the file system interface library decomposes these requests into extent read requests and transmits them to the extent server processes. It waits for the required extent data from the disk nodes, assembles it into the required data window and transmits it to the server interface process which forwards the data to the client process located on the client computer.
When attached to a parallel host system, the storage server made of intelligent disk nodes interacts directly with host processes running on the parallel system. Host processes may simultaneously access either different files or the same file through the file system interface libraries and ask for arbitrarily sized data windows.
Extent serving processes running on disk node processors are responsible. For managing the free blocks of their connected storage devices, for maintaining the data structure associated with the file extents stored on their disks, for reading extents from disks, For writing extents to disks, and for maintaining a local extent cache offering fast access to recently used data. At image access time, extent server processes are responsible for accessing extents covered by the required visualization window, extracting the visualization window""s content and sending the extent windows to the storage server interface processor. In the case of a zooming operation, the extent server processes subsample the original data in order to produce an image at the required reduced disk. Disk node processors may run slave operation processes used for applying geometric transformations such as rotations or other image processing operations to locally retrieved image parts.
The invented parallel file storage server distinguishes itself From the prior art by the Following features:
(1) its file storage system runs on a multiprocessor-multidisk platform and offers 2-d and 3-d image storage and access services requiring simultaneous disk accesses and processing operations such as high-speed panning and zooming in sets of large images;
(2) it comprises information about file sizes in each dimension, about how files are segmented into 1-dimensional, 2-dimensional or 3-dimensional extents and about how extents are distributed on a subset of the available disks;
(3) it provides library procedures for parallel application of geometric transformation and processing operations to data striped on multiple disks;
(4) disk node processors combine parallel file extent accesses from disks and application of the required geometric transformation and processing operations.
The invented parallel file storage server if Further characterized by the Following Features:
(1) it offers services for creating multidimensional (1-d, 2-d, 3-d) image and multiple media Files in addition to conventional files;
(2) it comprises a file server process responsible for global operations such as file creation, file opening and file deleting;
(3) it comprises extent server processes responsible for accessing extents stored on their local disks, for managing a local extent cache and for interacting with the file server to create or delete directory entries;
(4) it comprises operation processes running on disk node processing units capable of applying geometric transformations or image processing operations in parallel to image parts read from the disks, thereby speeding up processing time by a significant Factor;
(5) it comprises redundancy file creation processes capable of generating redundancy Files From given data files;
(6) it comprises a recovery process capable of recovering files in cases of single disk crashes.
The invented parallel image and multiple media server offers the following advantages over the prior art:
(1) disk node processing units are located close to the disks enabling disk file accesses and processing operations to be closely combined (for example pipelined);
(2) the number of disk node processing units and of disks attached to each disk node processing unit can be independently chosen and adapted to the requirements of an application;
(3) due to the fact that the parallel server knows about the dimensionality of an image file and about its access patterns (i.e. for example access to rectangular windows in large image files) and that the parallel file system supports multi-dimensional files segmented into multi-dimensional extents, it is able to segment the file into extents in such a way that file parts are accessed on a multiprocessor-multidisk system in a more efficient way than with a conventional file system using a RAID disk array as its storage device;
(4) Since extents of compressed image files are independently compressed and since the parallel file system supports the storage of extents having a variable size within the same file the advantages mentioned in point (3) apply in the case of compressed image files. |
Selective protection of methionine enkephalin released from brain slices by enkephalinase inhibition.
Methionine enkephalin release was evoked by depolarization of slices from rat striatum with potassium. In the presence of 0.1 microM thiorphan [(N(R,S)-3-mercapto-2-benzylpropionyl)glycine], a potent inhibitor of enkephalin dipeptidyl carboxypeptidase (enkephalinase), the recovery of the pentapeptide in the incubation medium was increased by about 100 percent. A similar effect was observed with the dipeptide phenylalanylalanine, a selective although less potent enkephalinase inhibitor. Inhibition of other known enkephalin-hydrolyzing enzymes--aminopeptidase by 0.1 mM puromycin or angiotensin-converting enzyme by 1 microM captopril--did not significantly enhance the recovery of released methionine enkephalin. These data indicate that enkephalinase is critically involved in the inactivation of the endogenous opioid peptide released from striatal neurons. |
Polymeric based absorbent article and compositions, such as gels are generally known in the art. A first example of this is set forth in the coating composition of Schottman et al., U.S. 2003/0203991, which is applied as a hydrophilic coating to medical devices and which consists of an aqueous polymeric matrix, a hydrophilic polymer, a colloidal metal oxide and a cross linker.
Singh Kainth et al., U.S. 2008/0058747, teaches an absorbent article having a top sheet, a back sheet and an absorbent core, the core having layers of superabsorbent material and at least one of which includes substantially fluff. Laumer et al., U.S. 2006/0173431, similarly teaches an absorbent article with a fluid pervious topsheet, a fluid impervious backsheet and an absorbent core again including a superabsorbent material including a base polymer having a surface coating incorporating a poly-ammonium carbonate.
Azad et al., U.S. Pat. No. 7,396,584, teaches a cross-linked polyamine coating applied to superabsorbent gels. The gels include superabsorbent particles, each with a shell incorporating a cationic polymer cross linked by the addition of a cross-linker and adhered to a hydrogel forming polymer obtainable by applying a coating solution containing both a cationic polymer and cross linker, the hydro-gel forming polymer having a residual water content of less at 10 w %.
Herfert et al., U.S. 2009/0204087, teaches superabsorbent polymer particles having superior gel integrity, absorption capacity, and peremeability. Also disclosed is a method of producing the superabsorbent polmer particles by applying a polyamine coating to the particles. Finally, each of U.S. Pat. Nos. 5,314,420, 5,399,591, 5,451,613 and 5,462,972, all to Smith et al., teach variations of a superabsorbent polymer exhibiting improved absorption under pressure and fast absorption rate. These include such as providing a solution containing a carboxylic acid monomer or water soluble salt along with a cross linking agent or blowing agent. In given applications, the polymer is subsequently treated with a surface cross-linking agent. |
John 162-192--Calliandra californica (Baja Fairy Duster)--9 June 2007-1
Calliandra californica—Baja fairy duster. I'm uncertain if this plant makes it into the California Floristic Province. I do have another photo of the species in habitat at a location that must be near the southern border of the province. This specimen has been growing in a sunny, well-protected spot on the west side of our home since the late 1990s. It blooms every year. Photographed at a private garden in Berkeley, CA
Done |
Tag: Master Key
Fictional character Kevin Butler is the Sony PS3 spokesperson of sorts – which might lead you to believe that given Sony’s recent sue-a-thon against anyone even daring to mention the hallowed hex digits of the Master Key (Thanks, GeoHot!) – it could, and I’m not an expert, but it could, be a construed as a bad idea for whatever PR firm behind his twitter account (TheKevinButler) to re-tweet said hacked PS3 Master Key.
Which when used correctly will make a PS3 think it’s running legitimate, signed code as opposed to homebrew or warez. |
body{
font-size:12px;
word-break:break-all;
word-wrap:break-word;
background-color:#F2F3F7;
min-width:800px;
}
input::-webkit-input-placeholder {
color: #cccccc!important;
font-weight: normal;
font-size: 12px;
}
input{
-webkit-box-shadow: none!important;
box-shadow: none!important;
}
.form-control[readonly]{
cursor: pointer;
background: #ffffff;
}
.btn{
border-radius: 3px;
}
.btn-group > .btn{
border:0px!important;
border-radius: 0px!important;
}
.btn-group > .btn-default:hover {
color: #ffffff;
}
/***project-user样式***/
.true-class{
color:#000000;
background-color: #dff0d8;
}
.false-class{
color:#999999;
background: #dddddd;
}
/**火狐红色边框**/
input:required:invalid, input:focus:invalid, textarea:required:invalid, textarea:focus:invalid{box-shadow: none;}
table{
font-size:12px;
font-weight:normal;
color:#666;
}
html,body{
height: 100%;
width: 100%;
}
blockquote{
padding-left:10px;
}
.pager-sm li > a, .pager-sm li > span {
padding: 1px 8px;
background-color: #ffffff;
border: 1px solid #dddddd;
font-size:12px;
border-radius: 10px;
}
/***默认颜色**/
.def-bg{
background:#DDDDDD;
}
.light-bg{
background:#f9fafc;
}
.search-input:focus{
opacity:1!important;
}
.search-section:hover .search-button{
opacity:0.8!important;
}
/*****新版首页******/
.dashboard{
background: rgba(255,255,255,0.2);
color: #ffffff;
line-height: 20px;
}
/*****登录框*******/
.login{
position: relative;
width: 400px;
margin-left: auto;
margin-right: auto;
}
/*** 头像**/
.avatar{
width:40px;
height:40px;
border-radius: 50%;
margin-left:-50px;
display: block;
float:left;
}
/*****左边菜单*****/
.left-menu-border-top{
border-top: 1px solid #888!important;
}
/********前端显示最小宽度*************/
.container-fluid{min-width: 770px;}
.navbar-inverse{min-width: 770px;border:0px!important;}
.container{min-width: 770px;}
/********文档页面，图片居中显示********/
#fade{
opacity: 0.5;
position: fixed;
top: 0;
bottom:0px;
right: 0;
left: 0;
background-color: #000000;
z-index:999;
display: none;
}
#passwordDiv{
z-index:10001;
position:fixed!important;
}
/************登录********************/
#remberPwd .lab{
padding-top:3px;
margin-right:10px;
font-family: "Helvetica Neue", Helvetica, Arial, sans-serif;
}
#remberPwd .active{
color:#fff;
background-color:#6f5499;
border-color: #563d7c;
}
.input-wrapper{
position: relative;
border-bottom: 1px solid #eee;
margin-left:-15px;
margin-right:-15px;
}
.input-wrapper:first-child {
border-top: 1px solid #eee;
}
.input-wrapper input {
padding: 10px 8px;
height: 48px;
width: 100%;
font-size: 16px;
line-height: 18px;
color: #999999;
border: 0;
outline: 0;
box-sizing: border-box;
}
.input-wrapper .imgCode{
position: absolute;
top: 0;
right: 10px;
bottom: 0;
margin: auto;
height: 30px;
border-radius: 4px;
overflow: hidden;
cursor: pointer;
}
/************添加参数*****************/
#editParamTable input,#editParamTable select,#content input, #editHeaderTable select,
#editResponseParamTable input,#editResponseParamTable select,.tableInupt input{
border: 1px solid #DDD;
-webkit-box-shadow: none;
box-shadow: none;
}
#eparamRemarkTable input,#eparamRemarkTable select{
padding:5px 5px;
height:25px!important;
font-size:12px!important;
}
/***************接口详情页面*************/
.interface-detail{
color:#555;
}
.interface-detail div{
color:#000;
margin-bottom:10px;
margin-top:30px;
font-size:14px;
font-weight: bolder;
}
.interface-detail .code {
font-size: 12px;
color: #595959;
border: 1px dashed #cecfcf;
background-color: #f5f6f7;
padding: 6px 12px;
margin-top: 10px;
margin-bottom: 10px;
}
.interface-detail blockquote{
line-height:10px;
padding-left:10px;
font-size:12px;
}
.code pre{
border:0px;
color: #595959;
font-family: Tahoma,"SimSun"!important;
font-weight:100;
line-height: 24px;
font-size: 12px;
white-space: pre-wrap;
word-wrap: break-word;
}
/***************************/
#go_top{
position: fixed;
bottom:30px;
right:30px;
height:46px;
width:46px;
background: #000000;
background: rgba(0, 0, 0, 0.8);
}
.notice{
background-color: rgba(253, 245, 154, 0.3);
color:rgba(239, 118, 65, 0.73);
}
.text-error {
position: relative;
border: 1px solid red;
font-size: 12px;
text-align: center;
background: #ffebe8;
color: #333333;
-moz-border-radius: 3px;
-webkit-border-radius: 3px;
border-radius: 3px;
-khtml-border-radius: 3px;
padding: 2px;
line-height: 26px;
width: 100%;
}
.text-success {
position: relative;
border: 1px solid green;
font-size: 12px;
text-align: center;
background: #dff0d8;
color: #333333;
-moz-border-radius: 3px;
-webkit-border-radius: 3px;
border-radius: 3px;
-khtml-border-radius: 3px;
padding: 2px;
line-height: 26px;
width: 100%;
}
#editForm table td{
padding:6px 8px;
}
#editForm table .form-control{
padding: 8px 12px;
}
.modal-body .container{
max-width:100%;
}
/************bug状态按钮***********/
.bug-status-0, .bug-status--1, .bug-status--2, .bug-status--3, .bug-status--4{
color: #555555; border-color: #999999; background-color: #eeeeee;
}
.bug-status-0:hover, .bug-status--1:hover, .bug-status--2:hover, .bug-status--3:hover, .bug-status--4:hover{
color: #555555!important; border-color: #999999; background-color: #eeeeee; opacity: 0.8;
}
.btn-GET, .btn-inter-1,
.bug-status-10, .bug-status-11, .bug-status-12{
color: #ffffff; border-color: #5cb85c; background-color: #5cb85c;
}
.btn-GET:hover, .btn-inter-1:hover,
.bug-status-10:hover, .bug-status-11:hover, .bug-status-12:hover{
color: #ffffff!important; border-color: #5cb85c; background-color: #5cb85c; opacity: 0.8;
}
.btn-inter-2, .bug-status-20{
color: #ffffff; border-color: #5bc0de; background-color: #5bc0de;
}
.btn-inter-2:hover,
.bug-status-20:hover{
color: #ffffff!important; border-color: #5bc0de; background-color: #5bc0de; opacity: 0.8;
}
.bug-status-21, .bug-status-22{
color: #ffffff; border-color: #eea236; background-color: #f0ad4e;
}
.bug-status-21:hover, .bug-status-22:hover{
color: #ffffff!important; border-color: #eea236; background-color: #f0ad4e; opacity: 0.8;
}
.btn-POST, .btn-inter-3, .bug-status-23{
color: #ffffff; border-color: #f82c1d; background-color: #f82c1d;
}
.btn-POST:hover, .btn-inter-3:hover, .bug-status-23:hover{
color: #ffffff!important; border-color: #f82c1d; background-color: #f82c1d; opacity: 0.8;
}
.btn-purple, .bug-status-30, .bug-status-31{
color: #ffffff;
background-color:#6f5499;
}
.btn-purple:hover,
.bug-status-30:hover, .bug-status-31:hover{
color: #ffffff!important;
background-color: #563d7c;
opacity: 0.8;
}
.btn-blue {
color: #ffffff;
background-color:#1b809e;
}
.btn-blue:hover{
color: #ffffff!important;
background-color: #137491;
opacity: 0.8;
}
/********** 颜色 ************/
.bug-default{
color: #555555;
}
.bug-default:hover{
color: #555555!important;
border-color:#555555;
opacity: 0.8;
}
.bug-priority-1, .bug-severity-4{
color: #999999;
}
.bug-priority-1:hover, .bug-severity-4:hover{
color: #999999!important;
border-color:#999999;
opacity: 0.8;
}
.bug-priority-2, .bug-severity-3{
color: #5bc0de;
}
.bug-priority-2:hover, .bug-severity-3:hover{
color: #5bc0de!important;
border-color: #5bc0de;
opacity: 0.8;
}
.bug-priority-3, .bug-severity-2{
color: #eea236;
}
.bug-priority-3:hover, .bug-severity-2:hover{
color: #eea236!important;
border-color: #eea236;
opacity: 0.8;
}
.bug-priority-4, .bug-severity-1{
color: #f82c1d;
}
.bug-priority-4:hover, .bug-severity-1:hover{
color: #f82c1d!important;
border-color: #f82c1d;
opacity: 0.8;
}
.navbar-fixed-top {
border: 0;
}
/*******************left**********************/
.nav-face{
height:40px;
}
.panel-info{
color:#939da8;
margin:0px -20px;
background-color:transparent!important;
}
.panel-heading{
color:#DDD!important;
padding:0px!important;
background:#999999!important;
}
.panel-heading .badge{
background-color: #B768A5!important;
}
.panel-heading a,.panel-heading .a{
padding:10px 15px;
width:100%;
display:inline-block;
color:#FFF!important;
text-decoration: none;
}
.panel-body a{
width:100%;
display:inline-block;
padding-top:10px;
padding-bottom:10px;
padding-left:30px;
color: #555;
}
.searchInput {
display:inline-block!important;
height:23px!important;
}
/******************searchView
#searchView{
display:none;
position:fixed;
top:100px;
width:400px;
height:100px;
margin:0 auto;
z-index:1051;
background: rgba(255, 255, 255, 0.4);
}****************/
/*****************pick***************************/
.iactive{
font-weight:bold;
}
.pickActive{
font-weight:bold;
}
.pickSelect{
background:#DDD;
font-weight:bold;
}
#pickContent div:hover{
background:#DDD;
}
.separator{
border:0px;
margin-top:10px;
font-size:12px;
margin-bottom:10px;
text-align: left;
}
/*****************加载浮层***************************/
.folat{
display:none;position:fixed;top:0px;left:0px;right:0px;bottom:0px;
z-index:1060;
background: rgba(0, 0, 0, 0.1);
padding-top:20%; text-align:center;
}
.float-close{
position: absolute;
top: 20px;
right: 20px;
font-size: 30px;
cursor: pointer;
color:red;
}
.look-up {
position: absolute;
top: 40%;
left: 35%;
background: #000000;
background: rgba(0, 0, 0, 0.2);
display: none;
height: 100px;
width: 500px;
padding: 1px;
}
#lookUp{
z-index: 1061;
}
.look-up-content {
position: relative;
background: #FDFDFD;
width: 100%;
height: 100%;
padding: 10px;
padding-top: 15px;
overflow: auto;
}
.look-up .i-close {
position: absolute;
top: 8px;
right: 10px;
font-size: 14px;
cursor: pointer;
color:#999;
}
.look-up .i-full {
position: absolute;
top: 12px;
right: 42px;
font-size: 14px;
cursor: pointer;
color:#999;
}
#myDialog{
color: #fff;
z-index: 1051;
background-color: #888;
}
#pickTip {
position: absolute;
top: 4px;
right: 0px;
left: 0px;
background: rgba(0, 0, 0, 0.5);
height:36px;
line-height:36px;
padding-left:30px;
color:#fff;
font-weight:bold;
font-size: 18px;
cursor: pointer;
display:none;
}
.look-up .text-success {
font-weight: bold;
font-size: 14px;
}
.look-up .i-close:hover {
color: #B20000;
}
.look-up .i-full:hover {
color: #B20000;
}
/*******************End:left**********************/
/*@media (min-width: 768px) {*/
/*}
@media (max-width: 767px) {
.sidebar {
position:relative;
margin-top:-50px;
z-index: 1000;
display: block;
padding: 20px;
overflow-x: hidden;
overflow-y: auto; /* Scrollable contents if viewport is shorter than content.
background-color: #333;
border-right: 1px solid #eee;
}
} */
/*
* Main content
*/
#context {
height:100%;
min-width:100%;
}
/***************妯℃�佹*****************/
.modal-header {
color: #fff;
background-color: #888;
}
@media (max-width: 767px) {
}
/*************loading************/
.sk-wave {
margin: 40px auto;
width: 50px;
height: 40px;
text-align: center;
font-size: 10px; }
.sk-wave .sk-rect {
height: 100%;
width: 6px;
display: inline-block;
-webkit-animation: sk-waveStretchDelay 1.2s infinite ease-in-out;
animation: sk-waveStretchDelay 1.2s infinite ease-in-out; }
.sk-wave .sk-rect1 {
-webkit-animation-delay: -1.2s;
animation-delay: -1.2s; }
.sk-wave .sk-rect2 {
-webkit-animation-delay: -1.1s;
animation-delay: -1.1s; }
.sk-wave .sk-rect3 {
-webkit-animation-delay: -1s;
animation-delay: -1s; }
.sk-wave .sk-rect4 {
-webkit-animation-delay: -0.9s;
animation-delay: -0.9s; }
.sk-wave .sk-rect5 {
-webkit-animation-delay: -0.8s;
animation-delay: -0.8s; }
@-webkit-keyframes sk-waveStretchDelay {
0%, 40%, 100% {
-webkit-transform: scaleY(0.4);
transform: scaleY(0.4); }
20% {
-webkit-transform: scaleY(1);
transform: scaleY(1); } }
@keyframes sk-waveStretchDelay {
0%, 40%, 100% {
-webkit-transform: scaleY(0.4);
transform: scaleY(0.4); }
20% {
-webkit-transform: scaleY(1);
transform: scaleY(1); } }
/************ 首页背景 ********/
.circular{
position: absolute;
opacity: .3;
border-radius: 50%;
z-index: 1;
}
.circular-1{
width: 78px;
height: 78px;
left: 160px;
top: 108px;
background: linear-gradient(-90deg,#00d5c8,#00b481);
}
.circular-2{
width: 60px;
height: 60px;
left: 260px;
top: 260px;
background: linear-gradient(0deg,#FF6400,#ffee80);
}
.circular-3{
width: 135px;
height: 135px;
right: 432px;
top: 50px;
background: linear-gradient(0deg,#ff5a25,#ff005a);
}
.circular-4{
width: 25px;
height: 25px;
right: 278px;
top: 41px;
background: linear-gradient(-90deg,#bd4c86,#c864ae);
}
.circular-5{
width: 30px;
height: 30px;
right: 100px;
top: 100px;
background: linear-gradient(-90deg, #bd4c86, #c864ae);
}
.circular-6{
width: 90px;
height: 90px;
right: 0px;
top: 95px;
background: linear-gradient(-90deg,#271e5b,#0d76ef);
} |
The top image is just one of ten related images that are included in this set. The other 9 are shown below. All are created to work against a black top area/table cell.
