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1. Field of the Invention This invention relates to a high sensitivity thermally developable light-sensitive material containing a light-sensitive silver halide catalyst prepared by a specific method. 2. Description of the Prior Art Photographic methods using silver halides have hitherto been used most widely, which are superior in photographic properties such as sensitivity and gradation to electrophotographic methods and diazophotographic methods. However, the silver halide light-sensitive material used in such a photographic method is imagewise exposed, developed with a developing solution and then subjected to several processings such as stopping, fixing, water washing or stabilizing for the purpose of preventing the developed image from discoloration or fading and preventing the non-developed area (which will hereinafter be referred to as "background") from blackening. Therefore, this method has a disadvantage that these processings take much time and are laborsome and the handling of chemicals results in an injury to the human body and a contamination of workers' hands and clothes, and processing areas. In the photographic method using a silver halide, therefore, it is very desirable to effect the processings in a dry condition without using solutions as well as to maintain the processed image stable. To this end, many efforts have been made up to the present time. For example, a thermally developable light-sensitive material as disclosed in U.S. Pat. Nos. 3,152,904, 3,457,075, 3,635,719 and 3,645,739 and Japanese Patent Publications 22185/1970 and 41865/1971 has been proposed. In this proposal, a light-sensitive element is used consisting of a silver salt of a long chain aliphatic carboxylic acid such as behenic acid, silver saccharin or silver benzotriazole and a catalytic amount of a silver halide. The present invention relates to this thermally developable light-sensitive material. U.S. Pat. No. 3,457,075 describes a method of forming a catalytic amount of a light-sensitive silver halide used in the above described heat developable light-sensitive material, which comprises reacting an organic silver salt with a reactive and ionizable halide to form a light-sensitive silver halide. The description is that this light-sensitive silver halide catalyst is contacted catalytically with substantially all clusters of silver ions in the organic silver salt having silver ions associating in a cluster in its molecule, so that the catalyst is highly sensitive. However, a light-sensitive silver halide catalyst having a sufficient sensitivity from a practical standpoint cannot be obtained by this method. For example, it is very difficult to apply the well-recognized sensitizing technique for ordinary silver halide emulsions (for wet development) such as sensitization by increasing the grain size of the silver halide or by using a chemical sensitizer with the light-sensitive silver halide catalyst prepared by this method due to the presence of, with the silver halide, a more unstable (reactive) organic silver salt than the silver halide. If the silver halide catalyst can be prepared independently of the organic silver salt, it would be possible to apply known sensitizing techniques used with ordinary silver halide photographic emulsions. However, silver halide grains prepared in the presence of a protective colloid such as gelatin in order to prevent the silver halide from aggregation are not suitable for use as a light-sensitive silver halide catalyst for a thermally developable light-sensitive material, because the protective colloid of the silver halide adsorbs strongly on the silver halide, resulting in an inadequate contact of the silver halide and organic silver salt. However, a silver halide prepared in the absence of a protective colloid is also not suitable for the light-sensitive silver halide catalyst, because the silver halide in the absence of the protective colloid tends to aggregate and thus is not brought into catalytic contact the organic silver salt. This is apparent from U.S. Pat. Nos. 3,152,904 and 3,457,075. According to U.S. Pat. No. 3,457,075, for example, the thermally developable light-sensitive material prepared by mixing only silver chloride and silver saccharin as in Example 2 of U.S. Pat. No. 3,152,904 has a very low sensitivity since the silver chloride and silver saccharin are not brought into catalytic contact. In fact, the sensitivity is low.
Endometrial changes with tamoxifen: comparison between tamoxifen-treated and nontreated asymptomatic, postmenopausal breast cancer patients. Endometrial thickness, as evaluated by vaginal ultrasonography, and endometrial histologic findings, as well as demographic characteristics, health habits, and risk factors for endometrial cancer, were compared between 93 asymptomatic postmenopausal breast cancer patients who had been on tamoxifen treatment and 20 patients who had not. The mean ultrasonographic endometrial thickness in the women on tamoxifen treatment was 13.1 +/- 10.4 mm, which was significantly thicker than the 4.0 +/- 3.2 mm found in the nontreated women (P = 0.001). The frequency of endometrial pathological findings was remarkably high (35.5%) among the tamoxifen-treated patients, compared with nontreated patients (20.0%), with a P value of 0.058 and an odd ratio of 4.6. Thus, it is suggested that the remarkably high prevalence of pathological endometrial changes was due to the continuous and unopposed exposure of the endometrium to tamoxifen.
Q: Submit mvn Archetypes to ibiblio I have created the new archetype in mvn and I want to submit so that other users can also use this archetype. I create the new project in mvn. I Add pom.xml, archetype.xml and other necessary files Then I use mvn install to install archetype. In Documentation i need to upload the arche to ibiblio and i am unable to upload there can anyone tell me the steps to submit arche to mvn. A: At the time you read the documentation, it was not up to date. Now the reference to ibiblio is removed and the documentation advises to submit to Maven Central. Once you are happy with the state of your archetype, you can deploy (or submit it to Maven Central) it as any other artifact and the archetype will then be available to any user of Maven.
#!/bin/bash #rm -rf ./dist #mkdir ./dist mkdir ./dist/dist mv ./dist/jsts.* ./dist/dist find ./dist -name '*.ast' -type f -delete cp -r ./src/java ./dist/java cp -r ./src/org ./dist/org cp ./src/hasInterface.js ./dist/hasInterface.js cp ./package.json ./dist/package.json cp ./README.md ./dist/README.md
Q: Cursor Adapter with ImageView What I've got is a cursor adapter for a list view. Within this adapter we have the below code. The item is a ImageView and i'm trying to make it visible and set it to the image name that is in the value coming from the database. AS you can see from my logcat when it is null and when it is populated it still fails. I'm assuming i need to convert the string to a bitmap object or a drawable. Anyone? Log cat: 06-21 09:32:38.020: I/PROJECTCARUSO(10061): is_stamp: observation_4 06-21 09:32:38.020: I/PROJECTCARUSO(10061): is_stamp2: observation_4 06-21 09:32:38.020: I/System.out(10061): resolveUri failed on bad bitmap uri: observation_4 06-21 09:32:38.101: I/PROJECTCARUSO(10061): is_stamp: null 06-21 09:32:38.101: I/PROJECTCARUSO(10061): is_stamp3: null 06-21 09:32:38.101: I/System.out(10061): resolveUri failed on bad bitmap uri: if (columnIndex == cursor.getColumnIndex(StatusData.KEY_CHARTING_STAMPS)) { String is_stamp = cursor.getString(columnIndex); Log.i("PROJECTCARUSO", "is_stamp0: " + is_stamp); if (is_stamp != null) { if (is_stamp.equalsIgnoreCase("")){ // set the visibility of the view to GONE Log.i("PROJECTCARUSO", "is_stamp1: " + is_stamp); view.setVisibility(View.INVISIBLE); }else { Log.i("PROJECTCARUSO", "is_stamp2: " + is_stamp); view.setVisibility(View.VISIBLE); } } else { Log.i("PROJECTCARUSO", "is_stamp3: " + is_stamp); view.setVisibility(View.INVISIBLE); } A: Drawable is_stamp_draw = getResources().getDrawable(getResources().getIdentifier("drawable/" + is_stamp, null, getActivity().getPackageName())); view.setBackground(is_stamp_draw);
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TEAM ACME ] ²²İÜÛÛÛßßß ÜÜÜ ± [ SUPPLiER .................................. TEAM ACME ] ± ÜÜÜ ÛÛÛ²²ß ° [ PACKER .................................... TEAM ACME ] ° ß²²ÛÛÛ ŞÛ²²İ [ OPERATiNG SYSTEM ............................. WinALL ] Ş²²Ûİ ŞÛ²² [ PROTECTiON .............................. Name/Serial ] ²²Ûİ ÛÛ²² [ RELEASE TYPE ............................... Keymaker ] ²²ÛÛ ŞÛÛ²ßß [ DiSK COUNT AND SiZE ......................... 01x1.44 ] ßß²ÛÛİ Ûß ÜÜ² [ RELEASE DATE ............................. 07-02-2003 ] ²ÜÜ ßÛ ÜÛÛÛ²İ [ COMPANY ................................ OrkSoft 2003 ] ²ÛÛÛÛÜ ŞÛÛÛ²²² ÛÜÜ ÜÜÛ ²²²ÛÛÛİ ßßßß ßßßÛÛÛÜÜÜ ÜÜ ÜÜ ÜÜÜÛÛÛßßß ßßßß ÜÜÜÜÜÛÛÛÛÛ²²²ß ÜÜÜÜÜÛÛÛÛ² ²ÛÛÛÛÜÜÜÜÜ ß²²ÛÛÛÛÛÛÜÜÜÜÜ Ş²²²²Ü Ü ŞÛÛ²²İ ş ŞÛÛ²ß RELEASE NOTES ß²ÛÛÛ ş Ş²ÛÛÛİ Ü Ü²²²²İ ²±±± Ûß² ÛÛ²ßß ßÜ²Ûßß ßÛ²Üß ßßÛÛÛ ß²ß ±±±² °°°° ÜÜÜ ßß ßß ÜÜÜ °°°° ß²²ÛÛÛ IRC-Ork is a program that allows you to view and download ÛÛÛ²²ß Ş²²Ûİ all the files stored on several irc servers. It connects to ŞÛ²²İ ²²Ûİ a given number of irc-servers and once connected, it spies ŞÛ²² ²²Ûİ on xdcc messages sent by dcc bots. Every file advertised by ŞÛ²² ²²Ûİ every bot on those irc-servers is logged and put in a list. ŞÛ²² ²²Ûİ XDCC requests are made by a single click of the mouse. ŞÛ²² ²²Û IRC-Ork can be used to spy on public servers which is Û²² ²²Û illegall and discouraged. It's main purpose is to setup a Û²² ²²Û FTP-like transfer via IRC. Let's say you have an intranet Û²² ²²Û and you want to advertise internal files or documents. You Û²² ²²Û setup an internal IRC-server which has dcc bots running with Û²² Ş²²İ the documents you want to advertise. Once setup, everyone in Ş²²İ ²²² your company can access your files or run his own bot. This ²²² °±±± is a fun way to share files and not as boring as ftp. ±±±° °° ° ° °° °± ±° °±±²İ Ş²±±° ²²Û Û²² ²²Ûİ ŞÛ²² ßß²ÛÛİ ŞÛÛ²ßß ²ÜÜ ßÛ Ü Ü Ûß ÜÜ² Ş²ÛÛÛÜ ß http://www.irc-ork.be/ ß ÜÛÛÛ²İ ŞÛÛÛ²²² ÛÜÜ ÜÜÛ ²²²ÛÛÛİ ßßßß ßßßÛÛÛÜÜÜ Ü ÜÜ ÜÜ Ü ÜÜÜÛÛÛßßß ßßßß ÜÜÜÜÜÛÛÛÛÛÛ²²²±° ÜÜÛÛÛÛ² ²ÛÛÛÛÜÜ °±²²²ÛÛÛÛÛÛÜÜÜÜÜ ŞÛÛÛ²Ü ŞÛÛÛ²²²±° ²²²²ß iNSTALL NOTES ß²²²² °±²²²ÛÛÛİ Ü²ÛÛÛİ ßßß ÜßÜ ÛÛÛßß ÜÜÜ ±±± ±±± ÜÜÜ ßßÛÛÛ ßÜß ßßß ÜÜÜ ßß °° °° ßß ÜÜÜ ß²²ÛÛÛ ÛÛÛ²²ß Ş²²Ûİ Install the application and use our keymaker to get your ŞÛ²²İ Ş²²Ûİ personal registration code. Enjoy! ŞÛ²²İ Ş²²İ Ş²²İ ²²² TEAM ACME ²²² °±±± ±±±° °° ° ° °° °± ±° °±±²İ Ş²±±° ²²Û Û²² ßß²ÛÛİ ŞÛÛ²ßß ²ÜÜ ßÛ Ûß ÜÜ² Ş²ÛÛÛÜ ÜÛÛÛ²İ ŞÛÛÛ²²² ÛÜÜ ÜÜÛ ²²²ÛÛÛİ ßßßß ßßßÛÛÛÜÜÜ Ü Ü²Ü Ü²Ü Ü ÜÜÜÛÛÛßßß ßßßß ÜÜÜÜÜÛÛÛÛÛÛ²²ß ß ß ß²²ÛÛÛÛÛÛÜÜÜÜÜ ŞÛÛÛ²Ü ±²²ÛÛ²İ °°°°° GROUP NEWS °°°°° Ş²ÛÛ²²± Ü²ÛÛÛİ ßßß °°±±²²Ûßß ÜÜÜÜ²²±±±± ±±±±²²ÜÜÜÜ ßßÛ²²±±°° ßßß ÜÜÜ°°ßß Û²²²ß ß²²²Û ßß°°ÜÜÜ ß²²ÛÛÛ ÛÛÛ²²ß Ş²²Ûİ ŞÛ²²İ ²²Ûİ Welcome to the new era of reverse engineering! ŞÛ²² ²²Ûİ ACME, a cooperation of two releasing groups, well known for ŞÛ²² ²²Ûİ both quality releases and steady output, has opened its doors ŞÛ²² ²²Ûİ to the public! ACME's foundation is based on the knowledge ŞÛ²² ²²Ûİ both groups gathered over many years as being a ŞÛ²² ²²Û significant part of the cracking scene. Û²² ²²Û Û²² ²²Û However ACME is always looking for talented individuals willing Û²² ²²Û to learn so as to improve their skills and extend their know- Û²² ²²Û ledge. If you think your abilities would be a fine addition to Û²² ²²Û our team don't hesitate to get in touch with us! Û²² ²²Û For contact info see below. Û²² Ş²²İ Ş²²İ ²²² Respectively, we would like to greet those remarkable groups ²²² °±±± and individuals, working hard to keep the scene alive and in ±±±° °° ° good shape. Keep your heads up! ° °° °± ±° °±±²İ Personal greetings to all our friends - Ş²±±° ²²Û you know who you are... One love! 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ÜÛÛÛ²İ ŞÛÛÛ²²² ÛÜÜ ÜÜÛ ²²²ÛÛÛİ ßßßß ßßßÛÛÛÜÜÜ ÜÜÜÛÛÛßßß ßßßß ÜÜÜÜÜÛÛÛÛÛÛ²²ß CONTACT iNFO ß²²ÛÛÛÛÛÛÜÜÜÜÜ Ş²²²²Ü ŞÛÛÛ²İ Ş²ÛÛÛİ Ü²²²²İ ±±±±± ÛÛÛßß ÜÜ Ü Ü acme@hush.com Ü Ü ÜÜ ßßÛÛÛ ±±±±± °°°° ÜÜÜ ßß Ü²ß ß²ß #acmepc @ iRC EFNet ß²ß ß²Ü ßß ÜÜÜ °°°° ß²²ÛÛÛÜÜßß ÜÛ² ²ÛÜ ßßÜÜÛÛÛ²²ß Ş²²Ûß °²ÛÛÛ²Ü ÜÜÜ ÜÜÜÜÜ ÜÜ ÜÜ ÜÜÜÜÜÜÜ Ü²ÛÛÛ²° ßÛ²²İ ²ß ° ßÛÛ²±°° ° Û²ßÛ²° ÛÛ² ÛÛ² °ÛÛ²Û²²Û² °ŞÛ² ßßß °±²ÛÛß ° ß² Şİ °±±° ŞÛÛÛ²±±° ÛÛ²ÜÛÛ² ÛÛİ ÜÜ °ŞÛ²İßßŞÛ²İ°ÛÛİßß ß°±±²ÛÛÛİ °±±° Şİ Şİ °±±±° ßßßßÛ²±°ŞÛ² ÛÛ² Û²ÜÛÛß°ÛÛ² ° ÛÛ²Ş²Û²ÜÛÛß°±²Ûßßßß °±±±° Şİ Û °²²Û²° ßß ßß ßßß °²Û²²° Û Û °°²Û²°° A C M E P R O D U C T i O N S M M I I °°²Û²°° Û Ü °°²²Û²±° °±²Û²²°° Ü °°°°° °° Ascii by °° °°°°° ° °° ° Yce!Remorse ° °° °
This invention relates to a liquid handling system used in chemical analyses, and, more particularly, to such a system suited for automated operation with multiple functions. Modern analytical chemical techniques often utilize a series of liquid handling steps that must each be applied to a large number of samples. For example, in solid phase extraction, columns of absorbent are used to separate the components of a liquid sample, and particular components are removed for further analysis. In a typical case, the column is first conditioned with the addition of a fluid. The sample is applied, possibly after being filtered, and the column is washed with a solvent to separate the component of interest. The component of interest is then eluted with yet another solvent and transferred to further analytical apparatus. Some analytical laboratories process hundreds of samples using solid phase extraction or other techniques. Since the steps are highly repetitive, automated systems have been developed to reduce the manual labor involved in the liquid handling and processing. Such systems are commercially available and widely used. Existing systems have shortcomings that limit their usefulness, however. One important problem arises in the wide variety of samples studied and the absence of a single standard size for the various columns, tubes, and vessels utilized in liquid handling operations. For example, an analytical laboratory may receive samples for analysis in a number of different-sized sample containers. It may be necessary to pour the sample into a single-size container that can be handled by the automated analytical apparatus. If a range of sizes are used in the analytical apparatus, there may be safety risks from splashing and spraying of fluids into the air, particularly when pressure is applied to the sample containers or columns in certain procedures. The result of this problem is that hand operations may be required that reduce the efficiency of the otherwise-automated analytical system. There is a need for improved automated apparatus for performing analytical procedures without the need for operator intervention and minimizing the manual tasks required before, during, or after the analytical procedure. The present invention fulfills this need, and further provides related advantages.
Q: Git Command to List Merged Branches Is there a way to list the branches that have been merged into the current working tree? The following is close: git branch -r --merged However, this also includes empty branches. For example, at some point before the latest commit on the current branch, I ran the following: git checkout -b empty_branch git push -u origin empty_branch Now, the first command includes empty_branch in the resulting list. I found a related question asking how to find empty branches in git, but the accepted answer doesn't work for branches without commits. Is there any way to detect commit-less branches in git, or to otherwise filter such branches out from the results of git branch --merged? A: You're working off at least one faulty assumption about Git. This is not an unreasonable assumption, as Git is weird, but it throws your whole question off a bit. In Git, branch names don't really mean as much as most people think they do, at least at first. A branch name simply holds the hash ID of some existing commit. There's an underlying entity that people also call "a branch", and it consists of some or all of the commits that are reachable from the tip commit as defined by the branch name. For (much) more about this, see What exactly do we mean by "branch"? and Think Like (a) Git, but let's try for a quick summary: What Git is really all about is commits. Each commit is identified by its own unique hash ID. No other commit can ever have this hash ID. The contents of a commit include a snapshot—made from the index, rather than from the work-tree, but I will try not to get into all those hairy details here—and include the name and email address of the author of the commit, the same for the committer (usually the same person), and two date-and-time-stamps: one for author, one for committer. They also include the log message the committer supplied at the time he/she/they/pronoun-of-choice made the commit. Perhaps most importantly, the contents of a commit include the raw hash IDs of any commits that should be considered immediate predecessors of that commit. In other words, each commit has some set of parent hash IDs, most commonly just one hash ID. These parent IDs make commits form backwards-looking chains: from a last commit, we can go back to a previous commit. From there, we can go back one more step, and so on. So if a branch name like master holds the hash ID of the last commit we should consider to be part of the branch, the remaining commits are that commit's parent(s), the parent(s) of the parent(s), and so on. If the hash ID of the master tip commit is H and its parent is G and G's parent is F and so on, we have: ... <-F <-G <-H <-- master and that's what a branch is: it's either the name, or the series of commits ending at H, or both: we tend to have to guess what someone means when they say "the master branch". What git branch --merged does is: Find the hash ID of the current branch (HEAD). For all branch names B skipping over the current branch (as read from HEAD) oops: Git doesn't skip the current branch, which is sort of annoying: Is the commit identified by B an ancestor of the commit identified by HEAD?1 If so, print the name B. In any case, move on to the next name. So if part of the graph looks like: I--J <-- feature2 / ...--F--G--H <-- master (HEAD) \ K--L <-- feature1 the two commits that git branch --merged will test are J and L, as compared to the current commit H. If J is an ancestor of H—but it's not—this would print feature2. If L is an ancestor of H—but it's not—this would print feature1. Of course, H is an ancestor of H, so this does print master (with a prefix * to indicate that it is the current branch). If there's a fourth name that points to any of F, G, H, or any of the commits "behind" F, git branch --merged will print that name, too. I think what you want is to print all names that point to any of the commits that are truly ancestors, and not any names that point directly to commit H. The simplest way to do that is probably to let git branch --merged print everything, then remove from the list any name whose hash ID matches that of HEAD. To remove such names, use git rev-parse on each name. Use git rev-parse HEAD to find the hash ID of the current branch, i.e., the actual hash ID for H in the drawing above. Then, using git rev-parse again on each name from git branch --merged, if the result is the same as the first git rev-parse, discard that name. Otherwise, keep that name. (You will have to write a little bit of code for this. If git for-each-ref could do --not and combine some boolean expressions, it could probably be done with that, but it doesn't do --not and combining.) 1The is-ancestor test that Git uses allows equality, i.e., it's ≤ rather than < (or more precisely, precedes-or-equals, ≼, vs ≺). This is also true for git merge --is-ancestor.
The new look Cavs soundly beat the Thunder last night, and LeBron seems to has so seamlessly adapted to his new teammates that most people think they’re the clear favorite in the East. With LeBron looking poised to make a title run with teammates he’s had for five minutes, Colin noted that Russell Westbrook continues to struggle to figure out how to win with the significantly better supporting cast of Paul George and Carmelo Anthony. LeBron is the master of adapting, but Westbrook always forces players to adapt to him. Colin doesn’t think the Thunder will ever seriously contend for championships with Westbrook leading the way and doesn’t get the fawning media obsession. Green Bay’s Super Bowl window is closed Green Bay’s season effectively ended when Aaron Rodgers went down with a fractured collarbone, but even with a healthy Rodgers returning next season, Colin thinks Green Bay’s Super Bowl window is closed. Not only do the Packers have one of the toughest schedules in the NFL, there are teams like the Rams and Eagles that have significantly better, younger rosters that are poised for the foreseeable future. Aaron Rodgers is a hall of famer, but he’ll end with one ring. Also: -Boston has done everything right in their rebuild, but still can’t surpass LeBron Guests: Joe Vardon – Cleveland.com Cavs beat writer joins the show to talk the revamped Cavs; a happier LeBron; and if LeBron’s relationship with Dan Gilbert is still Phil Savage – Senior Bowl Director joins the show to give the scouting report on Baker Mayfield, Sam Darnold and Josh Rosen; and Tom Tolbert – KNBR host and former Warrior joins the show to explain why Steve Kerr not coaching shows how well he’s prepared the team; if Golden State is burnt out; Ric Bucher – Sirius XM host joins the show to talk Cavs moves; and why the Suns shouldn’t be bad enough to get beat by a team without a coach.
It's Ok To Have A Clean House “Your kids won’t remember the dishes in the sink, but they will remember you playing with them.” Who hasn’t seen one of these messages? They’re everywhere, or maybe they just appear to be because I’m a mother and I notice them more frequently. I’ve found them on decorative signs on Etsy, shirts in WalMart, and articles on Facebook. It seems that society has finally begun to push back against the idea of perfection in motherhood. We’re questioning whether our expectations are realistic. We’ve realized that assuming moms should keep the house perfectly clean while balancing all their other responsibilities is asking far too much. Instead, we’ve begun to emphasize spending time with our children, and that is a good, good thing. But I wonder whether we haven’t taken it a little too far. In our attempt to lift the burden of tidiness from mothers’ sagging shoulders, have we created an altogether different problem? I’ve begun to notice a growing sentiment that a good mother spends time playing with her children, and only playing with her children. Washing dishes or folding laundry is time that could’ve been spent playing dress up or building train tracks. We tally up the summers, the weekends, the days remaining until our little birds turn eighteen and take flight, and we resolve to hoard them like the toddler who hates sharing her Cheerios. And if, by some miracle, your house does happen to be clean, that must mean that you sacrificed something very serious indeed. You made the grievous error of not focusing solely on your kids. What were they doing while you were scrubbing out the toilet? Probably sticking their fingers in outlets and eating Tide Pods. Either that, or they were looking forlornly at their toys, wondering what to do with them. I’ll let you in on a little secret: your kids will survive if you take the time to clean your house. And, no, I’m not talking about toiling like Cinderella all day, genuinely ignoring them. What I mean is that it’s ok to value order in your home. Taking a few minutes here and there to mop the days’ worth of apple juice and mac and cheese sauce from your kitchen floor is a good thing. Not only will your feet be a whole lot cleaner, your home will feel less chaotic. And yes, your kids will remember that you took the time to empty the trash bins and scoop the litter box, and they won’t hate you for it. I grew up in a house where my mother rarely, if ever, did any household chores. She was always busy with something more important, and that wasn’t usually playing with her kids either. The rest of my family tried valiantly to pick up the slack, but how could we when there was no example set for us? Growing up, I was profoundly embarrassed by the state of my home, and I usually just avoided letting anyone see it. Of course, moms aren’t the only people that make up a household, and they shouldn’t be the only ones tasked with its upkeep. Maybe you and your husband both work hard outside the home, or maybe he is the stay at home parent. Maybe you have an altogether different family situation. No matter what that looks like, find a division of labor that works for you. Now, before you go on thinking that my house always looks like Queen Elizabeth is about to pop by for high tea, let me stop you right there. There are almost always dishes in my sink, because I don’t have a dishwasher and putting them on the floor is apparently frowned upon. My laundry baskets often threaten to overflow, because toddlers. I could go on, but the point is that my house is not always perfectly clean, and I’m not trying to say that it even should be. But a general sense of organization is good for everyone. Besides, your worth as a parent is not tied to the cleanliness of your house. Sometimes you really do need to leave the dishes in the sink and take the kids to the park, and that’s ok. And sometimes you just have to scrub the splattered coffee from the kitchen backsplash. Instead of glorifying the mess, let’s lift up balance. Because there’s no way to be a perfect parent, but there are lots of ways to be a good one.
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Top 30 best paint schemes from the 2016 NASCAR Cup Series There were some awesome paint schemes run in the 2016 NASCAR Cup Series. A lot of them came from the Bojangles' Southern 500 throwback race at Darlington. Check out the best paint scheme from each driver who finished in the Top 30 in Cup Series standings in 2016.
When the bottom line is about the bottom line… Veterinary school taught me veterinary ethics, not business ethics. I’ve never possessed a driving ambition to own my own practice. My professional goal was to earn a living doing what I love rather manage my own hospital. My vision was to be employed in a position where using my expertise in treating cancer in pets was my sole responsibility. Veterinary medicine is a business like all other professions. Those of us working in the field need to earn a living just as much as the next person. Though we’re driven by a love of animals and a desire to help them live longer and healthier lives, we can’t do it for free. As much as we hate to talk about it, we’re acutely aware of how money plays a role in what we do and how we do it. Operating a veterinary hospital is expensive, especially for facilities such as the ones where I work, that are open 24 hours a day, 7 days a week. As an oncologist, I expect to maintain an inventory of pricey chemotherapy drugs to use for treating my patients. I want the most experienced technicians to administer chemotherapy. I need expensive equipment such as an ultrasound, a digital x-ray machine, and a CT scanner to accurately stage my patient’s cancer. I’d like to be paid for my time. All of these desires represent overhead for my hospital, and the expenses must be justified by the revenue I’m able to produce. In reverse, I’m expected to generate a particular amount of income each day in order to “earn my keep.” I have to financially justify my want to continue to be paid, to have the state of the art equipment, and to work with fantastic support staff. When circumstances are favorable, I’m praised for my effort and interest is placed on discerning the “how’s and why’s” of the success so we can expand the benefit further. When I miss the mark, I’m accountable for explaining my shortages and the emphasis is on the “how’s and why’s” of the deficit and how to reverse the situation. In the toughest of times, this could mean I’ll suffer a decrease in my own compensation or even termination of my services. There’s a problem with making matters of veterinary care and money so business-like. When success is measured financially, veterinarians are expected to see more and more patients in a day, to increase availability beyond ‘typical’ working hours, and to constantly market themselves to the public and other veterinarians. They therefore work longer days, have fewer days off, and are constantly accessibile via email or social media. These aren’t necessarily bad characteristics of a doctor. It’s important that I’m accessible to my owners and I want them to be able to trust my judgement in taking care of their pets. I want to see as many cancer cases as possible. It’s the best means I have to educate people against the myths and misconceptions about treating cancer in pets. I want to accomplish these goals with compassion and intelligence, and be thought of as the doctor who makes owners feel as though their pet is the only patient I’m responsible for. The danger is when throughput is accelerated, doctors hit a point of diminishing returns. In the most extreme cases, patience expires, capabilities are stretched, attention is diverted, and mistakes happen. There comes a point where they may be able to see more cases but they won’t be producing more revenue. Compassion fatigue weighs them down with the greatest of pressure. Concurrently, pet owners will feel rushed and less connected with their veterinarians. They will lose trust and be unwilling to pursue recommendations. This means they’re spending less money in the long run. I’ve worked in several geographical regions of the US, in hospitals of different sizes, and with varying degrees of staff expertise and capabilities, yet the message has always been the same. The “bottom line” is often the driving factor for any decision made regarding how I’m expected to practice and what I’m expected to produce. I’ve talked with colleagues spread among a wide geographical range who share similar frustrations. The pressure of performing financially as a veterinarian is not unique to any one particular practice type or specialty or location. I urge those of you considering veterinary medicine as your career to think about how much you will mind manners of money beyond the expected discussions you will have with pet owners. Depending on where you work, your job security might depend more on your ability to generate revenue rather than your knowledge or your bedside manner.
30 June 2013 A point I would like to give direction to is 'who I am' at work. Specifically this is in regards to the communication - or rather the spew that comes out of my mouth and others while "communicating" at work. I see how much lack of awareness and self responsibility exists, within me, when I am at work. The words that come out of other people's mouths and my own is astounding. It's like there is absolutely no consideration for life or humanity existent within our words, let alone awareness of what our words actually imply and how they so nicely reflect the reality of ourselves as what we have created and allowed ourselves to become. I saw the point of responsibility to 'put a guard' over my mouth before I speak and for awhile there I was actually walking this application and would not allow myself to participate in certain types of conversations - such as gossip or back chat dialogue - where it's like whatever comes up in people's mind, usually the most vulgar stuff - just comes flying out of their mouth and I would not participate. I would not respond. Because from my perspective it's the ego's voice that has no substance or worth in the actual physical reality. So I would stop myself. And I would not say anything. Slowly but surely I see myself and how I have come to 'just accept' the conversations in my work place and 'play along'. In those moments there would be like a, "ah - what are you saying - why are you participating... what are you doing" and so there was like a deliberate 'knowing' that I should not be participating in such conversations and yet I found that the desire to 'fit in' and 'belong' was greater than my will to stand within principles and integrity. Really it was like I just stopped caring; stopped caring about myself as 'who I am' within the responsibility I have for the words I speak and what I accept and allow through the types of conversations I participate within. Because I see judgement for others words within me - knowing that it is so limited and unproductive and abusive in nature. Judgments of this is useless and abdicate my power of responsibility and change - so that must stop. But I also see how I almost like 'gave up' in trying to stop and protest of not participating. It was like I was taking a stand, but I did not see any effects of it, or I started seeing the effects of building relationships with people I work with and so within this - wanting them to accept me and thus would allow myself to 'get closer' through communication - but the communication I would allow myself to diminish within and as the words I would speak and the types of conversations I would have with others. More so even, now I see within this, that the point that played a major influence is that when I would stop myself from participating in certain conversations or if a being would say something to me - seeing and realizing that what they are saying is not something I would want to participate within - I wouldn't know what to do. In that moment it was like I was 'expected' to speak - they were speaking to me and thus I 'must' respond. Or at least that is the reason and the accepted ways of humans interaction with each other. Like no matter what one would say, the 'rules' 'are you respond. So when I would find myself in those moments,it would be like a "ah, what do I say - I do not want to participate but yet they are waiting for a reaction or response" and in that I didn't want to cause conflict or feared what they would think of me if I said nothing - or fuck, even the idea of standing up and speaking self directive words as a statement of who I am and that I will NOT participate in such conversations or see there is no value in what is being said - that I would not do. And so instead of facing these moments within myself - in fear of 'what to say' or how another would react to me according to what I decide to do in that moment - I allowed myself to fall and simply go along as that was somehow 'easier' then standing up. I see this is unacceptable and not how I want to live and see that is does not support a world where beings stand equally responsible for who they are, as thoughts, words and deeds and so time to direct myself in giving myself solutions within this. To map out for myself what I will accept and allow and what I will not accept and allow and who I will be in such moments in standing within the principle of self honesty and self integrity and the realization that all are one as equal and thus who we are is always reflected in our words and if we dare to start HEARING ourselves we would realize how much we are not HERE - we are so separated into our minds and anything/all things that come up as the vulgar, unworthiness we have created ourselves to be in relation to life - to ALL of life. So the point here is to take responsibility for who I am as the words I speak, the communication that I participate within and basically what I am supporting, creating and manifesting as the acceptance of how people interact. Gossip, talking shit about others, complaining, blaming - these are all points that are unacceptable within communication as the point is NEVER about another - it is ALWAYS self - existent within and without and so that is the gift I must realize. I have the ability to change who I am in how I live, what I speak, share and say and I no longer accept myself to limit myself to be a portrayal of my mind as my ego that only sees self interest and separation towards others and life as a whole which takes on the nature of abuse of life. 29 June 2013 I forgive myself that I have accepted and allowed myself to want to give up on the responsibilities and commitments I have made I forgive myself that I have accepted and allowed myself to want to give up on certain responsibilities and commitments in my life because a new 'focus' has recently opened within my life that I define within my mind as 'better' and thus desire to give it more attention I forgive myself that I have accepted and allowed myself to see this one point as more than the other things in my life - where I judge things in my life according to the experiences I allow within myself that produce good or bad feelings and so according to this reaction - to an energetic reactions based on definitions and perceptions in my mind - determine what I will give my attention and focus on and within this define some things as responsibility and commitments in my life that I have been walking as not good enough, in producing the 'feel good' feelings that I am seeking for and thus based on this, want to give them up I forgive myself that I have accepted and allowed myself to create myself in such a way where feelings decide my life - instead of me deciding my life - where I have abdicated my ability to reason within common sense as what would be best for me within my life and instead trust the 'positive/negative' feelings that come up seemingly out of no where - yet are sustained within me according to self definitions and how I define other things within separation as either 'positive or negative' or 'good or bad' and so within this limit things within my world and reality to one point or the other, instead of stopping the judgments - stopping the 'need' for an energetic experience that I enjoy more than another - where I actual fear one of them, obviously the negative, and thus desire the opposite - the positive and so within this - allow this to direct me in how I make decisions within my life and ultimately what I spend my time on in regards to my attention and focus I forgive myself that I have accepted and allowed myself to trust feelings (positive energy) and emotions (negative energy) to guide me throughout my life - instead of asking, but is this really me? Aren't my emotions and feelings influenced by memories and past experiences? Aren't I then always existing in the past and never present, here, in/as each new moment as each new breath? And so I forgive myself that I have not allowed myself to question every feeling and emotion that I experience that then determine the decisions I make in my life - in what I will walk in my life and how I judge or define some things as better than others and allow this to be the reason I do things or not or where I give my attention and focus to - according to how they MAKE ME feel - revealing it is not a self directive expression/statement of me here, I am just allowing myself to be a slave to energy I forgive myself that I have accepted and allowed myself to judge the things in my life that I want to 'give up on' as 'boring' and that they have 'run it's course' instead of realizing that I am simply using this as a justification to not take responsibility for the commitment I have made within such a responsibility - where instead of investigating myself in what I am accepting and allowing, such as not giving my all within these points and basically saying I don't really care about these things as it clearly shows in my actions - instead think I can just 'give it up' and not question myself or who I am showing myself to be in such a decision as my living actions I forgive myself that I have never allowed myself to complete anything I have attempted to start in my life I forgive myself that I have accepted and allowed myself to not question the loss of interest I find myself now experiencing in relation to certain points within my world - where before it was like so cool to be doing these things and I told myself I enjoyed them - but now I am within a negative experience of thinking and believing these things are no longer enjoyable and finding any excuse I can give myself to justify WHY I am losing interest - realizing it is because a new point has opened within my life and now I define that to be the only thing that matters and thus just want to give up the rest - which is a pattern I have played out time and time again throughout my life and so see this is a cycle I must stop, as it's not a self directive cycles - it is according to who I define myself within energy and how energy moves me to make decisions in life according to positive and negative experiences I forgive myself that I have accepted and allowed myself to want to give up within these points of responsibility and commitments within my life as a deliberate ways to not stand up and take responsibility for myself within these points in my life - instead of changing ME within WHO I AM in/as these responsibilities and commitment realizing the 'problem' is not these points; not outside/separate from me here - and to instead just walk a way, throw in the towel and give up - realizing here that this is not the process I am walking - I am walking a process of self transformation and thus here I am faced with a gift - and opportunity to change me within this experience I have accepted and allowed to influence me within myself and my life - and so I forgive myself that I did not accept and allow myself to realize and see and understand the moment I have here as support to change myself within these points of responsibility and commitment - to STOP what I have been accepting and allowing and to instead CHANGE ME to no longer require energy to move me or to influence what I do in this life and instead direct myself in deciding for ME, without energy as positive/negative experiences, who I am in each and all things I do in this life and so I forgive myself that I have accepted and allowed myself to within this desire to not change, because instead I want to just give up and walk away from these points I have justified to be 'not good enough' to give me the feel good feelings I am looking for, instead of questioning and investigating who I am within this - what am I accepting and allowing and WHY am I allowing feelings and emotions according to memories and self definitions within my mind to direct me, instead of me directing me in looking at what is practical for me in this life that will best support me to walk my process and the commitment I have made in this life to create myself and a world that is best for all and stop giving into energy to be my master - I commit myself to stop being a slave - I commit myself to STOP and Stand Up and be the authority I require to see what I am accepting and allowing and to no longer participate I commit myself to look at the things/points within my world within common sense and practical considerations within physical reality - no longer allowing the illusions of emotions and feelings that are simply illusions that I create and exist within/as my mind - to determine how my life will go, as I see/realize/understand that to allow illusionary things to direct me is quite insane, as I can stop them in ONE moment, as ONE breath thus proving they are not REAL and so I commit myself to get real with myself, assess my world and reality - see what would best support my world/reality and me to function within what is best according to what is currently here and THEN make decisions that will determine how my life will go I commit myself to grounding myself within/as physical reality with the support of writing, breathing and self forgiveness to see past the energy as emotions and feelings that throw me in all directions without being self directive and instead get back to reality, consider within common sense what is practical for me in my life and in this PHYSICAL reality that will produce an outcome that is best for me and all 28 June 2013 I forgive myself that I have accepted and allowed myself to exist within a limited version of myself wherein when I am faced without a basic human right, such as electricity - to exist within loneliness and isolation and not once consider this as the reality for many other people currently existing on this same planet as me - wherein they constantly go without basic human rights, such as electricity, and that is "just the way it is" and so within this - never question and wonder or contemplate why the hell I would have this type of right and others do not and so within this I forgive myself that I have accepted and allowed myself to only consider electricity a basic human right as a comfort and practical tool for efficient living on earth once it is removed from my reality, where I no longer have access to it, and only then consider this is the same for many others who are not in the same position as me - where I am comfortable within the current economic system as I have money to ensure I have electricity - others do not have such a means or are born into a position that does not allow for this access and so seeing the inconsideration of my existence as I do not question our world and reality and the current lack of basic human rights that exist for all because I DO have access to them I forgive myself that I have accepted and allowed myself to, 99% of my time, not care about others who go daily without basic human rights, such as electricity, and only consider them when I find myself 'in the same boat' - revealing that humanity seems to require consequences, here in/as their reality, as the suffering that exists for so many on a daily basis, before we will start to question what is actually going on in this world and dare to stand in the shoes of another and consider solution that would be of support and honor to all I forgive myself that I have accepted and allowed myself to not care about the rest of humanity while I am comfortable within the current economic system - where I have a home and electricity to light my room and turn on my computer and cook my food and all these things I do not really see how it functions or how it has become a means of separation and isolation for so many other people where they do not have access to such a lifestyle - and I am not even living the 'good life' in that I have money to support myself, but I cannot afford to splurge on things unnecessarily and yet even my life is elitist as I have the comforts and support of basic human rights such as electricity and others do not and this is unacceptable and should be daily within our awareness as finding a solution as to no longer exist as a careless humanity but instead a giving humanity - considering others as ourselves and ensuring ALL are supported and comforted within this world I forgive myself that i have accepted and allowed myself to whine and complain with having no electricity for only three days of my life - wherein I think and believe "my life is so hard" instead of standing in the shoes of people in this world that must face this daily because our current economic system does not provide our rights to life and the support of practical tools for efficient and dignified living such as electricity and because people within the comfort of the current economic system do not dare question the reality that is here for ALL and not just ourselves - because we do not question or understand what is actually going on in this world and how it is functioning and how we support it's existence through our daily lives and participation - nothing changes, because we have not yet realized WE must be the change I forgive myself that I have accepted and allowed myself to fear no longer being protected by the safety bubble that money has provided me within this cruel economic system - where I basically was born in the 'right area' on earth where I have the necessities of life and do not have to taste the harshness of what is actually here and within this can turn the other cheek and not dare question our current economic system because it feeds me and no way can you bite the hand that feeds you and so within this I forgive myself that i have accepted and allowed myself to fear challenging the system that is here that produce and support inequality in all ways and simplistically by not providing ALL with the right to life within basic human rights where all are provided within the means necessary to actually live a life of dignity and no longer within fear or resentment because imagine how one must feel being 'cut off' by the system - where they do not have access to electricity or clean running water or a food supply - living in the slums of the cities and seeing how 'the other side' lives - imagine what one would do to ensure their survival and how one must feel in seeing that those of us that actually have the means to create a system of worth for ALL do absolutely nothing about the rest of humanity - one would perhaps questioning the true nature of humanity and see we are not actually humane When and as I see myself feeling safe and secure within my protection bubble of money and losing sight of what actually matters in this world, as the rest of humanity and what is here as the manifestation of "humanity" as suffering, abuse and neglect - I stop and I breathe and I bring myself out of my self interest comforts of life and realize that without money I am equal to those on the 'other side' of the same coin - those that live daily without support as basic human rights - and so I see/realize/understand my responsibility within the position I find myself within our world - I have resources and access to human rights that allow me to live and thus it is my responsibility to become aware and directive in being the change - within and without - in stopping the experience of isolation for all and bring humanity within the awareness of what is here as our current world system - and what it produce and who we are when we turn our cheeks - I commit myself to getting to know our current economic and social structures as the world systems to be able to find practical solutions in changing what is here into what is best for all as I see/realize/understand that to be able to live comfortably and not questioning why others are not able to be equal in the same comfort is a crime against life and actually turning my cheek from myself as life and so I commit myself to stand in the shoes of ALL that is here and give to another as I would like to receive and love ALL as myself in no longer allowing my self interest and fear becoming the one that suffers due to our accepted economic structure, and instead face it and question it and expose it for the harshness, careless reflection humanity as become. I commit myself to educate myself within the resources I have available so that I can never claim ignorance but instead to be a voice for the voiceless and realize that until ALL are free, none are free and so I commit myself to produce myself in such a way where I am able to give others a life I would like for myself, which is one with basic human rights that produce a life of dignity and honor - with the ability to Actually Live and exist with all of humanity where no one feels left out or abandoned, but instead ALL here, sharing in the life equal for all I commit myself to investigate and understand solutions such as the Basic Income Grant and the Equal Money System proposed by the Equal Life Foundation as REAL solutions that are practical and will inevitable change what is being accepted and allowed on earth within realizing the ONE POINT that directs and influence ALL of humanity and our experience here and who we are is MONEY and so learn how to remove the abuse within ourselves in relation to Money where we use it as a blindfold to not have to be responsible for how it allows some to suffer and go without their right to Life and turn it into a support structure that allows ALL to LIVE here - as their birth right and so I commit myself to standing with/as a group that will GIVE to ALL their right to Life, as Basic Human Rights and never again allow myself to separate myself from the Life that is Here in fear of facing what I have created - instead I stand responsible, educate myself and position myself to be fully effective in/as this world in creating what is Best for ALL 26 June 2013 I forgive myself that I have accepted and allowed myself to not want to go home because there is no electricity and the darkness reminds me of loneliness I forgive myself that I have accepted and allowed myself to fear being alone without electricity – because within this I feel alone, I feel lonely I forgive myself that I have accepted and allowed myself to never realize the loneliness that exists within me and only now see it triggered through an outside/external force that reveals to me the loneliness I have within me – realizing that it’s not my environment that ‘causes’ the loneliness, but it is in fact existent within me I forgive myself that I have accepted and allowed myself to create a dependency on my routine, which is supported with electricity/power for when I come home – within this, defining the things that I do as a normal routine as my comfort and companion and to within this suppress the loneliness existent within me in using this routine for when I come home as a distraction from facing me – from facing my self honesty that I am alone and lonely I forgive myself that I have accepted and allowed myself to convince myself that I am not lonely through creating a routine and structure out of my day that I use to distract myself, to ‘keep myself busy’ to not have to face the reality of myself as loneliness I forgive myself that I have accepted and allowed myself to believe if I am alone then I am lonely I forgive myself that I have accepted and allowed myself to use outside external stimulus as a way to hide and run away from the loneliness within me – keeping myself distracted with the various ‘tasks’ I have given myself as my routine I forgive myself that I have accepted and allowed myself to feel ‘not myself’ when my routine is disrupted and feel as if I cannot function as I normally do I forgive myself that i have accepted and allowed myself to define myself and my life according to the routine I have created for myself and thus when that routine is disrupted feel as if I have been disrupted - instead of realizing I am still here and thus not defined by my routine - but only through/as the acceptance within myself that i Have created to/towards it I forgive myself that I have accepted and allowed myself to fear the loneliness within me and thus attempt to hide and not face this loneliness through resisting going home – where there is no electricity – there is no internet, there is nothing I can do as my ‘normal routine’ that keeps me busy and distracted from having to actually face myself and deal with what is actually here as me such as loneliness I forgive myself that I have accepted and allowed myself to suppress lonliness within and as me I forgive myself that I have accepted and allowed myself to fear being lonely I forgive myself that I have accepted and allowed myself to react to not being able to act out the routine I Have created for myself when I am at home – where I use many things ‘outside of myself’ as a way to keep myself busy and distracted from myself so that I do not have to actually face myself, where I do not have to get to know myself because I fear myself within what I have created such as loneliness – within this realizing that once I face this, I will have to change this and so within this I forgive myself that I have accepted and allowed myself to believe I cannot change the experience of loneliness within me and instead attempt to run away from it as if thinking that “it’s not here’ instead of realizing I am only suppressing it within me and ‘saving it for later’ where eventually I must face it I forgive myself that I have accepted and allowed myself to create a dependency upon my routine while I am at home, and once this routine is disrupted, feel like my life has stopped and I cannot move instead of realizing the opportunity I have now to actually face myself and the points coming up within me such as a dependency to a routine wherein I think and believing my world has stopped because I no longer have it – instead of realizing what has stopped is the distraction and ignorance I have been attempting to exist within – now being faced with the actual reality of myself as being lonely I forgive myself that I have accepted and allowed myself to believe that if I do not have things to do as how I define ‘things to do’ that matter, such as my routine – then I am not living and I am not ‘connected’ to others and thus feel lonely and isolated I forgive myself that I Have accepted and allowed myself to believe I am not lonely or feeling isolated – yet within this suppressing the actual experience of myself through creating outside/external activities for me to constantly be doing and thus when that point of routine is removed or disrupted, face the actual reality of myself as loneliness I forgive myself that I have not allowed myself to see/realize/understand what I do within suppression - where I push down points of self honesty that I do not want to face, such as loneliness and think and believe I do not have to sort this out - instead of realizing the influence loneliness has on my life, as it's still here within me, I have only attempted to bury it yet not actually removing it I forgive myself that I have accepted and allowed myself to not want to be at my house, because it’s like ‘nothing is here’ within not having electricity – I can no longer participate in my usual routine and thus have to move myself in deciding what I can do with what is here yet resist this – this point of self change and self expansion as self movement where I am supported to realize that I am not defined by the routine I have but who I am within what is here – how my reality changes and how I am able to move myself within it, realizing that if I resist this change, then I am resisting myself and attempting to hold onto a self definition of myself that is limited to that which I do not want to let go of I forgive myself that I have accepted and allowed myself to define loneliness within/as darkness I forgive myself that I have accepted and allowed myself to define life according to being able to move freely as I would like with electrity I forgive myself that I have accepted and allowed myself to become frustrated and irritated with the fact that I have no electrity in my home I forgive myself that I Have not allowed myself to realize the frustration and irritation I experience is NOT about not having electrity – it is about not having my routine – my distraction – my suppression supporter where I do not have to actually face myself as loneliness and can instead distract myself with little activities here and there that I do to ‘keep myself busy’ as to not have to actually STOP and be HERE with myself – in facing myself as the loneliness I forgive myself that I have accepted and allowed myself to create a routine out of my life within/as the starting point of/as fear – fear of being/facing me as being lonely I forgive myself that I have accepted and allowed myself to define the word lonely with a negative charge and to within this – attempting and seek ways to always avoid loneliness in fear of the association and experience I have attached to it within/as myself I forgive myself that I have accepted and allowed myself to not realize that to fear being lonely is to fear being alone and to fear being alone is to fear myself and to fear myself is to fear being all-one and so I forgive myself that I Have accepted and allowed myself to fear being alone with/as myself as the actuality of myself within/as every moment as every breath - I am always alone within who I am as what I accept and allow as the nature of me - as the expression of me I forgive myself that I Have accepted and allowed myself to think and believe I do not have anything to do now that my ‘routine’ has been disrupted I forgive myself that I Have accepted and allowed myself to believe my life has stopped because I no longer have my routine to depend upon to move my life and so within this I forgive myself that I Have accepted and allowed myself to move myself according to a routine instead of/as self honesty – here, as breath as self movement within/as physical reality I forgive myself that I have accepted and allowed myself to limit my ability to self movement to be within/as a routine I