Click corresponding buttons on the right to purchase
Please read the terms of use so you know which version is right for you.
Web-ready JPEG header graphic: $15 for a set of 10
These graphics will be emailed in a zip file containing 10 individual jpeg files. Note that the free top header graphic from this set is not included with the jpeg files beause it is available for download on this site.
Photoshop 7 (PSD) layered file header graphic: $30 for a set of 10
These graphics will be emailed in a zip file containing one Photoshop 7 layered document which contains all 10 individual sets of images. This allows for greater flexibility of blending and combining images and layers to create hybrid top headers. BONUS: The PSD file will also contain the layered version of the free top header graphic from this set! :) |
Q:
Problems with json string at d3.js
Some js:
var cityDivisionJSON = '[\
{"city":"Челябинск","percentage":"66.67"},\
{"city":"Аша","percentage":"16.67"},\
{"city":"Бакал","percentage":"16.67"},\
{"city":"Верхний Уфалей","percentage":"0"},\
{"city":"Еманжелинск","percentage":"0"},\
{"city":"Златоуст","percentage":"0"},\
{"city":"Карабаш","percentage":"0"},\
{"city":"Карталы","percentage":"0"},\
{"city":"Касли","percentage":"0"},\
{"city":"Катав-Ивановск","percentage":"0"},\
{"city":"Коркино","percentage":"0"},\
{"city":"Куса","percentage":"0"},\
{"city":"Кыштым","percentage":"0"},\
{"city":"Магнитогорск","percentage":"0"},\
{"city":"Миасс","percentage":"0"},\
{"city":"Миньяр","percentage":"0"},\
{"city":"Нязепетровск","percentage":"0"},\
{"city":"Сатка","percentage":"0"},\
{"city":"Сим","percentage":"0"},\
{"city":"Снежинск","percentage":"0"},\
{"city":"Трехгорный","percentage":"0"},\
{"city":"Троицк","percentage":"0"},\
{"city":"Усть-Катав","percentage":"0"},\
{"city":"Чебаркуль","percentage":"0"},\
{"city":"Южноуральск","percentage":"0"},\
{"city":"Юрюзань","percentage":"0"}\
]';
root=JSON.parse(cityDivisionJSON);
var arcs=group.selectAll(".arc")
.data(pie(data))
.enter()
.append("g")
.attr("class","arc")
.on("mouseover",toggleArc)
.on("mouseleave",toggleArc)
.append("path")
.attr("d",arc)
.attr("fill",function(d){return color(d.data.percentage);});
group
.append("circle")
.style("fill","white")
.attr("r",radius-20);
It says: data is not defined
A:
root = JSON.parse(cityDivision);
var arcs= d3.selectAll(".arc")
.data(pie(root))
.enter()
You don't have data variable anywhere, that's why .data(pie(data))
gives you error that data is undefined.
Replace it with .data(pie(root)).
Similarly in d3.js, there is no group.selectAll. Instead use d3.selectAll().
This should fix your issues
|
tag:blogger.com,1999:blog-7265642488189189603.post8872813735865890612..comments2017-08-06T12:22:55.839-03:00Comments on exp etc: exp etc to be resurrected!Exp/etchttp://www.blogger.com/profile/07658000528264100032noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-7265642488189189603.post-76572656986755877752016-06-26T08:49:23.105-03:002016-06-26T08:49:23.105-03:00Glad to see you back dear friend !Glad to see you back dear friend !Chocorevehttps://www.blogger.com/profile/07675866523479345019noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-9240573345790864712016-01-28T13:04:56.024-02:002016-01-28T13:04:56.024-02:00hope so!hope so!Barbatruco Produccioneshttps://www.blogger.com/profile/13140607497480282372noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-89790410266757210882016-01-08T15:48:03.785-02:002016-01-08T15:48:03.785-02:00Good news! ThxGood news! ThxTChttps://www.blogger.com/profile/09037539896195114284noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-26642248488359455562016-01-08T12:12:44.043-02:002016-01-08T12:12:44.043-02:00Graças a Deus!! you guys are the best. xx IngridGraças a Deus!! you guys are the best. xx IngridUnknownhttps://www.blogger.com/profile/13082039026304394502noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-80539967494540450932016-01-05T11:27:38.965-02:002016-01-05T11:27:38.965-02:00:D:DCłeister Arøwleyhttps://www.blogger.com/profile/02566109735687028135noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-7886847361782069452016-01-03T15:34:47.071-02:002016-01-03T15:34:47.071-02:00WORD UPWORD UPthe static fanatichttps://www.blogger.com/profile/13656419601334751156noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-6622837231473077782016-01-03T15:08:58.151-02:002016-01-03T15:08:58.151-02:00Great! :)Great! :)beetorhttps://www.blogger.com/profile/10907419810448439476noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-21270177541133119812016-01-03T04:27:13.389-02:002016-01-03T04:27:13.389-02:00At last.At last.Raggedy Manhttps://www.blogger.com/profile/10894595471008843029noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-73218507015413043272016-01-02T15:22:04.702-02:002016-01-02T15:22:04.702-02:00indeed we do.indeed we do.teifidancerhttps://www.blogger.com/profile/14476044378212084216noreply@blogger.comtag:blogger.com,1999:blog-7265642488189189603.post-35886339358339935842016-01-02T15:03:01.186-02:002016-01-02T15:03:01.186-02:00We wait!We wait!svyazalamuzykahttps://svyazalamuzyka.wordpress.com/noreply@blogger.com |
Updated, 7:23 a.m.
Good morning on this Good Friday.
Many New Yorkers will don their Sunday best this weekend for Easter.
That means bonnets.
Not so much those traditional ones with a strap pulled under one’s chin, but creative, fashion-forward Easter hats, which we found at Harlem’s Heaven Hats this week.
The shop, which has been in the neighborhood for 26 years, specializes in so-called church hats: from small and simple pieces to hats with brims so wide “you can barely get through the doorway,” said Evetta Petty, the owner and milliner.
“Here in New York, people are wearing whatever is high-fashion to church now,” she told us. “It’s not really just what would traditionally be a church hat. It has definitely evolved.” |
#CHIPSEC: Platform Security Assessment Framework
#Copyright (c) 2019, Intel Corporation
#
#This program is free software; you can redistribute it and/or
#modify it under the terms of the GNU General Public License
#as published by the Free Software Foundation; Version 2.
#
#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.
#
#You should have received a copy of the GNU General Public License
#along with this program; if not, write to the Free Software
#Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA.
#
#Contact information:
#chipsec@intel.com
#
import os
import sys
cwd = os.path.abspath(os.getcwd())
options_file = os.path.join(cwd, 'options.rst')
if not os.path.isfile(options_file):
sys.exit(255)
with open(options_file, 'r') as f:
lines = f.readlines()
new_lines = []
new_lines.append('::\n')
new_lines.append('\n')
for line in lines:
if '--' in line and line.lstrip().find('--') != 0:
slice_location = line.find('--')
new_lines.append(' {}\n'.format(line[:slice_location]))
new_lines.append(' {}'.format(line[slice_location:]))
else:
new_lines.append(' {}'.format(line))
new_lines.append('\n')
with open(options_file, 'w') as f:
f.writelines(new_lines)
sys.exit(0)
|
Historical comparison of prophylactic ganciclovir for gastrointestinal cytomegalovirus infection in kidney transplant recipients.
Cytomegalovirus (CMV) can cause morbidity in kidney transplant recipients. The gastrointestinal (GI) tract is a major target for CMV disease. The aim of this study was to evaluate the benefit of ganciclovir prophylaxis on GI CMV infection in intermediate-risk CMV seropositive transplant recipients. Since January 2009, intravenous ganciclovir (5 mg/kg, twice daily) was administered for 14 days after kidney transplantation in 41 patients. The historical control group consisted of 45 patients who received kidney transplantations between January 2007 and December 2008. To evaluate the effects of prophylaxis on GI CMV infection, we performed routine endoscopic examinations with mucosal biopsies at the time of transplantation as well as 1, 3, and 6 months thereafter. The average age of the 86 studied patients was 43.7 ± 10.6 years (range = 14-63) and the male-to-female ratio 1:1.3. Forty-three (50%) patients underwent deceased donor transplantations and 84 (97.7%) patients were CMV seropositive at that time. The incidence of GI CMV infection was significantly lower among the prophylaxis than the historical control group (24.4% vs 48.9%, P = .026). Patient age, numbers of deceased donors, and tacrolimus trough levels at 1 and 3 months posttransplant were significantly lower in the prophylaxis than the historical control group. Logistic regression analysis revealed ganciclovir prophylaxis to be the only significant risk factor for GI CMV infection. Prophylactic treatment with ganciclovir decreased the incidence GI CMV infection among seropositive kidney transplant recipients. |
Last season, the Arizona Diamondbacks unveiled a new uniform collection that was understandably met with mixed reviews.
Remember the mean tweets the team read regarding them? Good times, good times.
The team is not making any sweeping changes to its look, but it appears they have made some small tweaks some of the threads.
Halle-freakin'-lujah: No more blood-soaked pants this year for the Diamondbacks. Old version on left, new on right. pic.twitter.com/Ayj9olldCY — Paul Lukas (@UniWatch) March 17, 2017
Color change this season for the lettering on the back of the Diamondbacks' primary road jersey. Old version left, new on right. pic.twitter.com/sBWCcAfCjo — Paul Lukas (@UniWatch) March 17, 2017
Back lettering on Dbacks' teal-trimmed road alternate was black w/ teal outlining. Colors now reversed. Old design on left, new on right. pic.twitter.com/eBGoBvgGJ9 — Paul Lukas (@UniWatch) March 17, 2017
Front number on Dbacks' teal-trimmed road alternate had been black w/ teal outlining. Colors now reversed. Old design on left, new on right. pic.twitter.com/617hlJni0B — Paul Lukas (@UniWatch) March 17, 2017
Of all the complaints the uniforms received, the pattern on the lower part of the pants and then the gray alternate seemed to get the brunt of the criticism. A darker shade of the color (we hear there are 50 shades of it these days?) than any other in MLB, it seemed to catch people by surprise.
The Diamondback's uniforms make them look like futuristic maintenance men working on a trash truck in space. pic.twitter.com/hZ3eompYvy — Rob Lowe (@RobLowe) April 12, 2016
For what it’s worth, the D-backs new they were being a bit bold when they unveiled their new look, and sometimes risks do not turn out the way you had hoped. That they were willing to concede that some changes were needed should be seen as a positive, though it’s possible that had you not read this story, you may not have even noticed.
But if you’re already feeling nostalgic for the old new uniforms, check out this slideshow from when they were first unveiled: |
Q:
Abundant numbers list in Python
Working in python I need to return a list of the first n abundant numbers in ascending order. An abundant number is an integer that is less than the sum of its perfect divisors. For example, 12 is an abundant number because its perfect divisors (1, 2, 3, 4, and 6) add up to 16.
The function abundant(n) should return a list containing exactly the first n abundant numbers in ascending order. For example, abundant(7) would return a list with the first seven abundant numbers.
I have tried to use:
def abundant(n):
def factors(value):
factors = [x for x in range(1, value + 1 // 2 + 1) if value % x == 0]
return factors
if sum(factors) > value:
return value
abundant = factors()
return abundant[:n]
A:
I'm not an expert in python, but I'd recommend a for loop, so:
# From 1 to 10
n = 0
for i in range(10):
n = n + 1
abundant(n)
Hope this helps!
|
The real divide on guns is between those who believe there's a natural right to defend oneself and those who don't.
CNN hosted an anti-gun rally “townhall” yesterday featuring freshly grieving children and parents from Parkland High who aimed their ire at the NRA, politicians who are peripherally associated with the NRA and anyone who didn’t say exactly what they wanted to hear. It was an event where a Parkland student could compare Marco Rubio to a mass murderer and question whether NRA spokeswoman Dana Loesch truly cares about her children without ever being challenged.
Between all the demonizing, heckling, sophistry, gaslighting, platitudes and emotional appeals, members of the crowd — people who should never be the target of conspiracy theories or ad hominem attacks, but who shouldn’t be exempted from a real debate, either — booed a rape survivor’s story and cheered at the idea of banning “every semiautomatic rifle in America.” Maybe someone will ask them if they support banning every semiautomatic in America, period, since the latter is responsible for the preponderance of gun homicides. One death is too many, after all.
Whatever the case, these young people are about to be hit by a harsh reality, because banning semiautomatic rifles or handguns is not only impractical (there are probably over 5 million AR-15s in circulation alone; and semiautomatics constitute the majority of modern guns) and not only likely unconstitutional (the Supreme Court has found that weapons “in common use by law-abiding citizens” are protected) but, for many millions of Americans who worry about the Second Amendment, also highly undesirable.
Yet a star-studded line-up of liberals, many of whom are funding the activism of Parkland students with big checks, cheered with them. Do they all agree that every semiautomatic rifle in America should be banned? Do they agree that anyone who supports legal semiautomatic rifles has “blood on their hands?” Someone with access should ask.
What we do know is that the entire liberal political class couldn’t stop praising the activism and lack of “cynicism” displayed by these kids (a selective admiration reserved for those who coincidentally align with their positions.) The kids were indeed earnest, even if they were generally uneducated about gun laws, legal process, and the underpinning of the Second Amendment — which is to be expected. Those who use them as political shields, on the other hand, are cynical. Those who put them on TV to participate in a national Airing of Grievances are cynical. Those who point to bodies of victims and argue that every American who refuses to accept the Left’s framing of the issue are the ones that deserve contempt.
What we’ve learned from the events of the past few days is that most liberals are uninterested in a holistic answer to school shootings — a unique problem detached from general violent crime, rates of gun ownership, region or age. While there is no cure-all, a mix of improved background checks, a better reporting system, better law enforcement reaction to threats, more community involvement, and mental health reform could lower the number of shootings. Pulling back from the massive wall-to-wall coverage, which probably helps glorify these shooters for the next madman, might also help.
Yet as far as I can tell, banning or inhibiting gun ownership seems to be the only answer for the Left.
For instance, while we can never truly quantify how many shooters are dissuaded by new laws or restrictions, we do know some mass shooters can be stopped by armed Americans. It happens all the time. Why shouldn’t teachers and others who have a constitutional right to protect their homes and families do the same for their students? The dismissive, sneering reaction to that idea by most of the media and Democrats was telling. Now, I understand some Americans don’t want to send their kids to schools with armed teachers. That should be their choice. But the idea that a trained concealed-carrier or guard couldn’t possibly stop or mitigate the damage done by a mass shooter defies reality.
So a real divide exists in America. Not between those who want to “do something” and those who don’t, but between those who believe there is a natural right to own and defend oneself with a weapon — preferably a semiautomatic weapon — and those who do not. The latter position seemed to be prevalent among the young people at the town hall, and certainly among their cheering section. While I feel great sorrow for these kids, and worry about my own, I have no moral duty to be on their side politically.
More immediately, events like the CNN’s town hall go a long way in convincing gun owners that gun control advocates do have a desire to confiscate their weapons. They can’t confiscate weapons right now, so they support whatever feasible incremental steps are available to inch further toward that goal. We don’t know how this plays out in the long run. In the short run, though, it does nothing to stop the next school shooting. |
package rocks.inspectit.ui.rcp.formatter;
import java.text.DateFormat;
import java.text.DecimalFormat;
import java.text.SimpleDateFormat;
import java.util.Date;
import java.util.Locale;
import java.util.concurrent.TimeUnit;
/**
* This class is for formatting some output.
*
* @author Eduard Tudenhoefner
*
*/
public final class NumberFormatter {
/**
* Abbreviation character for the decimal metric unit.
*/
private static final String[] BINARY_METRIC_UNITS = { "", "Ki", "Mi", "Gi", "Ti", "Pi", "Ei" };
/**
* Formats a decimal number with the specific pattern.
*/
private static DecimalFormat decFormat = new DecimalFormat("###0.##");
/**
* Formats a decimal number and returns it in milliseconds format.
*/
private static DecimalFormat millisFormat = new DecimalFormat("0.00");
/**
* Formats a decimal number and returns it in nanoseconds format.
*/
private static DecimalFormat nanosFormat = new DecimalFormat("0.00");
/**
* Formats a decimal number with the specified pattern.
*/
private static DecimalFormat cpuFormat = new DecimalFormat("#.##");
/**
* Formats a decimal number with the specified pattern.
*/
private static DecimalFormat intFormat = new DecimalFormat("###");
/**
* Formats a decimal number with the specified pattern.
*/
private static DecimalFormat doubleFormat = new DecimalFormat("0.000");
/**
* Formats a decimal number without the specified pattern.
*/
private static DecimalFormat doubleUnspecificFormat = new DecimalFormat();
/**
* Formats a date/time value with the specified pattern.
*/
private static DateFormat dateMillisFormat = new SimpleDateFormat("dd.MM.yyyy HH:mm:ss.SSS");
/**
* Formats a date/time value with the specified pattern.
*/
private static DateFormat dateFormat = new SimpleDateFormat("dd.MM.yyyy HH:mm:ss");
static {
doubleUnspecificFormat.setGroupingSize(0);
}
/**
* The default private constructor.
*/
private NumberFormatter() {
}
/**
* Converts time in milliseconds to a <code>String</code> in the format HH:mm:ss.
*
* @param time
* the time in milliseconds.
* @return a <code>String</code> representing the time in the format HH:mm:ss.
*/
public static String millisecondsToString(long time) {
int seconds = (int) ((time / 1000) % 60);
int minutes = (int) ((time / 60000) % 60);
int hours = (int) ((time / 3600000) % 24);
int days = (int) ((time / 3600000) / 24);
StringBuilder builder = new StringBuilder();
builder.append(days);
builder.append("d ");
builder.append(hours);
builder.append("h ");
builder.append(minutes);
builder.append("m ");
builder.append(seconds);
builder.append('s');
return builder.toString();
}
/**
* Formats the time to a String value with milliseconds.
*
* @param time
* The time as long value.
* @return The formatted string.
*/
public static String formatTimeWithMillis(long time) {
return formatTimeWithMillis(new Date(time));
}
/**
* Formats the time to a String value with milliseconds.
*
* @param date
* The date to format.
* @return The formatted string.
*/
public static String formatTimeWithMillis(Date date) {
synchronized (dateMillisFormat) {
return dateMillisFormat.format(date);
}
}
/**
* Formats the time to a String value.
*
* @param time
* The time as long value.
* @return The formatted string.
*/
public static String formatTime(long time) {
return formatTime(new Date(time));
}
/**
* Formats the time to a String value.