have created for myself I forgive myself that I have not allowed myself to realize that I am here as self movement with/as each breath I forgive myself that I have not allowed myself to realize the support I am being giving in this moment as having to face myself and the gift of being able to move myself without needing a routine to move me or my life I forgive myself that I have not allowed myself to realize the support I am being given in realizing that I require to STOP and reassess what I have been accepting and allowing as creating a routine as a way to abdicare (abdicate) self responsibility within self honesty to take a real good look at what is going on within/as me as now I am faced with this loneliness in which I did not realize was here until this point of dependency as my routine was removed and so the picture as the veil being removed I see what is actually here- behind the picture – and it is me, within fear of facing my loneliness When and as I see myself attempting to suppress, hide and run away from points of self honesty within/as me such as being lonely - I stop and I breathe and I embrace myself in such a moment, embracing me as who I am within/as loneliness in no longer running away from myself, but instead turn and face myself, face this loneliness - get to know where it comes from and why I allow it here as an underlining experience of/as myself as I see/realize/understand that suppression does not mean it goes away, it means I give it more power to influence without my awareness and actually learn to not trust myself as I do not trust myself with this loneliness and instead think and believe I have to bury it within me - instead I commit myself to investigate all points within me, such a loneliness, that i have attempted to suppress within myself in not wanting to face it - not wanting to actually face me - I commit myself to face myself in/as writing, within/as my journey to life - to see what is here as the actuality of me in all aspects, parts and dimensions so that no experience 'comes out of no where' and takes me over in a moment where it's like "where did this come from" - instead I commit myself to get to know myself in all ways, to be able to change and direct myself in ways that are always best for me and best for all and no longer allow suppression to exist within me as I realize it's not going away, it's only being put off for later - which is like, why wait - and so I commit myself to embrace the points that come up for me in each moment as the process of getting to know myself and how I Have designed myself and learn ways to change myself where I am no longer a slave to outside/external forces that I depend upon for a certain feeling or experience or method of suppression and instead stand here, clear, in absolute certainty of who I am and as self trust - trusting myself to be in any situation knowing that I am able to stand self directive in each moment within who I am as each breath and so I commit myself to walking this process of becoming self directive of/as myself and no longer influenced by the experiences I have accepted and allowed myself to attempt to bury within/as myself/my mind 24 June 2013 *This blog was actually written the night of the storms, Friday, June 21st. Let's be honest. Not only do I require to stop this fastness character at work because self honestly - that is not the only place this character exists. Obviously, I am this and it's not actually the environment - it is me. I have written a bit about this speedy being I have a tendency to go into, and what I now realize is that it's only something I am now becoming aware of. Meaning - I have always existed as this 'fastness character" but only now am I seeing the patterns and cycles of it and the points that trigger it's activation. My fastness comes from an extreme energetic high. When I perceive or react to something within my reality as something 'good' or 'positive' - or to be self honesty, the one thing I have always believed I wanted in life - then I am like on cloud nine, way ahead of myself, on top of the world and flying like superman at lightening speed. At this moment I am sitting in the candle light. The power is out and I am writing these words with a pen, which I seldom do. And still this 'fastness' is here. Like not only do I require to slow down - I require a complete stop to really SEE what is going on within me. I was just discussing this with another in how we think we must move so fast in our lives - that we must, as quickly as possible, "get the job done," or get to our destination, meanwhile we miss so much that is right here, in front of us. And actually we miss ourselves; who we are and what we have become and what we are actually doing and accepting and allowing in our rush to some finish line. Life is not a race and yet we are the Human Race and in our race we have yet to face what we are creating as our World, in our rush to some illusionary reality. There is nothing for us in the future if we do not STOP and see what we are doing here, in this moment, in each moment as that is what creates the path to where we are heading. So for me - it has taken wind, rain and "lights out" for me to actually consider stopping. Who knows if I would of if the storms that came through my city didn't - although reveals the storms moving through me. The high I exist on, the energy, the power I depend on, as the feelings that drive me forward, are not sustainable. I will eventually have a 'black-out' and be brought back to reality - to the actions I live in every moment that is creating the life that I am and the life that is here for all. So am I being considerate or am I being selfish - selfish because in my positive-driving fastness character I am consumed by my own desires and pleasures, sustaining the existence of our consumerism world and not seeing the real matters at hand - what truly matters in our World. And our words only hold so much weight when they are not lived. In fact, we just become the waiting words on the fast track to destruction because we do not care enough about the rest of our reality - only our motivation that keeps us getting out of bed each day. And these are according to self interest definitions. According to what I define as "good" and "positive" and worthy and valuable to me - Usually according to how it makes me feel. I will be content in not questioning myself or anything of this world for that matter. What is required of me? To STOP. To Stop and SEE who/what/where I am and what I live as my physical actions each day and ask myself, "Does this action as acceptance add to the equality equation as accumulating myself and my world into the eventual manifestation of a world and a life that is best for all?" If not - why am I accepting and allowing it? What value, as the hold it has on me, have I given to it to where I cannot STOP and direct myself in ANY moment. What is my actual starting point for living? What is my driving force? What is pushing me and where do I think it will leave (lead) me? Obviously these questions indicate the lack of awareness as the realization that it's ME. All of my own accepted and allowed self definitions as my relationship to ALL that is here. So time to STOP and get real with myself and stop thinking the negative is more apparently the points to sort out. It's the positive side of the same coin that is the most dangerous - as one becomes blind and misses Reality completely. 22 June 2013 I am typing these words at a coffee shop next to my school. I cannot recall writing even one of my blogs at a coffee shop. The reason I haven't is because I have internet at my home and so in the comfort of such space and the protection of money, I am able to sign online at any moment I choose and move about how I would like with 'free' access. The reason today I am sitting in a coffee shop to write this blog is because last night my city was hit with two extreme storms. It did not last long but the effects are still being felt today. Winds tore down trees, power lines, street lights. The city turned to black and the night was just starting. I awoke this morning in hopes the power had returned. It had not. Daylight revealed the effects of the storms to be much more clear. Street upon street have been blocked off; trees on houses and in middle of intersections. More than 200,000 Minneapolis residents are without power today, and the news is telling us some may not have it back until Tuesday. It's interesting the dependency we have created to electricity. I mean, it's not even a dependency, so much as a necessity. It provide a more comfortable life; a more efficient and practical life even - yet what this storm - mother nature - is showing me through this experience is just how much we take for granted and even fail to recognize that a basic human right, such as electricity, is not provided to All. And for those of us living the cushy life, where we are accustomed to such a thing - don't realize the difficulties within life when one does not have access to such a basic thing as electricity. I came to a coffee shop and to no surprise, so did the rest of the city. Everyone plugging in their cells phones and computers and tablets - making sure they are 'charged up' and with power. It's interesting to hear so many gasp at the situation - how 'hard' it is now that we are without power in our homes and what an inconvenience we must adjust to in order to make sure 'our world' moves smoothly. We don't realize that half the population exists as this. And it's not the electricity they desire to charge their phones; it's to heat in their homes or to power a generator or to cook a meal. I mean - we have no clue the luxury we are living in in contrast to what the reality is for the rest of the world. Not until it is here, in our faces, shaking up our world and taking the rug out from under our feet, do we only begin to taste the harshness of our reality we have created ourselves within. What is the bubble we have protected ourselves within - to not have to feel the effects of the 'real world' as the nature that moves without our consent? Money. We have Money to, even in the midst of a storm that takes out our ability to cool our food, or to write with a light on - we can still get in our cars and drive to the other side of our city to sit in a coffee shop and write a blog. So it's fascinating the moment that is here for me and the other residents of my area. "Stop" and take a look at what is actually going on in this world. We are not the unfortunate ones. We are the spoiled ones, because in our comfort zone built with money, we do not have to give a damn about those that do not have the same structure. They are 'out there' in the 'real world' facing the brutality of our current, uncaring economic system and the empty words of apparent Basic Human Rights. Maybe in the middle of all of this we can stop and consider what really matters and the responsibility we have with the 'freedoms' we experience with our access to resources, all coming from our ability to spend money, what we must do to ensure we create this for All. Where no One must live without the comfort of a life supported, honored and dignified. The ability to actually give to themselves a life we would want for our own. Or we will get our 'power' back - return to our (ab)normal lifestyles of ignorantly chasing our next energy fix; where our individual pursuit of happiness trumps the concerns of the rest of the world. What is in our Nature? Investigate the Equal Life Foundation and Basic Income Grant as proposed Solutions to our current condition on Earth, where we have conditioned ourselves to accept that humans do not in fact receive their basic human rights and those of us that have them, do not give them to others equally as we would/do for ourselves. Be the Change - Be the Solution - Get to know Our World and Stand/Walk until All are Free to Live Here. 20 June 2013 This is a continuation of the previous post in regards to the 'fastness character' I must embody while in my work environment and how I saw myself carrying it into a moment that it was no longer required. I forgive myself that I have accepted and allowed myself to not be directive principle of myself when/as I see I must embody the 'work character' in which I must 'be here' and move quickly and swiftly and absolutely clear of any thoughts as distractions in my mind as I see/realize/understand the necessity for a smooth and effective work shift that allows me to support myself financially, yet I also see realize and understand that this work character must be able to be turned off when I am no longer in that environment and so I forgive myself that i have not allowed myself to be directive in turning on and off the work character as the fastness I must act out to function properly within an equally as the fast work environment I forgive myself that i have accepted and allowed myself to, when taking a moment to step out side and sit down and be present, here with myself, in the environment as my physical reality, to carry and allow this fastness character that is practical for my work environment, to still run and not allowing myself to be directive in stopping/turning off the character as I no longer require it in the environment outside of my job I forgive myself that i Have accepted and allowed myself to exist as the fastness character outside of my work environment, when I take a break outside to be in the sun and sit down, as the physical movements of turning my head, fidgeting and looking around - like I am still in the work environment assessing and considering 'what must be done', not realizing that I am here, in/as a new moment, in/as a new breath that I do not require to 'take on that part' as the fastness character, instead I have a moment to give myself a moment to slow down, stop and breathe and relax my body as giving it physical support and a break from the physical labor I must do in my job I forgive myself that i Have accepted and allowed myself to not be directive principle of/as the fastness work character when I see I am leaving my job, as I see I continue to exist within this point - physically acting out ways in which I must while I am working I forgive myself that I have accepted and allowed myself to not stop myself when/as I am outside of the work environment that requires me to act as the part as a 'fastness character' in which I must be moving quickly and swiftly in order to do the job effectively and to within this not allow myself to let go of this character outside of it as it is no longer required outside of the work environment and so in general I forgive myself that i have allowed and accepted myself to exist within a 'fastness character' outside of physical environments that require it of me within consideration of practical reality, and to instead allow it to exist within/as me within/as my mind wherein I am in this constant 'go, go, go, do, do, do' experience where everything is moving super fast and yet the physical reality that is here surrounding is not requiring that role of me - and so here seeing the responsibility I have to assess my physical reality in acting in ways that support me effectively within all types of environments and to be able to 'change' from the perspective of what is required of me in each and every environment and thus able to adapt and change and not limited to one type of being but instead directive in seeing what is necessary from me, within awareness, as what is best from/as me to produce the best results in each environment When and as I see myself acting out the the role I must play while in my work environment when I am outside of my work environment, as the fastness character, that has no time to stop or slow down, but must move, here, assessing what is necessary in each moment to have an effective work shift that produce financially that which supports me in this world, as fidgeting and moving and not be able to 'sit still', I stop and I breathe and I allow myself to give myself that moment with/as myself as physical support for/as my body, in allowing myself to let go of the fastness character that is no longer required of me when/as I am no longer in that work environment, as I see/realize/understand that if I am directive principle of myself then I should be able to turn off or on this character in one moment as a decision I make, but if I allow myself to carry this character outside of my work environment, without my awareness, then I am just a slave to the experience or role I must play, and instead I commit myself to become self directive and aware of what is required of me within each moment as each environment I walk into, to either 'take on' this fastness character to be able to function effectively in my work environment to produce the best result, or to simply stop in the moment I no longer require it in realizing that I have that ability and so I commit myself to become aware of myself when I am leaving work, to turn off this character in no longer carrying it with me as in my mind, where I exist in the constant state of assessing and considering 'what must be done' and thinking and believe I must 'go, go, go, do, do, do, move, move, move," but instead allow myself to STOP, BREATHE and SLOW DOWN in being here with/as my physical body and no longer in the various parts that one must play and instead I commit myself to become directive principle of/as myself in assessing what is required of me as the physical movements and considerations that I must make in order to function effectively in each type of physical environment, able to turn of the 'parts I must play' in one moment as the decision I make of who I am in each and every moment and thus no longer allow it to run automatically without the awareness of myself here 18 June 2013 The other day at work, I took a moment in between shifts - meaning, I was working a 'double shift' where I was working both the morning and afternoon/evening shifts at my work, which can be quite a long day for my physical body considering the nature of my job being physically demanding. Anyways, about the time the morning shift was ending and the afternoon/evening shift was beginning, I stepped outside and took a short break. While I was enjoying the ability to sit down and be in the sun, I found myself experiencing myself 'very fast.' Where it's like I was constantly looking around me, and I was fidgeting and I was experiencing this 'rushing' feeling within me where the only way to explain this would be to say I was not slowing down. What I saw in that moment was carrying the 'experience' of my job/work with me into that moment as 'my break.' I work in a restaurant and the environment in general is 'fast paced' where there is like literally no time to think about anything - you must just being 'going, going, going', doing what you need to do for your guests and with managing multiple tables, it can get quite crazy. It is cool support in terms of there is no room for me to be in my head, I must be 'completely here' and focused on what I am doing and what I need to be doing in order for my shift to run effectively and ensure I am providing the service the guests are paying for - obviously one mistake can cause a ripple effect/consequences on all the other tables/guests I am taking care of and so here prevention is also the best cure - to ensure the shift run as smoothly as possible. But as I was saying, the environment is very go, go go - rush, rush, rush, - move, move, move. Again this is cool in terms of the nature of my job because my ability to get paid/support myself financially is determined by the guests, and so the busier it is, the more people are coming in and the more opportunity I have to make money. However, in that type of environment, I have found it is very difficult to 'slow down' and be aware of myself breathing. Like generally during the shifts, when it is most busy, I am not aware of my breathing. It's only at the beginning of my shift or as I am walking out to my car at the end of the shift do I remember - oh yes, breeeeeeeathe. So what I found in that moment of 'taking a break' the last time I worked, is while I was sitting there - not doing anything, just sitting there and taking a moment for myself in the sun, this experience of how the work environment runs was still 'with me'. It's like who I am at work; constantly considering what I must be doing, what needs to be done, who needs what, etc was still active in me. Like I could not slow down and this 'fastness' as my experience was coming out physically, in moving my head in all sorts of directions, looking at people, looking in one direction and then the next. Crossing my legs, then uncrossing my legs. Adjusting myself in my seat. It was like I could not STOP and just breathe and let go of this fastness that is my work environment. So this was interesting to see, how in that moment it was like I was carrying with me the work character I must embody to ensure a successful shift - where I see it's necessary for me to go into 'that role' in order to make the money I require in order to support me in my life, but as I was sitting outside, all I showed myself in still displaying that 'fastness character' was that I was not directing the 'on/off' switch - if that makes sense. There was no reason or purpose for that fastness experience while I was sitting outside. That was my moment to take a moment - as in take a breath and bring myself back to myself in SLOWING DOWN this speediness I must assume at my job. When I saw this, I went to breathe and found it was quite difficult at first, like I could not take a deep breath into my belly, but they were shallow and in my chest only. So had to take a few of these at least before I was experiencing my actual breathing as the whole being of body. 16 June 2013 Here I am looking at a statement that, as(at) quick glance, seems 'innocent' - yet when I look further in my writing, I see this specific statement, "But as I was doing my work this evening, I saw that I was doing a lot of reading, and it was getting late and while considering the different points I could write about - ultimately I decided I would not write a blog." The reason this statement stands out is because later in the this blog, I go on to reveal my 'real' starting point - so this statement here above is the justifications and excuses I was giving myself in attempt to 'make okay' and validate the 'real' starting point. So this is cool to see because that is what the Mind tends to do - give us points to consider that seem practical, yet what is lying behind this justifications, that make it sound 'so right' in our minds, is the truth of ourselves, as 'where we are coming from.' So it's key to not trust the thoughts in our mind and to investigate or look deeper within ourselves to see what we are attempting to hide from ourselves through/as our justifications. Because as I said, this statement looks like I was being self honest in my consideration, yet I was not. I was just giving myself excuses as to why I was allowing the starting point of self judgment to be the reason for not writing a blog, but I made up these thoughts as a means to make right what I was accepting and allowing. So tricky and deceiving actually - because we are in essence lying to ourselves, because what LIES behind these considerations is the truth, and if self dare to see, it is clearly here. I forgive myself that I have accepted and allowed myself to use 'I have been reading a lot tonight' as a reason, excuse and justification for not writing a blog, instead of realizing this is just a smoke screen I was using to cover my eyes from seeing the truth of myself in what I was accepting and allowing as the actual starting point for NOT writing a blog - which was in the nature of self judgments and inferiority I forgive myself that I have accepted and allowed myself to use "It is getting late" as a reason, excuse and justification for not writing a blog, in attempting to fool myself with making myself believe I was being practical in my considerations instead of realizing that that is not a valid reason to not make a blog - I was going to stay up and do other things anyway and so the fact that I 'tried' to make myself believe that I decided to not write a blog based within the idea that "it's getting late" is just bullshit and was attempting to hide/not face the reality of the starting point from which I was moving/deciding to not write a blog I forgive myself that I have accepted and allowed myself to manipulate and deceive myself in thinking that when I am giving myself excuses as to why I cannot write a blog, instead of seeing/realizing/understanding that the starting point must be clear and within self honesty and the reasons i have given to myself of, "I have been doing a lot of reading tonight" and "it's getting late" are not valid from the perspective that what does it matter how much I have read - how does that determine whether I am able to write a blog? Or that it's getting late, that is an excuse I have used time and time again to justify myself falling in not walking the commitment I made in walking a blog daily for 7 years, as the Journey to Life, and so I forgive myself that I have accepted and allowed myself to not stop and question myself when I see myself justifying why I will not write a blog, and ask myself if they are valid in terms of actual physical reality considerations, or if I am just attempting to validate and hide the real starting point as not taking self responsibility for myself and thus become self honest with myself in these moments to ensure that I am not allowing myself to not live up to my full potential as giving myself excuses and justifications for the limitations I place on myself I forgive myself that I have accepted and allowed myself to not question every single thought or idea that pops into my head instead of questioning everything/all of it as I have seen/realized/understand how manipulative I am within my mind in keeping myself trapped within a limited expression of myself, where I allow myself to believe I am not capable of moving beyond what i Have accepted as my nature and so I forgive myself that I have accepted and allowed myself to trust one single thought or idea that pops into my head that tells me "I don't have to write a blog" and instead investigate and look behind these thoughts or ideas to see what is LYING behind the justification and get to know if it is actually valid or not, as I have tricked myself one too many times I forgive myself that I have accepted and allowed myself to hide the truth of myself through thoughts of justification and excuses and reasons I use to justify why I am not writing a blog and instead stop and look within myself, within that moment and see if I am hiding something, because in my experience I usually am and so instead of allowing the 'just fucking up' as justification - I face the truth of myself as the real reason I do not want to write a blog and no longer trust the smoke screen I play in order to 'make right' my decision for not writing a blog, or for writing a blog even and ensure I am always pushing for self honesty in every moment as to not fuck with myself in self trust, because if I continue to exist in a starting point of separation or self judgment or abuse or limitation, then I prove to myself that I cannot trust myself and if I continue to accept the thoughts that come up telling me why I can or cannot write a blog I am also not trusting myself as I prove that when I am influenced by these thoughts or ideas, then I tell myself I am not willing to direct myself, to see more of myself, to see deep within myself of/as what is actually here as the starting point of who I am When and as I see myself participating in thoughts or back chats of "It's getting late and I have read too much tonight/done too much work tonight" or any other statements I give myself as the nature of 'reasoning' why I cannot write a blog, I stop and I breathe and I bring myself back to myself here, within self honesty and take a moment to look at what I am actually saying to myself and question whether it is real or not or if I am just fucking with myself as lying to myself in hiding the 'real reason' I do not want to write a blog as the starting point from which the decision was made, as I see/realize/understand that by the time I am feeding myself with excuses and justifications as to why I cannot do something, such as write a blog, I know I am already past the stage of deciding that I will not write a blog, I have already created who I am as the starting point and have moved from this starting point and now am at the stage of 'making right' the dishonesty I am actually accepting and allowing as a starting point of separation and so I commit myself to slow myself down in these moments to check within myself the 'real' reason I am attempting to hide, as to why I decided to not write a blog - see what is lying behind the lies as excuses and justifications I am giving to myself as to not write a blog and in that moment become self honest, trust myself to see myself for real and to take responsibility for the creation of myself as accepting and allowing a starting point of/as self judgment, inferiority, separation and abuse and instead commit myself to 'clear myself' from/as the starting point with either writing, self forgiveness or breathing to bring myself back to actual physical reality and no longer allow myself to exist in thoughts that I make myself believe are considering practically what is best for me - instead I find out for myself, through/as physical reality and the process I walk of writing, self forgiveness and self corrective statements - no longer allowing myself to manipulate myself but instead walk the process of developing self trust through trusting myself to become self honest with myself in seeing and getting to know what lies behind the picture or ideas or thoughts I show myself within my mind - getting to the truth of me I am going to jump ahead in the original blog with the point of, "as even in consideration of writing a blog about the 'ethics experience' I have been having - within looking at that, I went into self judgments as not being 'clear' on what I was seeing, and from that starting point - made the decision to NOT write a blog. Within the the starting point that "I am not good enough to take on such a point in relation to ethics - it's too intellectual - it's too vast" I forgive myself that I have accepted and allowed myself to exist within the starting point of self judgment for the reason/decision to NOT write a blog I forgive myself that I have accepted and allowed myself to exist within self judgments of myself in relation to ethics as a topic/points to open within myself in a blog I forgive myself that I have accepted and allowed myself to judge myself as 'not intellectual' enough in relation to writing a blog about ethics - instead of realizing that the level of one's intelligence really has nothing to do with one's capabilities of growth and prove that I have only inferiorized myself within defining myself as 'not intellectual enough' as seeing one being 'intellectual' as greater than me and so I forgive myself that I Have accepted and allowed myself to see myself as less then one who I would define as 'intellectual' as one being able to dissect and deconstruct ethics as it currently exists within our world I forgive myself that I have accepted and allowed myself to give up before I begin in relation to writing about, opening up, understanding and getting to know ethics as a study that currently exists within our world and even plays a role to a certain extent in how policy and politics move and so I forgive myself that I have not allowed myself to get to know 'what is here' as our current world system through the belief and self judgment that I am not 'intellectual' enough to understand I forgive myself that I have accepted and allowed myself to see ethics as a study and philosophy from which some of our current world systems function and move - as being more than me, more than my ability to see/realize/understand I forgive myself that I have accepted and allowed myself to believe and think that I am not capable of writing about ethics within my blog and from this self definition - of not being 'intellectual' or the subject being too vast, move from this starting point to not make a blog and so within this accepting myself as a limitation, as not understanding, as a slave essentially as I am saying 'this thing/ethics is more than me, I can never understand thus I shall not even 'go there'' and so I forgive myself that I have allowed myself to enslave myself to my own self created limitation, instead of realizing that all it requires is my willingness and self direction to research, learn and understand what is here and with the principles in which I am able to apply within myself and in the education process - actually see 'what is here' as ethics within common sense, thus redefining it/seeing it within actual physical reality as practical solutions that can be applied as what is best for all I forgive myself that I have accepted and allowed myself to think and believe that because I was not 'clear' in what I was experiencing in relation to my ethics class - as this 'vastness of blankness' - think and believe and actually accept that that experience was real and thus I must accept it and not question nor challenge it and thus forever limit myself to my own self created experiences, instead of investigating within myself, with/through writing, to see what it is I am not 'clear' on and find ways to become crystal clear in the study, to actually be able to stand equal to it and thus direct it, as I direct myself, within common sense perspectives that can be used/applied into practical reality living I forgive myself that I have accepted and allowed myself to define myself and my self worth or self value according to the experience I have towards/in relation to ethics as a subject and to within this, define myself as 'not good enough' to understand the subject in all it's forms and so within this, accept this as the starting point for not even attempting or trying to investigate it, get to know it, understand it and align it into the context of practical physical reality as what is best for all I forgive myself that I have accepted and allowed myself to see and define ethics as a subject as being 'too vast' as being 'too much' to know and understand and so within this, feel like "I can never understand this, I am not good enough/intellectual enough' to understand this instead of realizing that I am simple reacting/accepting such an idea according to my own perception - how I see myself in relation to ethics as a subject, and so it's not 'ethics' that is 'too vast' - it is me within my own self created limitation of what I am or am not capable of and so I