*
* @param date
* The date to format.
* @return The formatted string.
*/
public static String formatTime(Date date) {
synchronized (dateFormat) {
return dateFormat.format(date);
}
}
/**
* Formats nanoseconds to seconds.
*
* @param time
* The time as long value.
* @return A formatted string.
*/
public static String formatNanosToSeconds(long time) {
double sec = time / 1000000000d;
return nanosFormat.format(sec) + " s";
}
/**
* Formats milliseconds to seconds.
*
* @param time
* The time as long value.
* @return A formatted string.
*/
public static String formatMillisToSeconds(long time) {
double sec = time / 1000d;
return millisFormat.format(sec) + " s";
}
/**
* Formats bytes to kiloBytes.
*
* @param bytes
* The bytes to format.
* @return A formatted string.
*/
public static String formatBytesToKBytes(long bytes) {
return decFormat.format((double) bytes / 1024) + " Kb";
}
/**
* Formats bytes to megaBytes.
*
* @param bytes
* The bytes to format.
* @return A formatted string.
*/
public static String formatBytesToMBytes(long bytes) {
return decFormat.format((double) bytes / (1024 * 1024)) + " Mb";
}
/**
* Adds a %-sign to a floating number. For example: input = 12 / output = 12 %.
*
* @param percent
* The value to format.
* @return The formatted string.
*/
public static String formatCpuPercent(float percent) {
return cpuFormat.format(percent) + " %";
}
/**
* Formats an integer value. For example: input = 1234567 / output = 1,234,567.
*
* @param number
* The value to format.
* @return The formatted String.
*/
public static String formatInteger(int number) {
return intFormat.format(number);
}
/**
* Formats a long value. For example: input = 1234567 / output = 1,234,567.
*
* @param number
* The value to format.
* @return The formatted string.
*/
public static String formatLong(long number) {
return intFormat.format(number);
}
/**
* Formats a double value. For example: input = 123545.9876543 / output = 123545.987.
*
* @param number
* The value to format.
* @return The formatted string.
*/
public static String formatDouble(double number) {
return doubleFormat.format(number);
}
/**
* Formats a double value based on the number of decimal places.
*
* @param number
* The value to format.
* @param decimalPlaces
* Number of decimal places.
* @return The formatted string.
*/
public static String formatDouble(double number, int decimalPlaces) {
doubleUnspecificFormat.setMaximumFractionDigits(decimalPlaces);
doubleUnspecificFormat.setMinimumFractionDigits(decimalPlaces);
return doubleUnspecificFormat.format(number);
}
/**
* Returns the human readable bytes number with one decimal place.
*
* @param bytes
* Bytes to transform.
* @return Human readable string.
*/
public static String humanReadableByteCount(long bytes) {
return humanReadableByteCount(bytes, 1);
}
/**
* Returns the human readable bytes number with the specified amount of decimal places.
* <p>
* <b>IMPORTANT:</b> The method code is based on <a href=
* "http://stackoverflow.com/questions/3758606/how-to-convert-byte-size-into-human-readable-format-in-java"
* >stackoverflow</a>. Original author is aioobe. License info can be found
* <a href="http://creativecommons.org/licenses/by-sa/3.0/">here</a>.
*
* @param bytes
* Bytes to transform.
* @param decimalPlaces
* Amount of decimal places.
* @return Human readable string.
*/
public static String humanReadableByteCount(long bytes, int decimalPlaces) {
if (bytes < 1024L) {
return bytes + " B";
}
int sizeIndex = (int) (Math.log(bytes) / Math.log(1024D));
double value = bytes / Math.pow(1024D, sizeIndex);
return String.format(Locale.US, "%." + decimalPlaces + "f %sB", value, BINARY_METRIC_UNITS[sizeIndex]);
}
/**
* Returns the human readable millis count.
*
* If <b>shortDescription</b> is <code>true</code> then the format will be: x
* days/hours/minutes/seconds depending on the time. Meaning if more than day has passed only 1
* day will be returned. Otherwise if between 23-24 hours passed, 23 hours will be returned.
*
* If <b>shortDescrption</b> is <code>false</code> then the the returned format is xd, xh, xm,
* xs.. Not that if any unit is 0 it won't be printed.
*
* @param millis
* Number of milliseconds.
* @param shortDescription
* Short or long description.
* @return Formated string.
*/
public static String humanReadableMillisCount(long millis, boolean shortDescription) {
StringBuilder stringBuilder = new StringBuilder();
boolean started = false;
long days = TimeUnit.MILLISECONDS.toDays(millis);
if (days > 0) {
if (shortDescription) {
return days + " day" + (days > 1 ? "s" : "");
}
stringBuilder.append(String.format("%dd", days));
started = true;
}
long hours = TimeUnit.MILLISECONDS.toHours(millis) - TimeUnit.DAYS.toHours(TimeUnit.MILLISECONDS.toDays(millis));
if (started) {
stringBuilder.append(String.format(" %dh", hours));
} else if (hours > 0) {
if (shortDescription) {
return hours + " hour" + (hours > 1 ? "s" : "");
}
stringBuilder.append(String.format("%dh", hours));
started = true;
}
long min = TimeUnit.MILLISECONDS.toMinutes(millis) - TimeUnit.HOURS.toMinutes(TimeUnit.MILLISECONDS.toHours(millis));
if (started) {
stringBuilder.append(String.format(" %dm", min));
} else if (min > 0) {
if (shortDescription) {
return min + " minute" + (min > 1 ? "s" : "");
}
stringBuilder.append(String.format("%dm", min));
started = true;
}
long sec = TimeUnit.MILLISECONDS.toSeconds(millis) - TimeUnit.MINUTES.toSeconds(TimeUnit.MILLISECONDS.toMinutes(millis));
if (started) {
stringBuilder.append(String.format(" %ds", sec));
} else if (sec > 0) {
if (shortDescription) {
return sec + " second" + (sec > 1 ? "s" : "");
}
stringBuilder.append(String.format("%ds", sec));
started = true;
}
return stringBuilder.toString();
}
/**
* Converts a double into a percentage string. For example: input = 0.1525 / output = 15.25 %
*
* @param percentage
* the percentage value
* @return The formatted string
*/
public static String formatDoubleToPercent(double percentage) {
return doubleFormat.format(percentage * 100D) + " %";
}
}
|
Multiple mycotoxin analysis in nut products: Occurrence and risk characterization.
Nuts consumption plays an important role in Mediterranean diet, being a good source of proteins, vitamins, minerals and unsaturated fatty acids. However, nuts can be also a source of harmful mycotoxins with negative impact on human health. In this work, the occurrence of 16 mycotoxins belonging to different chemical classes, was assessed in several nut products. The analytical method used was based on modified QuEChERS (Quick, Easy, Cheap, Effective, Rugged and Safe) procedure followed by liquid chromatography-tandem mass spectrometry (LC-MS/MS) analysis. An extensive evaluation of different sorbents used in dispersive SPE (d-SPE) cleanup step of QuEChERS was performed. Detection limits achieved were less than 3.5 μg/kg for all the compounds and the average recoveries varied from 70 to 91%, with relative standard deviations (RSD) ≤13%. Twelve out of sixteen mycotoxins under study were found in the 37 nut samples analysed. Overall, deoxynivalenol (DON), aflatoxin-G2 (AFG2), and fusarenon-X (FUS X) were the compounds more commonly detected. The higher contamination value was observed in a cashew sample containing 336.5 μg/kg of DON. The combination of occurrence and consumption data allowed to assess the exposure and characterize the associated risk of nut products consumption by the Portuguese population. |
Effect of prenatal restraint stress and morphine co-administration on plasma vasopressin concentration and anxiety behaviors in adult rat offspring.
Stressful events and exposure to opiates during gestation have important effects on the later mental health of the offspring. Anxiety is among the most common mental disorders. The present study aimed to identify effects of prenatal restraint stress and morphine co-administration on plasma vasopressin concentration (PVC) and anxiety behaviors in rats. Pregnant rats were divided into four groups (n = 6, each): saline, morphine, stress + saline and stress + morphine treatment. The stress procedure consisted of restraint twice per day, two hours per session, for three consecutive days starting on day 15 of pregnancy. Rats in the saline and morphine groups received either 0.9% saline or morphine intraperitoneally on the same days. In the morphine/saline + stress groups, rats were exposed to restraint stress and received either morphine or saline intraperitoneally. All offspring were tested in an elevated plus maze (EPM) on postnatal day 90 (n = 6, each sex), and anxiety behaviors of each rat were recorded. Finally, blood samples were collected to determine PVC. Prenatal morphine exposure reduced anxiety-like behaviors. Co-administration of prenatal stress and morphine increased locomotor activity (LA) and PVC. PVC was significantly lower in female offspring of the morphine and morphine + stress groups compared with males in the same group, but the opposite was seen in the saline + stress group. These data emphasize the impact of prenatal stress and morphine on fetal neuroendocrine development, with long-term changes in anxiety-like behaviors and vasopressin secretion. These changes are sex specific, indicating differential impact of prenatal stress and morphine on fetal neuroendocrine system development. Lay Summary Pregnant women are sometimes exposed to stressful and painful conditions which may lead to poor outcomes for offspring. Opiates may provide pain and stress relief to these mothers. In this study, we used an experimental model of maternal exposure to stress and morphine in pregnant rats. The findings indicated that maternal stress increased anxiety in offspring while morphine decreased such effects, but had negative effects on the levels of a hormone controlling blood pressure, and activity of offspring. Hence morphine should not be used in pregnancy for pain and stress relief. |
Q:
Highlight cells when a cell changes via formula
I'd like to create a macro on Excel to highlight a range of cells when the date in a particular cell changes. The cell draws the date information from Bloomberg (BDP formula), and the workbook refreshes daily.
I've tried this solution:
Private Sub Worksheet_Change(ByVal Target As Range)
(https://www.thespreadsheetguru.com/blog/trigger-your-vba-macros-to-run-based-on-specific-cell-value-change).
However, it only works when the formula in the cell changes, and not when the cell automatically updates the date information when refreshed.
Is there a simple solution to my problem?
A:
If what you want to detect is just one cell, the solution is perhaps easy. Put a Worksheet_Calculate event in the worksheet that contains this cell:
Private Sub Worksheet_Calculate()
Static oldVal As Variant
If Me.Range("A1").Value <> oldVal Then
Me.Range("A2:C4").Interior.ColorIndex = 6
End If
oldVal = Me.Range("A1").Value
End Sub
This supposes you want to detect the change in cell A1 and the range you want to highlight is A2:C4. Adjust these ranges to your need.
|
Congenital atresia of the left coronary ostium: diagnosis and surgical treatment.
An 11-year-old girl with congenital atresia of the left coronary ostium underwent coronary artery bypass grafting using the internal mammary artery. Before surgery, the patient complained of syncope on exertion. Exercise electrocardiogram (ECG), two-dimensional echocardiogram, and 201Tl myocardial scintigram were useful in establishing the diagnosis. Selective coronary angiograms showed typical findings. Postoperative recovery was uneventful; exercise ECG and stress 201Tl myocardial scintigram demonstrated improvement. Internal mammary artery graft is probably better than a saphenous vein graft as a coronary artery bypass graft in childhood and adolescence because of the long-term patency of this type of graft. |
United States of America
Before the
Securities and Exchange Commission
Investment Advisers Act of 1940
Release No. 2023 / March 22, 2002
Administrative Proceeding
File No. 3-10736
In the Matter of
STAN D. KIEFER & ASSOCIATES AND
STANLEY D. KIEFER,
Respondents.
::::::::
ORDER INSTITUTING PUBLIC
ADMINISTRATIVE AND
CEASE-AND-DESIST
PROCEEDING, MAKING FINDINGS
AND IMPOSING SANCTIONS AND
CEASE-AND-DESIST ORDER
I.
The Securities and Exchange Commission ("Commission") deems it appropriate in the public interest that a public administrative and cease-and-desist proceeding be instituted pursuant to Sections 203(e), 203(f) and 203(k) of the Investment Advisers Act of 1940 ("Advisers Act") against Stan D. Kiefer & Associates ("SKA") and Stanley D. Kiefer ("Kiefer").
II.
In anticipation of the institution of this proceeding, SKA and Kiefer have submitted an Offer of Settlement ("Offer") which the Commission has determined to accept. Solely for the purpose of this proceeding and any other proceeding brought by or on behalf of the Commission, or in which the Commission is a party, and without admitting or denying any findings contained herein, except that SKA and Kiefer admit to the jurisdiction of the Commission over them and over the subject matter of this proceeding, SKA and Kiefer consent to the issuance of this Order Instituting Public Administrative and Cease-And-Desist Proceeding, Making Findings and Imposing Sanctions and Cease-And-Desist Order ("Order").
Accordingly, IT IS ORDERED that a proceeding pursuant to Sections 203(e), 203(f) and 203(k) of the Advisers Act be, and hereby is, instituted.
III.
On the basis of this Order and Respondents' Offer, the Commission finds that:
Respondents
SKA is a California corporation located in Manhattan Beach, California, that was registered with the Commission as an investment adviser (File No. 801-57138) from January 7, 2000, until it withdrew its registration on June 30, 2000. Previously, SKA was registered with the Commission as an investment adviser (File No. 801-50968) from February 9, 1996, to July 8, 1997. SKA was not required to be registered with the Commission from July 9, 1997, to January 6, 2000, because it did not have the requisite amount of assets under management. SKA was licensed as an investment adviser with the State of California from February 1996 to May 2000. On November 30, 2001, SKA became re-licensed with the State of California as an investment adviser and currently has a small number of advisory clients.
Kiefer, age 43, resides in Manhattan Beach, California. From February 1996 to June 2000, he was president, sole portfolio manager, and sole shareholder of SKA. Kiefer was previously registered with the Commission as a sole proprietor investment adviser (File No. 801-44419) from August 18, 1993, to April 5, 1996. Currently, Kiefer manages a small number of advisory clients through SKA.
Background
Kiefer asserted complete control over SKA and its operations. He was SKA's president, sole portfolio manager, and sole shareholder. He prepared and filed the Forms ADV; he signed the investment advisory and solicitation agreements; he made all investment decisions; he supervised the firm's marketing activities; he created, approved, and disseminated, or directed the dissemination of, marketing materials; and he filled out questionnaires and updates that were provided to Nelson's Investment Manager Database ("Nelson"), a third party reporting and rating service.
Kiefer began managing assets in approximately 1993. By July 1997, Kiefer had fewer than 25 clients with only about $2 million under management, $1 million of which consisted of three family-related accounts. In July 1997, SKA, through Kiefer, began distributing the false advertising discussed below. From July 1997 to December 1999, SKA's business grew dramatically. By December 1999, SKA had over 500 discretionary clients with approximately $50 million in assets under management.
SKA, through Kiefer, disseminated the false advertisements discussed below to clients, prospective clients, solicitors who referred clients, and Nelson. Solicitors, in turn, distributed this advertising to prospective clients. From July 1997 to December 1999, solicitors referred over 400 clients to SKA. One solicitor referred approximately 180 clients with over $15 million in assets during this time period.
Prior to soliciting clients for SKA, however, the solicitors had several meetings with Kiefer during which he misrepresented that SKA had an excellent performance history and significant assets under management. Kiefer also provided the solicitors with the false advertising discussed below. Further, Kiefer had a relative contact a representative of the solicitors and misrepresent to him that she worked for an auditor who determined that SKA's performance returns were audited and compliant with the Association for Investment Management & Research's Performance Presentation Standards ("AIMR-PPS").
Antifraud Violations
Section 206(1) of the Advisers Act prohibits an investment adviser from employing any device, scheme, or artifice to defraud any client or prospective client. Section 206(2) of the Advisers Act prohibits an investment adviser from engaging in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client. The antifraud provisions of the Advisers Act require that the fraudulent conduct concern material facts. Further, scienter is required to establish a violation of Section 206(1) of the Advisers Act but is not a required element of Section 206(2) of the Advisers Act.
From July 1997 to January 2000, SKA and Kiefer represented in numerous advertisements that SKA had outstanding performance returns and significantly outperformed various stock indices, including the S&P 500 and the Russell 2000. SKA and Kiefer disseminated, or caused others to disseminate, these documents to clients, prospective clients, solicitors who referred clients, and Nelson. The advertised performance returns for 1983 through 1996, however, were materially false. The advertisements falsely implied that SKA's performance history reflected actual trading in client accounts and that it had been in business since 1983. SKA and Kiefer did not manage any client assets from 1983 to 1993, and, therefore, did not achieve any performance returns during those years. Further, SKA's advertised performance for 1983 to 1996 did not reflect its actual performance. In fact, Kiefer copied those performance returns from a book written by another money manager. Thus, SKA willfully violated, and Kiefer willfully aided and abetted and caused violations of, Sections 206(1) and 206(2) of the Advisers Act.
From July 1997 to January 2000, SKA and Kiefer materially overstated SKA's number of clients and assets under management in numerous advertisements. SKA and Kiefer disseminated, or caused others to disseminate, these documents to clients, prospective clients, solicitors who referred clients, and Nelson. In 1997, for example, SKA and Kiefer represented in a non-filed Form ADV that on November 7, 1995, SKA had 371 discretionary accounts with $111 million in assets under management. In November 1995, however, SKA and Kiefer managed only three family-related accounts with approximately $1 million under management. In mid-1998, SKA and Kiefer represented in a marketing brochure that SKA had $250 million in assets under management. SKA, however, had only $17 million in assets under management on June 30, 1998. In fact, the largest amount of assets ever managed by SKA was $50 million in December 1999. Thus, SKA willfully violated, and Kiefer willfully aided and abetted and caused violations of, Sections 206(1) and 206(2) of the Advisers Act.
From July 1997 to January 2000, SKA and Kiefer also disseminated various advertisements representing that SKA's performance returns were audited and compliant with the AIMR-PPS. SKA and Kiefer also represented to recipients of these advertisements that a CPA firm had audited the performance returns. These representations, however, were materially false as SKA's performance returns had never been audited and were not AIMR-PPS compliant. Thus, SKA willfully violated, and Kiefer willfully aided and abetted and caused violations of, Sections 206(1) and 206(2) of the Advisers Act.
From July 1997 to January 2000, SKA and Kiefer represented in various marketing materials that SKA was founded in 1983 and registered with the Commission in 1984. Further, from July 1997 to December 1999, SKA and Kiefer represented in solicitation agreements and investment advisory agreements that SKA was registered with the Commission as an investment adviser. In fact, Kiefer registered with the Commission as an investment adviser as a sole proprietorship from August 18, 1993 to April 5, 1996, and under SKA from February 9, 1996 to July 8, 1997, and from January 7, 2000 to June 30, 2000. Therefore, the representations were materially false because SKA and/or Kiefer were not registered with the Commission from 1984 to August 1993 or from July 9, 1997 to January 6, 2000. Thus, SKA willfully violated, and Kiefer willfully aided and abetted and caused violations of, Sections 206(1) and 206(2) of the Advisers Act.
IV.
In view of the foregoing, the Commission deems it appropriate in the public interest to accept the Offer submitted by SKA and Kiefer and impose the sanctions and cease-and-desist order specified therein.
Accordingly, IT IS ORDERED that:
Pursuant to Sections 203(e) and 203(f), respectively, of the Advisers Act, SKA and Kiefer are censured;
Pursuant to Section 203(k) of the Advisers Act, SKA and Kiefer shall cease and desist from committing or causing any violation and any future violation of Sections 206(1) and 206(2) of the Advisers Act;
Pursuant to Section 203(i) of the Advisers Act, SKA and Kiefer shall jointly and severally pay a civil money penalty in the amount of $10,000.00 to be paid to the United States Treasury within 30 days of the entry of the Order. Such payment shall be: (1) made by United States postal money order, certified check, bank cashier's check, or bank money order; (2) made payable to the United States Securities and Exchange Commission; (3) hand-delivered or mailed to the Comptroller, Securities and Exchange Commission, Operations Center, 6432 General Green Way, Stop 0-3, Alexandria, Virginia 22312; and (4) submitted under a cover letter that identifies SKA and Kiefer as Respondents in these proceedings, and the Commission's file number of these proceedings, a copy of which cover letter and money order or check shall be simultaneously sent to Adam D. Schneir, Attorney, Pacific Regional Office, Securities and Exchange Commission, 5670 Wilshire Boulevard, 11th Floor, Los Angeles, California 90036; and
SKA and Kiefer shall comply with the following undertakings:
SKA and Kiefer shall be prohibited from, directly or indirectly, soliciting, marketing, or advertising for any new investment advisory clients or accounts for one year commencing from the effective date of the Order. In addition, SKA and Kiefer shall be prohibited from, directly or indirectly, contracting with, obtaining, or accepting any new investment advisory clients or accounts for one year commencing from the effective date of the Order. Within four months, seven months, ten months, and 13 months, respectively, from the effective date of the Order, Respondents shall execute and deliver to the staff of the Commission's Pacific Regional Office ("PRO") an affidavit that they have complied with the prohibitions set forth above in accordance with the terms of the Order.