forgive myself that I have accepted and allowed myself to react to my own perception or self definition of who I am in relation to ethics, define it as more than me and then accept this through/as reacting to it and then allow this to be my starting point for not 'taking it on' within my blog I forgive myself that I Have accepted and allowed myself to define self value and self worth according to one's level of intelligence I forgive myself that I have accepted and allowed myself to define intelligence in separation of who I am here and place more value on the idea of 'what it means to be intelligent' instead of common sense as what is best for all in practical, physical reality I forgive myself that i have accepted and allowed myself to define myself and others according to their level of intelligence, instead of realizing that none are equal in their education process because of our current accepted systems of inequality, where according to the money you have, defines your ability to be educated and thus intelligent in this world and so I forgive myself that I have not allowed myself to realize that intelligence does not define who a being is, but is a tool to be used to get to know what we have created in/as our world and how we are able to change/transform it into a system that is best for all - where all are equal in their ability and support to become education, to become intelligent, to be able to live and express and get to know themselves and our world equally - all with the ability to grow and expand When and as I see myself defining myself according to 'intelligence' and seeing myself as inferior or less than or not good enough to investigate, research or get to know a certain study, such as ethics, and allow this to be my starting point as a decision I make to do it or not, I stop and I breathe and I bring myself back to myself, back to the point of clearing my starting point in no longer accepting and allowing myself to be a slave to my own self created definition as limitation that I believe determine what I am capable of in this world as getting to know what is 'here' as our world; how it functions, how it operate, what sustains it such as the philosophies and principles of ethics within seeing/realizing/understanding that until I stand equal to such a study or subject, as being crystal clear in it's functionality and influence in our world, I will be forever enslaved to it and so I commit myself to stand equal to ethics as study/subject through allowing myself to investigate, research, dissect and deconstruct it to be able to see it within common sense physical reality context, as what is best for all, seeing how it can be redefined into a livable solution for all and no longer something that some might fear in defining themselves as 'less than it' - instead I commit myself to let go of my ideas of myself as being 'intellectual' or not and instead realize that within willingness and self direction and the principles of self honesty and common sense as what is best for all, I actually have the ability to see, grow, expand in my understanding about what is here as our world and so I commit myself to walk myself in my education process within the principled starting point of 'what is necessary to be done' in terms of getting to know our world, it's systems and how it effect the lives of all, to thus be able to change/transform it into a system of life support - where all are able to exist equally within the ability to grow, learn, express and LIVE What I first see is, "I noticed one being's blog and then another's, connected these two blogs together and according to how I saw/defined them, from there decided I "wanted" to write a blog" This indicate my starting point for 'wanting' to write a blog was within desire - and what I am coming to see/realize/understand is that desire stems from, or comes from the starting point of fear. And when I look within myself, in that moment, yes that is where I was 'coming from'. I reacted to these two blogs sitting next to each other. lol - sounds ridiculous, but from there I compared myself, assumed something, projected some alternate reality within my mind and then decided, "I must write a blog." Because I did not like what I was 'seeing' as my reaction, yet I was validating my reaction because I accepted it, as what I saw, accepted it was real and that point alone moved me to write a blog - to make myself more than another, to ensure I was visible and was not out of sight, meaning - I went into competition with another in attempt to 'win' something. This something is ownership and possession. Wow - a lot here in just one statement. I forgive myself that I have accepted and allowed myself to react within myself when seeing two blogs in my daily blog list I forgive myself that I have accepted and allowed myself to go into an automatic response as a reaction within my mind when seeing these two blogs in my list I forgive myself that I have accepted and allowed myself to go into ideas and assumptions about the two blogs in my list I forgive myself that I have accepted and allowed myself to create an idea and alternate reality as a 'hidden meaning' of seeing two blogs in my list and from here go into fear, fear of how I was associating/connecting the two blogs I forgive myself that I have accepted and allowed myself to judge myself as I write these self forgiveness for the points I see within/as myself within this point - judging myself as silly and ridiculous for having these reactions - instead of taking responsibility for myself and not judging myself, but accepting what I have created as me and walk the process of self forgiveness and self correction because I see/realize/understand it is ridiculous to have such reactions - to have the existence within my mind as a view point and assumption for every little thing that I see - so I do not judge myself, instead face it with self honesty and walk the process of correcting it so it longer influence/exist within me I forgive myself that I have accepted and allowed myself to fear what I was seeing within my mind as the reaction to seeing two blogs in my list I forgive myself that I have accepted and allowed myself to imagine a connection between the two blogs I was seeing in the list I forgive myself that i have accepted and allowed myself to react in fear to the connection I allowed as how I saw the two blogs in my list I forgive myself that I have accepted and allowed myself to move into jealousy as a reaction for the two blogs I saw in my list I forgive myself that I have accepted and allowed myself to move into comparison as a reaction to the two blogs I saw in my list I forgive myself that i have accepted and allowed myself to formulate a self definition of myself as 'who I am' within reaction as jealousy and competition in relation to the two blogs I saw in my list I forgive myself that I have accepted and allowed myself to then move into competition when seeing the two blogs in my list I forgive myself that I have accepted and allowed myself to feel like I was losing something within how I defined/saw/perceived the two blogs in my list and from here attempt to 'win back' what I apparently was losing I forgive myself that I have accepted and allowed myself to within competition, desire to win that which I believe I have ownership of and is my possession I forgive myself that I have accepted and allowed myself to feel threatened within/as a reaction in my mind in seeing two blogs in my list I forgive myself that i Have accepted and allowed myself to, within this 'feeling threatened', want to assert some kind of power and thus leading to the decision as my starting point to write a blog I forgive myself that I have accepted and allowed myself to 'want' to write a blog within/as the starting point of jealousy, fear, desire, comparison, competition, feeling threatened and thus attempting to assert my power I forgive myself that I Have accepted and allowed myself to 'want' to write a blog within/as a starting point of separation as dishonesty - as I was clearly not self directive in the decision to write a blog. but instead fighting for my perceived survival as my ego in how I define myself and others I forgive myself that i have accepted and allowed myself to 'want' to write a blog within/as the starting point of fear - fear of not being visible or not being seen and how others might see me because of this I forgive myself that i have accepted and allowed myself to 'want' to write a blog within/as the desire to present myself for others to see/perceive and define me as something in separation of who I really am I forgive myself that i Have accepted and allowed myself to 'want' to write a blog within/as the starting point of jealousy, in being jealous of another being for writing a specific blog and to within this, want to write a blog out of my jealousy I forgive myself that I have accepted and allowed myself to 'want' to write a blog within/as the starting point of comparison - as comparing myself to another being and their blog as seeing them as 'better' than me for writing a specific blog and it's placement within the list and from here decide I must also write a blog in attempt to 'bring myself up' and 'not accept' the feeling I was actually accepting as feeling threatened I forgive myself that i have accepted and allowed myself to 'want' to write a blog within/as the starting point of feeling threatened, where through my acceptance and allowance of jealousy and comparison, feel I was being threatened, instead of realizing it was all in my mind - it was not real at all, I was making it all up, yet I validated this existence as me through moving myself from/as this starting point of 'feeling threatened' and so attempting to regain my perceived power I thought I was losing in the experience of being threatened I forgive myself that I have accepted and allowed myself to 'want' to write a blog within/as the starting point of competition - in thinking and believing I must 'win' as being better than another through/as my blogs, instead of realizing that I am only trying to 'get back' the power I believe I have lost, but in fact given away through my own acceptance of competition as creating conflict within myself towards another and not allowing myself to realize that this it NOT what my journey to life is about - yet it is about seeing/facing this within me as the nature I have accepted of myself and to no longer allow it as the statement of who I am I forgive myself that I have accepted and allowed myself to not clear myself as the decision, each day, I make to write a blog, as a self commitment within my self agreement in walking my process of self transformation - so always moving myself within a point of self directed honesty as self movement to be here for me, to support me, to change me, to get to know me, to change my nature as what I have accepted and allowed as I see/realize/understand that what exists within me in not what is best for all or best for me or best for others, it is of separation, self interest and deceit and so I commit myself to walk my process of investigating myself as the starting point of who I am in each moment as each decision I make to take an action or not, to speak certain words or not, to be who I am that is of/as the starting point that is always coming from what is best for all, as self honesty, self directed equality and oneness here as each breath. When and as I see myself moving myself from/as the starting point of fear, desire, jealousy, comparison, competition, feeling threatened and an attempt to assert some kind of power as proving myself to something or someone, I stop and I breathe and I do not allow myself to move from/as these points. Instead I stop and I breathe and I allow myself to clear myself with either writing out the points or applying self forgiveness or breathing myself until I see that that is no longer the reason as the decision from which I move as I see/realize/understand that the outflow consequences of this only support and perpetuate the current existence/nature of myself as who I have accepted and allowed myself to be, which is of separate and self dishonesty and so I no longer allow myself to move from this point, instead I commit myself to walk my process of self investigation, self forgiveness and self commitment to always move myself within/as the starting point of/as principles that are best for all within realizing that if a reaction or feelings or emotions or ideas or anything that is of the mind is moving me that I am just a slave and not self directed as me, here as the breath of/as life, and so I commit myself to bringing myself to the point to always stand within/as the starting point of life of equality and oneness as the decision I make in this life to commit myself to this process, to this journey back to the original starting point as the creation of myself into/as this world and change it to be that which is in/as the starting point of real life, here in this physical reality, equal and one with/as all that is here
197 Or. 536 (1953) 254 P.2d 203 BLAYLOCK v. WESTLUND Supreme Court of Oregon. Argued February 3, 1953. Affirmed March 4, 1953. James M. McGinty, of Myrtle Creek, argued the cause and filed a brief for appellant. Dudley C. Walton argued the cause for respondent. On the brief were Davis, Walton & Richmond, of Roseburg. Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK and PERRY, Justices. AFFIRMED. ROSSMAN, J. 537 This is an appeal by the plaintiff from an order of the circuit court, which set aside a verdict in favor of the plaintiff and ordered a new trial of the action. The verdict, in the amount of $543.50, was based upon damages which were inflicted upon the plaintiff's automobile, so the plaintiff alleged, when the defendant's car collided with the plaintiff's. The challenged order reads as follows: "For the reason that the jury was not instructed that the defendant has the right of way over the plaintiff who was making a left turn across defendant's path. "It is hereby ordered that the verdict rendered herein in favor of the plaintiff be and the same is hereby set aside and that a new trial of this cause be and is hereby granted by the court on its motion." The plaintiff instituted this action to recover damages in the amount of $543.50 which, according to him, were inflicted upon his automobile when it was struck by one driven by the defendant. The collision occurred December 26, 1950, at about 4:15 p.m., on highway No. 99 at a point about two miles north of Canyonville. Highway No. 99 runs north and south. At the time of the impact the defendant's car was proceeding north. The plaintiff's car, which had been going south a moment prior to the accident, had turned to the left and when hit was crossing the east half of the roadway preliminary to entering a private driveway. Before the plaintiff undertook to turn left, he had stopped his car upon the roadway's right shoulder for a brief pause so that some vehicles to his rear could pass him. There was attached to his car, a coupe, a small trailer which protruded ten feet to the rear. When the plaintiff's car had crossed the yellow line which marked the center of the pavement, but before 538 it had entered upon the east shoulder, it was struck by the defendant's. The front of the latter struck the right-hand door of the plaintiff's car. The plaintiff's speed while he was undertaking to cross the pavement was no more than two or three miles per hour. The impact occurred on the east half of the pavement. From the place where the plaintiff paused for a moment, before he undertook to turn to the left across the roadway, he could look to the south down the highway for 500 feet. Thus, a car approaching from the south could be seen from the place of the mishap for 500 feet. The plaintiff swore that before he started to turn he gave a signal and looked to the south. According to him, the defendant's car was not then in sight. He claimed that when it appeared in view it was traveling at a high rate of speed. The defendant testified that he did not see the plaintiff's car until he was about 80 feet from it and that he observed no signal. He estimated his rate of speed as 45 to 50 miles an hour. The defendant's car left skid marks upon the pavement for a distance of 91 feet. The trial judge instructed the jury, in part, as follows: "Now, the law provides that the driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety and whenever the operation of any other vehicle may be affected by such movement, shall give a signal, plainly visible to the driver of such vehicle of the intention to make such movement and it is the law that the driver of any vehicle upon a highway, before turning from a direct line, shall first see that such movement can be made in safety. The defendant would not be guilty of negligence simply by reason of the fact that a collision occurred. By using the 539 words `first seeing that such movement can be made in safety', the law does not mean that the person must actually accomplish the turn in safety or be guilty of negligence. They are not to be held or he is not to be held as an insurer or guarantor of the success in his attempt to negotiate the turn. The test to be applied is this: Under the circumstances would it have appeared to a reasonably prudent person in the position of the plaintiff that he could make such turn in safety." The above will suffice as a statement of the facts. In ordering a new trial, the trial judge declared: "Now, in the case of Black vs. Stith, 164 Or. 117, the defendant had the right-of-way. Now, there is no statutory right-of-way but under this case of Black vs. Stith, 164 Or. 117, the man, undoubtedly, had what is called the common law right-of-way. It says `While the statute does not confer upon the plaintiff driver any right of way between intersections, we think it is well established under the common law that he has such right.' So that the defendant travelling on his own side of the road had the right-of-way and the other man was not entitled, the plaintiff was not entitled to turn to the left and across the path of the defendant without seeing that that could be done in safety. That is the statutory duty which the law places upon him. The language of the statute is that, in substance, before starting, stopping or turning from a direct line, the driver shall see that such movement can be made in safety. So that he had an affirmative duty to see that that could be made in safety and if it couldn't be made in safety, he was not entitled to turn left across the highway in the path of an oncoming car. The law would require him to yield to the defendant and let the defendant pass first. "In view of the situation that no instruction was given on the question of right-of-way between intersections, the verdict will be set aside and a new trial granted. Let that be the order." 540 The answer's specifications of negligence, after mentioning failure to maintain a lookout and failure to burn headlights, set forth the following: "That plaintiff operated and drove his automobile over and across the center line of said highway onto his left-hand side thereof and onto and into the path of the oncoming traffic proceeding in a northerly direction on said highway while said left-hand lane of traffic was occupied and being traversed by other automobiles, particularly the automobile of defendant. "Plaintiff operated and drove his automobile over and across the center line of said highway onto his left-hand side thereof and onto and into the path of the oncoming traffic proceeding in a northerly direction on said highway without any signal whatsoever and without sufficient clearance for approaching vehicles from the south." Our right-of-way statute provides: "(a) Vehicles approaching an intersection. Drivers, when approaching highway intersections, shall look out for and give right of way to vehicles on the right, simultaneously approaching a given point, * * . * * * * "(c) Vehicle turning left at an intersection. The driver of a vehicle within an intersection intending to turn to the left shall yield to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, * * ." (§ 115-337, OCLA) It will be observed that those provisions are applicable to "an intersection". Section 115-301, OCLA, defines the term "intersection" as follows: "The area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway crosses the other." 541 Subdivision (p) of the same section defines the words "street" and "highway" as: "The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic." It is clear that the place where the impact in question occurred was not an intersection. See Clark v. Fazio, 191 Or 522, 527, 230 P2d 553. Since the collision did not take place in an intersection, § 115-337 is not applicable to this cause. Section 115-335 says: "The driver of any vehicle upon a highway before starting, stopping or turning from a direct line shall first see that such movement can be made in safety, * * * and whenever the operation of any other vehicle may be affected by such movement shall give a signal as required in this section plainly visible to the driver of such other vehicle of the intention to make such movement." 1, 2. Black v. Stith, 164 Or 117, 100 P2d 485, to which the trial judge referred in entering his challenged order, rose out of circumstances substantially similar to those before us. According to the decision in that case, "Plaintiffs were driving in a northerly direction on the east side of the highway and defendants were traveling in the opposite direction on the west side thereof. At the place of the accident there was no intersection * * . "Defendant Stith, the driver of the Studebaker car, made a left turn across the highway for the purpose of purchasing gasoline at a service station on the east side of the highway." When his car had crossed the yellow line which marked the center of the pavement and was near the gravel 542 shoulder, it was struck by the plaintiff's car. We now quote the following from the holding: "Error is assigned by reason of the giving of the following instructions to the jury, which for convenience will be marked A and B respectively: "A. `The driver of an automobile intending to turn left across an open highway such as involved in this action, shall yield to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard.' "and "B. `A vehicle shall be driven as nearly as is practicable within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.' "In determining whether the above instructions constitute reversible error, it is entirely proper to consider the following instructions, marked C and D respectively, given by the court: "C. `The driver of any vehicle upon a highway before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety, and whenever the operation of any other vehicle may be affected by such movement, shall give a signal plainly visible to the driver of such other vehicle of the intention to make such movement.' "and "D. `Although it is the law that the driver of any vehicle upon a highway before turning from a direct line shall first see that such movement can be made in safety, the defendants would not be guilty of negligence simply by reason of the fact that the collision occurred. By using the words, "first seeing that such movement can be made in safety" the law does not mean that the defendants must actually accomplish the turn safely or be deemed guilty of negligence. They are not to be 543 held as insurers or guarantors of success in their attempts to negotiate the turn. The test to be applied is this: Under the circumstances, would it have appeared to a reasonably prudent person in the position of defendants that he could make the turn?' "In our opinion the instructions A and B given upon request of plaintiffs and upon which error is predicated have no application to the facts in this case. As before stated, the collision did not occur at a highway intersection. Instruction A is in the language of subdivision (c) of § 55-2311, Oregon Code Supplement 1935, which applies to a `vehicle turning left at an intersection.' Instruction B has no application to a driver of a vehicle turning left across the highway: Lee v. Hoff (Or.), 97 P (2d) 715. This instruction is subdivision (b) of § 55-2302, Oregon Code Supplement 1935, pertaining to passing from one lane to another. Instruction C is subdivision (a) of § 55-2309, Oregon Code Supplement 1935, and is applicable. Instruction D is a proper construction of the above statutory rule. "While the statute does not confer upon the plaintiff driver any right of way between intersections, we think it is well established under the common law that he has such right. Of course, this right of the plaintiff driver to proceed must be exercised with care. There is no such thing as an exclusive right to the use of the highway even though the plaintiff is driving on the right side thereof. Defendant driver had the right to turn to the left and across the highway but, in doing so in front of oncoming traffic, he was obliged to exercise a high degree of care. After all, the test is: What would an ordinarily prudent person have done under the same circumstances? We think such person would yield the right of way to a car approaching from the opposite direction, unless he had reasonable ground to believe that he could cross in safety. Any other rule would invite disaster: * ." 544 The decision affirmed a judgment for the plaintiff. Manifestly, there is a difference, material to a motorist such as the defendant, between the privileges afforded by a right-of-way provision and the interpretation which the instructions placed upon § 115-335, OCLA. We do not believe that the plaintiff's attack upon the challenged order discloses error. The order awarding a new trial is affirmed.
/********************************************************************** * Jhove - JSTOR/Harvard Object Validation Environment * Copyright 2004 by JSTOR and the President and Fellows of Harvard College *********************************************************************/ package edu.harvard.hul.ois.jhove.module.aiff; import java.io.DataInputStream; import java.io.IOException; import edu.harvard.hul.ois.jhove.; import edu.harvard.hul.ois.jhove.module.AiffModule; import edu.harvard.hul.ois.jhove.module.iff.; /* * Abstract superclass for the name, author, copyright, * and annotation chunks, all of which have the same * format. * * @author Gary McGath * / public abstract class TextChunk extends Chunk { /* Name of the property. The subclass constructor * must set this appropriately. / protected String propName; /* * Constructor. * * @param module The AIFFModule under which this was called * @param hdr The header for this chunk * @param dstrm The stream from which the AIFF data are being read / public TextChunk (AiffModule module, ChunkHeader hdr, DataInputStream dstrm) { super(module, hdr, dstrm); } /* Reads a chunk and puts appropriate information into * the RepInfo object. * * This method works for TextChunk, CopyrightChunk and * AuthorChunk. AnnotationChunk overrides it, since there * can be multiple annotations. / @Override public boolean readChunk (RepInfo info) throws IOException { AiffModule module = (AiffModule) _module; String name = readText (); module.addAiffProperty (new Property (propName, PropertyType.STRING, name)); return true; } /* * Reads the chunk's text data. * All text chunk subclasses consist of a text string * which takes up the full byte count of the chunk. * By the specification, the text is required to be ASCII. / protected String readText () throws IOException { byte[] buf = new byte[(int) bytesLeft]; ModuleBase.readByteBuf (_dstream, buf, _module); / Ensure that each byt is a printable ASCII character. */ for (int i=0; i<buf.length; i++) { if (buf[i] < 32 \|\| buf[i] > 127) { buf[i] = 32; } } return new String (buf, "ASCII"); } }
It's believed most were members of the banned Falun Gong movement Political prisoners in particular being used as live organ donors When reports first emerged from China in 2006 that state-run hospitals were killing prisoners of conscience to sell their organs, it seemed too horrible to be true. However, a new documentary is about to blow the lid on the illegal organ trade that is now allegedly worth a staggering US$1 billion a year. This despite the fact 10,000 organs are transplanted in China every year, yet there are only a tiny number of people on the official donor register. ‘Human Harvest: China’s Organ Trafficking’ will show how once researchers around the world - including human rights lawyer David Matas and former Canadian member of parliament David Kilgour - began to uncover the gory details, the true picture was soon uncovered. Scroll down for video A new documentary is about to blow the lid on the illegal organ trade that is now allegedly worth a staggering US$1 billion a year in China In 2006 a non-governmental coalition was formed called ‘The Coalition to Investigate the Persecution of the Falun Gong in China’. They requested that Mr Kilgour and Mr Matas investigate allegations of organ harvesting of Falun Gong practitioners in China because of their extensive academic and political backgrounds and prior involvement in human rights activism. The damning evidence they uncovered suggests that tens of thousands of innocent people have been killed on demand to supply an ongoing illegal organ transplant industry. How these two Nobel Peace Prize nominees pieced together the evidence and continue to fight against this unimaginable horror is told in the program. Human rights lawyer David Matas (pictured) investigated allegations of organ harvesting of Falun Gong practitioners in China and uncovered some gruesome facts ‘Human Harvest: China’s Organ Trafficking’ will show how researchers began to uncover the gory details The pair have spent years investigating organ trafficking in China, and it's claimed that political prisoners are being used as live organ donors. They believe the organs come from members of the Falun Gong movement – a quasi-religious group with millions of followers, which is banned by the Chinese Government. ‘I can testify that this hospital forcibly removed organs, such as livers and corneas,’ says former worker Annie of allegations that members of the banned Falun Gong movement were killed for their organs. The pair have spent years investigating organ trafficking in China, and it's claimed that political prisoners are being used as live organ donors During a rally joined by thousands of Falun Gong practitioners at Taipei, four demonstrators play in an action drama against what they said was the Chinese communists' killing of Falun Gong followers and harvesting of their organs in concentration camps 'Some practitioners were still breathing after their organs were removed, but they were thrown into the hospital’s incinerator anyway.' Filmmaker Leon Lee, who is based in Canada, is the man behind the documentary. He first read about the allegations in 2006 and he couldn't take it all in. ‘The story seemed too incredible to believe. Several months later, David Matas and David Kilgour published their investigation report Bloody Harvest,’ he told Daily Mail Australia. ‘I was inspired to investigate further and see for myself if this horrific story could really be and that's how it all began. Eight years later Human Harvest has been released and now you can see for yourself too.’ The China organ trade is now worth a staggering US$1 billion a year, Mr Lee claims. From 1980 onwards, China began withdrawing government funds from the health sector, expecting hospitals to start charging people for their services. According to Chinese doctors, state funding is often not even enough to cover staff salaries for one month. The China organ trade is now worth a staggering US$1 billion a year it is claimed ‘Transplants range from about US$60,000 to over US$170, 000 depending on the operation, so there is a lot of money to be made there. Sadly the sale of organs has become a source of funding,’ Mr Lee told Daily Mail Australia. ‘Orient Organ Transplant Centre in Tianjin reported revenue of at least 100 million yuan (approximately US$16 million) on liver transplant alone in 2007. ‘That's the number in one hospital, for one kind of transplant in one year only. Now imagine the whole of China.’ Practitioners of Falun Gong protest in Parliament Square over the 10 year persecution of their spiritual discipline by the Chinese Communist Party China outlawed Falungong as an 'evil cult' in 1999 and has since detained tens of thousands of members The subject is still one that people find hard to believe or do not want to believe for various reasons. However, in recent years China has been heavily criticized by the UN for its use of death row prisoners for organ transplanting. Laws preventing organ tourism to China are being instated around the world and are already in place in Israel and Spain. Both US Congress and the European Parliament have passed resolutions condemning Chinese regime's practice of forced organ harvesting from prisoners of conscience, and asking China to stop such practice. Thousands of Falungong practitioners sit in silence in front of the presidential office in Taipei Members of Falun Gong movement demonstrate outside the Hawaii Convention Center in Hawaii in 2011 Canada's recent ‘Subcommittee on International Human Rights’ also unanimously passed a similar motion. ‘It's a start, but a lot still needs to be done. Awareness and action at this point is really essential, we can't keep allowing this human rights abuse to continue,’ Mr Lee said. As it would have been impossible and very dangerous to shoot in mainland China, Mr Lee filmed in several other countries and obtained footage from his sources in China. Mexican protestors demonstrate against China's actions towards the Falun Gong community In recent years China has been heavily criticized by the UN for its use of death row prisoners for organ transplanting ‘Finding people that wanted to talk and gaining their trust was a slow process, the film took eight years to make,’ he says. ‘It was very difficult because people fear persecution from the Chinese regime. Identities were hidden in some cases to protect those involved.’ But for all his best intentions, will anything really be done to stop this gruesome business? Particularly considering the power that China wields worldwide? Mr Lee believes that it will. China said authorities had broken no laws while cracking down on the spiritual group Falun Gong, while insisting it was a cult that violated human rights through mind control Transplants range from about US$60,000 to over US$170, 000 depending on the operation ‘You can help spread awareness in your networks of family and friends and hopefully this film, which is currently gaining momentum, will help to shed a light on this atrocious crime. That's the hope anyway,’ he says.