Within 30 days of the entry of the Order, and continuing for two years thereafter, Respondents shall retain, at their own expense, the services of an independent consultant, who is not unacceptable to the Commission staff. Respondents shall not terminate the independent consultant without the prior written approval of the Commission staff. Such independent consultant shall be retained to conduct a review of Respondents' policies, practices, and procedures to determine whether they have complied with the Order and the undertakings agreed to herein. The independent consultant shall also conduct a review of Respondents' methods of collecting, recording, and reporting information regarding performance figures, assets under management, and number of clients and to make any recommendations concerning Respondents' compliance policies and procedures that he/she deems appropriate to ensure that all such reported information is truthful and accurate.
No later than ten days following the date of the independent consultant's engagement, Respondents shall provide to the staff of the Commission's PRO a copy of the engagement letter detailing the independent consultant's responsibilities pursuant to paragraph IV.D.2. above.
Respondents shall arrange for the independent consultant to issue a written report within 90 days of the date of the engagement setting forth in detail the nature and scope of the review conducted, the independent consultant's conclusions, and any recommendations concerning Respondents' practices, policies, and procedures. Respondents shall arrange for the independent consultant to provide the staff of the Commission's PRO a copy of this report, within 10 days from its issuance.
Respondents shall take all necessary and appropriate steps to adopt and implement all recommendations of the independent consultant.
Respondents shall compile a compliance manual containing the policies and procedures adopted and implemented pursuant to the recommendations made by the independent consultant. Respondents shall make available copies of the compliance manual to their employees and familiarize them with the policies and procedures set forth therein. In addition, Respondents shall maintain and make available at their offices for inspection by the Commission or other appropriate regulatory organization, a copy of the compliance manual.
Respondents shall arrange for the independent consultant to conduct a follow-up review within 90 days after the issuance of the report required in paragraph IV.D.4. above to determine whether all recommendations have been implemented. Respondents shall arrange for the independent consultant to provide the staff of the Commission's PRO, within 30 days from the date of such follow-up review, a written report stating that the follow-up review has been completed and whether the recommendations have been implemented.
Respondents shall also arrange for the independent consultant to conduct follow-up reviews in accordance with the standards of paragraph IV.D.2. above, within one year of the effective date of the Order, within 18 months of the effective date of the Order, and within two years of the effective date of the Order, respectively. Within 30 days after the completion of each such review, the independent consultant shall issue a written report regarding his/her findings and recommendations (if any). Respondents shall arrange for the independent consultant to provide a copy of each such report to the staff of the Commission's PRO, within 30 days from the completion of each such review.
After the expiration of the one-year prohibition set forth above in paragraph IV.D.1., and for a period of one year thereafter, the independent consultant shall review all advertisements, marketing materials, and other communications pertaining to Respondents' performance or investment advisory services, and any underlying books and records that support any representations made therein. Respondents shall not use any such advertisements, marketing materials, or other communications pertaining to their performance or investment advisory services unless the independent consultant has approved them.
For the period of the engagement and for a period of two years from the completion of the engagement, the independent consultant shall not enter into any employment, consultant, attorney-client, auditing or other professional relationship with SKA, Kiefer, or any of SKA's present or former affiliates, directors, officers, employees or agents acting in their capacity. Any firm with which the independent consultant is affiliated or of which he/she is a member, and any person engaged to assist the independent consultant in performance of his/her duties under this Order shall not, without prior written consent of the staff of the Commission's PRO, enter into any employment, consultant, attorney-client, auditing or other professional relationship with SKA, Kiefer, or any of SKA's present or former affiliates, directors, officers, employees, or agents acting in their capacity as such for the period of the engagement and for a period of two years after the engagement.
Respondents shall mail a copy of the Order, together with a cover letter, in a form not unacceptable to the staff of the Commission, to each of their existing clients by certified mail, return receipt requested, within 30 days of the effective date of the Order. After the expiration of the one-year prohibition set forth above in paragraph IV.D.1., and for a period of one year thereafter, Respondents shall provide a copy of the Order to all prospective investment advisory clients not less than 48 hours prior to entering into any written or oral investment advisory contract (or no later than the time of entering into such contract, if the client has the right to terminate the contract without penalty within five business days after entering into the contract). Also, within 30 days from the effective date of the Order, Respondents shall execute and deliver to the staff of the Commission's PRO an affidavit that they have provided the Order to their existing clients in accordance with the Order's terms. Finally, within 25 months from the effective date of the Order, Respondents shall execute and deliver to the staff of the Commission's PRO an affidavit that they have provided the Order to their prospective clients in accordance with the terms of the Order. |
2019 International Conference on the Analytic Element Method (June 1-2) and MODFLOW and More (June 2-5), Golden, Colorado
I would like to bring to your attention the 2019 Analytic Element Conference as well as the MODFLOW and More Conference, both to be held at the Colorado School of Mines in Golden Colorado. I invite you to submit an abstract to either one or both of these conferences. For information on the Analytic Element Conference, please visit the conference website. More information about MODFLOW and More is available here.
The dates for the AEM conference are Saturday, June 1 and Sunday, June 2. The MODFLOW and More conference begins the evening of Sunday, June 2, and continues through Wednesday, June 5.
McLane Environmental offers new AEM tutorials & training
flexAEM System offers an easy introduction to groundwater modeling using analytic element software. The system consists of hands-on tutorials, courses, software tools, and “best practice” tips to introduce you to analytic element modeling at your own pace. flexAEM materials are designed to help experienced modelers add a fast and powerful new technique to their toolkit, or to help hydrogeologists and engineers make the calculations they need without the steep learning curve of complex modeling software.
AnAqSimEdu was developed as a supplement to the 2nd edition of the textbook Groundwater Science, published by Elsevier. AnAqSimEdu simulates single-layer steady flow with confined, unconfined, and interface domains. Allows heterogeneity and anisotropy. Line boundaries include: head-specified, normal flux-specified, river, interdomain. Nice user interface. Available at this link: |
Surface decoration of catanionic vesicles with superparamagnetic iron oxide nanoparticles: a model system for triggered release under moderate temperature conditions.
We report the design of new catanionic vesicles decorated with iron oxide nanoparticles, which could be used as a model system to illustrate controlled delivery of small solutes under mild hyperthermia. Efficient release of fluorescent dye rhodamine 6G was observed when samples were exposed to an oscillating magnetic field. Our system provides direct evidence for reversible permeability upon magnetic stimulation. |
For mounting lighting sources on a substrate, it is possible to use screws.
This solution ensures mechanical contact, but may give rise to disadvantages associated with the fact that the mechanical contact does not allow uniform distribution of the pressure, and therefore the thermal interface properties and the heat transfer may not be uniform on the contact surface and may deteriorate over time. |
Technology Requirements
All online students must complete a one-week online orientation course before enrolling in courses. During this orientation, students will learn how to use the various online systems.
Technology Requirements
Online Learning students must provide and maintain the following:
A personal computer, either PC or Macintosh, three years old or less. Mobile technologies are also supported.
A DVD/CD player (some courses use videotaped lectures or audio recordings)
An internet connection, preferably broadband
The most recent version of Mozilla Firefox, Safari (Mac), or Google Chrome.
Strongly Recommended
A printer, in order to print out notes and papers.
A word processor such as Microsoft Word or Open Office installed on your computer.
Email
All students receive a holyapostles.edu email account. This is the primary means for official communication between faculty, staff and students. Students are required to regularly check their email accounts. Students may use the GoogleApps web-based interface to check and compose email, or they may have all email forwarded to a private email account. |
Malignant tumors of the ovary or the breast in association with infertility: a report of thirteen cases.
Many questions have been raised recently about the relationship between infertility, fertility drugs and cancer. This prompted us to evaluate our patients having ovarian or breast cancer with a known history of infertility. We report thirteen women who had been examined and/or treated for infertility before the occurrence of malignant tumors of the ovary or the breast at an age under 50 years in 1990-1995 in our unit. Mean age of the patients was 35 years (s.d. 5.9 years, range 28-47 years). Of the 11 ovarian tumors, one was a malignant teratoma, two were granulosa cell tumors and eight epithelial ovarian cancers. Ten women had received either clomiphene citrate alone or together with gonadotrophins, one had used only gonadotrophins, and in two patients ovarian cancer was detected during an infertility work-up but before any treatment. Four women had used clomiphene for more than twelve cycles. Two patients had ductal breast cancer. Our patients emphasize the need for follow-up and long-term prospective studies in infertile women who have been evaluated or treated for infertility. |
Q:
Ansible: multiple vars_files with same yaml structure do not merge
I have an Ansible playbook that uses two var files; one for general properties and others for me specific properties. However, there are some properties from both files that share the same root YAML structure (aws.ec2) but when I run my playbook, it seems like the properties do not merge into one tree, but the last listed file overwrites the previous for any props using aws.ec2.
Playbook
- name: Play 1. Create AWS Environment
hosts: localhost
vars_files:
- var_files/aws_management_vars.yml
- var_files/aws_general_vars.yml
aws_management_vars.yml
aws:
ec2:
node:
name: "Management Node"
instance_type: "t2.micro"
...
aws_general_vars.yml
aws:
region: us-west-1
ec2:
env: mih-env
vpc_id: vpc-abc12345
...
When I run my playbook, if I have the vars file in the order here, it complains that it cannot find aws.ec2.node.
"msg": "The task includes an option with an undefined variable. The error was: 'dict object' has no attribute 'node'
If I swap the order, it complains that it cannot find aws.region.
"msg": "The task includes an option with an undefined variable. The error was: 'dict object' has no attribute 'region'
Is this a limitation of vars_files and is there something else I can use that will parse the yml files and merge properties that have the same structure? I know I could just rename the structure in the files, but I would like it keep it this way if possible.
Ansible v2.7.8
A:
Q: "Is this a limitation of vars_files? What can I use that will parse the yml files and merge properties that have the same structure?"
A: Yes. It's a limitation of vars_files. It's possible to controls how variables merge. See DEFAULT_HASH_BEHAVIOUR. But this is not recommended. Quoting: "We generally recommend not using this setting unless you think you have an absolute need for it."
There is a simple solution. Use include_vars, put the included data into dictionaries, and combine them. Set recursive=True to merge the keys. For example
- include_vars:
file: var_files/aws_management_vars.yml
name: management
- include_vars:
file: var_files/aws_general_vars.yml
name: general
- set_fact:
my_vars: "{{ management|combine(general, recursive=True) }}"
- debug:
var: my_vars.aws
give
my_vars.aws:
ec2:
env: mih-env
node:
instance_type: t2.micro
name: Management Node
vpc_id: vpc-abc12345
region: us-west-1
Q: "include_vars complained that it cannot be used at playbook level. Would I need to add this to the top of all tasks being run in a playbook?"
A: Yes. include_vars is a task. Put it into to the top of the tasks. See Variable precedence. include_vars(precedence 18.) will overwrite task's, block's and roles' vars (17,16,15). When putting it into the top of the tasks, then there is practically no difference between include_vars and vars_files(precedence 14). As a consequence, use include_role instead of roles if any.
|
#ifndef CLICK_HOSTETHERFILTER_HH
#define CLICK_HOSTETHERFILTER_HH
#include <click/element.hh>
#include <click/etheraddress.hh>
CLICK_DECLS
/*
=c
HostEtherFilter(ETHER [, DROP_OWN, DROP_OTHER, I<KEYWORDS>])
=s ethernet
drops Ethernet packets sent to other machines
=d
Expects Ethernet packets as input. Acts basically like Ethernet input hardware
for a device with address ETHER.
In particular, HostEtherFilter sets each packet's packet type annotation to
HOST, BROADCAST, MULTICAST, or OTHERHOST based on its Ethernet destination
address. Emits most packets on the first output. If DROP_OWN is true, drops
packets whose source address is ETHER; defaults to false. If DROP_OTHER is
true, drops packets sent to hosts other than ETHER (that is, packets with
unicast destination addresses not equal to ETHER); defaults to true. If the
element has two outputs, filtered packets are emitted on the second output
rather than dropped.
Keyword arguments are:
=over 8
=item DROP_OWN
Same as the DROP_OWN parameter.
=item DROP_OTHER
Same as the DROP_OTHER parameter.
=item OFFSET
The ethernet header starts OFFSET bytes into the packet. Default OFFSET is 0.
=back
*/
class HostEtherFilter : public Element { public:
HostEtherFilter() CLICK_COLD;
~HostEtherFilter() CLICK_COLD;
const char *class_name() const { return "HostEtherFilter"; }
const char *port_count() const { return PORTS_1_1X2; }
const char *processing() const { return PROCESSING_A_AH; }
int configure(Vector<String> &, ErrorHandler *) CLICK_COLD;
bool can_live_reconfigure() const { return true; }
Packet *simple_action(Packet *);
void add_handlers() CLICK_COLD;
private:
bool _drop_own : 1;
bool _drop_other : 1;
int _offset;
EtherAddress _addr;
};
CLICK_ENDDECLS
#endif
|
/*
* Copyright (c) Facebook, Inc. and its affiliates.
*
* This source code is licensed under the MIT license found in the
* LICENSE file in the root directory of this source tree.
*/
#import <Foundation/Foundation.h>
@interface FKPortForwardingClient : NSObject
- (instancetype)init;
- (void)forwardConnectionsToPort:(NSUInteger)port;
- (void)connectToMultiplexingChannelOnPort:(NSUInteger)port;
- (void)close;
@end
|
965 F.Supp. 1091 (1997)
Michelle LANGFORD, Victoria Rutherford, and Joyce Simmons, Plaintiffs,
v.
The COUNTY OF COOK and Sabrina Allen, Defendants.
No. 96 C 3854.
United States District Court, N.D. Illinois, Eastern Division.
May 8, 1997.
*1092 *1093 *1094 Edward M. Fox, Alan J. Shefler, Shefler and Berger, Ltd., Chicago, IL, for Plaintiffs.
John Justin Murphy, Regina Worley Calabro, State's Attorney of Cook County, Chicago, IL, for Defendants.
MEMORANDUM OPINION AND ORDER
CASTILLO, District Judge.
Plaintiffs Michelle Langford, Victoria Rutherford and Joyce Simmons bring various claims stemming from the abrupt termination of their employment against defendants Sabrina Allen, their former supervisor, and the County of Cook, which operates the hospital where they worked. Their suit includes federal claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12112 (Count II), and 42 U.S.C. § 1983, alleging violations of their Fourteenth Amendment rights (Counts III-V); and state law claims for retaliatory discharge (Counts I and VI) and breach of contract (Count VII). The defendants have moved for dismissal of all counts pursuant to Federal Rule of Civil Procedure 12(b)(6).
RELEVANT FACTS
The following facts are drawn from the allegations of the complaint, which we take as true for purposes of a motion to dismiss. Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996). The plaintiffs, Langford, Rutherford, and Simmons, all worked for Provident Hospital, which is owned and operated by defendant Cook County, at various times between 1993 and early 1996. Their supervisor was defendant Sabrina Allen, the Director of Information Systems for Provident.
Langford was hired in August, 1993. At some point thereafter, she alleges that Allen began to harass her. In February, 1995, Langford filed a worker's compensation claim for mental injury related to the stress she was encountering on the job. In September, 1995, Langford took disability leave and filed a claim for disability benefits. Langford's doctor approved her return to work in January, 1996, with the condition that she not work under Allen. Provident did not place her in any other position or permit her to return to work. In April, 1996, Langford was expressly fired.
Rutherford was hired in May, 1993. She, too, alleges that at an unspecified point Allen begin to harass her unjustifiably. In September, 1995, Rutherford filed a claim for disability benefits and took disability leave. Her doctor permitted her to return to work in December, 1995, so long as she did not work under Allen. Nevertheless, Rutherford was not reassigned and was eventually notified in May, 1996 that she had been terminated. Rutherford and Langford received right-to-sue letters from the EEOC on May 21, 1996.
Simmons was hired in June, 1995. Her job responsibilities included data processing and troubleshooting software and hardware problems. Soon after she was hired, she raised questions about the legality of Provident's use of bootlegged or pirated software. After raising these questions, Simmons was unjustifiably harassed by Allen. As a result of the stress caused by this harassment, Simmons filed a worker's compensation claim for mental injury and took disability leave in July, 1995. In October, her doctor approved her return to work so long as the work was limited to light duty. Simmons alleges that thereafter Provident and Allen took away her job responsibilities. She was fired on December 1, 1995.
All of the plaintiffs make substantially similar allegations regarding the nature of their employment relation with Provident. The plaintiffs allege that their employment contracts were partly written and partly oral, and that they were "modified by Provident's policies, procedures and actions" over time. The contracts were not for at-will employment, but rather expressly provided that any discipline, up to and including discharge, must be imposed in a progressive stages, and must be for just cause. Moreover, the contracts provided that the plaintiffs would be *1095 employed by Provident so long as they performed reasonably and satisfactorily, and the plaintiffs received specific assurances to the same effect. Each of the plaintiffs alleges that she nevertheless was terminated without just cause.
The plaintiffs filed separate suits, which were consolidated by this Court. The defendants have moved to dismiss all claims.
LEGAL STANDARDS
A motion to dismiss tests the sufficiency of the complaint, not the merits of the suit. Triad Assocs., Inc. v. Chicago Hous. Auth., 892 F.2d 583, 586 (7th Cir.1989). When considering a motion to dismiss, the court views all facts alleged in the complaint, as well as any inferences reasonably drawn therefrom, in the light most favorable to the plaintiff. Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996). "[A] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [her] claim which would entitle [her] to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). The complaint need not identify a legal theory, and even "specifying an incorrect theory is not fatal." Bartholet v. Reishauer A.G. (Zurich), 953 F.2d 1073, 1078 (7th Cir.1992). The only question is "whether relief is possible under any set of facts that could be established consistent with the allegations." Id. (citing Conley v. Gibson, 355 U.S. at 45-46, 78 S.Ct. at 101-02).
ANALYSIS
We first review plaintiffs Langford's and Rutherford's ADA claims (Count II). We then take up the plaintiffs' various § 1983 claims, which include due process claims against defendant Allen (Count III) and defendant Cook County (Count IV), and equal protection claims against Allen (Count V). Last, we examine the plaintiffs' state law claims for retaliatory discharge (Counts I and VI) and breach of contract (Count VII).
Count II: Discrimination under the American with Disabilities Act
Count II, directed only to defendant Cook County, alleges that the terminations of Langford and Rutherford constituted discrimination under the Americans with Disabilities Act (ADA). Langford and Rutherford allege that they both had a known disability and were qualified to perform their positions with reasonable accommodations. The defendants argue that the plaintiffs have not alleged that they are disabled within the meaning of the ADA.
The ADA makes it unlawful for an employer to "discriminate against a qualified individual with a disability because of the disability ... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a). To prevail on a claim for disability discrimination, the plaintiff must establish "(1) that she is a disabled person within the meaning of the ADA; (2) that she is qualified, that is with or without reasonable accommodation (which she must describe), she is able to perform the essential functions of the job; and (3) that she suffered an adverse employment action because of her disability." Weiler v. Household Fin. Corp., No. 93 C 6454, 1995 WL 452977 at *3, 1995 U.S.Dist. LEXIS 10566 at *7-8 (N.D.Ill. July 27, 1995), aff'd, 101 F.3d 519 (7th Cir. 1996); see also Byrne v. Board of Educ., 979 F.2d 560, 563 (7th Cir.1992).
Rutherford and Langford allege in general terms all the requirements of disability discrimination under the ADA. More specifically, they allege that the nature of their disability is that they suffer from a stress related disability that limits their ability to work under a specific supervisor, defendant Allen. These more specific allegations regarding their claimed disability override their general allegations and support the defendants' argument that the "disability" they describe is not a disability covered by the ADA. Plaintiffs usually need not plead specific facts under the notice pleading requirements of Federal Rule of Civil Procedure 8(a). However, "if a plaintiff does plead *1096 particulars, and they show that [she] has no claim," then she has pled herself out of court. Thomas v. Farley, 31 F.3d 557, 558 (7th Cir.1994).
A plaintiff is disabled within the meaning of the ADA if she has "a physical or mental impairment that substantially limits one or more of [her] major life activities." 42 U.S.C. § 12102(2)(A). The defendants argue that Rutherford and Langford have failed to allege that their mental impairment "substantially limits one or more or [their] major life activities." The term "major life activities" is not defined by the ADA. Instead, courts look to the definition of this term provided in the regulations issued to implement Title 1 of the ADA, 29 C.F.R. pt. 1630, which in turn refer to the Rehabilitation Act regulations, 34 C.F.R. § 104. See Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir. 1994). The Rehabilitation Act regulations define "major life activities" to include:
caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. This list is not exhaustive. For example, other major life activities include, but are not limited to, sitting, standing, lifting, reaching.
29 C.F.R. pt. 1630 app., § 1630.2(i).
The plaintiffs allege that they were able to work but only under a different supervisor. The Seventh Circuit has held, however, that this type of restriction does not "substantially limit" the "major life activity" of work. "The major life activity of working is not `substantially limited' if a plaintiff merely cannot work under a certain supervisor because of anxiety and stress.... " Weiler v. Household Fin. Corp., 101 F.3d 519, 524 (7th Cir.1996); see also Palmer v. Circuit Court, 905 F.Supp. 499, 507 (N.D.Ill.1995) (plaintiff was not disabled within the meaning of the ADA because she had a personality conflict with supervisor that caused her to suffer severe anxiety and depression). The complaint does not allege that they are disabled from any other major life function, either. Thus, the plaintiffs have not alleged that they are disabled within the meaning of the ADA. We dismiss Count II of the Second Amended Consolidated Complaint.
Count III: § 1983 Due Process Claims against Allen in her Individual and Official Capacities
Count III alleges that the defendant Allen deprived the plaintiffs of their property interests in their employment, in violation of the Due Process Clause of the Fourteenth Amendment. The plaintiffs allege that their terminations violated both the substantive and procedural aspects of due process, although the content of their substantive due process claim is far from clear.[1] The defendants initially assume that Allen is being sued in her official capacity only and attack the adequacy of the pleading on that ground, but they also raise some arguments in the event that she is also being sued as an individual. We examine whether the Allen is being sued in her official capacity or her individual capacity, whether the plaintiffs adequately pled a cause of action against Allen in her individual capacity under 42 U.S.C. § 1983, and whether the plaintiffs adequately pled a cause of action against Allen in her official capacity under 42 U.S.C. § 1983.
It is unclear from the complaint whether Allen is being sued in her official or individual capacity. The defendants argue that the 42 U.S.C. § 1983 claims against Allen are brought against her in her official capacity only because the plaintiffs do not specify whether they are suing the defendant Allen in her official or individual capacity. In Kolar v. County of Sangamon, 756 F.2d 564, 568 (7th Cir.1985), the Seventh Circuit "created a presumption that a section 1983 suit against a public official is an official-capacity suit. While the Kolar presumption is a useful tool to aid judges, it is not conclusive. A court must also consider the manner in which the parties have treated the suit." Conner v. Reinhard, 847 F.2d 384, 394 n. 8 (7th Cir.1988) (citations omitted).
*1097 We can infer that the plaintiff is being sued in her official capacity because the plaintiffs allege that she is the appointed and acting Director of Information Systems and was at all times acting under color of state law as employee, agent and representative of the defendant Cook County. We can also infer that Allen is being sued in her individual capacity. The claim against Allen involves her individual actions in terminating the plaintiffs and seeks punitive damages from only Allen. See Newport v. Fact Concerts, Inc., 453 U.S. 247, 271, 101 S.Ct. 2748, 2762, 69 L.Ed.2d 616 (1981) (municipal defendants, unlike individual defendants, are immune from liability under § 1983 for punitive damages). Moreover, if the "complaint alleges the tortious conduct of an individual acting under color of state law, an individual capacity suit plainly lies, even if the plaintiff failed to spell out the defendant's capacity in the complaint." Hill v. Shelander, 924 F.2d 1370, 1374 (7th Cir.1991). Under this standard, the plaintiffs sufficiently allege that Allen is being sued in both her individual and official capacities.
The Court now turns to the issue of whether the plaintiffs adequately pled a cause of action against Allen in her individual capacity under 42 U.S.C. § 1983. Only two allegations are required to state a cause of action against a person in her individual capacity under 42 U.S.C. § 1983: the plaintiffs must allege that they were deprived of a constitutionally protected right, and that the person who has deprived them of that right acted under color of state law. Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1923-24, 64 L.Ed.2d 572 (1980). The plaintiffs have alleged that they were deprived of substantive and procedural due process because they had a protected property interest in their jobs and were summarily deprived of that property interest when they were terminated without just cause. The plaintiffs have also alleged that Allen was acting under color of state law at all material times. The plaintiffs have adequately pled the two required elements to state a cause of action against Allen as an individual under 42 U.S.C. § 1983.
Official capacity suits are another way of pleading an action against a government entity for which the officer works. Kentucky v. Graham, 473 U.S. 159, 165, 105 S.Ct. 3099, 3104-05, 87 L.Ed.2d 114 (1985). The plaintiffs must allege (1) a deprivation of a constitutionally protected interest and (2) that the deprivation was caused by a official policy or custom of the municipality. Monell v. Department of Social Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 2037-38, 56 L.Ed.2d 611 (1978). The second requirement of Monell is at issue in this case.
The caselaw has identified three instances in which a municipality can be said to have violated the civil rights of a person because of its policy: (1) an express policy that, when enforced, causes a constitutional deprivation; (2) "a widespread practice that, although not authorized by written law or express municipal policy, is `so permanent and well settled as to constitute a "custom or usage" with the force of law'"; or (3) an allegation that the constitutional injury was caused by a person with "final policy-making authority."
Baxter v. Vigo County Sch. Corp., 26 F.3d 728, 734-35 (7th Cir.1994) (citations omitted).
The defendants argue that the plaintiffs have failed to allege a municipal custom. In order to demonstrate a municipal custom, the plaintiffs must allege a pattern of constitutional violations by the municipality. "Proof of a single incident of unconstitutional activity is not sufficient to impose liability under Monell, unless proof of the incident includes proof that it was caused by an existing, unconstitutional municipal policy." Oklahoma City v. Tuttle, 471 U.S. 808, 823-24, 105 S.Ct. 2427, 2436, 85 L.Ed.2d 791 (1985); see also Strauss v. City of Chicago, 760 F.2d 765, 767 (7th Cir.1985).
In this instance, the plaintiffs do not specifically allege that there was a municipal custom. Instead, the plaintiffs allege that there was a policy that they could only be fired for just cause, and that the defendants did not follow this policy when terminating them, thus depriving them of substantive and procedural due process rights. As the complaint alleges that the defendants engaged in this same course of conduct with respect to *1098 each plaintiff, it alleges three instances of this claimed deprivation. Drawing all reasonable inferences in favor of the plaintiffs, as we must do on a motion to dismiss, we find that these three instances reasonably imply the existence of a municipal custom of not adhering to its stated policies.[2] At this point we therefore deny the defendants' motion to dismiss with respect to Count III.
Counts IV and V: Remaining § 1983 Claims
Count IV alleges that defendant Cook County deprived the plaintiffs of their property interests in their employment, in violation of the Fourteenth Amendment. The plaintiffs also allege that Cook County engaged in a municipal custom that was a moving force behind the constitutional violations. As noted above, a suit against a public official in her official capacity is the same as a suit against the governmental entity for which she works. Kentucky v. Graham, 473 U.S. 159, 165, 105 S.Ct. 3099, 3104-05, 87 L.Ed.2d 114 (1985). Thus, Count IV is simply another iteration of the official-capacity suit against Allen in Count III. Count V alleges that defendant Allen deprived the plaintiffs of equal protection in violation of the Fourteenth Amendment because similarly situated individuals who did not file worker's compensation claims, disability claims or make complaints regarding the unauthorized activities of their employer were not terminated.
In opposition to Counts IV and V, the defendants raise only the same Monell municipal policy or custom arguments discussed above in relation to Count III. We reject the defendants' arguments for the reasons stated above. We deny the defendants' motion to dismiss Counts IV and V.
Counts I and VI: State Law Claims for Retaliatory Discharge
Count I alleges that Langford was fired in retaliation for filing a worker's compensation claim and for filing an application for disability benefits, and that Rutherford was fired in retaliation for filing an application for disability benefits. Count VI alleges that Simmons was fired in retaliation for filing a worker's compensation claim and for reporting the unauthorized use of software by her employer. The defendants argue that Langford's and Rutherford's claims of being fired in retaliation for filing disability benefits do not fall into the recognized public policy exceptions for a retaliatory discharge cause of action in Illinois. The defendants also argue that Simmons' claim fails to show a causal connection between the filing of her worker's compensation claim and her termination.
It is well established law in Illinois that absent an express employment contract stating otherwise, an employee is terminable "at will" for any reason or no reason. Palmateer v. International Harvester Co., 85 Ill.2d 124, 128, 52 Ill.Dec. 13, 15, 421 N.E.2d 876, 878 (1981). Nevertheless, a plaintiff may have a tort cause of action for retaliatory discharge under Illinois law if the employer has discharged the employee in retaliation for the employee's activities, and the discharge was "in contravention of a clearly mandated public policy." Id., 85 Ill.2d at 134, 52 Ill.Dec. at 18, 421 N.E.2d at 881.
In order to adequately plead a cause of action for retaliatory discharge, a plaintiff must allege a causal relationship between *1099 her activities as an employee and her discharge, and that the discharge was in contravention of public policy. Hinthorn v. Roland's of Bloomington, Inc., 119 Ill.2d 526, 529, 116 Ill.Dec. 694, 696, 519 N.E.2d 909, 911 (1988). The first element of a cause of action for retaliatory discharge is the causal relationship between the employee's activities and the discharge. In the cases presently before us, the plaintiffs' complaint describes the events leading up to their individual discharges. The plaintiffs were employed by Cook County at Provident Hospital, and they allege that they performed all duties and responsibilities required by their employment. Langford filed a worker's compensation claim and an application for disability benefits. Simmons filed a worker's compensation claim and an application for disability benefits, and also complained to her supervisor regarding the unauthorized use of software by her employer. Rutherford filed an application for disability benefits. The plaintiffs each went on disability leave and afterwards they were each terminated. The plaintiffs allege that their terminations were in retaliation for their aforementioned actions. The complaint on its face thus alleges a causal link, as required.
The defendants contend that Simmons' claim is defective because she failed to allege a causal connection between the filing of her worker's compensation claim and her termination: the complaint suggests that she was terminated over four months after the filing of her worker's compensation claim. The defendants do not cite any case law that requires less than four months between the filing of the worker's compensation claim and the termination to show a causal connection. The Court has not found any cases that even suggest such a proposition. The plaintiff need not allege a timing element to adequately plead the first element of retaliatory discharge. All that is required is that the plaintiffs' complaint reasonably informs the defendants of the plaintiffs' claim including the alleged causal connection. Simmons alleges that she was fired partly in retaliation for filing her worker's compensation claim. She thus has sufficiently pled the first element of retaliatory discharge.
The second element of a cause of action for retaliatory discharge requires the plaintiff to allege that the discharge was "in contravention of a clearly mandated public policy." Palmateer, 85 Ill.2d at 134, 52 Ill.Dec. at 18, 421 N.E.2d at 881. The type of public policy that will support a claim for retaliatory discharge has been broadly defined as those matters that "strike at the heart of a citizen's social rights, duties and responsibilities." Id., 85 Ill.2d at 130, 52 Ill.Dec. at 15-16, 421 N.E.2d at 878-79.
In practice, recent Illinois cases have limited the retaliatory discharge cause of action to two situations: retaliation for filing a worker's compensation claim and retaliation for reporting illegal conduct. See Kelsay v. Motorola, Inc., 74 Ill.2d 172, 181, 23 Ill.Dec. 559, 563, 384 N.E.2d 353, 357 (1978) (establishing worker's compensation exception); Palmateer, 85 Ill.2d at 133, 52 Ill.Dec. at 17, 421 N.E.2d at 880 (establishing criminal investigation/whistleblowing exception); see also Lambert v. City of Lake Forest, 186 Ill.App.3d 937, 941-42, 134 Ill.Dec. 709, 712, 542 N.E.2d 1216, 1219 (2d Dist.1989) (retaliatory discharge limited to these two exceptions); Abrams v. Echlin Corp., 174 Ill. App.3d 434, 443, 123 Ill.Dec. 884, 890, 528 N.E.2d 429, 435 (1st Dist.1988) (same).
Langford and Simmons allege that they were terminated after they filed worker's compensations claims. Their allegations fall into the worker's compensation exception recognized in Kelsay and upheld thereafter. Langford and Simmons thus have adequately pled both elements for the tort of retaliatory discharge. We deny the defendants' motion to dismiss Langford's and Simmons' retaliatory discharge claims in Counts I and VI.
Rutherford does not allege that she filed a worker's compensation claim. She alleges only that she filed a claim for disability benefits and that she was fired in retaliation for that claim. The defendants argue that this situation does not fall within the recognized public policy exception for worker's compensation claims.
Rutherford first attempts to overcome this deficiency by stating in her response brief that she was fired in retaliation *1100 for filing a worker's compensation claim. This attempt must fail. "[T]he plaintiff cannot cure [a] deficiency [in her complaint] by inserting the missing allegations in a document that is not either a complaint or an amendment to a complaint." Harrell v. United States, 13 F.3d 232, 236 (7th Cir. 1993). Rutherford can not here use her response brief to allege new facts that include an essential element of her claim. She must instead file an amended complaint containing the allegation.
Rutherford next argues that being fired in retaliation for filing a disability claim contravenes Illinois public policy so as to be an exception to "at will" employment. Filing a disability claim does not automatically fall into the two well established public policy exceptions recognized by Illinois courts: retaliation for filing a worker's compensation claim or retaliation for reporting illegal conduct.
When asked to further expand the scope of the tort action beyond Workers' Compensation and "whistle-blower" related charges, ... our supreme court has drawn the line and denied plaintiffs' retaliatory discharge causes of action. Likewise our appellate court has refused to countenance an expansion of the tort by denying claims of retaliatory discharge brought on grounds outside of those approved in Kelsay and Palmateer.
Mitchell v. Deal, 241 Ill.App.3d 331, 333-34, 182 Ill.Dec. 75, 76, 609 N.E.2d 378, 379 (3d Dist.1993) (collecting cases) (citations omitted). This Court is bound to honor the determination of Illinois to limit public policy exceptions to the at-will doctrine to those already identified in Kelsay and Palmateer. See Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 822, 82 L.Ed. 1188 (1938).
Although Rutherford urges that a disability claim is similar enough to a workers' compensation claim that it should fall within the Kelsay exception, a close look at the two types of actions fails to support such a comparison. The Illinois legislature "enacted the workmen's compensation law as a comprehensive scheme to provide for efficient and expeditious remedies for injured employees." Kelsay, 74 Ill.2d at 181-82, 23 Ill.Dec. at 563, 384 N.E.2d at 357. With the passage of the Act, the employee gave up right to sue in tort under the common law. Id., 74 Ill.2d at 180, 23 Ill.Dec. at 562, 384 N.E.2d at 356. The Illinois supreme court found that "[t]his scheme would be seriously undermined if employers were permitted to abuse their power to terminate by threatening to discharge employees for seeking compensation under the Act." Id., 74 Ill.2d at 182, 23 Ill.Dec. at 563, 384 N.E.2d at 357. With the threat of a possible discharge looming over their heads, many employees would decide not to pursue their legal rights under the Act, and therefore would be left with no legal recourse under either common law or statute. Id. Permitting employers to be relieved of their responsibility under the Act by threatening employees with discharge for filing claims would directly contravene public policy. Id.
In contrast, the common source of disability benefits is an employers' insurance policy. No statutory scheme, or trade-off between liability and compensatory damages, is implicated by a private insurance policy.[3] We note that there is some language in Hinthorn v. Roland's of Bloomington, Inc., 119 Ill.2d 526, 533-34, 116 Ill.Dec. 694, 698, 519 N.E.2d 909, 913 (1988) that generally supports a broad reading of the worker's compensation exception established in Kelsay to protect a worker seeking medical attention for a work-related injury from retaliatory discharge, even if she has not yet filed a worker's compensation claim. The Seventh Circuit likewise has read this language as permitting a retaliatory discharge claim by workers who are fired for seeking medical attention. Washburn v. IBP, Inc., 910 F.2d 372, 373 (7th Cir.1990). Rutherford alleges something different, however: that she was fired not for seeking medical attention, but for filing a claim for disability benefits. Unlike worker's compensation benefits, disability benefits generally seek to replace a portion *1101 of the income lost during an unpaid disability leave, not to directly pay for medical treatment.
In the case before us, it is impossible to determine if Rutherford's filing a claim for disability benefits is similar enough to filing worker's compensation claims to constitute a similar contravention of public policy under Kelsay and Hinthorn. The complaint does not state what kind of disability claims were filed, from whom they were seeking compensation, and if there is any statutory scheme involved. While a complaint need contain only a "short plain statement of the claim showing that the pleader is entitled to relief," FED.R.CIV.P. 8(a), the plaintiffs' allegations regarding their disability claims do not meet this standard. Accordingly, this Court finds that plaintiff Rutherford has not adequately stated a claim of retaliatory discharge under Illinois law, and her claims contained in Count I must be dismissed without prejudice.
Finally, plaintiff Simmons alleges that, in addition to coming within the worker's compensation exception to at will employment, she also comes within the crime prevention/whistleblowing exception, because she was fired partly in retaliation for reporting her employer's piracy of computer software to her supervisor. Although the Court need not address this issue because Simmons has adequately pled retaliatory discharge based on her worker's compensation claim, the Court will review the arguments to determine whether Simmons has an alternate basis for her retaliatory discharge claim.
The issue here is whether Simmons' report that her employer was pirating software falls into the crime prevention/whistleblowing exception to at-will employment established by Palmateer, 85 Ill.2d at 133, 52 Ill.Dec. at 17, 421 N.E.2d at 880 (1981). Piracy is, in essence, the theft of software royalties from those who are entitled to them. Theft is a crime in Illinois. 720 ILCS 5/16-1 (1996). "There is no public policy more basic ... than the enforcement of a State's criminal code." Palmateer, 85 Ill.2d at 132, 52 Ill. Dec. at 16, 421 N.E.2d at 879. There is no question that public policy favors the exposure of a crime. Id., 85 Ill.2d at 132, 52 Ill.Dec. at 17, 421 N.E.2d at 880. Individuals should be able to report what they believe to be a crime without fear of retaliation by their employer. Id., 85 Ill.2d at 132-33, 52 Ill.Dec. at 17, 421 N.E.2d at 880.
Illinois courts have recognized a retaliatory discharge claim based on the "whistle-blowing" exception in a variety of circumstances. For example, in Palmateer, the employee was fired for supplying information to local law enforcement authorities that another employee of company might be in violation of the criminal code, for agreeing to gather further information, and for intending to testify at the employee's trial. Id., 85 Ill.2d at 132, 52 Ill.Dec. at 16, 421 N.E.2d at 879. The supreme court upheld a cause of action for retaliatory discharge. Illinois courts have also upheld an employee's cause of action when the employee reported to his supervisors that certain accounting practices resulted in the overstatement of income and were in violation of federal securities law, Johnson v. World Color Press, Inc., 147 Ill. App.3d 746, 101 Ill.Dec. 251, 498 N.E.2d 575 (5th Dist.1986), and when the employee reported the possible embezzlement of corporate funds to the company president. Petrik v. Monarch Printing Corp., 111 Ill.App.3d 502, 67 Ill.Dec. 352, 444 N.E.2d 588 (1st Dist.1982).