Serving bowl Conix 500 ml - nordic lemon Serving bowl Conix 500 ml - nordic lemon A handy serving bowl for small salads, vegetable sticks, chips or french bread. Serving bowl with designer look Easily stackable Food looks more attractive because of white inside Colour 5 variants on wish list › business order Serving bowl Conix 500 ml - nordic lemon499 One-off delivery Direct delivery, volume discount from 100,- Order regularly Special quotation, personal contact with the account manager, min. order value 500,- Already a retail customer? Log in on your personal b2b-account Description Stylish Conix serving bowl 500 ml in Nordic Lemon. A handy serving bowl for serving small salads, vegetable sticks, chips or french bread. Its special shapes allows them to nest together perfectly, so that they only take up little space in the cupboard. The light green Conix serving bowl from Mepal has a capacity of 500 ml and is also available in 4 other sizes.
Posted December 7, 2015 at 1:01 am - Training with Greg - Ellen presumably suggested ice cream as an alternative after panel two Hey, is that an angelic tweeting bird of some sort? This comic was originally the first panel followed by Ellen and Sarah talking, but I decided to instead show examples of why they should be used to seeing Grace like that first. Because, really, it is better to show examples than to just allude to something being a thing, and it wasn't just an excuse to draw those panels. No, really, it's better to show example. Drawing those panels were just a bonus. The fact that I felt the angelic tweeting bird necessary in panel two wound up annoying me more than I expected. If I were drawing a man doing the exact same thing, nobody would be demanding an angelic tweeting bird conveniently fly by. I wound up naming the layer it was on "censor bird", and... What? Well, yes, the bird was on its own separate layer, and I drew what's under it, but that's not important right now. What's important is that it shouldn't be a big deal if, on a hot day, a woman wishes to... What? No, hypothetical person interrupting a commentary that was clearly written in advance and could not possibly be interrupted as though it were a spoken discussion, I'm not sharing a version of this comic without the bird! This commentary is over! Seriously, though, that's not a cool double standard.
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Q: Remove string and space in second column of text file I want to remove a particular string "num= " from the second column of a TAB-DELIMITED text file. this is a sentence num= 123.45 this is a phrase num= 768.90 I know how to remove "num=" using sed, but I can't seem to be able to remove the space after '='. What I want is this: this is a sentence 123.45 this is a phrase 768.90 Additionally, if the second column number is greater than 500, I would like to flag the row in a third column, like this: this is a sentence 123.45 true this is a phrase 768.90 false What I tried: I used awk to get the second column into it's own file and then this: sed -e s/num=//g -i # Removes just "num=" sed -e s/num= //g -i # I get an error sed -e s/num=\s//g -i # No effect A: Using awk: $ awk ' BEGIN { FS=OFS="\t" } # set delimiters to tab { sub(/num= /,"",$2) # remove num= print $0,($2+0>500?"true":"false") # output edited record and true/false }' file this is a sentence 123.45 false this is a phrase 768.90 true
Kinetic modelling of acrylamide formation during the finish-frying of french fries with variable maltose content. In light of a recent update in EU regulations governing levels of acrylamide in foodstuffs, further understanding of the role of different precursors is fundamental to extending mitigation strategies into a wider product range. Kinetic modelling was used to investigate the role of maltose in the formation of acrylamide during the finish-frying of french fries. The maltose concentration of raw white potato strips was systematically increased from 0 to 1.4% to observe the effect of this reducing disaccharide on acrylamide formation. A mathematical model, incorporating glucose, fructose and maltose and based on known Maillard reaction pathways, was developed which showed that acrylamide formation from maltose only contributed <10% to the total acrylamide. An additional kinetic model allowed for the formation of acrylamide directly from sugar-asparagine glycoconjugates. This model suggested that under these conditions, it is unlikely that acrylamide is formed directly from the maltose-asparagine conjugate.
Bill to protect agricultural operations wins final passage SALT LAKE CITY — The Utah Senate gave final approval Wednesday to a bill intended to prohibit interference with agricultural operations. HB187, co-sponsored by Rep. John Mathis, R-Vernal, is intended to prohibit trespassing at private agricultural operations to record images or sound from an agricultural operation or seeking employment under false pretenses with the intent of making such recordings. Farmers, ranchers and people who operate processing plants "need to know who's coming on their property because of their food safety," Hinkins said during Senate debate Wednesday. Hinkins, R-Orangeville, Senate sponsor of the bill, said the legislation is primarily a trespassing prohibition. "We really need to know whose coming and going because there's a lot of terrorists out there," Hinkins said. Animal rights organizations such as People for the Ethical Treatment of Animals "create wars" in places like rural Utah "in order to fill their war chests with money." The bill targets people who intentionally seek employment in agricultural operations "who have no reason to be there except espionage, to spy on the operation," Hinkins said in earlier debate. The bill establishes misdemeanor penalties for recording images or sounds without permission of the operator or intentionally seeking employment at an agricultural operation under false pretenses, such as recording information. But some senators have concerns that whistleblowers would be caught up in the bill's provisions if they witness food safety or animal cruelty on farms or processing plants. "If a person actually working for them seen something that is unsound animal practices, he would be protected under the bill," Hinkins said Sen. Gene Davis, D-Salt Lake, said the bill had taught him a great deal about the fear in the food industry to operate "without being bullied, quite frankly, by some very militant organizations." "There isn't a bill I received more email on than this particular bill. It's been from California all the way to Paris," Davis said.
Q: How can I reset Two Factor Authentication on my Joomla site? How can I reset Two Factor Authentication on my Joomla site? Details- A few months ago I got a new phone as my old one died. Stupidly I had TFA using Google Authentication and therefore lost access to everything protected with TFA. All but 1 item I could recover: Joomla. I had to mess around using phpMyAdmin following random instructions to things I don't understand involving tables and settings things to 0 from 1 which I did. That didn't solve my issue and then I renamed random folders from within CPanel. That worked! Now I have LastPass and this backs up my TFA for me. I would like to enable Google TFA within Joomla. It seems that I can no longer do that, but I can lock myself out! If I click "Enable Two Factor Authentication" as per all the guides, nothing happens, the button is a dud. All I can enabled is a "Yubi Key" but I need Google version instead. I'm a simple one man band providing a free service for people that cannot afford it. I'm not computer literate at all. According to CPanel I had 300 visits to my /administrator page yesterday. None were me. I just want to secure my site so people can continue to find me. I don't want to be a source of hassle for others due to being hacked. Could anyone help me check what I need to enable and ensure folders are named so I can reset my TFA to stop myself from being hacked? I use Joomla 3.7.2 within CPanel. A: You have cPanel/FTP access, then: Go to /plugins Rename twofactorauth directory. Now, try to access Joomla Administrator – you will no longer have a secret key field to enter. This is one of the easiest ways to recover Joomla Administrator when Google Authentication is uninstalled or lost the device.
421 F.Supp.2d 77 (2006) Stephanie CLAYTON, Plaintiff, v. ELI LILLY AND COMPANY, Defendant. Civil Action No. 04-1363 (RMU). United States District Court, District of Columbia. March 16, 2006. 78 Aaron M. Levine, Aaron M. Levine & Associates, P.A., Washington, DC, for Plaintiff. Lawrence Hedrick Martin, Foley Hoag LLP, Washington, DC, James J. Dillon, Foley Hoag, LLP, Boston, MA, for Defendant. MEMORANDUM OPINION URBINA, District Judge. DENYING THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION This matter comes before the court on the defendant's motion for summary judgment. The plaintiff brings this products liability and personal injury action alleging in utero exposure to a synthetic estrogen manufactured by the defendant. The defendant moves for summary judgment, arguing that the plaintiff cannot prove that she was exposed to its product. Because the plaintiffs evidence establishes a genuine issue of material fact as to whether the defendant caused her injuries, the court denies the defendant's motion for summary judgment. II. BACKGROUND A. Factual Background The defendant, Eli Lilly and Company ("Eli Lilly") is engaged in the manufacturing, marketing, sale, promotion and distribution of pharmaceuticals throughout the United States. Compl. ¶ 2. The defendant formerly sold and distributed the drug diethylstilbestrol ("DES"), a drug used by millions of women to prevent miscarriage. DES was subsequently banned by the FDA and recalled by manufacturers. Answer ¶ 2; Pl's. Opp'n to Def.'s Mot. for Summ. J. ("Pl's.Opp'n") at 1. In 1964, the plaintiffs mother, Margaret White, was pregnant with the plaintiff in Birmingham, Alabama, Compl. ¶ 3, and took DES during her pregnancy. Id. Consequently, the plaintiff alleges she was exposed to DES in utero. Id. ¶ 4. The plaintiff claims that she has suffered injuries, including uterine and cervical malformations with resulting infertility, incurred medical expenses for care and treatment, and suffered physical and mental pain and suffering, and that her injuries were caused by her exposure to DES in utero. Id. White filled her prescription for DES at the P & S Apothecary's Five Points West branch in Birmingham. Def.'s Mot. for Summ. J. ("Def.'s Mot.") at 12. Although White did not originally recall taking any medication during her pregnancy with the plaintiff, after reviewing materials provided by her daughter's attorneys, White recalled taking white, cross-scored DES tablets during her pregnancy. Pl's. Opp'n at 15; Def.'s Mot. at 11. The defendant manufactured white, cross-scored DES pills during the relevant time period in Birmingham. Pl.'s Opp'n at 15. Although 79 nearly a hundred other companies also manufactured DES at that time, Def.'s Mot. at 5, the plaintiff contends that only the defendant manufactured a DES pill like the one the plaintiff's mother described. Pl.'s Opp'n at 15. B. Procedural Background On August 10, 2004, the plaintiff filed a complaint in the Superior Court of the District of Columbia. The defendant answered the complaint, but it also filed a notice to remove the case to this court pursuant on August 12, 2004. The case was subsequently removed to this court. On August 25, 2005, the defendant moved for summary judgment, arguing that the plaintiff cannot identify the defendant as the manufacturer of the synthetic estrogen that her mother took. Def.'s Mot. at 1. The court now turns to the defendant's motion. III. ANALYSIS A. Legal Standard for a Motion for Summary Judgment Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Diamond v. Atwood, 43 F.3d 1538, 1540 (D.C.Cir.1995). To determine which facts are "material," a court must look to the substantive law on which each claim rests. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A "genuine issue" is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action. Celotex, 477 U.S. at 322, 106 S.Ct. 2548; Anderson, 477 U.S. at 248, 106 S.Ct. 2505. In ruling on a motion for summary judgment, the court must draw all justifiable inferences in the nonmoving party's favor and accept the nonmoving party's evidence as true. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. A nonmoving party, however, must establish more than "the mere existence of a scintilla of evidence" in support of its position. Id. at 252, 106 S.Ct. 2505. To prevail on a motion for summary judgment, the moving party must show that the nonmoving party "failed to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548. By pointing to the absence of evidence proffered by the nonmoving party, a moving party may succeed on summary judgment. Id. In addition, the nonmoving party may not rely solely on allegations or conclusory statements. Greene v. Dalton, 334 U.S.App. D.C. 92, 164 F.3d 671, 675 (D.C.Cir.1999); Harding v. Gray, 9 F.3d 150, 154 (D.C.Cir.1993). Rather, the nonmoving party must present specific facts that would enable a reasonable jury to find in its favor. Greene, 164 F.3d at 675. If the evidence "is merely colorable, or is not significantly probative, summary judgment may be granted." Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (internal citations omitted). B. Alabama Law Applies to the Instant Action As a preliminary matter, the defendant argues that the court should apply Alabama substantive law to this matter because the plaintiff was born in Alabama, was exposed in utero to DES in Alabama, and her mother allegedly filled her prescription 80 in Alabama.[1] Def.'s Mot. at 7. Applying the District of Columbia's choice of law rules, the court determines that Alabama's substantive law applies to this action. "In a diversity action, this Court sitting in the District of Columbia is obligated under Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938), to apply the choice of law rules prevailing in this jurisdiction." Dowd v. Calabrese, 589 F.Supp. 1206, 1210 (D.D.C.1984) (applying Klaxon Co. v. Stentor Elec. Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 85 L.Ed. 1477 (1941)). For this analysis, the court looks to factors contained within the Restatement (Second) of Conflicts of Laws, including: "(a) the place where the injury occurred; (b) the place where the conduct causing the injury occurred; (c) the domicile, residence, nationality, place of incorporation and place of business of the parties; and (d) the place where the relationship is centered." Jaffe v. Pallotta TeamWorks, 374 F.3d 1223, 1227 (D.C.Cir.2004) (citing RESTATEMENT (SECOND) OF CONFLICTS OF LAWS § 145). In making its choice of law, the court considers "which jurisdiction has the most significant relationship to the dispute." Id. Alabama has the most significant relationship to this case. Although the injury was diagnosed in Puerto Rico, the operative events giving rise to the injury, including the filling of the prescription, use of the drug and the plaintiff's in utero exposure to DES, occurred in Alabama. Because neither the domicile of the plaintiff nor the place of business or place of incorporation of the defendant is in the District of Columbia, the third factor does not weigh against applying Alabama law. Indeed, the only limited connection that this action has to the District of Columbia is that the defendant conducts some business in the District of Columbia. Given the substantial connection between this matter and Alabama and the lack of connection this matter has to the District of Columbia, Alabama substantive law applies to the plaintiff's claims. Jaffe, 374 F.3d at 1227; see also Galvin v. Eli Lilly and Company, Civil Action No. 03-1797, slip op. at 8 (D.D.C. June 10, 2005) (applying Kansas law in a DES case to determine whether plaintiff met her product identification burden because Kansas was the place of plaintiff s birth, the place of exposure, and the place where the DES prescription was filled). C. The Court Denies Defendant's Motion for Summary Judgment The defendant moves for summary judgment, alleging that the plaintiff cannot establish that the DES her mother took was manufactured by the defendant. Def.'s Mot. at 1. Alabama products liability law requires the plaintiff to establish that the defendant's product caused her injuries. Sheffield v. Owens-Corning Fiberglass Corp., 595 So.2d 443, 450 (Ala.1992) (stating that the "threshold requirement of any products liability action is identification of the injury-causing product and its manufacturer") (citation omitted); see also Turner v. Azalea Box Co., 508 So.2d 253, 254 (Ala.1987) (holding that a plaintiff in Alabama "must prove that the defendant manufactured and/or sold the allegedly defective product"). Although the plaintiff must establish that the defendant's product caused her injuries by more than just speculation or conjecture, the plaintiff may use circumstantial evidence to prove the identity of the manufacturer. Turner, 508 So.2d at 254; see also Coca-Cola Bottling Co. v. Miller, 47 Ala.App. 14, 249 So.2d 81 630, 630 (1971) (affirming the verdict for an individual who swallowed particles of glass contained in a soft drink bottle because the manufacturer did not offer any evidence to rebut the evidence showing it had manufactured, bottled, and distributed the soft drink at issue). The defendant makes three main arguments to support its assertion that the plaintiff cannot prove that the defendant manufactured the drug to which she was exposed. First, the defendant argues that White's identification of the defendant as the manufacturer is not based on personal knowledge. Def.'s Mot. at 10. Second, the defendant contends that even if White did have personal knowledge, the plaintiff offers no proof that the defendant was the only manufacturer of white, cross-scored DES pills. Id. at 11. Finally, the defendant alleges that Lee Wade Sellers, a pharmacist at the P & S Apothecary's Five Points South branch and a witness for the plaintiff, has no personal knowledge of the stocking and dispensing practices at the P & S Apothecary Five Points West branch where White filled her prescription. Id. at 11-12. The defendant claims that these factors support summary judgment in its favor because the plaintiff cannot exclude the possibility she was exposed to another manufacturer's DES product. Id. at 6. The court addresses each of the defendant's argument in turn below. 1. White's Personal Knowledge The defendant first argues that the plaintiff's mother, White, does not have the personal knowledge necessary to describe the tablet she took. Def.'s Mot. at 10. The defendant supports this claim with testimony from White's deposition, in which White stated that she had no recollection of the pills she took until the plaintiff's attorneys sent her pictures of assorted DES pills. Def.'s Mot., Ex. 4 ("White Dep.") at 31:9-12. In ruling on a motion for summary judgment, the court does not weigh the evidence, but rather determines whether there is an issue for trial. Anderson, 477 U.S. at 249, 106 S.Ct. 2505. White identified the pills she took as white and cross-scored after looking at photographs containing pictures of many types of DES pills. P1's. Opp'n, Ex. 10 ("Lewis Aff.") ¶ 4, 5. Although the defendant implies that White's identification is not reliable because it is based on the pictures her daughter's attorney gave her, Def.'s Mot. at 10, the reliability of White's memory goes to the weight of the evidence. "[M]emory gaps and doubts caused by the lapse of time go to the weight to be given the testimony," 27 FED. PRAC. & PROC. § 6023, and accordingly constitute a matter for the jury to decide. Accordingly, White's recollection, or lack thereof, is an issue for a jury to address. 2. White's Proof that Eli Lilly Manufactured the DES The defendant also argues that even if White's description was based on personal knowledge, White's description alone is insufficient to exclude all other DES manufacturers. Def.'s Mot. at 11-12. While the defendant might be entitled to summary judgment if the plaintiff's only evidence consisted of White's description of the DES pill, see Turner, 508 So.2d at 254, the plaintiff offers other evidence identifying the defendant as the manufacturer of the alleged drug. First, the plaintiff offers evidence suggesting the defendant was the exclusive manufacturer of the pill that White describeda small, round, white cross-scored 25mg DES tablet. Id. at 15. To support this claim, the plaintiff submits an affidavit stating that a review of nearly 300 DES photographs of 100 different brands of DES yielded no other DES pill with the same description as the defendant's pill. Id.; Pl.'s Opp'n, Ex. 17 ("Zhang Aff."). Although this evidence 82 may not necessarily exclude every manufacturer's DES pill, this evidence is sufficient to narrow the field of potential tortfeasors, which is all that is required under Alabama's product liability law. Sheffield, 595 So.2d at 451 (stating that the plaintiff "must make it appear that it is more likely than not" that the defendant caused the plaintiff's injury) (quoting RESTATEMENT (SECOND) OF TORTS § 433B) 3. Sellers's Personal Knowledge Last, the defendant argues that one of the plaintiff's witness, Sellers, does not have the personal knowledge necessary to describe the dispensing practices of the pharmacy where White filled her prescription. Def.'s Mot. at 10. Sellers worked at the P & S Apothecary Five Points South branch and was the pharmaceuticals buyer for all the P & S Apothecary stores. Pl.'s Opp'n, Ex. 12 ("Sellers Aff.") ¶¶ 2, 4. Sellers states that based on his observation, if a woman came into any P & S Apothecary store with a prescription for DES, the Eli Lilly brand would have been dispensed. Pl's. Opp'n at 6-7; Pl.'s Opp'n, Ex. 14 ("Sellers Dep.") at 32:14-18. The defendant claims that Sellers's testimony should be disregarded because his testimony regarding the inventory supply of the Five Points West branch of P & S Apothecary, the store where White filled her prescription, is not based on personal knowledge. Def.'s Mot. at 11-12. To the contrary, however, Sellers has personal knowledge about orders placed in bulk quantity by the P & S Apothecary stores. Sellers Dep. at 9:17-22; Sellers Aff. ¶ 4. Furthermore, Sellers testified that P & S Apothecary only purchased from four local wholesalers, all of which sold the defendant's products. Sellers Aff. ¶ 7. On a motion for summary judgment, the nonmoving party is entitled to every reasonable inference. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Here, P & S Apothecary stores bought through the same four wholesalers, Sellers had knowledge of all orders placed in bulk quantity and Sellers only recalls seeing the defendant's brand of DES at his P & S Apothecary store. Sellers Aff. ¶¶ 6, 7. Sellers, who acted as a buyer for all the P & S pharmacies, also states that any woman with a prescription for DES would have received the defendant's product. Id. ¶¶ 4, 6. For the purposes of this motion, the plaintiff is thus entitled to the reasonable inference that the stocking practices of the Five Points South branch corresponded to the stocking practices of the Five Points West branch. In short, the evidence submitted by the plaintiff produces a genuine issue as to whether the plaintiff was exposed to the defendant's DES pill. FED.R.Civ.P. 56(c); see also Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548. Although the defendant argues that the plaintiff is required to exclude every DES manufacturer, Defs. Reply at 5, the summary judgment standard does not require the nonmoving party "to discredit every conceivable alternative theory of causation." Shields v. Eli Lilly and Co., 895 F.2d 1463, 1465 (D.C.Cir.1990). The nonmoving party only need to produce evidence that would allow a reasonable juror "to find that the party proved the element at issue." Id. Here, the plaintiff has met her burden because she submits evidence suggesting that: (1) the defendant is the only company that manufactured a 25 mg, white, cross-scored DES pill during the relevant time period and (2) the pharmacy where her mother filled her prescription dispensed the defendant's DES pills. The defendant, moreover, fails to point to any other manufacturers of 25 mg white, cross-scored DES pills who sold their products in the Birmingham area.[2]83 Accordingly, the court denies the defendant's motion for summary judgment. IV. CONCLUSION For the foregoing reasons, the court denies the defendant's motion for summary judgment. An order directing the parties consistent with this Memorandum Opinion is separately and contemporaneously issued this 16th day of March, 2006. NOTES [1] The plaintiff does not oppose the defendant's argument. [2] The defendant cites to Galvin v. Eli Lilly & Co., Civil Action No. 03-1797, slip op. (D.D.C. June 10, 2005) in support of its motion. Def.'s Reply at 3. In that case, however, the determinative factor for granting summary judgment was that the defendant offered into evidence a DES pill matching the same description as the pill identified by the plaintiff. Id. at 10. Here, the defendant has not offered such evidence. For this reason, the defendant's reliance on Galvin is misplaced.
Details: Are you looking for a 1930s women cosplay costume for your event. You've come the right place. This costume is accurately designed based on the move Mary Poppins Returns. Which is a 1930s London story. Elegent, retro style. It's the best outfit for your party or convention.