However, there are also cases where retaliatory discharge claims have not been allowed for actions that resemble "whistleblowing." See e.g., Long v. Commercial Carriers, Inc., 57 F.3d 592, 596 (7th Cir.1995) (reporting violation of federal regulations dealing with "noncrucial financial and contractual interests" did not rise to level necessary for a retaliatory discharge claim); Gould v. Campbell's Ambulance Service, 111 Ill.2d 54, 94 Ill.Dec. 746, 488 N.E.2d 993 (1986) (employee terminated after reporting that a co-employer was not certified pursuant to a city ordinance); Lambert v. City of Lake Forest, 186 Ill.App.3d 937, 134 Ill.Dec. 709, 542 N.E.2d 1216 (1989) (employee discharged for refusing to keep silent during an internal investigation by the city). In none of these cases did the court find that the public policy concerns behind the whistleblowing exception were present.
*1102 After reviewing the relevant case law, we conclude that the allegations relating to improper software use state a claim that could fall within the whistleblowing exception. Thus, Simmons' allegations that the defendants fired her in retaliation for reporting software piracy by her employer to her supervisor provide an alternate basis for her retaliatory discharge claim.
In sum, the defendants' motion to dismiss Count I is denied as to Langford and granted as to Rutherford. The motion to dismiss Count VI, which contains Simmons' claim, is denied.
Count VII: State Law Claim for Breach of Contract
In Count VII, the plaintiffs claim that the defendants' actions in terminating them breached their contracts of employment. The plaintiffs allege that they entered into employment contracts with the defendants between August 1993 and June 1995. They allege that the contracts were partly oral and partly written, and that eventually the contracts were supplemented and amended by the defendants' policies, procedures and actions, specifically the employee policy manual. The plaintiffs allege that they were not at-will employees, and that the defendants' policies expressly provided that any discipline including discharge must be implemented progressively and could only be for just cause.
The defendants argue that the plaintiffs have failed to sufficiently allege an enforceable contract, because the plaintiffs have not alleged the time, duration or other conditions of employment, the express contract provisions which were violated, or the persons who made the oral promises. In addition, the plaintiffs have failed to attach a copy of the policy manual to the complaint. The defendants contend that their alleged statements of policy, written and oral, do not add up to a clear promise not to terminate except for just cause.
We first consider the plaintiffs' failure to attach a copy of the policy manual on which the alleged contract is based to their complaint. In federal court, "[a] plaintiff is under no obligation to attach to her complaint documents upon which her action is based, but a defendant may introduce certain pertinent documents if the plaintiff failed to do so." Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir. 1993). In the case before us, neither party has seen fit to attach any policy manual, or for that matter, any other evidence of the plaintiffs' alleged employment contracts. In the event that the Court actually had a copy of the policy manual to review, we could look beyond the face of the complaint to determine whether the contract indeed contained the alleged promises.[4] Instead, we are limited to the allegations set forth in the complaint in reviewing the validity of the claim. Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996). Looking solely to those allegations, we consider whether the plaintiffs have adequately alleged an enforceable contract.
In Illinois, there is a presumption that employees who are hired without a fixed term are employees at will. Duldulao v. Saint Mary of Nazareth Hosp. Ctr., 115 Ill.2d 482, 489, 106 Ill.Dec. 8, 12, 505 N.E.2d 314, 318 (1987). A party may overcome this presumption if she can show that she contracted otherwise. Id. The Illinois supreme court has held that "an employee handbook or other policy statement creates enforceable contractual rights if the traditional requirements for contract formation are present." Id., 115 Ill.2d at 490, 106 Ill.Dec. at 12, 505 N.E.2d at 318. There are three requirements to demonstrate an enforceable contract between an employer and an employee: "First, the language of the policy statement must contain a promise clear enough that an employee would reasonably believe that an offer has been made. Second, the statement must be disseminated to the employee in *1103 such a manner that the employee is aware of its contents and reasonably believes it to be an offer. Third, the employee must accept the offer by continuing to work after learning of the policy statement." Id.
According to the first requirement of Duldulao, the plaintiffs must establish that there was a clear promise. If we could, we would look to the language of the policy manual to determine if a clear promise was made. Lacking a copy of the actual policy manual, the Court looks to the allegations of the complaint describing the promises that were made. "[A]n employee handbook or similar document creates enforceable contractual rights only when specific procedures have been prescribed by positive and mandatory language." Doe v. First Nat'l Bank, 865 F.2d 864, 872 (7th Cir.1989). An employee handbook or policy document does not create an enforceable contract when the handbook or policy contains discretionary language. St. Peters v. Shell Oil Co., 77 F.3d 184, 188 (7th Cir.1996). In the case before us, the plaintiffs allege that the defendants' written policies expressly provided that any discipline including discharge must be implemented progressively and could only be for just cause. Taking their allegations as true, the plaintiffs have met the first of Duldulao requirement that they allege "specific procedures" for disciplining and terminating employees "prescribed by positive and mandatory language."
The defendants argue that the collective effect of the oral and written statements does not add up to a clear promise, and that the plaintiffs fail to identify the declarant of the oral contract. A complaint need contain only a "short and plain statement of the claim showing that the pleader is entitled to relief." FED.R.CIV.P. 8(a). All that is required under Duldulao is that the plaintiffs allege that there was a promise based on the written policy manual to withstand a motion to dismiss. The plaintiffs' allegations meet this standard. The issue of whether there were also oral promises regarding employment is irrelevant in this particular case to the complaint's sufficiency, and would be better determined on a summary judgment motion or at trial.
The second element of Duldulao requires the plaintiffs to allege that the policy manual was disseminated to them in such a manner that they were aware of the its contents and could reasonably believe it to be an offer. The plaintiffs do not explicitly allege in their complaint how, where or when the policy manual was disseminated to them. Yet, when considering a motion to dismiss, the court views all facts alleged in the complaint, as well as any inferences reasonably drawn therefrom, in the light most favorable to the plaintiff. Doherty v. City of Chicago, 75 F.3d 318, 322 (7th Cir.1996). Because the plaintiffs allege that a policy manual existed and generally describe its contents, it can reasonably be inferred that a manual was disseminated to the plaintiffs in some manner, and the plaintiffs knew of its contents. Therefore, they have met the second requirement of Duldulao.
Finally, the third part of the Duldulao test requires the employee's acceptance of the offer. Once again, the plaintiffs do not expressly allege that they continued working after learning of the defendants' policies regarding progressive disciplinary procedures and discharge for just cause, but again, it is reasonable to infer this from the existing allegations. The plaintiffs thus successfully meet the third requirement of Duldulao.
The plaintiffs' allegations sufficiently meet the three requirements of Duldulao. They need do no more. We deny the motion to dismiss Count VII.
CONCLUSION
For the reasons set forth above, the Court grants in part and denies in part the defendants' motion to dismiss the Second Amended Consolidated Complaint. The motion is granted as to Rutherford's claims in Count I, which are dismissed without prejudice, and as to Count II in its entirety, which is dismissed with prejudice. The motion is denied as to Langford's claims in Count I, and as to all remaining claims.
NOTES
[1] The complaint also states that the terminations violated the plaintiffs' First Amendment rights. The defendants have not challenged this claim, and so we will let it stand for now, although nothing in the complaint appears to support such a claim.
[2] Because we find that a municipal custom may be inferred from the allegations of the complaint, we do not reach the defendants' alternative argument that the plaintiffs failed to allege that Allen was a final policymaker. "Municipal liability attaches only where the decisionmaker possesses final authority to establish municipal policy with respect to the action ordered," Pembaur v. City of Cincinnati, 475 U.S. 469, 481, 106 S.Ct. 1292, 1299, 89 L.Ed.2d 452 (1986), and a complaint must adequately allege that the defendant is the final policymaker. Baxter v. Vigo County Sch. Corp., 26 F.3d at 735. The plaintiffs allege that Allen was the Director of Information Systems, the unit in which they worked, and that she was their supervisor. Generally, a supervisor, especially the director of a unit, is responsible for day to day decisions for that unit, including the hiring and firing of employees. Thus, we find it reasonable to infer that Allen is a final policymaker under the present allegations. And, because the plaintiffs have sufficiently alleged that Allen herself directed their terminations, their complaint (at least at this stage) does not suffer from the causation defects noted by the Supreme Court in their recent opinion, Board of County Commissioners v. Brown, ___ U.S. ___, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997).
[3] Under some circumstances, terminating an employee in retaliation for the employee's use of benefits may be prohibited by ERISA. See Lindemann v. Mobil Oil Corp., 940 F.Supp. 189 (N.D.Ill.1996).
[4] Although it was not attached to the complaint, in this case the Court could properly consider the defendants' policy statement or handbook without converting the motion to dismiss into a motion for summary judgment. Documents that are referred to in the complaint and are central to the plaintiffs' claim are treated as part of the pleadings. Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993).
|
2016
Spray tans can have a bad reputation for looking inauthentic, but that doesn't mean they can't look natural -- it only means that the less-authentic spray tans are the ones that are most noticeable. There are some tips and tricks you can use to make sure your spray tan looks as though you just spent some time on the beach.
Always Go a Little Lighter Than You Intend
Many people go darker with a spray tan because they expect the tan to wear off.
Has your hair been damaged by hard water? Perhaps it has and you do not know it. If you use hard water on your hair, it can change its color, make it brittle or dull, and lose its ability to hold a curl or have bounce. Some people also do not yield the best results from chemical treatments such as perms or hair color when their hair has been damaged by hard water.
If you are going to hair school, it is common knowledge that this is something that you want to be successful at, so that you can have a rewarding career as a cosmetologist. Here are three great tips that can help you to be successful in hair school.
Take Classroom Hours Seriously
While sitting in the classroom during hair school may not be the most exciting aspect of the process, it is one of the most important.
When you have a little girl who likes to participate in beauty pageants, it is important to make sure that she is able to always look her best in the competitions. There are some pageants that require girls to wear hairpieces to create a glitzy look. If your daughter is required to wear a hairpiece in an upcoming pageant, it is important to properly prepare for the big day. Use the guide that follows to learn how to properly prepare your daughter's hairpiece for any upcoming pageant.
Skin problems, especially ugly conditions like scaly skin, can be frustrating and hard to handle. While the sudden emergence of scaly skin isn't necessarily a sign of skin cancer, it could be. As a result, you need to understand when scaly is a sign of cancer and how it can be treated.
Yes, Scaly Skin May Be Cancer
Scaly skin is often caused by a variety of health problems, including psoriasis and other forms of dermatitis.
If you are looking for a fun mommy and daughter date idea, then you should consider going to the beauty salon. Beauty salons have so many different services that either you, your daughter, or both of you can enjoy. You will also be together the entire time, which is the purpose of mommy and daughter dates. This article will discuss 3 reasons to have a mommy and daughter date at the beauty salon.
If you work in the beauty industry, then you are likely very familiar with waxing and just how popular it is. Waxing is great for removing hair from unwanted areas such as the face, back, chest, arms, legs, bikini line, armpits, and pretty much any area on the body where someone feels that hair shouldn't be. In order to properly remove hair, you are going to need the appropriate waxing supplies.
Extending your wardrobe is essential these days, especially if you trying to live a little more budget friendly. One of the more transitional pieces are dresses, so if you have a summer dress, you can wear it a lot more than just in the summer. You just need to add a few more key pieces to be able to wear it each and every season, extending your wardrobe. See below for tips on how to wear your summer dresses all year long. |
Charles Somerville
Charles Ross Somerville (September 9, 1856 – March 28, 1931) was a manufacturer and politician in Ontario, Canada. He served as mayor of London from 1918 to 1919.
The son of John Brown Somerville and Elizabeth McKinnon, he was born in Morton, Leeds County and was educated in Goderich. In 1888, he established himself in business in London as a manufacturer of paper boxes and confections. Somerville retired from business in 1909.
He married Christina Wilson after the death of his first wife.
Somerville served on the public school board and on the board of governors for the University of Western Ontario. He ran unsuccessfully for the London seat in the Canadian House of Commons in 1921 as a Liberal, losing to John Franklin White.
Somerville Limited was purchased in 1910 by J. K. and D. H. McDermid and expanded over time, with five plants in London(2), Walkerville, Strathroy and Neustad. In 1944, the company was taken over by W. Garfield Weston; four of the five plants were replaced by a larger facility in Crumlin, Ontario and seven additional plants were built by 1969. He died in New York City after an illness in 1931 and was buried in London.
References
External links
Category:1856 births
Category:1931 deaths
Category:Mayors of London, Ontario
Category:People from Leeds and Grenville United Counties |
# You can specialize this file for each language.
# For exemple, for french create a messages.fr file
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Nathan Buhler
While Ferris Bueller had a day off, Nathan Buhler might be having the time of his life at Calgary’s Fire Hall #1. Or is he? He dropped his phone into the Bow River and a man paddleboarding later came across it under 4 feet of water, charged it up, turned it on to see if it was working, and turned it into the fire hall. Naming the phone Héctor Chavez, the fire department decided to have… |
Bone marrow angiotensin AT1 receptor regulates differentiation of monocyte lineage progenitors from hematopoietic stem cells.
The angiotensin II (Ang II) type 1 (AT(1)) receptor is expressed in bone marrow (BM) cells, whereas it remains poorly defined how Ang II regulates differentiation/proliferation of monocyte-lineage cells to exert proatherogenic actions. We generated BM chimeric apoE(-/-) mice repopulated with AT(1)-deficient (Agtr1(-/-)) or wild-type (Agtr1(+/+)) BM cells. The atherosclerotic development was significantly reduced in apoE(-/-)/BM-Agtr1(-/-) mice compared with apoE(-/-)/BM-Agtr1(+/+) mice, accompanied by decreased numbers of BM granulocyte/macrophage progenitors (GMP:c-Kit(+)Sca-1(-)Lin(-)CD34(+)CD16/32(+)) and peripheral blood monocytes. Macrophage-colony-stimulating factor (M-CSF)-induced differentiation from hematopoietic stem cells (HSCs:c-Kit(+)Sca-1(+)Lin(-)) to promonocytes (CD11b(high)Ly-6G(low)) was markedly reduced in HSCs from Agtr1(-/-) mice. The expression of M-CSF receptor c-Fms was decreased in HSCs/promonocytes from Agtr1(-/-) mice, accompanied by a marked inhibition in M-CSF-induced phosphorylation of PKC-delta and JAK2. c-Fms expression in HSCs/promonocytes was mainly regulated by TNF-alpha derived from BM CD45(-)CD34(-) stromal cells, and Ang II specifically regulated the TNF-alpha synthesis and release from BM stromal cells. Ang II regulates the expression of c-Fms in HSCs and monocyte-lineage cells through BM stromal cell-derived TNF-alpha to promote M-CSF-induced differentiation/proliferation of monocyte-lineage cells and contributes to the proatherogenic action. |
SEBASTIAN – Grind & Grape in Vero Beach has banned people for sharing a recent Sebastian Daily review that wrote about their bad service.
“I shared your article Friday morning. I did not expect to receive messages at 1:00 a.m. on Sunday morning from staff members saying I am banned for sharing the article,” the customer said. The customer wishes to remain anonymous, but we do have the screenshots of the chat between them and a Grind & Grape employee.
There are four others who were also allegedly banned. One of them wrote Grind + Grape a long apology “begging for forgiveness” to return, according to the patron.
An employee told the customer “You’re banned from Grind. Sorry” and “You shouldn’t have shared that review buddy.”
The customer asked, “Are the other 700 people and the writer of the article banned too?” The staff member replied “Yes,” and “You’re a friend of the place, you should’ve been defending period.”
The customer said they’ve been going to Grind & Grape in Vero Beach for two years now with friends.
“It appears this place would rather coerce people out of their Freedom of Speech, rather than improving the business,” the customer added.
The ban comes after Sebastian Daily published a Grind & Grape review about their bad service, bartenders lashing out at customers, and people being served ahead of others because of favoritism.
“Grind & Grape in Vero Beach is lacking experienced management which leaves the staff undertrained. The one bar is understaffed, the cocktail servers on the patio are unable to keep up with orders and are seen carrying empty glasses one by one to the kitchen,” the review said.
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wowefastories@gmail(dot)com
with the title heading "WOWEFA Story Submission"
** This is a continuation of my previous fics. Make sure you read "Kurt Angle
The New Cummer" before reading this fic. **
Kurt Angle Gets Lucky In Cape Cod
by Kurt/Steph
"You want me to stay at your vacation house in Cape Cod this weekend?" Kurt
asked into the phone, thinking he had misunderstood his boss.
"Yes I do! You need a break, Kurt. This past month, you've done nothing but
work. You've been in the WWF for a week or two and you are already going to
be ready for regular WWF House Show venues. You really need to take a
relaxing weekend." Said Vince, "Linda and I would love to have you. My son,
Shane, and daughter, Stephanie are coming up for the weekend also."
All Kurt had to hear was that Stephanie was going to be there. Steph had
switched internships and was now spending her days with her mother on the
executive floor of WWF Headquarters; Because of this, Kurt had not seen
Stephanie for a week or two. Kurt had continued to impress Vince with his
incredible wrestling ability, but some how it wasn't the same without Steph
there to 'congratulate' him on a job well done.
Angle showed up at the McMahon vacation home in Cape Cod. It was Linda
McMahon that greeted him at the door.
"It was fine, thanks." Kurt replied, while his eyes scanned his surroundings.
"Everyone is out back on the patio. Your room is the one at the very end of
the hall on the left upstairs. After you put your luggage upstairs, come
outside." Linda said, before leaving Kurt to attend to his luggage.
"Kurt, glad you could make it!" Vince exclaimed getting up from his patio
chair to give Kurt a pat on the back after he made his way out in his swim
trunks.
"Hey Mr. McMahon, thanks for inviting me for the weekend."
"Kurt, what did I tell you? Call me Vince."
"Okay…Vince."
"Kurt, sit down and make your self at home. What can I get you to drink?"
Linda asked, playing the polite host.
"A beer would be great, thanks." Kurt said, his eyes now focused on Stephanie
who he saw sitting next to her brother, Shane.
Linda and Vince both went back into the house leaving Shane, Stephanie, and
Kurt sitting on the patio.
Stephanie smiled back at Kurt as he walked over to the empty seat on her
left and sat down. He glanced over at the young McMahon. To Angle's delight,
Stephy was wearing a skimpy bikini that complimented her beautiful body.
Steph noticed Kurt's glancing eye, she gave him a smirk as Shane started up
a conversation with Kurt.
"So Kurt, do you get a lot of chicks being an Olympic Gold Medalist and all?"
Shane said with a laugh before taking a drink from his beer.
"Oh yeah, you know it." Kurt said with a nod as he laughed aloud.
Stephanie laughed and playfully punched Kurt in the arm before changing the
subject.
"Let's go swimming guys. Kurt, you can help me dunk Shane." Stephanie said
with a smile before she looked over at Shane giving him a dirty look.
"She's still pissed because I dunked her so bad last summer…She swallowed a
mouth full of salt water." Shane said laughing as Stephanie slapped Shane in
the arm.
"Wow...Stephanie swallowed...salt water." Kurt said as he and Shane started
cracking up.
"Oh both of you can go fuck yourself." Steph said giggling before getting up
and running off the patio into the water. "Come on you guys!"
Angle smirked getting up out of his seat. He walked off the patio, and then
looked back at Shane who remained seated.
Angle quickly joined Steph in the water. He smiled as they moved close to
talk.
"Have I ever told you how fucking hot you look in a bikini?" Angle asked in
a whisper. "I wanna fuck you so bad right now."
Angle's eyes went to Stephanie's cleavage. The salt water making her boobs
glisten in the sun. This reminded him of the tit fuck he received during
their last encounter. He was getting hard thinking about his cock nuzzled
in between Stephanie's gorgeous mounds.