According to the production notes, that were discovered courtesy of Bleeding Cool, there is going to be a new female lead and troublemaker for Captain Jack Sparrow (Johnny Depp). She is suspected of witchcraft, which is a big part of the film, but she is actually a scientist. There are two new romantic leads from farming families, that get involved in Sparrow's plans. One of the film's leads is a ghost and a "former member of the British military now siding with Barbossa on a revenge mission". The film starts with an "awkward wedding" and concludes with "a riff on the mouth of the Bermuda Triangle". Since we learned that the players involved with the production are fine tuning the script, we presume that many of these details could change. But we do now have a better idea of where this new adventure is going to take Jack Sparrow and team. Are you looking forward to the next installment? Let us know in the comments section below!
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Facebook Feedback: Getting food stamps? No junk food allowed A new bill would block food stamp users from buying junk food. Editor's note: Throughout the week we post questions to our Facebook page to invite discussion by readers. Below are excerpts from one of our recent conversations: A new proposal would allow the state to limit uses of food stamps on junk food. We asked: Should the state be able to tell those on food stamps to eat healthy? I pay for you to eat with those food stamps. So, no. It shouldn't be your choice. Red Bull and candy bars aren't necessities. Get a job if your kids need those. Pathetic reasoning - a prime example of people who take advantage of it. - Moose Fabronie We the taxpayers are paying for increased food stamp participants and increased health care costs - all a strain on the ever-shrinking tax base. One can avoid buying soda pop, chips, frozen meals and buy fresh veggies or whole-grain bread. Home-cooked meals are a lot less costly in the long run and better for you. - Judy Lillie I don't think they should be allowed to buy candy, soda, beer, chips with food stamps. Those are not necessities to survive. - Jane Worzella Blarek Problem is all of the healthy food is way more expensive than the junk pushed on us. Want to get people to eat healthy? Make the prices like what I experienced in Japan. Healthy foods are affordable. Snacks are a treat/luxury. - Wyatt Fritz Well, do some research. A single person in Wisconsin can qualify for up to $200 per month. Say a month is 30 days: That's $6.66 a day or roughly $2 a meal. If they waste it, it is their own fault. Who are we to tell them how to spend their money? Every situation is different. Yes there are moochers, but there are also people who really do need that money. Live and let live. I just can't support anything involving taking freedom and personal choice away from Americans. - Kellie Ruatti I work for every dollar I make and I am able to live comfortably. But if I made less money and struggled to get by, I would take it as a slap in the face to see people who don't have a job buying junk food with the money that I am paying into the state, while I yet couldn't afford to enjoy myself. I am all for the state restricting certain items from being purchased with food stamps. - Gregg Ruechel People getting any government funding should be told what to do with it. -Dominic Crotteau I don't think it is fair to tell someone how to eat. It's just not right if the state can tell the people on food stamps how to eat. It's a free country and people should be able to eat how they want. That is their problem, not the state's. - Stephanie Kolz If we demand others to eat healthy, then we sure as hell should do the same. People cannot buy beer with food stamps and we can easily place a limit on junk food items, but a ban is out of line. Let's get real and worry about things that are more important than our petty envy about where our money goes. Judge not lest ye be judged, as somebody once said. - Russ Schleicher ADVERTISEMENT ADVERTISEMENT ADVERTISEMENT Email this article Facebook Feedback: Getting food stamps? No junk food allowed I pay for you to eat with those food stamps. So, no. It shouldn't be your choice. Red Bull and candy bars aren't necessities. Get a job if your kids need those. Pathetic reasoning ? a prime example A link to this page will be included in your message. Join Our Team! If you are interested in working for an innovative media company, you can learn more by visiting:
We all saw it, and we probably still are trying to decide if it’s true or not. Justin Haley, the same one who’s a NASCAR Xfinity Series rookie and fresh off a trip to the championship finale in the Gander Trucks in 2018, is a Monster Energy NASCAR Cup Series race winner. Shortly after a massive wreck at the front of the field cleared the way, race leader Kurt Busch headed to pit road being told the race was a lap away from going green, and while there lightning struck over Daytona International Speedway. It immediately sent the Coke Zero Sugar 400 into delay. Everyone’s initial reaction to the delay seemed to be taking and double taking over who was marked as the leader. 20-year-old Justin Haley, making his third start for the No. 77 Spire Motorsports Chevrolet, was at the point. The delay ticked on as cameras followed a nervous Haley. Eventually drivers strapped in again, but another lightning bolt struck. The wait continued. Finally, it was over, and Haley was a first-time winner. Haley has certainly had his moments at Daytona already in his young career. In second career Xfinity Series start last year he swooped under Kyle Larson and Elliott Sadler, beating them to the stripe for his apparent first Xfinity Series win. Nope. NASCAR said he dropped below the double yellow line to make the pass. Larson won, and Haley was left to say it was a “pretty BS call.” Fast forward to Friday night, and Haley thought he redeemed that night to an extent, finishing second behind teammate Ross Chastain. He couldn’t have guessed what was coming on Sunday afternoon. Many are saying it’s the most improbable victory in NASCAR history, but what’s it up against? Let’s take a look at just the past 10 years. David Ragan – 2013 Aaron’s 400: Another superspeedway race with rain, Front Row Motorsports teammates David Ragan and David Gilliland finished 1-2 after Ragan made a last lap pass on Carl Edwards. The win was met with high praise from the rest of the field, even Edwards, who said, “As frustrated as I am by this loss, I’m really happy for (Ragan and Gilliland).” Chris Buescher – 2016 Pennsylvania 400: Rookie Buescher, from Prosper, Tex., qualified for the playoffs with a win in the fog-shortened race at Pocono. The win stands as Buescher’s lone Cup Series victory so far. Regan Smith – 2011 Southern 500: Regan Smith is better known for his success in the Xfinity Series, but when he yelled “We’re not supposed to win this thing!” as he crossed first in the Southern 500, it was a sign of things to come for his team, Furniture Row Racing. Once again it was Edwards who was the hard luck loser. The win was Smith’s only one in the premier series. Trevor Bayne – 2011 Daytona 500: The second youngest winner in Cup history won the Daytona 500 in his second career starts, both categories where he’s one better than Haley’s feat. It wasn’t quite the same on the David vs. Goliath level because Bayne was racing for the historic Wood Brothers team, but it was the first time the team won Daytona since 1976. And yes, Carl Edwards finished second to yet another surprising upstart. So is Haley’s win the most improbable? Given he was making his third career start in a part-time ride for a Rookie team, it has to be, but was it the most impressive on this list? Not by a long shot. Either way, a win’s a win, and if his budding resume means anything it won’t be the last time we see Haley make his mark. O’Reilly Auto Parts 500 The O’Reilly Auto Parts 500 race weekend has been rescheduled for July 18-19, 2020 as part of a triple header weekend with the My Bariatric Solutions 300 and the Vankor 350. Ticketholders for any originally scheduled March NASCAR event should visit the Ticket Exchange Information Page for details on event exchanges, credits or refunds. Due to the ongoing pandemic, our walk-in ticket office remains closed. However, our ticket agents are working remotely.
Dogs, Donor Goals, and Deadlines: Ideas You Should Steal from 2020 Candidates’ Digital Ads Read time: 5 minutes Ahhh, FEC deadlines. You call them federally-mandated requirements for candidates to disclose how much money they’ve raised. I call them quarterly exhibitions of the latest, greatest, and sometimes strangest in fundraising creative, gleefully screenshotting every bumper ad, Instagram post, and very, very detailed MMS I come across. Is this a weird pastime? Yes, yes it is. But my weird hobbies have dividends for you, because with so many (MANY) people running for president, there’s so many (MANY) tactics you can steal for your nonprofits ads The biggest trend we’ve noticed this quarter is what I’m calling the email-ification of advertising. You see it in Julian Castro’s ads that riff off of the “This person asked. This other person asked. This OTHER person asked.” style popularized by the DCCC. You see it in Beto and Bernie’s countdown clocks. And Amy Klobuchar’s “donor roll” ad? Pure email-ification right there. Here’s the thing, <FirstName>: Email is not the same channel as digital advertising. But, as smart marketers, you’re trying to reach the same audiences across a bunch of different channels. If a particular tactic is working on email for your target audience, it might just work on a digital ad. And speaking of email-ification, another trend we continue to see is message testing. This is not at all new, but nonprofits aren’t adopting this with nearly the gusto that political campaigns are, so I must beseech you: Test. Your. Words. Not only will it teach you what frame(s) resonate best with your audience, or whether emojis and SHOUTY CAPITAL LETTERS improve your conversion rate. Thinking through two or three or five ways of talking about your cause or campaign will make you a better writer, I pinky promise. Take a look at just a sample of Cory Booker’s ads. He’s trying the donor funded match angle, the ol’ FEC deadline angle, the “ugh this guy is the worst” angle, and the classic “let me introduce you to this everyday donor like you” angle. If you’re feeling a little salty after I suggested you double or quintuple your workload with message testing (#sorrynotsorry), not all the trends we’re seeing mean more work for you. In addition to the standard fundraising and lead generation fare, Pete Buttigieg’s campaign has been promoting news articles from third party sources in social ads. Weird, right? But really, really smart. The right has been investing millions in promoting “articles” from right wing “publications” with questionable journalistic cred (looking at you, The Western Journal!). They regularly pump out “articles” that are shared more than 200,000 times on Facebook. In this year’s Mediamarks Study, we saw that on average a news story that included a nonprofit cause was shared on Facebook… about 2,000 times. Post debates, we also saw Kamala Harris riff off the tactic, paying to promote articles praising her performance and pulling in similarly glowing quotes into post copy and images for more traditional EOQ fundraising ads. If you’re a nonprofit that’s not yet a household name, or simply want to make sure your perspective is heard on an issue that’s generating headlines, take a page from Mayor Pete and boost some articles. (And if you’re wondering how to juggle this strategy with your ambitious fundraising and lead gen goals, let’s talk more!) Last, but not least, for all the bells and whistles digital advertising affords us, we’re continuing to see candidates opt for simple, almost minimalistic ads design and copy. It’s a good thing, too: People are processing information and forming an emotional reaction within just 0.4 seconds of seeing a mobile ad (and just two seconds of seeing an ad on desktop), according to the Mobile Marketing Association. That means tons and tons of fancy animation a la this Steve Bullock video likely muddles your message — and turns off potential voters. It’s also probably why Elizabeth Warren is more likely to show you Bailey in her ads than her latest policy proposal (candidates and nonprofits: More dogs in ads, plz). Biden’s “Three Reasons” ad shares three reasons why he’s running, all ending in “of this nation.” The repetition allows his message to land—and stick—in peoples’ minds. Warren takes the selfie video trend to a whole other level, filming a quick pitch in front of a crowd of supporters. You know how we’re always telling you to show, don’t tell? Nothing says “jump on the bandwagon” like filming in front of a giddy crowd. Instant FOMO. Beto seems to have hired Marie Kondo to advise his digital team. The result is striking—in part because his target audience is already bought into the idea of impeachment. No additional context or selling is needed to get people to act. If you, too, love nothing more than snooping on learning from what the presidential candidates are doing, send me your screenshots and tell me what you’re seeing/digging/loathing. After all, the October Quarterly deadline’s only 76 days away… ———————— When Gwen’s not scheming up new campaigns or writing dazzling copy, she’s kicking it with her pug Frankie. You can reach her at gemmons@mrss.com.
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Rate Hikes by One G8 Central Bank Are Causing Concern The Russian Central Bank was never going to have an easy time establishing credibility with financial markets, not after a bout of hyperinflation and a subsequent debt default in the late 1990s. Imagno RUSSIA - JANUARY 01: St. Isaac's Cathedral in St. Petersburg, Russia is the largest cathedral in that city and was the largest church in Russia when it was built (101.5 meters high). It was dedicated to Saint Isaac of Dalmatia, a patron saint of Peter the Great who had been born on the feast day of that saint. Russia. Photography. 2004. (Photo by Imagno/Getty Images) [Die Isaakskathedrale ist die groesste Kirche Sankt Petersburgs und der viertgroesste sakrale Kuppelbau der Welt. Der Innenraum de But has the central bank taken its reputational rehabilitation too seriously? Russia’s relative economic stability since those dark days has won the central bank kudos from international investors. Domestic bankers, however, say the central bank needs to ease up on its fight against inflation. “The central bank, unfortunately, has raised interest rates, which will have an effect on the price of lending,” Andrey Kostin, President of VTB Bank, told CNBC on Tuesday. VTB expects gross domestic product growth to decelerate to an annual rate of 3.5 percent next year, from just under five percent through much of 2012. The central bank lifted its key policy rate by 25 basis points in September, and the bank’s First Deputy Chairman Alexei Ulyukayev has hinted of further tightening. The current interest rate “corridor” may be “too wide” he told a Russian television interviewer on Tuesday. The next monetary policy decision is due on Friday. Such vigilance bucks the international trend toward lower rates, with most of the developed world growing sluggishly, or not at all. “Raising policy rates in a slowing, if still robust economy is very hard to justify,” said analysts at Moscow-based investment bank Renaissance Capital in a note issued Monday. “The [central bank] may jeopardise its policy credibility if it continues down the road of hiking rates.” The recent uptick in inflation, to a 6.3 percent annual rate in September, above the government’s medium-term target of six percent, is largely due to a bad grain harvest earlier this year, according to Renaissance. Still, that overly tight monetary policy is unlikely to harm buoyant share prices. Both major Russian stock indices jumped by more than five percent last month. Russia is the only BRIC (Brazil, Russia, India, China) to record positive equity returns during both rounds of U.S. quantitative easing, Renaissance noted, which bodes well for the performance of Russian shares during the current round. The successful flotation of Sberbank shares on the London Stock Exchange is also “positive for sentiment and a catalyst for the broader market,” added the investment bank. However, Kostin viewed competitor Sberbank’s western debut more cautiously, noting that the offering was less over-subscribed than the London float of VTB Bank back in 2007. That could prevent VTB from pushing ahead with its planned second round of London fund raising this year. “Eventually we will need some more capital to maintain growth,” Riccardo Orcel, deputy chief executive of VTB told CNBC on Tuesday. “But we’re mindful of not coming back with a second offering too soon. Probably next year, but it depends on market conditions.” Kostin also lamented the central bank’s hasty adoption of capital adequacy standards required by the Bank for International Settlements. The central bank has announced that banks must calculate capital in adherence with Basel III rules from Friday, a decision Kostin viewed with “distaste.” Russian banks, particularly those engaged in speculative transactions, will need to set aside greater capital to comply with the new regulation. “It should be a gradual approach,” said Kostin.
Communicated by T. Yoshioka. Weeds are among the most critical factors affecting the crop yield (Holt & Orcutt [1991](#wbm12073-bib-0014){ref-type="ref"}) and are responsible for the worldwide productivity decline in various agricultural crops. In India, weeds account for ∼37% of the total annual loss of agricultural produce from various pests (Yaduraju [2006](#wbm12073-bib-0048){ref-type="ref"}). Acting at the same trophic level as the crop, weeds capture the available resources that are essential for crop growth. Thus, leaving weeds uncontrolled will eventually lead to a significant reduction in crop yield and quality. The features that confer competitive superiority to weeds are vigorous shoot and root growth, rapid leaf canopy development, architecture, height, rates of transpiration, photosynthesis and conductance, water use efficiency (Patterson [1995](#wbm12073-bib-0027){ref-type="ref"}) and high growth rate (Mohler [2001](#wbm12073-bib-0021){ref-type="ref"}). Wheat (Triticum aestivum L.) covers ∼17% of the total world\'s cropped land and contributes 35% of the staple food and 20% of the calories (Chhokar et al. [2006](#wbm12073-bib-0009){ref-type="ref"}). It is one of the major cereals in India, grown over an area of ∼25 million ha (Sharma et al. [2004](#wbm12073-bib-0033){ref-type="ref"}), and is used as a staple food for a large population (Chhokar et al. [2006](#wbm12073-bib-0009){ref-type="ref"}). However, weeds are the major constraint in the production of wheat in India as they reduce crop yields by 22.7% (Varshney [2007](#wbm12073-bib-0043){ref-type="ref"}). Studies indicate that Phalaris minor Retz, Chenopodium album L., Melilotus indicus L., Avena fatua L., Rumex dentatus L. and Polygonum plebeium R.Br. are the most frequent weeds in irrigated wheat under the rice--wheat system of the Indian subcontinent (Mustafee [1991](#wbm12073-bib-0022){ref-type="ref"}; Sharma et al. [2004](#wbm12073-bib-0033){ref-type="ref"}; Tiwari et al. [2007](#wbm12073-bib-0042){ref-type="ref"}; Vashisht et al. [2008](#wbm12073-bib-0044){ref-type="ref"}). Phalaris minor Retz. among the grassy weeds and R. dentatus L. among the broad‐leaved weeds are of major concern in India (Balyan & Malik [2000](#wbm12073-bib-0005){ref-type="ref"}; Chhokar et al. [2006](#wbm12073-bib-0009){ref-type="ref"}). The dominance of these two species is influenced by tillage practices as continuous zero‐tillage has been shown to lower P. minor incidence and increase the build‐up of R. dentatus (Sharma et al. [2004](#wbm12073-bib-0033){ref-type="ref"}; Tiwari et al. [2007](#wbm12073-bib-0042){ref-type="ref"}). Alarmingly, P. minor has developed extensive isoproturon resistance due to the latter\'s continuous use (Yaduraju [1999](#wbm12073-bib-0047){ref-type="ref"}; Chhokar et al. [2006](#wbm12073-bib-0009){ref-type="ref"}). Similarily, C. album L., considered to be among the first five most important weeds in the world, is becoming a serious threat due to the origin of its herbicide‐resistant races (Aper et al. [2010](#wbm12073-bib-0002){ref-type="ref"}). Singh et al. ([2008](#wbm12073-bib-0034){ref-type="ref"}) discussed the dynamics of the functional groups of weed flora in wheat fields of the Indian Indo‐Gangetic Plains on the basis of life form. However, it is necessary to further characterize the weed flora based on their ecophysiological traits that determine their pattern of resource capture and competitive ability. Ecophysiological traits regulate ecosystem processes (Wardle et al. [1998](#wbm12073-bib-0045){ref-type="ref"}; Díaz et al. [2004](#wbm12073-bib-0010){ref-type="ref"}), actively influence ecosystem properties, such as resource availability and dynamics, and determine the resource capture ability of any competing species (Kropff et al. [1992](#wbm12073-bib-0018){ref-type="ref"}). Studies indicate that species with high rates of photosynthesis, transpiration and decomposition have a fast growth rate (Chapin [1993](#wbm12073-bib-0008){ref-type="ref"}). Similarly, the specific leaf area (SLA) has been shown to correlate positively with traits that allow the plant to acquire external resources rapidly (Poorter & Garnier [1999](#wbm12073-bib-0029){ref-type="ref"}). According to Storkey ([2006](#wbm12073-bib-0039){ref-type="ref"}), species with a similar ecophysiological profile will have a similar function in terms of competition. Simulation models have been developed recently in which the mechanisms of interplant competition are described based on plant physiology (see Caldwell et al. [1996](#wbm12073-bib-0006){ref-type="ref"}). In order to calibrate empirical models of crop yield loss based on relative weed green area to different growing seasons, detailed knowledge of the ecophysiological growth characteristics of weeds and crops is necessary (Storkey [2004](#wbm12073-bib-0037){ref-type="ref"}). Many of these parameter estimates can vary among crop genotypes, species and cultural practices. The objective of this research was to compare the estimates of selected ecophysiological parameters for a wheat crop and its five dominant weeds that are found in the Indo‐Gangetic Plains of India. The area has a tropical monsoonal climate with a cold winter (November to February), a hot summer (April to June) and a warm rainy season (July to September). Materials and Methods {#wbm12073-sec-0002} ===================== The study was conducted from December 2008 to April 2009 at the research farm of the Institute of Agricultural Sciences, Banaras Hindu University, Varanasi, India. The farm (25°15′N, 80°59′E) was situated 76 m a.s.l. The annual rainfall at the study site averages 1100 mm, of which \>85% falls during the rainy season from the south‐west monsoon. The details of the rainfall and temperature conditions of the area are given in Figure [1](#wbm12073-fig-0001){ref-type="fig"}. The soil is alluvial, well‐drained, pale brown, silty loam, Inceptisol with a neutral reaction and is low in available N and K (Singh et al. [2011](#wbm12073-bib-0035){ref-type="ref"}). ![Mean daily temperature and rainfall during the study period (2008--2009) at Banaras Hindu University, Varanasi, India. (□), Rainfall; (●), temperature.](WBM-15-102-g001){#wbm12073-fig-0001} Experimental design {#wbm12073-sec-0003} ------------------- The experiment was set in a completely randomized block design with three replicate plots (each 5.0 m × 3.0 m) separated by 0.5 m strips. The sowing of wheat (var. Kundan) was done on December 18 2008 through drilling, with a row‐to‐row distance of 20 cm and a spot‐to‐spot distance of 15 cm. The Kundan variety is a high‐yielding (4.0--4.5 t ha^−1^), semidwarf variety of wheat. Its life cycle continues for ≤125--130 days after sowing (DAS). These fields had been subjected to the same treatments, as described below, for the past 12 years and followed a rice--wheat--fallow crop rotation. The fertilizer application of NPK followed the regional practices. The basal treatments of KCl and P~2~O~5~ were applied at the rate of 80 and 40 kg ha^−1^, respectively, P~2~O~5~ being applied in the form of single superphosphate and KCl being applied in the form of potash at the time of sowing. Nitrogen was applied as urea at the rate of 120 kg N ha^−1^ in three split doses. The first dose of urea (40 kg N ha^−1^) was applied at the time of sowing; other two doses (40 kg N ha^−1^), were applied as top dressing during the active tillering (30 DAS), and flowering stages (60 DAS) of wheat, respectively. In order to avoid water shortages until harvest, the plots were surface‐irrigated weekly. The weeds were allowed to develop in the wheat plots without physical and chemical control. The weed composition was analyzed by using two 50 cm × 50 cm randomly placed quadrats in five wheat fields of the study area. For each weed species, the Importance Value Index (IVI) was calculated as the sum of the relative values of frequency, density and dominance. Based on this analysis, five dominant weeds were selected for the study; namely, Anagallis arvensis, C. album, Melilotus albus, P. minor and R. dentatus. (Table [1](#wbm12073-tbl-0001){ref-type="table"}). Other authors also have reported that these are the most important weeds in the Indo‐Gangetic Plains, in terms of ubiquitous dominance and crop damage (Mustafee [1991](#wbm12073-bib-0022){ref-type="ref"}; Sharma et al. [2004](#wbm12073-bib-0033){ref-type="ref"}; Tiwari et al. [2007](#wbm12073-bib-0042){ref-type="ref"}; Vashisht et al. [2008](#wbm12073-bib-0044){ref-type="ref"}). ###### Relative frequency (RF), relative density (RD), relative dominance (RA) and Importance Value Index (IVI) of the dominant weed species that were found in the wheat agroecosystem under study on different days after sowing (DAS) Species 25 DAS 60 DAS 90 DAS 105 DAS -------------------------- -------- -------- -------- --------- ----- ------ ------ ------ ----- ------ ------ ------ ------ ------ ------ ------ Phalaris minor 11.1 26.1 20.2 57.4 9.6 19.2 16.2 45.0 9.3 21.3 17.9 48.5 11.4 23.6 18.4 53.4 Melilotus albus 10.6 14.6 11.9 37.1 9.6 21.9 18.5 50.0 9.3 17.7 14.9 41.9 11.4 19.2 14.9 45.5 Chenopodium album 10.6 22.7 18.0 51.3 9.6 15.1 12.7 37.4 8.2 16.1 15.1 39.4 9.5 15.8 14.3 39.6 Anagallis arvensis 7.4 5.2 6.0 18.6 8.8 5.7 5.3 19.7 9.3 6.6 5.5 21.5 7.6 5.0 5.9 18.5 Rumex dentatus 5.5 4.3 4.9 14.8 4.8 8.4 7.1 20.3 4.7 5.9 6.2 16.8 7.6 6.1 7.4 21.1 Alternanthera sessilis 6.9 4.0 4.9 15.8 6.8 3.8 4.5 15.1 8.6 6.8 6.3 21.7 6.7 3.7 4.9 15.3 Solanum nigrum 4.1 1.9 3.8 9.9 8.4 3.7 3.5 15.6 8.6 3.9 4.1 16.6 7.6 6.1 6.0 19.7 Polygonum barbatum 4.6 2.0 3.3 9.9 6.8 3.2 3.8 13.8 8.2 5.0 4.7 18.0 8.1 5.3 5.9 19.3 Vicia hirsuta 7.4 3.3 3.8 14.5 4.8 2.1 3.4 10.3 6.6 3.7 4.4 14.8 7.6 4.4 5.1 17.1 Cyperus spp. 6.9 4.2 4.8 15.9 4.8 3.8 5.5 14.0 4.7 2.6 3.9 11.2 6.2 3.7 4.7 14.6 Melilotus indicus 5.5 3.3 4.1 12.9 4.0 2.5 4.6 11.1 5.8 2.7 3.7 12.3 4.3 2.4 3.0 9.8 Vicia sativa 4.6 2.1 3.5 10.3 8.0 4.3 4.4 16.7 3.5 1.5 3.6 8.7 2.9 1.1 2.3 6.2 Dicanthium annulatum 5.1 2.0 3.4 10.5 5.6 2.4 3.5 11.5 4.3 2.0 3.6 9.9 3.8 1.6 2.6 8.0 Lathyrus sp. 4.6 2.0 3.8 10.4 4.4 1.7 3.1 9.2 5.1 2.5 3.8 11.4 2.4 0.9 2.4 5.7 Cynodon dactylon 5.1 2.4 3.5 10.9 4.4 2.1 3.8 10.3 3.9 1.5 2.1 7.5 2.9 1.1 2.3 6.3 2015 Weed Science Society of Japan This article is being made freely available through PubMed Central as part of the COVID-19 public health emergency response. It can be used for unrestricted research re-use and analysis in any form or by any means with acknowledgement of the original source, for the duration of the public health emergency. Phalaris minor Retz. (littleseed canarygrass) is an annual exotic and the most noxious weed of wheat in a rice--wheat system over an area of ∼10 million ha in India. The plant height approaches ≤100 cm; at maturity, P. minor inflorescences can be taller than the dwarf wheat varieties. Chenopodium album (common lambsquarter) is a fast‐growing, broad‐leaved winter weed of the family Chenopodiaceae, reaching heights of ≤150 cm. Rumex dentatus L. is a small‐seeded, broad‐leaved weed of wheat, commonly known as "toothed dock" or "jungali palak", growing to a maximum length of ∼12 cm; however, after flowering, it produces a slender, erect stem ≤70--80 cm in height. Melilotus albus (sweet clover) is a dicot legume, reaching 10--50 cm in height. Anagallis arvensis is a dicot, annual or perennial plant, reaching ∼30 cm in height. Monitoring of the physiological and leaf traits {#wbm12073-sec-0004} ----------------------------------------------- Naturally occurring weed populations in the wheat plots were used for monitoring of the traits. Data on the physiological traits of wheat and its weeds were collected at the grain maturation stage of wheat (75 DAS). At the time of the experiment, R. dentatus, M. albus and A.arvensis were in the flowering stage; however, \>50% of the populations of P. minor and C. album had started fruiting. Therefore, for convenience, only those plants of P. minor and C. album that had started fruiting were used. Three individuals per species from each of the three plots were selected for the experiment. The uppermost, youngest, fully grown and apparently healthy leaf from each individual on sunny days between 08.00 hours and 11.00 hours local time was used for the experiment. The photosynthetic rate (A), stomatal conductance (g~s~) and transpiration rate (E) of the plants were measured with a gas exchange system (LI‐6400; LI‐COR, Lincoln, NE, USA). The rates were determined at, or near, light‐saturating conditions (mean photosynthetically active radiation: 1305.2 ± 64 μmol m^−2^ s^−1^). The flow rate was maintained at 500 μmol s^−1^. During the measurement, the air temperature was 29.3°C ± 0.6°C and the leaf temperature was 28°C. The vapor pressure deficit, based on the measured leaf temperature, varied by 2.3 ± 0.05 kPa. The relative humidity ranged from 35% to 38% and the CO~2~ concentration was 380 ± 5 μmol CO~2~ mol^−1^. The leaves were held in the chamber until the photosynthesis values became constant. The water use efficiency (WUE) was calculated as the ratio of A/E. The photosynthetic nitrogen‐use efficiency (PNUE) was calculated as the ratio of A to leaf N concentration per unit area. The harvested plants were separated into the roots, stems, leaves and inflorescences. The leaves were separated into green and senesced leaves and the leaf area measurements were made on the green leaves with a leaf area meter (211; Systronics, Dubai, United Arab Emirates). The plant parts then were oven‐dried to a constant weight at 70°C for 48 h. The specific leaf area (SLA) (the abbreviations are listed in Table [2](#wbm12073-tbl-0002){ref-type="table"}) was calculated as the area per unit mass, while the leaf area ratio (LAR) and leaf mass ratio (LMR) were calculated as the ratio of leaf area and total plant weight and leaf mass to total plant weight, respectively. ###### List of abbreviations Abbreviation Description -------------- ------------------------------------------------------------------------------------------------------------- A Light‐saturated rate of net photosynthesis per unit area E Transpiration rate g~s~ Stomatal conductance LAR Leaf area ratio: projected leaf area/whole‐plant dry mass LMR Leaf mass ratio: ratio of leaf mass to plant dry mass LNC~a~ Leaf nitrogen concentration (area basis); equivalent to LNCm/SLA LNC~m~ Leaf nitrogen concentration (mass basis), % LNP Leaf nitrogen productivity: rate of dry mass increase per unit leaf nitrogen NAR Net assimilation rate: instantaneous growth rate per unit projected area PAR Photosynthetically active radiation PNUE Photosynthetic nitrogen‐use efficiency: light‐saturated rate of net photosynthesis per mol of leaf nitrogen RGR Relative growth rate: increase in dry mass per unit mass per unit time SLA Specific leaf area: projected leaf area per unit dry mass WUE Water use efficiency 2015 Weed Science Society of Japan This article is being made freely available through PubMed Central as part of the COVID-19 public health emergency response. It can be used for unrestricted research re-use and analysis in any form or by any means with acknowledgement of the original source, for the duration of the public health emergency. The relative growth rate (RGR) and net assimilation rate (NAR) were determined by using the following expression (Evans [1972](#wbm12073-bib-0011){ref-type="ref"}; Hunt & Cornelissen [1997](#wbm12073-bib-0015){ref-type="ref"}):$$\text{RGR} = {\left( {\ln W_{2} - \ln W_{1}} \right)/\left( {T_{2} - T_{1}} \right)}$$ $$\begin{matrix} {\text{NAR} = {\left( {\ln\text{LA}_{2} - \ln\text{LA}_{1}} \right)/\left( {\text{LA}_{2} - \text{LA}_{1}} \right)}} \\ {\, \times \,{\left( {W_{2} - W_{1}} \right)/\left( {T_{2} - T_{1}} \right)}.} \\ \end{matrix}$$ Here, W~2~ is the total plant weight at time T~2~, W~1~ is the total plant weight at time T~1~, LA~2~ is the total leaf area at time T~2~ and LA~1~ is the total leaf area at time T~1~. For the present study, the T~1~ and T~2~ measurements were at 45 and 75 DAS, respectively. The plant height was measured from the base of the plant to the tip of the longest leaf. For this, five healthy plants were selected from each population (wheat + weeds) at the grain maturation stage of wheat (which corresponds to the flowering stage of R. dentatus, M. albus and A. arvensis and the fruiting stage of P. minor and C. album) for height measurement. In order to estimate the chlorophyll content, leaf samples were homogenized in 80% acetone and the absorbance was measured at 663 and 645, respectively. The chlorophyll concentration then was calculated following Arnon ([1949](#wbm12073-bib-0003){ref-type="ref"}). The total leaf N concentration mass basis (LNC~m~) was determined with a CHN analyzer (CE‐440; Exeter Analytical, Inc., Coventry, UK). The total N area basis (LNC~a~) was calculated as the ratio of LNC~m~ and SLA. The leaf N productivity (LNP) was calculated by using the following expression (Wright & Westoby [2000](#wbm12073-bib-0046){ref-type="ref"}):$$\text{LNP} = {\text{RGR}/\left( {\text{LNC}_{m} \times \text{LMR}} \right)}.$$ A statistical analysis was carried out with SPSS 17.0 for Windows (IBM SPSS Statistics, Chicago, IL, USA). An ANOVA was used to infer species differences in the observed ecophysiological parameters and a range test was used for the pairwise multiple comparisons (Holm--Sidak method). A discriminant analysis was used to group species based on their studied ecophysiological traits. A discriminant analysis was carried out with SPSS by entering the independents together and setting all group prior probabilities as equal. A within‐group covariance matrix was used. A univariate Anova\'s Box\'s M and unstandardized function coefficients were the requested output. A path analysis was done by using AMOS 16.0 software (Arbuckle [2007](#wbm12073-bib-0001){ref-type="ref"}), which implements the general approach to data analysis known as "structural equation modeling", also known as "analysis of covariance structures", or "causal modeling". Results {#wbm12073-sec-0005} ======= The respective mean heights of wheat, P. minor, C. album, R. dentatus, M. albus and A. arvensis were 105 ± 1, 100 ± 0.4, 109 ± 2.5, 68 ± 1, 41 ± 1.5 and 29 ± 1 cm at the grain maturation stage of wheat. The ANOVA showed significant differences in the plant height of various species (F ~5,24~ = 542.45, P ≤ 0.001). In the present study, the SLA values across the species varied from 17.79 to 24.54 m^2^ kg^−1^ (Table [3](#wbm12073-tbl-0003){ref-type="table"}). The differences in the mean values of SLA among the species were statistically significant (F ~5,48~ = 16.007, P ≤ 0.001). However, the pairwise multiple comparisons showed that, based on their SLA values, the species could be divided into two groups: M. albus, A. arvensis and R. dentatus in the high‐SLA group and wheat, P. minor and C. album in the low‐SLA group. The species with a higher SLA also had a higher LNC~m~ (Table [3](#wbm12073-tbl-0003){ref-type="table"}) and total chlorophyll content (Table [3](#wbm12073-tbl-0003){ref-type="table"}). ###### Comparative growth performance of wheat and its weeds in terms of specific leaf area (SLA), leaf area ratio (LAR), relative growth rate (RGR), net assimilation rate (NAR), leaf mass ratio (LMR) and physiological traits Characteristic Anagallis arvensis Chenopodium album Melilotus albus Phalaris minor Rumex dentatus Wheat ------------------------------ ---------------------- --------------------- ------------------- ------------------ ------------------ ---------------- SLA (m^2^ kg^−1^) 22.48 ± 0.65b 18.75 ± 0.69a 24.54 ± 0.97b 17.65 ± 0.16a 22.21 ± 1.00b 17.79 ± 0.52a LAR (m^2^ kg^−1^) 9.19 ± 0.96c 2.95 ± 0.41ab 8.59 ± 1.32c 6.95 ± 2.50bc 7.43 ± 3.17bc 1.11 ± 0.08a RGR (mg mg^--1^ per day) 0.068 ± 0.006a 0.10 ± 0.007a 0.081 ± 0.004a 0.069 ± 0.011a 0.090 ± 0.005a 0.076 ± 0.004a NAR (mg mm^--2^ per day) 0.003 ± 0.004a 0.012 ± 0.003b 0.005 ± 0.001a 0.005 ± 0.002a 0.003 ± 0.001a 0.014 ± 0.003c LMR (%) 0.27 ± 0.04b 0.14 ± 0.02ab 0.25 ± 0.03b 0.17 ± 0.04ab 0.14 ± 0.04ab 0.08 ± 0.03a LNC~m~ (%) 5.65 ± 0.05a 4.38 ± 0.02b 6.07 ± 0.02c 4.87 ± 0.05d 5.60 ± 0.01a 3.19 ± 0.01e LNC~a~ (g m^−2^) 2.52 ± 0.07c 2.34 ± 0.12b 2.47 ± 0.02bc 2.76 ± 0.03c 2.52 ± 0.08c 1.79 ± 0.04a Chlorophyll (mg g^−1^) 1.39 ± 0.02b 1.18 ± 0.06ab 1.81 ± 0.06c 1.07 ± 0.07a 1.41 ± 0.04b 1.18 ± 0.11ab A (μmol m^−2^ s^−1^) 13.13 ± 0.24d 7.67 ± 0.37b 14.88 ± 0.19e 5.78 ± 0.37a 10.75 ± 0.54c 5.47 ± 0.31a g~s~ (mol H~2~O m^−2^ s^−1^) 0.21 ± 0.01b 0.19 ± 0.04ab 0.38 ± 0.03c 0.10 ± 0.01a 0.54 ± 0.04c 0.11 ± 0.01ab E (mmol H~2~O m^−2^ s^−1^) 10.25 ± 0.38c 7.42 ± 1.03b 14.20 ± 0.89d 4.03 ± 0.19a 12.31 ± 0.77c 3.99 ± 0.30a WUE (μmol mol^−1^) 1.29 ± 0.03ab 1.20 ± 0.17ab 1.09 ± 0.09ab 1.43 ± 0.04b 0.90 ± 0.07a 1.4 ± 0.24c PNUE (μmol mol^−1^ s^−1^) 73.05 ± 0.68d 45.92 ± 4.03b 84.18 ± 1.45e 29.30 ± 2.10a 59.65 ± 4.73c 42.77 ± 3.26b Values are the mean ± one standard error. The values in rows with different letters are significantly different from each other (Tukey\'s Honestly Significant Difference test at P \< 0.05). A, photosynthetic rate; E, transpiration rate; g~s~, stomatal conductance; LNC, total nitrogen content; PNUE, photosynthetic nitrogen‐use efficiency; WUE, water use efficiency. 2015 Weed Science Society of Japan This article is being made freely available through PubMed Central as part of the COVID-19 public health emergency response. It can be used for unrestricted research re-use and analysis in any form or by any means with acknowledgement of the original source, for the duration of the public health emergency. The total chlorophyll content in the leaves of the species differed significantly (F ~5,48~ = 16.36, P \< 0.001). The pairwise multiple comparison indicated that the level of chlorophyll in wheat and the weeds was the same, except for M. albus, which had the highest value of chlorophyll among all the species under study. As a result of a positive relationship (R ^2^ = 0.72, P = 0.03) between the SLA and the LNC~m~, the leaf N content on an area basis became almost similar for the weeds. Although the crop (wheat) had a significantly lower LNC~a~ than the weeds, its LNP was many times higher than that of the weeds (Table [3](#wbm12073-tbl-0003){ref-type="table"}). In this study, the RGR of the different species did not vary significantly (Table [3](#wbm12073-tbl-0003){ref-type="table"}). However, the NAR was the most for wheat and the least for A. arvensis and R. dentatus, while the LAR was at its maximum for A. arvensis and its lowest for wheat (Table [3](#wbm12073-tbl-0003){ref-type="table"}). Significant variations in the LMR among the species was observed (F ~5,48~ = 4.73, P = 0.001). Wheat had significantly lower LMR values, compared to A. arvensis and M. albus, while all the other species under study had similar values (Table [3](#wbm12073-tbl-0003){ref-type="table"}). The ANOVA showed a statistically significant difference in A between the various species (F ~5,48~ = 123.08, P \< 0.001); however, the range test indicated that the values of A were the same for wheat and P. minor. The higher‐SLA group species also had higher rates of A (Table [3](#wbm12073-tbl-0003){ref-type="table"}). g~s~ varied significantly among the species (F ~5,48~ = 42.35, P \< 0.001): R. dentatus had the highest level of conductance, whereas P. minor and wheat had the lowest values. E varied significantly (F ~5,48~ = 40.37, P \< 0.001): the values were highest for M. albus and R. dentatus and lowest for wheat (Table [3](#wbm12073-tbl-0003){ref-type="table"}). The highest WUE values were observed for wheat and P. minor and the lowest for R. dentatus (F ~5,48~ = 3.79, P = 0.006). Figure [2](#wbm12073-fig-0002){ref-type="fig"} shows the result of the discriminant analysis that was used to group the species on the basis of the ecophysiological parameters that were measured in the present study. The analysis revealed two distinct groups: (i) A. arvensis, M. albus and R. dentatus, with a high SLA, leaf N and chlorophyll content; and (ii) C. album, P. minor and wheat, with a low SLA, leaf N and chlorophyll content. Photosynthetic rate (A) in the first group of species was significantly higher, compared to the second group. The proportion of variance represented by the first axis of the discriminant analysis was 0.96. A stepwise multiple regression identified photosynthesis as the most significant predictor of the first discriminant axis. Apart from the discriminators used for analysis, E, g~s~ and WUE were members of the second group of predictors, which correlated significantly with the canonical discriminant functions. The first discriminant axis was also significantly correlated with the LAR and LMR. There was a negative correlation between the scores of discriminant axis 1 and the NAR. The second axis was explained mainly by variations in the chlorophyll content, but the inclusion of the SLA and photosynthesis in the model significantly improved the relationship. ![Canonical discriminant functions of five weeds and wheat on the basis of their ecophysiological traits. Aa, Anagallis arvensis; Ca, Chenopodium album; Mi, Melilotus albus; Pm, Phalaris minor; Rd, Rumex dentatus; Ta, wheat.](WBM-15-102-g002){#wbm12073-fig-0002} Discussion {#wbm12073-sec-0006} ========== The results that were obtained in this study have led to a functional grouping of weeds of wheat fields based on the ecophysiological traits that determine their pattern of resource capture ability in space and time. Species within the same group were similar in terms of their morphology, as well as physiology, and adopted similar strategies for growth and reproduction. Taller weeds, such as C. album and P. minor, constituted one group along with the crop, having a low A, SLA, LNC~m~, chlorophyll, PNUE and LAR in comparison to the shorter weeds, such as A. arvensis, M. albus and R. dentatus, which formed another group with a high A, SLA, LNC~m~, chlorophyll, PNUE and LAR. This might be related to their shorter life span compared to taller weeds, which emerge with the crop (Om et al. [2004](#wbm12073-bib-0024){ref-type="ref"}; Singh [2012](#wbm12073-bib-0036){ref-type="ref"}) and continue till crop harvest. Although the shorter weeds emerge later in the season and complete their life cycle early, for their survival they have to face intense competition from the crop and taller weeds, particularly for light. Therefore, a high SLA, PNUE, LNC~m~ and other supporting traits ensure their survival. Besides this, these traits also provide the smaller weeds with a benefit during light competition. Although being tall is beneficial for light competition, it demands a cost for plants. According to Nagashima and Hikosaka ([2011](#wbm12073-bib-5004){ref-type="ref"}), as the plant\'s height increases, its need to invest biomass more than proportionately in the stem to support its own weight increases, which in turn reduces the fraction of leaf mass in the plant and thus C gain. However, a smaller plant increases its biomass allocation to the green parts and increases its SLA and other leaf traits, which results in increased light acquisition efficiency (intercepted photon flux per unit aboveground mass) (Kamiyama et al. [2010](#wbm12073-bib-0016){ref-type="ref"}). The direct and indirect effects of the SLA, LAR, LMR and leaf chlorophyll content on the photosynthesis of the two identified groups, as derived from a path analysis, are shown in Figure [3](#wbm12073-fig-0003){ref-type="fig"}. The study indicates that the SLA and LAR together were able to influence photosynthesis in the group 1 species (A. arvensis, M. albus and R. dentatus), which had a high SLA, leaf N and chlorophyll content. However, the LMR, by modulating the chlorophyll content, influenced the photosynthesis of the group 2 species (C. album, P. minor and wheat), which had a low SLA, leaf N and chlorophyll content. Any change in the SLA relates to actual changes in the leaf structure and chemical composition. A lower SLA could be associated with slower intercellular diffusion of CO~2~ (Parkhurst [1994](#wbm12073-bib-0026){ref-type="ref"}; Hikosaka et al. [1998](#wbm12073-bib-0013){ref-type="ref"}; Poorter & Evans [1998](#wbm12073-bib-0028){ref-type="ref"}) or with greater internal shading of chloroplasts by attenuating photons passing through the lamina (Terashima & Hikosaka [1995](#wbm12073-bib-0041){ref-type="ref"}), either of which could decrease the A of a leaf. The SLA is also associated with N allocation to photosynthesis (Poorter & Evans [1998](#wbm12073-bib-0028){ref-type="ref"}). The N allocation to carboxylation and bioenergetics increases with an increasing SLA (Hikosaka et al. [1998](#wbm12073-bib-0013){ref-type="ref"}; Onoda et al. [2004](#wbm12073-bib-0025){ref-type="ref"}). Hikosaka et al. ([1998](#wbm12073-bib-0013){ref-type="ref"}) also found that the SLA is positively correlated with the fraction of leaf N in ribulose‐1,5‐bisphosphate carboxylase (RuBisCO), a key enzyme of photosynthesis. This is because of the fact that ∼60% of the leaf soluble proteins consist of RuBisCO, which is often regarded as the most limiting factor for biomass production (Evans & Seemann [1989](#wbm12073-bib-5001){ref-type="ref"}; Takashima et al. [2004](#wbm12073-bib-0040){ref-type="ref"}). Other studies also demonstrate that increasing leaf N parallels increasing investment in photosynthetic compounds (thylakoid proteins, enzymes of the Calvin cycle (Onoda et al. [2004](#wbm12073-bib-0025){ref-type="ref"}; Takashima et al. [2004](#wbm12073-bib-0040){ref-type="ref"}; Harrison et al. [2009](#wbm12073-bib-5002){ref-type="ref"}; Hikosaka & Shigeno [2009](#wbm12073-bib-5003){ref-type="ref"}). ![Path analysis of five weeds and wheat on the basis of their ecophysiological traits. A, photosynthetic rate; LAR, leaf area ratio; LMR, leaf mass ratio; SLA, specific leaf area.](WBM-15-102-g003){#wbm12073-fig-0003} Interspecific variations in A were driven mainly by variability in the SLA, leaf N content and chlorophyll content (Hikosaka [2010](#wbm12073-bib-0012){ref-type="ref"}). Considering all the species, the SLA, chlorophyll and LNC~m~ were positively correlated with A (Fig. [4](#wbm12073-fig-0004){ref-type="fig"}). High‐SLA species might allocate a lower fraction of leaf N to cell walls, leaving more N for photosynthesis, as compared with low‐SLA species, and have a higher PNUE (Poorter & Evans [1998](#wbm12073-bib-0028){ref-type="ref"}). This is evident by the fact that the high‐SLA species in this study had a high PNUE (R ^2^ = 0.96, P = 0.002). Similarly to the present study, A has been positively correlated with LNC~m~ and SLA in many studies (Poorter et al. [1990](#wbm12073-bib-0031){ref-type="ref"}; Hikosaka [2010](#wbm12073-bib-0012){ref-type="ref"}). According to Reich et al. ([1999](#wbm12073-bib-0032){ref-type="ref"}), these patterns are common to all species because significant N per unit mass accumulation would be required in the leaves to achieve a high A. ![Relationship between the photosynthetic rate (A) as a dependent variable and (a) chlorophyll, (b) specific leaf area (SLA) and (c) leaf nitrogen concentration (LNC).](WBM-15-102-g004){#wbm12073-fig-0004} The variation in the LAR is largely determined by the variation in the SLA (Poorter & Remkes [1990](#wbm12073-bib-0030){ref-type="ref"}; Atkin et al. [1996](#wbm12073-bib-0004){ref-type="ref"}). In this study, the LAR and SLA were positively related (R ^2^ = 0.56, P = 0.08). According to Storkey ([2005](#wbm12073-bib-0038){ref-type="ref"}), at the lower light levels early in the season, species with a high SLA have a high RGR. As the light intensity increases, however, it becomes more advantageous to have a lower SLA to increase the capacity of individual leaves to absorb light. This will be more important for the taller species and there appears to be a general trade‐off between plant height later in the season and the SLA (Storkey [2005](#wbm12073-bib-0038){ref-type="ref"}). This also was observed in the study, as the taller weeds (C. album and P. minor) and the crop (wheat) had a low SLA later in the season. Plants with internodes, such as Chenopodium and many grasses, have been shown to display a very rapid (within minutes) increase in the rate of elongation growth of the stems after initiation of a simulated shade treatment (see references in Martínez‐García et al. [2010](#wbm12073-bib-0019){ref-type="ref"}). These alterations are accompanied by changes, including a reduced chlorophyll content, hyponastic leaves, increase in apical dominance (leading to reduced branching in dicots and tillering in grasses) and acceleration of flowering (Casal et al. [1990](#wbm12073-bib-0007){ref-type="ref"}; Kebrom & Brutnell [2007](#wbm12073-bib-0017){ref-type="ref"}). Also in this study, C. album, P. minor and wheat had a lower chlorophyll content, compared to A. arvensis, M. albus and R. dentatus. Species that are adapted to a shaded environment below the canopy are characterized by a high SLA late in the season. The shorter weeds (A. arvensis, M. albus and R. dentatus) in this study had a relatively high SLA. The plants with a high RGR tended to have a high NAR and LAR. However, in this study, the NAR and LAR were negatively correlated (Fig. [5](#wbm12073-fig-0005){ref-type="fig"}). The variation in the LAR was related mainly to the variation in the SLA and, to a lesser extent, to that of the LMR. This negative correlation between the LAR and the NAR might be related to the negative correlation between the NAR and the SLA (Villar et al. [1998](#wbm12073-bib-5005){ref-type="ref"}). An inverse relationship between the LAR and the NAR also was reported by Poorter and Remkes ([1990](#wbm12073-bib-0030){ref-type="ref"}) and Meziane and Shipley ([1999](#wbm12073-bib-0020){ref-type="ref"}). ![Relationship between the net assimilation rate (NAR) and the leaf area ratio (LAR).](WBM-15-102-g005){#wbm12073-fig-0005} Funding support from the Ministry of Environment and Forests, Government of India, New Delhi, is acknowledged.
import * as assert from "assert" import * as Oni from "oni-api" import { getAllTabs, getElementsBySelector, getTabCloseButtonByIndex } from "./Common" export const test = async (oni: Oni.Plugin.Api) => { const getTabsCount = () => getAllTabs().length const waitForTabCount = count => oni.automation.waitFor(() => getTabsCount() === count) const openTab = () => { const initialTabCount = getTabsCount() oni.automation.sendKeys(":tabnew") oni.automation.sendKeys("<cr>") return waitForTabCount(initialTabCount + 1) } const closeLastTabWithMouse = () => { const tabs = getAllTabs() const closeButton = getTabCloseButtonByIndex(tabs.length - 1) closeButton.click() return waitForTabCount(tabs.length - 1) } await oni.automation.waitForEditors() // 1. Create two tabs, then close the last on await openTab() await openTab() await closeLastTabWithMouse() // 3. Open another tab await openTab() // 4.1 Attempt to close it await closeLastTabWithMouse() } // Bring in custom config. export const settings = { config: { "tabs.mode": "tabs", }, }
// Copyright 2017 Yahoo Holdings. Licensed under the terms of the Apache 2.0 license. See LICENSE in the project root. package com.yahoo.container.jdisc; import java.io.IOException; import java.io.OutputStream; /** * Placeholder response when no content, only headers and status is to be * returned. * * @author Steinar Knutsen */ public class EmptyResponse extends HttpResponse { public EmptyResponse(int status) { super(status); } public void render(OutputStream outputStream) throws IOException { // NOP } }
Theo Lubke About him New Jersey SEEDS announced the election of Theo Lubke, managing director at Goldman Sachs, as chair of its board of trustees. Lubke joined the New Jersey SEEDS Board of Trustees in 2013 and was previously appointed vice chair in 2015. Lubke joined Goldman Sachs as a managing director in 2010. Prior to his engagement with the firm, he worked for 15 years at the Federal Reserve Bank of New York. Before joining the New York Fed in 1995, Lubke was a staff member of the National Economic Council at the White House. Earlier, he was an investment banking analyst at Lehman Brothers. Lubke earned his bachelor’s degree in history and literature from Harvard College and a master’s degree in public policy from the Harvard Kennedy School. About the company New Jersey SEEDS provides educational access for highly motivated, low-income students and creates a viable path for them to achieve their full potential. To date, nearly 2,500 scholars have graduated from its programs.