"My room or yours?" Angle whispered back beginning to swim around Steph.
"I'll come to you." Steph said.
"You mean you'll come for me." Angle corrected in a whisper before grabbing
Stephanie and dunking her in the water.
Shane laughed hysterically from the patio and Steph quickly surfaced and
splashed Angle in the face. Angle wiped the stinging salt water out of his
eyes with his hand before feeling Stephanie's foot push into his trunks
right into his cock as she kicked her legs swimming away from him. She
turned around a few seconds later and flashed him a naughty smile. Tonight
was going to be great.
The rest of the day wore on. Kurt Angle found himself watching the clock
through the chit chat at the McMahon dinner table during their meal. All he
could think about was getting to fuck Steph. It was a good thing that he had
jerked off this morning in the hotel shower; his balls wouldn't be able to
take the anticipation of fucking the McMahon princess if two weeks of jizz
was built up.
After what seemed like an eternity, the evening was over and everyone had
retired to their respective rooms. Angle wasted no time getting ready for
Stephy, he quickly pulled off his clothes and got into the king sized bed.
His already erect cock pitching a tent with the sheets.
"Come on Stephy...Get your hot ass over here." Angle whispered aloud as he
gave his member a few strokes.
To his excitement, he heard the door open and the young McMahon slipped into
the room. She quietly closed the door. Stephanie's cute little nightgown gave
her the sexy virgin school girl look. Angle knew better; He motioned her to
come over. Steph walked over to the foot of the bed. Angle wasted no time
moving forward to meet Steph. His hands quickly pulled up at her cotton
nightgown. Stephanie smiled as she raised her arms allowing Kurt to slip it
over her head. To Kurt's surprise, Stephanie was completely naked; no
underwear or anything. Her shaved pussy right in front of him. Just like him,
she was ready for a good fuck.
"God I missed you." Angle whispered lovingly before kissing her passionately.
Stephanie moaned while they kissed, wrapping her arms around his neck as
they both fell back into the bed; Stephanie on top. Her tits rubbed against
Angle's hard chest. They continued to make out as Kurt's hands explored the
magnificent contours of her body, starting at her back and ending at her firm
ass. He gave it a hard squeeze causing Stephanie to giggle.
"Kurt!" Steph squealed after breaking their lip lock.
"Steph, shhhh! Your parents and brother are just down the hall." Angle
reminded before going to work at Stephanie's neck. Steph giggled softly as
her boyfriend kissed and sucked on her neck.
"Kurtie...I know we just had dinner, but...maybe you want some dessert?"
Steph asked with a smile before she quickly rolled her and Kurt over before
he even knew what happened.
"Dessert?" Kurt asked, he didn't know what Steph was planning.
"Yeah," Stephanie said in a seductive voice. "Dessert."
With that said, Stephanie quickly stood into a squat right over Angle's face.
This gave Kurt Angle the best view of Steph's pussy that he had ever seen.
"Oh yeah baby...I'm been craving you..." Angle whispered as he brought his
hands to her cunt. Kurt opened her pussy lips with his thumbs allowing him
full access to her pink folds.
Stephy wasted no time lowering her crouch onto Angle's awaiting mouth. She
immediately began to feel the great sensation of the Olympic Champion sucking
and nibbling on her clit.
"Ugh!" Escaped Steph's mouth as she looked down to see Kurt remove his hands
from her vaginal lips and place them on her ass, making her hump his face.
Steph closed her eyes, leaning back, her hands planted on Angle's muscular
thighs while she enjoyed the feeling of Kurt's tongue exploring her moist
treasures.
"Eat that pussy, Kurt..." Steph whispered as her hands squeezed his thighs
while an orgasm ripped through her body.
You would have thought that Angle hadn't eaten in days the way he feasted on
her twat. Pussy juice trickled down Angle's cheek as he expertly worked his
tongue in and out of her vaginal hole. Every few seconds, he would remove
his tongue from her hole, give her clit a few licks causing Steph to try
desperately to hold in her moans. She didn't want to wake her family.
Steph couldn't believe how hard Kurt was working to pleasure her. She began
to help Kurt with the rhythm to which he was plunging his tongue into her.
She swiveled her hips, thrusting into his face.
"Baby...let's 69...so I can...return the favor." Stephanie said in a low
shaky voice. It was so hard for her to contain herself, she wanted to scream
out from the pleasure her man was giving her.
Steph quickly swiveled around, allowing Kurt's lips and mouth to remain on
her pussy. She was now facing the foot of the bed. Steph quickly laid down;
allowing her abdomen to meet his as She took his cock in her hand and began
to lick and suck it.
Both lovers grunted as the pleasured each other. Kurt Angle was on cloud
nine, he didn't know what was better, eating out Stephanie's warm moist twat
or having his dick sucked by her. Steph moaned while she bobbed her head fast
up and down the length of his manhood while she caressed his balls with one
hand; the sensation causing Angle to grunt and moan as he continued munching
on her pussy.
"I need... you inside me...now." Stephanie said allowing his member to slip
out of her mouth.
Before Angle could do or say anything she rolled off of him and laid next
him on her side. Her back facing him as Kurt turn onto his side, moved closer
to her. He got so close that his legs fit into hers like pieces to a jigsaw
puzzle. He quickly moved his right hand down between their two sandwiched
bodies. He grabbed hold of his saliva covered cock and put it in her pussy.
His cock quickly glided up into her pussy with ease thanks to Angle's
previous exploration with his tongue.
"Fuck yes..." Escaped Stephanie's mouth as she reached behind her and wrapped
her left arm around Kurt's neck as he began to hump into her.
"Like that baby?" Angle grunted softly as he got his arms around her torso,
allow him more control as he thrusted his cock in and out of her cunt. His
hands down at her crouch. His fingers finding her clit which he quickly began
to rub adding to the pleasure of their fucking.
"Fuck!" Stephanie whined as she banged her right hand into the wooden head
board of the bed.
"Shhh...your parents...ugh...ugh" Kurt said in a whisper as he pulled one
hand way from where he was fingering her clit and reached up, grabbing her
right hand taking away her ability to slam it against the head aboard again
as their fucking increased intensity. He allowed Steph to then grab hold of
the top of the head board, helping him slam his cock into her twat harder.
"Stephy...ugh..ugh..yeah, take it baby..." Kurt said a little louder before
he planted his mouth on her neck beginning to suck while his hand at the head
board grabbed hold of hers.
The wooden head board began to creak as both Kurt and Steph pulled it, trying
desperately to get off. His dick was now thrusting in and out of her pussy at
mind blowing speed. Angle could feel the cum beginning to churn in his balls
as they both tried to keep their grunts and moans soft.
"UGH!!" Stephanie yelled out as an earth shattering orgasm made her whole
body shake while the Olympic seed filled her twat.
"Linda..." Vince whispered in the darkness of their bedroom.
His wife turned toward him in bed, half asleep.
"Hmm?"
"Did you hear something?" Vince asked, he looked over at his wife who was
asleep. He focused on listening for a second. It was when he heard nothing
that he went back to sleep. |
Dinner, Beer, Wine, Cocktails
The New Food and Drink of Germany and Central Europe
Catering
Bronwyn offers catering for drop-off delivery service for lunches and events Monday through Friday 10:30am – 6pm. We provide a unique and exciting menu customizable to a wide range of budgets. We offer a great selection of haus sausages, specialty hot dogs on pretzel buns, sandwiches and salads, and even a “Bronwyn Office Party” with a selection of Hors d’oeuvres! Everything served is made in house and local farms are utilized for meats and produce.
About
Overview
BRONWYN is a restaurant and bar located in Union Square, Somerville, featuring the cuisine of Germany and greater Central and Eastern Europe. Chef Tim Wiechmann draws on his cultural heritage to create hand-crafted sausages, schnitzels, traditional noodles and specialties such as Riesling sauerkraut and giant pretzels. An extensive list of bier and regional wein has been curated to enhance the cuisine. The chef’s wife, Bronwyn, is the restaurant’s namesake.
The interior of BRONWYN embodies the rusticity of a European tavern and is adorned with the handcrafted treasures of the Chef’s travels and his family’s heirlooms. Upon entering the restaurant, one is reminded of the artistic spirit that imbues the neighborhood of Union Square.
BRONWYN is open for dinner seven nights a week; the adjacent biergarten overlooks lively Union Square during the warm months.
Food
The style of cuisine that Wiechmann holds close to his heart is reflected in many of the Central and Eastern European countries whose borders interlock. It is Wiechmann’s mission to bring hand-crafted specialties that have given him much joy to his patrons.
Although surrounded by the authenticity of the German-influenced cuisine and surroundings, one will not forget the time and place, the seasonality and locale, of this urban New England establishment. The Northeast influence simultaneously and seamlessly plays a role in Chef Wiechmann’s cuisine, and his close ties to local farms will provide much produce for the restaurant. Close attention is paid to the sourcing of ingredients, and the dishes will wax with the seasons, as the New England climate closely mirrors that of Central Europe.
Design
The rusticity of a European tavern, coupled with the handcrafted treasures of the Wiechmann’s travels, embodies the ambience at BRONWYN. Upon entering the restaurant, one is reminded of the artistic spirit that imbues the neighborhood of Union Square. Family heirlooms, such as his great-grandparents’ iron chandeliers, hand stitched “heimatwerk”, and copper reliefs, represent the Wiechmanns’ own collection of travels throughout Europe. In the dining room, gothic hand crafted chairs, cushioned with plush velvet, stand prominently around slatted wood tables, with period hutches serving as both decoration and utility. Re-claimed wood from the beaches of Maine forms the base of the biergarten tables, while the zinc bar, rescued from salvage and hand polished by the BRONWYN team, now glimmers upon entering the space.
Bar
BEER Throughout the centuries, the Germans have preserved the purity of beer with the “Reinheitsgebot”, an ancient law that limits beer’s ingredients to barley (or wheat), water, hops and yeast. The countries of Central and Eastern Europe have coined their own interpretations of lagers and ales, and endless flight of colors and textures. At BRONWYN, we are thrilled to share with you the most revered Hefe Weizens, Pilsners and Lagers the world has to offer.
WINE The “weinstube”, or German wine tavern, is a cellar-like enclosure that is known for pouring regional wines. At BRONWYN, the wines are imported from the ancient vineyards of Germany, Austria, and the hills of the Alto Adige of northeast Italy. Rarely exported varietals, as well as the most noble and notorious grapes of the region, comprise the list. One can sip and swirl the classics or experience a totally new encounter.
COCKTAILS The cocktails are non-classical; each one is inspired from the spirits, traditions and flavors of Central and Eastern Europe. After dinner, one can sip rare schnapps made with fruit from the valleys and forests of Austria and Germany.
Location
Social
Winter Hill is in the house tonight for Local Brewery Mondays during Oktoberfest! Keep the holiday weekend going with us! We will be pouring their Pomegranate Molasses Saison!! Yum! #oktoberfest #bronwynrestaurant #winterhillbrewingcompany #whbc
Post your own BRONWYN shots on Instagram and be sure to tag us for a chance to win a gift certificate! Throughout each month, we will feature the very best posts here. |
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Fred Cusick
Frederick Michael Cusick (November 7, 1918 – September 15, 2009) was an American ice hockey broadcaster who served as the Boston Bruins play-by-play announcer from 1971 until 1997 on WSBK-TV (Channel 38) in Boston, and from 1984 until 1995 on NESN. Counting his radio broadcasts, he was a Bruins' announcer for an unprecedented 45 years, and was an active sports announcer for over seven decades. He is best known for yelling "SCORE!" when a Boston player scored a goal.
Biography
Early life and career
Fred Cusick was born in the Brighton section of Boston. A graduate of (and former hockey player at) Northeastern University in Boston, Cusick began broadcasting sports at WCOP in Boston in 1941 while a senior at Northeastern, crediting his hockey background as the entree to the position. He subsequently went into the United States Navy in World War II, rising to lieutenant in command of a subchaser. After the war, he worked for several radio stations, hosting the popular Irish Hour on WVOM in Brookline, which focused on sports, especially hockey. After a brief time in Washington during the Korean War and upon the retirement of Bruins' radio broadcaster Frank Ryan, Cusick – paired with ex-Bruin Jack Crawford – became the radio play-by-play broadcaster of the Bruins from 1952 to 1963, during which time he was also Sports Director for WEEI radio in Boston.
Cusick was the announcer for the first US network NHL broadcast (CBS-TV in January 1957); he would spend four years in all working the NHL Game of the Week for CBS.
1960s-1970s
Fred Cusick was the color commentator on WEEI for the very first game of the fledgling American Football League, a Friday night contest between the Denver Broncos and the Boston Patriots on September 9, 1960, at Nickerson Field on the campus of Boston University. He served as the color man for Patriots radio between 1960 and 1964. He also had a notable interview with golfing legend Francis Ouimet in 1963, on the fiftieth anniversary of Ouimet's 1913 U.S. Open victory. It is the only video interview of Ouimet in existence.
In the early 1960s, Cusick was responsible for getting Boston Bruins' games on local television on a regular basis. In 1963, Bruins CEO Weston Adams asked Fred and producer/director Neal P. Cortel to arrange the first-ever live telecast of a Bruins game from the old Boston Garden. The experimental telecast was wildly popular, and later during the 1963/1964 season, Fred hosted the Sunday morning rebroadcasts of edited CBC Television tapes of Saturday night Bruins games in Montreal and Toronto; flown back overnight with the team, seen first at 9:00 AM on WMUR-TV in Manchester, New Hampshire and WTEV-TV (now WLNE-TV) in the Providence/New Bedford market (the signal[s] of which covered most of the Boston area), then at 1:00 PM on the old WHDH-TV (now WCVB-TV) in Boston, WWLP-TV in Springfield, and WRLP-TV in Northampton. Fred's telecasts were enormously popular, and within a few years, games would be shown live on WKBG and later began a long run at WSBK-TV.
From 1969 through 1971, Cusick was the radio voice of the Boston Bruins on WBZ-AM 1030 (Bob Wilson replaced him on WBZ-AM starting in 1972) when they reached the pinnacle of their popularity, winning their first Stanley Cup in 29 years in 1970, and setting a regular-season record for points and goals scored in 1970–71. His broadcasting partners were former NHL players Johnny Peirson in 1969–70 and Cal Gardner in 1970–71.
In 1971, Cusick returned to television, succeeding Don Earle, who had been hired by WSBK when they began covering the Boston Bruins, as play-by-play man for Bruins' games on WSBK with Peirson as his color man; when NESN was formed in 1984, he did double duty for 11 years, calling games for both channels. In his last years before he retired from broadcasting the Bruins, Cusick did games only for WSBK.
1980s-1990s
He was inducted into the Hockey Hall of Fame in the first wave of media honorees in 1984, and in that year was also named the first winner of the Foster Hewitt Memorial Award (along with Danny Gallivan, Rene Lecavalier and Hewitt himself), "in recognition of members of the radio and television industry who made outstanding contributions to their profession and the game during their career in hockey broadcasting." He has also won the Lester Patrick Trophy in 1988 for outstanding service to hockey in the United States.
It was Cusick who did the television play-by-play of the last Bruins' game at the old Boston Garden (a pre-season game against Montreal in 1995) and the first Bruins' game in the FleetCenter, the 1995–96 season-opener against the New York Islanders.
2000s
After retiring from the Bruins' broadcasts in 1997, he began broadcasting home games for the AHL Lowell Lock Monsters with former Bruin Brad Park as his partner. He retired for good as a hockey sportscaster after the 2002 season at the age of 83.
In 2007, he returned to the broadcast booth as the Cape Cod Baseball League game of the week play-by-play announcer on WBZ (AM) Radio.
His autobiography, Fred Cusick: Voice of the Bruins (), was published in October 2006.
Death
Fred Cusick died in his sleep on September 15, 2009 at his home in Barnstable, Massachusetts from complications of bladder cancer. The following day he was posthumously inducted into the Massachusetts Broadcasters Hall of Fame, an honor he had been scheduled to receive before his death.
References
External links
Fred Cusick's official site
From Cape Cod League website
Category:1918 births
Category:2009 deaths
Category:Deaths from bladder cancer
Category:Deaths from cancer in Massachusetts
Category:National Hockey League broadcasters
Category:Boston Bruins sportscasters
Category:Lowell Lock Monsters
Category:Lester Patrick Trophy recipients
Category:Sports in Boston
Category:Boston Patriots broadcasters
Category:New England Patriots broadcasters
Category:American Football League announcers
Category:Northeastern University alumni
Category:Foster Hewitt Memorial Award winners
Category:Baseball announcers
Category:American Hockey League broadcasters |
Owl Hold-a-Note
Although this species of bird is rather secretive, you'll be able to spot it easily with your magnetic Owl Hold-a-Note. This Great Horned Owl note pad will perch on any steel surface. With these astute horn-like ears and big eyes peering out at you, you'll always be turning your head to look in its direction, which will make noticing reminders, notes, and your grocery list much more convenient. Including the note pad, this item is approximately 4.25 x 5.25 x 1 inches. |
Blacksmith Toxic Waste Site Assessment
Children in an Armenian village playing on toxic mining waste deposited near their schoolyard.
AUA ACE, in partnership with the AUA School of Public Health and two Republic of Armenia ministries, contributed to the Blacksmith Institute’s Global Inventory Project for Toxic Waste Sites in Armenia. The Blacksmith Institute, an international not-for-profit organization, is developing a global inventory of toxic hotspots that pose a risk to human health in low- and middle-income countries. The project evaluated 25 sites across five marzes in Armenia impacted by mining and other industrial activity. Water and soil samples were collected to analyze for heavy metals and other toxic chemicals. In addition, more than 124 community members, local authorities, and NGO representatives participated in interviews. The findings of this study show that many of these communities have unacceptably high levels of toxic pollutants and that the residents are not informed about the risks and ways to minimize exposure. While no funding exists yet, AUA ACE plans to address this lack of knowledge in communities over the summer through preparing educational materials and engaging partners with extensive networks in affected communities. |
When focus in the matches is where the series shine!
Great matches!
You feel every play!, what they think when playing and the stratagies!
If you whant to know Badminton or whant to see a sport´s series? the answer is yes it´s a great series!
But if you are like me and want something more than the "Sport"!?
Is where houses the series problem´s.
Because they throw soo over the "top" the human drama to the point of unintencional comical or like "spanish soap opera"...if you understand me...
In special the Ayano drama the manga do soo much better whif that part and what series do is so unforgetful!; and i remove one star because of that and make a "passable" for me the series. |
A multimedia beginner German programme based on videos. The online textbook includes recorded vocabulary, phonetics lessons, an online grammar component, online comparative polls and internet writing activities. Developed by University of Texas |
ALISON SPITZER
Vice president, Spitzer Management
Some might say Alison Spitzer, 31, was born on an easy road into the car business. But it was her own drive that propelled her to the national forefront as an industry force.
Though she concedes she has been “daddy's little girl” for most of her life — with “daddy” being mega auto dealer Alan Spitzer — Ms. Spitzer said she always has dreamed of working in international relations. She earned a master's degree in international communications from American University in Washington D.C., where she graduated with honors after studying in France, Italy, England and even Cuba.
International relations still might be in the cards for the future, according to Ms. Spitzer. In the meantime, she has made a splash in national relations, acting on behalf of U.S. auto dealers, including her father, who thought they were treated unfairly when General Motors and Chrysler took away dealerships in an effort to consolidate distribution networks.
With her dad, Ms. Spitzer helped dealers face down not only the automakers, but also the federal government backing the car giants. The two saved hundreds of dealerships nationwide in the process and since have written a book on the subject, called “Grand Theft Auto.”
Along the way, her father says, Ms. Spitzer revamped the marketing strategies of his 16 dealerships, including drastically increasing their Internet marketing.
“She has gained the respect of seasoned veterans twice her age, not only within our organization, but with executives from the auto manufacturers as well,” Mr. Spitzer said.
Ms. Spitzer says she doesn't know if she'll spend her entire career in the car industry. But she wanted business experience when she began working with her father in 2007 and figured, “If I was going to help any company grow, it would be my family's company,” she said.
Aside from her career, Ms. Spitzer raises her 2-year-old daughter, Vera, and her baby son, Archer, with her husband, Jeremy Swartz. She might not be done advancing her motherhood career, either.
“I've always wanted to have four, and my husband would love to have four,” said Ms. Spitzer, who is one of four siblings herself.
“But my mom stayed home and was able to completely focus on us. We'll see how it goes,” she said. “I don't want my kids to look back and say, "My nanny raised me.'”
Morning Roundup
Business headlines from Crain's Cleveland Business and other Ohio newspapers — delivered FREE to your inbox every morning. Sign up for the Morning Newsletter. |
Q:
get the acceleration without gravity
I'm new to android development. I want to get actual acceleration of the phone.I found a code to get acceleration.but it gives acceleration with gravity. Please any one help me to find a way to get actual acceleration without gravity.
Here's the code i found,,Please help me with this code. thank you
package com.SensorTest;
import android.app.Activity;
import android.hardware.Sensor;
import android.hardware.SensorEvent;
import android.hardware.SensorEventListener;
import android.hardware.SensorManager;
import android.os.Bundle;
import android.widget.TextView;
public class SensorTestActivity extends Activity implements SensorEventListener {
SensorManager sensorManager = null;
//for accelerometer values
TextView outputX;
TextView outputY;
TextView outputZ;
//for orientation values
TextView outputX2;
TextView outputY2;
TextView outputZ2;
@Override
public void onCreate(Bundle savedInstanceState) {
super.onCreate(savedInstanceState);
sensorManager = (SensorManager) getSystemService(SENSOR_SERVICE);
setContentView(R.layout.main);
//just some textviews, for data output
outputX = (TextView) findViewById(R.id.TextView01);
outputY = (TextView) findViewById(R.id.TextView02);
outputZ = (TextView) findViewById(R.id.TextView03);
outputX2 = (TextView) findViewById(R.id.TextView04);
outputY2 = (TextView) findViewById(R.id.TextView05);
outputZ2 = (TextView) findViewById(R.id.TextView06);
}
@Override
public void onAccuracyChanged(Sensor arg0, int arg1) {
// TODO Auto-generated method stub
}
@Override
public void onSensorChanged(SensorEvent event) {
synchronized (this) {
switch (event.sensor.getType()){
case Sensor.TYPE_ACCELEROMETER:
outputX.setText("acclaration x:"+Float.toString(event.values[0]));
outputY.setText("acclaration y:"+Float.toString(event.values[1]));
outputZ.setText("acclaration z:"+Float.toString(event.values[2]));
break;
case Sensor.TYPE_ORIENTATION:
outputX2.setText("orientation x:"+Float.toString(event.values[0]));
outputY2.setText("orientation y:"+Float.toString(event.values[1]));
outputZ2.setText("orientation z:"+Float.toString(event.values[2]));
break;
}
}
}
@Override
protected void onResume() {
super.onResume();
sensorManager.registerListener(this, sensorManager.getDefaultSensor(Sensor.TYPE_ACCELEROMETER), sensorManager.SENSOR_DELAY_GAME);
sensorManager.registerListener(this, sensorManager.getDefaultSensor(Sensor.TYPE_ORIENTATION), sensorManager.SENSOR_DELAY_GAME);
}
}
A:
It is not possible to get the acceleration directly without gravity.
You can use a high-pass filter, like on the Android Reference Page, in the Sensor.TYPE_ACCELEROMETER section:
public void onSensorChanged(SensorEvent event) {
// alpha is calculated as t / (t + dT)
// with t, the low-pass filter's time-constant
// and dT, the event delivery rate
final float alpha = 0.8;
gravity[0] = alpha * gravity[0] + (1 - alpha) * event.values[0];
gravity[1] = alpha * gravity[1] + (1 - alpha) * event.values[1];
gravity[2] = alpha * gravity[2] + (1 - alpha) * event.values[2];
linear_acceleration[0] = event.values[0] - gravity[0];
linear_acceleration[1] = event.values[1] - gravity[1];
linear_acceleration[2] = event.values[2] - gravity[2];
}
|
417 F.2d 683
Myrtle N. CLARK, Appellee,v.PAUL REVERE LIFE INSURANCE CO., Appellant.Myrtle N. CLARK, Appellant,v.PAUL REVERE LIFE INSURANCE CO., Appellee.Myrtle N. CLARK, Appellee,v.CONTINENTAL CASUALTY CO., Appellant.Myrtle N. CLARK, Appellant,v.CONTINENTAL CASUALTY CO., Appellee.
Nos. 19543, 19544, 19598, 19610.
United States Court of Appeals Eighth Circuit.
Oct. 27, 1969.
Jay W. Dickey, Jr., of Dickey, Dickey & Drake, Pine Bluff, Ark., for Myrtle N. Clark.
H. Watt Gregory, III, of Rose, Meek, House, Barron, Nash & Williamson, Little Rock, Ark., for Continental Casualty Co.
William R. Holland of Bridges, Young, Matthews & Davis, Pine Bluff, Ark., for Paul Revere Life Ins. Co.
Before VAN OOSTERHOUT, Chief Judge, and LAY and HEANEY, Circuit judges.
VAN OOSTERHOUT, Chief Judge.
1
Defendant Continental Casualty Company has taken a timely appeal in case No. 19,598 from the final judgment of the District Court filed September 24, 1968, awarding plaintiff Myrtle N. Clark interest at 6% Per annum on the $50,000 face of defendant's policy from June 14, 1967, to the time of deposit of the policy proceeds in the registry of the court, plus 12% Penalty on the $50,000, and attorneys' fees in the amount of $1,500. Defendant also appeals from the court's failure to allow it costs and attorneys' fees, arising out of the intervention proceedings, out of the deposited funds. Plaintiff by cross-appeal (No. 19,610) urges that the attorney fee allowance made was not adequate and that interest on the policy principal should accrue from the time notice of loss was received by the defendant (May 1, 1967).
2
Defendant Paul Revere Life Insurance Company has taken a timely appeal (No. 19,543) from final judgment awarding plaintiff Myrtle N. Clark interest at 6% Per annum on the $25,000 policy coverage from April 27, 1967, to the time the policy proceeds were deposited in the registry of the court, plus a 12% Penalty on the $25,000, and attorneys' fees of $1,000. Plaintiff by cross-appeal (No. 19,544) urges the allowance of attorneys fees is not adequate.
3
In each of these cases both parties moved for summary judgment. The cases were consolidated in the trial court and heard by the court without a jury. All pleadings and motions together with affidavits and exhibits thereto attached were made a part of the record. Oral evidence was received. Both cases were submitted and decided on the merits and the judgments heretofore described were entered. Jurisdiction based on diversity of citizenship is established.
4
The cases were consolidated for hearing upon appeal. We shall deal with the appeals and cross-appeals in both cases in this opinion.
5
Defendants' Appeals.
6
The principal issue raised by each defendant on appeal is whether the court erred in awarding plaintiff statutory penalty, attorneys' fees and interest. The full amount of the policy coverage in each instance has been paid. The answer to the propriety of the allowance of penalty and attorneys' fees lies in the interpretation of Arkansas Statutes Annot. 66-3238 which in material part reads:
7
'In all cases where loss occurs and the * * * insurance company * * * shall fail to pay the same within the time specified in the policy, after demand made therefor, such person * * * shall be liable to pay the holder of such policy or his assigns, in addition to the amount of such loss, twelve percent (12%) damages * * * with all reasonable attorneys fees * * *.'
8
The Supreme Court of Arkansas in Clark v. New York Life Ins. Co., 434 S.W.2d 611 (December 2, 1968) and Clark Center, Inc. v. National Life & Accident Ins. Co., 433 S.W.2d 151 (November 4, 1968), both decided after the judgments before us were entered, authoritatively interprets 66-3238. The Court, after stating that 66-3238 is highly penal and to be strictly construed, holds:
9
'The language in 66-3238, supra, to the effect 'shall fail to pay the same within the time specified within the policy, after demand made therefor' contemplates that the insurer shall have a reasonable time to make necessary investigation in reference to the loss and the circumstances thereof after demand.' 434 S.W.2d 611, 613.
10
What is a reasonable time for an investigation necessarily depends upon the facts and circumstances of each case. Liability in the cited Arkansas cases, as in the cases before us, is predicated upon accident insurance policies issued upon the life of Millard M. Clark. In the cases before the Arkansas Supreme Court and those before us in these appeals, it is conceded that the policies were valid and in full force and effect. Mr. Clark was found in his apartment fatally wounded by a gunshot in his head on the morning of March 19, 1967. His wife, Myrtle N. Clark, beneficiary of the policies and plaintiff in these cases, was in the room with him. There is no evidence that anyone else was present. On April 25, 1967, Mrs. Clark was charged in a county attorney's information with murder of her husband.1
11
Each of the defendant insurance companies received notice of Mr. Clark's death shortly after the incident. They immediately proceeded to investigate the policy claims with due diligence but were unable to get any information from Mrs. Clark, who upon advice of her attorney and her son refused to make any statement with respect to the circumstances leading to Mr. Clark's death. The prosecuting attorney, following what he believed to be proper ethical standards, refused to give any information that he possessed with respect to the circumstances of Mr. Clark's death and he instructed the investigating officers to give out no information. No other sources of information appeared to have been available. Defendants assert an investigation was necessary for two reasons: (1) The policies excluded liability for suicide and hence an investigation of the suicide aspect was necessary and reasonable. (2) Under Arkansas law, willful, unlawful and feloniously killing of the assured by the person named as beneficiary forfeits all rights of the beneficiary to the policy proceeds. See Clark Center, Inc. v. National Life & Accident Ins. Co., supra.
12
It fairly appears from the trial court's findings, dictated into the record after the case had been submitted, that the court did not doubt defendants' diligence and good faith in the investigation of the loss claims here involved nor defendants' need for information regarding the circumstances of the insured's death in order to properly ascertain their position. The court, upon the basis of its interpretation of the then existing Arkansas law, considered defendants' liability for penalty and attorneys' fees under 66-3238 to be absolute from the expiration of the sixty days from the filing of a claim under the policies.
13
The factual situation in the cases now before us differs in no material respect from the factual situation presented in the two recently decided Arkansas cases heretofore cited.2 Such Arkansas Supreme Court cases were decided subsequent to the trial court's decision. We are of the view that the Arkansas Supreme Court would on the factual situation presented in the cases now before us disallow the penalty and attorneys' fees for the same reasons that it disallowed such items in the New York Life Ins. Co. and the National Life & Accident Ins. Co. cases. Arkansas law controls.
14
The judgments to the extent that they allow plaintiff penalty and attorneys' fees in each of the cases are reversed.
15
In both cases before us, error is asserted in allowing interest on the face of the policies from the date of filing claim under the policies up to the date of the deposit of the policy proceeds in the court registry. The error assertion is in the form of a bald conclusion without ony supporting authorities or argument. Interest is not covered by 66-3238. Each policy provides that the proceeds become due upon the filing of a claim on company prescribed forms. Interest is not a penalty but is compensation for the use of money. 45 A.Jr.2d, 2d, Interest 1. Arkansas Constitution, Article 19, 13, fixes the legal rate of interest at 6% Per annum in instances where the rate of interest has not been agreed upon. Defendants have failed to demonstrate that the court committed error in its interest allowance.
16
Continental in No. 19,598 urges that the court erred in failing to allow it costs and attorneys' fees incurred in its interpleader proceedings. Continental, citing 3 Moore Federal Practice 22.16 (2), asserts that the award of costs including a reasonable attorney fee out of deposited funds in an interpleader proceeding lies within the sound discretion of the court. Assuming without so deciding that this is a correct statement of the law, we hold that the court under the peculiar circumstances of this case did not abuse its discretion in failing to allow costs and attorneys' fees for the interpleader proceedings. See Travelers Indemnity Co. v. Israel, 2 Cir., 354 F.2d 488, 490.
17
Cross-Appeals.
18
Plaintiff in each of the cross-appeals urges that the allowance of attorneys' fees made to her in each of the case is inadequate. Then she additionally states that she should be allowed fees for services of her attorneys on these appeals. Our determination on defendants' appeals that no fees are allowable forecloses the consideration of these issues.
19
Additionally, plaintiff in her cross-appeal in No. 19,610 urges that she should be allowed interest on the policy principal sum from May 1, 1967, rather than from June 14, 1967, upon the basis that Continental had waived filing of proof of loss and that hence the policy proceeds became due on the date of her earlier demand. The court found against plaintiff on this issue. There is substantial evidence to support the trial court's findings.
20
Summary.
21
Upon defendants' appeals in cases Nos. 19,543 and 19,598, the judgments to the extent that they allow the plaintiff a 12% Penalty and attorneys' fees are reversed. In all other respects, the judgments appealed from are affirmed.
22
Upon the cross-appeals in cases Nos. 19,610 and 19,544, the judgments are affirmed with respect to all issues raised by the cross-appeals.
23
The cases are remanded to the District Court for further proceedings consistent with the views here expressed.
1
Mrs. Clark was tried on such charge in April of 1968. The record does not disclose the result of the trial. Counsel on oral argument informed the court that Mrs. Clark was acquitted
2
In Clark v. New York Life Ins. Co., 434 S.W.2d 611, the policy proceeds were paid into the court register on October 6, 1967. Continental filed its interpleader claim and deposited the full policy proceeds in the court registry on August 23, 1967. Paul Revere filed interpleader and deposited the full proceeds in the court registry on October 12, 1967
|
An evolving neural network for the interpretation of gene expression patterns.
It is of central interest in biology to understand how gene activity networks are coordinated and integrated in the cell. Within the field of genomics, microarray technologies have become a powerful technique for monitoring simultaneously the expression patterns of thousands of genes under different sets of conditions. A main task now is to propose analytical methods that can suggest which groups of genes are activated by similar conditions. We review several techniques based on self-organizing map and clustering algorithms but implemented through a network of units controlled by biologically inspired functions (see Table 1). The computer tool, named NBIA, permits a categorization that generates a set of gene groups with coordinated expression patterns. |
Q:
Is there any way to allow a view to be automatically "click-throughable" in a Storyboard?
I have a dark overlay I occasionally present over the full tableview, and I'd like to set it up in the Storyboard, but when I do, it obfuscates access to all the views beneath it (AKA all the views).
Setting it to hidden makes it transparent, but you can still click it. Is there any way to make it click-throughable all the time?
A:
Set the property userInteractionEnabled to NO on your dark overlay view and all user touches should pass through.
Edit:
The simple answer is no. You cannot change how interface builder works. Besides, it's better to do things in code, especially when collaborating.
|
The Architects Registration Board (ARB) is undertaking a pre-consultation review of its ‘Criteria’ and ‘Procedures’ for its ‘Prescription of Qualifications’ – which ‘ensure that individuals hold appropriate qualifications and practical training experience’ – though current criteria specific to the historic environment covers only ‘Historic buildings legislation’, and with the pre-consultation closing 2 October.
The ARB writes:
Our Criteria and Procedures reviewsIn line with Section 4(1)a of the Architects Act 1997, the Board is responsible for determining what qualifications and practical training experience are required for entry to the Register under the UK route to registration. In order to ensure that individuals hold appropriate qualifications and practical training experience on entry to the Register, the Board has established a prescription process for recognising qualifications and experience as well as Criteria which must be met at the appropriate level. The Criteria set out the standards, attributes, knowledge, understanding and abilities that individuals must have met before at the end of each level. The Criteria are therefore important in terms of assuring the users and potential users of architects’ services that individuals who are on the Register have the appropriate minimum levels of skills and expertise. The Criteria also provide information to students and institutions in terms of the areas that must be met in order to demonstrate competence to enter the Register…
The Board has recently agreed to undertake cyclical reviews of its Criteria for the Prescription of Qualifications and the Procedures for the Prescription of Qualifications.
In order to do this we are establishing two separate Task and Finish Groups, consisting of technical experts, to lead on these reviews. The first task that the Groups have been charged with is gathering information and feedback about our current Criteria and Procedures.
Further information about the current Criteria and Procedures can be found here: |
Hochzeiger restaurants & mountain huts
Hochzeiger restaurants & mountain huts
Culinary art at Hochzeiger ski resort
Hochzeiger’s many restaurants, mountain huts and bars invite with their sun terraces to linger for sociable get-togethers. Experience delightful moments with Pitztal’s hospitality and culinary highlights in the heart of the ski resort. We look forward to your visit! |
Seasonal variation, source, and regional representativeness of the background aerosol from two remote sites in western China.
Using observations from two remote sites during July 2004 to March 2005, we show that at Akdala (AKD, 47 degrees 06' N, 87 degrees 58' E, 562 m asl) in northern Xinjiang Province, there were high wintertime loadings of organic carbon (OC), elemental carbon (EC), and water-soluble (WS) SO4(2-), NO3(2-), and NH4+, which is similar to the general pattern in most areas of China and East Asia. However, at Zhuzhang (ZUZ, 28 degrees 00' N, 99 degrees 43' E, 3,583 m asl) in northwestern Yunnan Province, the aerosol concentrations and compositions showed little seasonal variation except for a decreasing trend of OC from August to autumn-winter. Additionally, the OC variations dominated the seasonal variation of PM10 (particles<or=10 microm diameter) level. Chemical characteristics combined with transport information suggested sea salt origin of ionic Na+, Mg2+, and Cl- at ZUZ. At AKD, ionic Ca2+, Mg2+, Na+, and Cl- primarily originated from salinized soil. Furthermore, the WS Ca2+ contributions (5.4-6%) to the PM10 mass during autumn, winter, and early spring reflected a constant dust component. The results of this study indicated that both sites were regionally representative. However, the representative regions and scales of these background sites may vary seasonally as the regional atmospheric transport patterns change. Seasonal variations in the background aerosol levels from these two areas need to be considered when evaluating the regional climate effects of the aerosols. |
The coming singularity
A Wikipedia user asked on the Wikipedia reference desk page: You know the idea that eventually we'll be able to download our brains/personalities to computer, to achieve physical immortality? There is a big trouble with this version of the immortality thing that people rarely mention. You go to the scanning and uploading center one day and write them a check. They scan and upload your brain, and say "All done, time to go home!" "That's it?" you say. "I don't feel any different." "Well, of course not. You're no different. But the uploaded version is immortal." Then you go home and grow old, and every once in a while you get an email: From: Mark Dominus (Immortal version) <mjd@forever.org> Subject: Wish you were here Having a great time here in paradise! Haven't aged a day. Thanks! Or maybe one like this: From: Mark Dominus (Immortal version) <mjd@forever.org> Subject: Guess what I just did? Today I had sex with Arthur C. Clarke while swimming in a giant hot-fudge sundae. It was totally awesome! Too bad you couldn't be here. I know exactly how much you would have enjoyed it. Sorry to hear you're sick. Hope the chemo works out. Then you die, and some computer program somewhere simulates the immortal version of you having a little ritual observance to mark your passing. Sometimes the proponents of this scheme try to conceal this enormous drawback by suggesting that they obliterate the original version of you immediately after the upload. Consider carefully whether you believe this will improve the outcome.
[Other articles in category /brain] permanent link
|
In Vitro Transcriptional Regulation via Nucleic-Acid-Based Transcription Factors.
Cells execute complex transcriptional programs by deploying distinct protein regulatory assemblies that interact with cis-regulatory elements throughout the genome. Using concepts from DNA nanotechnology, we synthetically recapitulated this feature in in vitro gene networks actuated by T7 RNA polymerase (RNAP). Our approach involves engineering nucleic acid hybridization interactions between a T7 RNAP site-specifically functionalized with single-stranded DNA (ssDNA), templates displaying cis-regulatory ssDNA domains, and auxiliary nucleic acid assemblies acting as artificial transcription factors (TFs). By relying on nucleic acid hybridization, de novo regulatory assemblies can be computationally designed to emulate features of protein-based TFs, such as cooperativity and combinatorial binding, while offering unique advantages such as programmability, chemical stability, and scalability. We illustrate the use of nucleic acid TFs to implement transcriptional logic, cascading, feedback, and multiplexing. This framework will enable rapid prototyping of increasingly complex in vitro genetic devices for applications such as portable diagnostics, bioanalysis, and the design of adaptive materials. |
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