15 U.S. Code § 644 - Awards or contracts To effectuate the purposes of this chapter, small-business concerns within the meaning of this chapter shall receive any award or contract or any part thereof, and be awarded any contract for the sale of Government property, as to which it is determined by the Administration and the contracting procurement or disposal agency (1) to be in the interest of maintaining or mobilizing the Nation’s full productive capacity, (2) to be in the interest of war or national defense programs, (3) to be in the interest of assuring that a fair proportion of the total purchases and contracts for property and services for the Government in each industry category are placed with small-business concerns, or (4) to be in the interest of assuring that a fair proportion of the total sales of Government property be made to small-business concerns; but nothing contained in this chapter shall be construed to change any preferences or priorities established by law with respect to the sale of electrical power or other property by the Government or any agency thereof. These determinations may be made for individual awards or contracts or for classes of awards or contracts. If a proposed procurement includes in its statement of work goods or services currently being performed by a small business, and if the proposed procurement is in a quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely, or if a proposed procurement for construction seeks to package or consolidate discrete construction projects, or the solicitation involves an unnecessary or unjustified bundling of contract requirements, as determined by the Administration, the Procurement Activity shall provide a copy of the proposed procurement to the Procurement Activity’s Small Business Procurement Center Representative at least 30 days prior to the solicitation’s issuance along with a statement explaining (1) why the proposed acquisition cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement, (2) why delivery schedules cannot be established on a realistic basis that will encourage small business participation to the extent consistent with the actual requirements of the Government, (3) why the proposed acquisition cannot be offered so as to make small business participation likely, (5) why the agency has determined that the bundled contract (as defined in section 632(o) of this title) is necessary and justified. The thirty-day notification process shall occur concurrently with other processing steps required prior to issuance of the solicitation. Within 15 days after receipt of the proposed procurement and accompanying statement, if the Procurement Center Representative believes that the procurement as proposed will render small business prime contract participation unlikely, the Representative shall recommend to the Procurement Activity alternative procurement methods which would increase small business prime contracting opportunities. Whenever the Administration and the contracting procurement agency fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. For purposes of clause (3) of the first sentence of this subsection, an industry category is a discrete group of similar goods and services. Such groups shall be determined by the Administration in accordance with the definition of a “United States industry” under the North American Industry Classification System, as established by the Office of Management and Budget, except that the Administration shall limit such an industry category to a greater extent than provided under such classification codes if the Administration receives evidence indicating that further segmentation for purposes of this paragraph is warranted due to special capital equipment needs or special labor or geographic requirements or to recognize a new industry. A market for goods or services may not be segmented under the preceding sentence due to geographic requirements unless the Government typically designates the area where work for contracts for such goods or services is to be performed and Government purchases comprise the major portion of the entire domestic market for such goods or services and, due to the fixed location of facilities, high mobilization costs, or similar economic factors, it is unreasonable to expect competition from business concerns located outside of the general areas where such concerns are located. A contract may not be awarded under this subsection if the award of the contract would result in a cost to the awarding agency which exceeds a fair market price. (b) Placement of contracts by contracting procurement agency With respect to any work to be performed the amount of which would exceed the maximum amount of any contract for which a surety may be guaranteed against loss under section 694b of this title, the contracting procurement agency shall, to the extent practicable, place contracts so as to allow more than one small business concern to perform such work. (c) Programs for blind and handicapped individuals (1)As used in this subsection: (A)The term “Committee” means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41. (B)The term “public or private organization for the handicapped” has the same meaning given such term in section 632(e) of this title. (C)The term “handicapped individual” has the same meaning given such term in section 632(f) of this title. (2) (A)During fiscal year 1995, public or private organizations for the handicapped shall be eligible to participate in programs authorized under this section in an aggregate amount not to exceed $40,000,000. (B)None of the amounts authorized for participation by subparagraph (A) may be placed on the procurement list maintained by the Committee pursuant to section 8503 of title 41. (3)The Administrator shall monitor and evaluate such participation. (4) (A)Not later than ten days after the announcement of a proposed award of a contract by an agency or department to a public or private organization for the handicapped, a for-profit small business concern that has experienced or is likely to experience severe economic injury as the result of the proposed award may file an appeal of the proposed award with the Administrator. (B)If such a concern files an appeal of a proposed award under subparagraph (A) and the Administrator, after consultation with the Executive Director of the Committee, finds that the concern has experienced or is likely to experience severe economic injury as the result of the proposed award, not later than thirty days after the filing of the appeal, the Administration shall require each agency and department having procurement powers to take such action as may be appropriate to alleviate economic injury sustained or likely to be sustained by the concern. (5)Each agency and department having procurement powers shall report to the Office of Federal Procurement Policy each time a contract subject to paragraph (2)(A) is entered into, and shall include in its report the amount of the next higher bid submitted by a for-profit small business concern. The Office of Federal Procurement Policy shall collect data reported under the preceding sentence through the Federal procurement data system and shall report to the Administration which shall notify all such agencies and departments when the maximum amount of awards authorized under paragraph (2)(A) has been made during any fiscal year. (6)For the purpose of this subsection, a contract may be awarded only if at least 75 per centum of the direct labor performed on each item being produced under the contract in the sheltered workshop or performed in providing each type of service under the contract by the sheltered workshop is performed by handicapped individuals. (7)Agencies awarding one or more contracts to such an organization pursuant to the provisions of this subsection may use multiyear contracts, if appropriate. (d) Priority For purposes of this section priority shall be given to the awarding of contracts and the placement of subcontracts to small business concerns which shall perform a substantial proportion of the production on those contracts and subcontracts within areas of concentrated unemployment or underemployment or within labor surplus areas. Notwithstanding any other provision of law, total labor surplus area set-asides pursuant to Defense Manpower Policy Number 4 (32A C.F.R. Chapter 1) or any successor policy shall be authorized if the Secretary or his designee specifically determines that there is a reasonable expectation that offers will be obtained from a sufficient number of eligible concerns so that awards will be made at reasonable prices. As soon as practicable and to the extent possible, in determining labor surplus areas, consideration shall be given to those persons who would be available for employment were suitable employment available. Until such definition reflects such number, the present criteria of such policy shall govern. (e) Procurement strategies; contract bundling (1) In general To the maximum extent practicable, procurement strategies used by a Federal department or agency having contracting authority shall facilitate the maximum participation of small business concerns as prime contractors, subcontractors, and suppliers, and each such Federal department or agency shall— (A)provide opportunities for the participation of small business concerns during acquisition planning processes and in acquisition plans; and (B)invite the participation of the appropriate Director of Small and Disadvantaged Business Utilization in acquisition planning processes and provide that Director access to acquisition plans. (2) Market research (A) In general Before proceeding with an acquisition strategy that could lead to a contract containing consolidated procurement requirements, the head of an agency shall conduct market research to determine whether consolidation of the requirements is necessary and justified. (B) Factors For purposes of subparagraph (A), consolidation of the requirements may be determined as being necessary and justified if, as compared to the benefits that would be derived from contracting to meet those requirements if not consolidated, the Federal Government would derive from the consolidation measurably substantial benefits, including any combination of benefits that, in combination, are measurably substantial. Benefits described in the preceding sentence may include the following: (i)Cost savings. (ii)Quality improvements. (iii)Reduction in acquisition cycle times. (iv)Better terms and conditions. (v)Any other benefits. (C) Reduction of costs not determinative The reduction of administrative or personnel costs alone shall not be a justification for bundling of contract requirements unless the cost savings are expected to be substantial in relation to the dollar value of the procurement requirements to be consolidated. (3) Strategy specifications If the head of a contracting agency determines that a proposed procurement strategy for a procurement involves a substantial bundling of contract requirements, the proposed procurement strategy shall— (A)identify specifically the benefits anticipated to be derived from the bundling of contract requirements; (B)set forth an assessment of the specific impediments to participation by small business concerns as prime contractors that result from the bundling of contract requirements and specify actions designed to maximize small business participation as subcontractors (including suppliers) at various tiers under the contract or contracts that are awarded to meet the requirements; and (C)include a specific determination that the anticipated benefits of the proposed bundled contract justify its use. (4) Contract teaming In the case of a solicitation of offers for a bundled contract that is issued by the head of an agency, a small-business concern may submit an offer that provides for use of a particular team of subcontractors for the performance of the contract. The head of the agency shall evaluate the offer in the same manner as other offers, with due consideration to the capabilities of all of the proposed subcontractors. If a small business concern teams under this paragraph, it shall not affect its status as a small business concern for any other purpose. (g) Goals for participation of small business concerns in procurement contracts (1) Governmentwide goals.— (A) Establishment.— The President shall annually establish Governmentwide goals for procurement contracts awarded to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in accordance with the following: (i)The Governmentwide goal for participation by small business concerns shall be established at not less than 23 percent of the total value of all prime contract awards for each fiscal year. (ii)The Governmentwide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. (iii)The Governmentwide goal for participation by qualified HUBZone small business concerns shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year. (iv)The Governmentwide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. (v)The Governmentwide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year. (B) Achievement of governmentwide goals.— Each agency shall have an annual goal that presents, for that agency, the maximum practicable opportunity for small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women to participate in the performance of contracts let by such agency. The Small Business Administration and the Administrator for Federal Procurement Policy shall, when exercising their authority pursuant to paragraph (2), insure that the cumulative annual prime contract goals for all agencies meet or exceed the annual Governmentwide prime contract goal established by the President pursuant to this paragraph. (2) (A)The head of each Federal agency shall, after consultation with the Administration, establish goals for the participation by small business concerns, by small business concerns owned and controlled by service-disabled veterans, by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women in procurement contracts of such agency. Such goals shall separately address prime contract awards and subcontract awards for each category of small business covered. (B)Goals established under this subsection shall be jointly established by the Administration and the head of each Federal agency and shall realistically reflect the potential of small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women to perform such contracts and to perform subcontracts under such contracts. (C)Whenever the Administration and the head of any Federal agency fail to agree on established goals, the disagreement shall be submitted to the Administrator for Federal Procurement Policy for final determination. (D)After establishing goals under this paragraph for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals at both the prime contract and the subcontract level, which shall apportion responsibilities among the agency’s acquisition executives and officials. In establishing goals under this paragraph, the head of each Federal agency shall make a consistent effort to annually expand participation by small business concerns from each industry category in procurement contracts and subcontracts of such agency, including participation by small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. (E)The head of each Federal agency, in attempting to attain expanded participation under subparagraph (D), shall consider— (i)contracts awarded as the result of unrestricted competition; and (ii)contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 637(a) of this title. (F) (i)Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving goals established under subparagraph (A). (ii)A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority. (3)First tier subcontracts that are awarded by Management and Operating contractors sponsored by the Department of Energy to small business concerns, small businesses concerns owned and controlled by service disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, shall be considered toward the annually established agency and Government-wide goals for procurement contracts awarded. (h) Reporting on goals for procurement contracts awarded to small business concerns (1) Agency reports At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing— (A)the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year; (B)whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year; (C)any justifications for a failure to achieve such goals; and (D)a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals. (2) Reports by Administrator Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress, and to make available on a public Web site, a report that includes— (A)a copy of each report submitted to the Administrator under paragraph (1); (B)a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved; (C)a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved; (D)the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator’s comments and recommendations on the proposed remediation plan; and (E)for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to— (i)small business concerns— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; and (IV)through unrestricted competition; (ii)small business concerns owned and controlled by service-disabled veterans— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to small business concerns owned and controlled by service-disabled veterans; and (V)through unrestricted competition; (iii)qualified HUBZone small business concerns— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to qualified HUBZone small business concerns; (V)through unrestricted competition where a price evaluation preference was used; and (VI)through unrestricted competition where a price evaluation preference was not used; (iv)small business concerns owned and controlled by socially and economically disadvantaged individuals— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; (V)through unrestricted competition; and (VI)by reason of that concern’s certification as a small business owned and controlled by socially and economically disadvantaged individuals; (v)small business concerns owned by an Indian tribe (as such term is defined in section 637(a)(13) of this title) other than an Alaska Native Corporation— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (V)through unrestricted competition; (vi)small business concerns owned by a Native Hawaiian Organization— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (V)through unrestricted competition; (vii)small business concerns owned by an Alaska Native Corporation— (I)in the aggregate; (II)through sole source contracts; (III)through competitions restricted to small business concerns; (IV)through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals; and (V)through unrestricted competition; and (viii)small business concerns owned and controlled by women— (I)in the aggregate; (II)through competitions restricted to small business concerns; (III)through competitions restricted using the authority under section 637(m)(2) of this title; (IV)through competitions restricted using the authority under section 637(m)(2) of this title and in which the waiver authority under section 637(m)(3) of this title was used; and (V)through unrestricted competition; and (F)for the Federal Government, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282), or otherwise available as provided in paragraph (3). (3) Access to data (A) Federal Procurement Data System To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system. (B) Agency procurement data sources To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data. (i) Small business set-asides Nothing in this chapter or any other provision of law precludes exclusive small business set-asides for procurements of architectural and engineering services, research, development, test and evaluation, and each Federal agency is authorized to develop such set-asides to further the interests of small business in those areas. (j) Small business reservation (1)Each contract for the purchase of goods and services that has an anticipated value greater than $2,500 but not greater than $100,000 shall be reserved exclusively for small business concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and are competitive with regard to the quality and delivery of the goods or services being purchased. (2)In carrying out paragraph (1), a contracting officer shall consider a responsive offer timely received from an eligible small business offeror. (3)Nothing in paragraph (1) shall be construed as precluding an award of a contract with a value not greater than $100,000 under the authority of subsection (a) ofsection 637 of this title, section 2323 oftitle 10, section 712[1] of the Business Opportunity Development Reform Act of 1988 (Public Law 100–656; 15 U.S.C. 644 note), or section 7102 of the Federal Acquisition Streamlining Act of 1994. (k) Office of Small and Disadvantaged Business Utilization; Director There is hereby established in each Federal agency having procurement powers an office to be known as the “Office of Small and Disadvantaged Business Utilization”. The management of each such office shall be vested in an officer or employee of such agency, with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisition program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal contracting officer; small business technical advisor; contracts administrator for Federal Government contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Federal Government contracts for a small business; or individual whose primary responsibilities were for the functions and duties of section 637, 644 or 657q of this title. Such officer or employee— (1)shall be known as the “Director of Small and Disadvantaged Business Utilization” for such agency; (2)shall be appointed by the head of such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 657q(a) of this title) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of title 5 (including comparability payments under section 5304 of title 5); (3)shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head of such agency or to the deputy of such head, except that the Director for the Office of the Secretary of Defense shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary or the Secretary’s designee; (4)shall be responsible for the implementation and execution of the functions and duties under this section and section 637 of this title which relate to such agency; (5)shall identify proposed solicitations that involve significant bundling of contract requirements, and work with the agency acquisition officials and the Administration to revise the procurement strategies for such proposed solicitations where appropriate to increase the probability of participation by small businesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers, if a solicitation for a bundled contract is to be issued; (6)shall assist small business concerns to obtain payments, required late payment interest penalties, or information regarding payments due to such concerns from an executive agency or a contractor, in conformity with chapter 39 of title 31 or any other protection for contractors or subcontractors (including suppliers) that is included in the Federal Acquisition Regulation or any individual agency supplement to such Government-wide regulation, [2] (7)shall have supervisory authority over personnel of such agency to the extent that the functions and duties of such personnel relate to functions and duties under this section and section 637 of this title; (8)shall assign a small business technical adviser to each office to which the Administration has assigned a procurement center representative— (A)who shall be a full-time employee of the procuring activity and shall be well qualified, technically trained and familiar with the supplies or services purchased at the activity; and (B)whose principal duty shall be to assist the Administration procurement center representative in his duties and functions relating to this section and section 637 of this title,[2] (9)shall cooperate, and consult on a regular basis, with the Administration with respect to carrying out the functions and duties described in paragraph (4) of this subsection; (10)shall make recommendations to contracting officers as to whether a particular contract requirement should be awarded pursuant to subsection (a),section 637(a) of this title, or section 2323 of title 10, which shall be made with due regard to the requirements of subsection (m) of this section, and the failure of the contracting officer to accept any such recommendations shall be documented and included within the appropriate contract file; (11)shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee; (12)shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 657q of this title; (13)may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection; (14)shall receive unsolicited proposals and, when appropriate, forward such proposals to personnel of the activity responsible for reviewing such proposals; (15)shall carry out exclusively the duties enumerated in this chapter, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection; and (16)shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing— (A)the training provided by the Director under paragraph (13) in the most recently completed fiscal year; (B)the percentage of the budget of the Director used for such training in the most recently completed fiscal year; and (C)the percentage of the budget of the Director used for travel in the most recently completed fiscal year. This subsection shall not apply to the Administration. (l) Procurement center representatives (1) Assignment and role.— The Administrator shall assign to each major procurement center a procurement center representative with such assistance as may be appropriate. (A)attend any provisioning conference or similar evaluation session during which determinations are made as to whether requirements are to be procured through other than full and open competition and make recommendations with respect to such requirements to the members of such conference or session; (B)review, at any time, barriers to small business participation in Federal contracting previously imposed on goods and services through acquisition method coding or similar procedures, and recommend to personnel of the appropriate activity the prompt reevaluation of such barriers; (C)review barriers to small business participation in Federal contracting arising out of restrictions on the rights of the United States in technical data, and, when appropriate, recommend that personnel of the appropriate activity initiate a review of the validity of such an asserted restriction; (D)review any bundled or consolidated solicitation or contract in accordance with this chapter; (E)have access to procurement records and other data of the procurement center commensurate with the level of such representative’s approved security clearance classification, with such data provided upon request in electronic format, when available; (F)receive unsolicited proposals from small business concerns and transmit such proposals to personnel of the activity responsible for reviewing such proposals, who shall furnish the procurement center representative with information regarding the disposition of any such proposal; (G)consult with the Director the Office of Small and Disadvantaged Business Utilization of that agency and the agency personnel described in paragraph [3] (7) and (8) of subsection (k) with regard to agency insourcing decisions covered by subsection (k)(11); (H)be an advocate for the maximum practicable utilization of small business concerns in Federal contracting, including by advocating against the consolidation or bundling of contract requirements when not justified; and (I)carry out any other responsibility assigned by the Administrator. (3) Appeals.— A procurement center representative is authorized to appeal the failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be filed and processed in the same manner and subject to the same conditions and limitations as an appeal filed by the Administrator pursuant to subsection (a) of this section. (4)The Administration shall assign and co-locate at least two small business technical advisers to each major procurement center in addition to such other advisers as may be authorized from time to time. The sole duties of such advisers shall be to assist the procurement center representative for the center to which such advisers are assigned in carrying out the functions described in paragraph (2) and the representatives referred to in subsection (k)(6) of this section. (5)Position requirements (A) In general.— A procurement center representative assigned under this subsection shall— (i)be a full-time employee of the Administration; (ii)be fully qualified, technically trained, and familiar with the goods and services procured by the major procurement center to which that representative is assigned; and (iii)have a Level III Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that any person serving in such a position on January 2, 2013, may continue to serve in that position for a period of 5 years without the required certification. (B) Compensation.— The Administrator shall establish personnel positions for procurement center representatives assigned under this subsection, which are classified at a grade level of the General Schedule sufficient to attract and retain highly qualified personnel. (6) Major procurement center defined.— For purposes of this subsection, the term “major procurement center” means a procurement center that, in the opinion of the Administrator, purchases substantial dollar amounts of goods or services, including goods or services that are commercially available. (7)Training (A) Authorization.— At such times as the Administrator deems appropriate, the breakout procurement center representative [4] shall conduct familiarization sessions for contracting officers and other appropriate personnel of the procurement center to which such representative is assigned. Such sessions shall acquaint the participants with the provisions of this subsection and shall instruct them in methods designed to further the purposes of such subsection. (B) Limitation.— A procurement center representative may provide training under subparagraph (A) only to the extent that the training does not interfere with the representative carrying out other activities under this subsection. (8) Annual briefing and report.— A procurement center representative shall prepare and personally deliver an annual briefing and report to the head of the procurement center to which such representative is assigned. Such briefing and report shall detail the past and planned activities of the representative and shall contain such recommendations for improvement in the operation of the center as may be appropriate. The head of such center shall personally receive such briefing and report and shall, within 60 calendar days after receipt, respond, in writing, to each recommendation made by such representative. (m) Relationship to other procurement programs (1)Each agency subject to the requirements of section 2323 of title 10 shall, when implementing such requirements— (A)establish policies and procedures that insure that there will be no reduction in the number of [5] dollar value of contracts awarded pursuant to this section and section 637(a) of this title in order to achieve any goal or other program objective; and (B)assure that such requirements will not alter or change the procurement process used to implement this section or section 637(a) of this title. (2)All procurement center representatives (including those referred to in subsection (k)(6) of this section), in addition to such other duties as may be assigned by the Administrator, shall— (A)monitor the performance of the procurement activities to which they are assigned to ascertain the degree of compliance with the requirements of paragraph (1); (B)report to their immediate supervisors all instances of noncompliance with such requirements; and (C)increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section, section 637(a) of this title, and section 2323 of title 10. (n) Determination of labor surplus areas For purposes of this section, the determination of labor surplus areas shall be made on the basis of the criteria in effect at the time of the determination, except that any minimum population criteria shall not exceed twenty-five thousand. Such determination, as modified by the preceding sentence, shall be made by the Secretary of Labor. (o) Limitations on subcontracting A concern may not be awarded a contract under subsection (a) as a small business concern unless the concern agrees to satisfy the requirements of section 657s of this title. (p) Access to data (1) Bundled contract defined In this subsection, the term “bundled contract” has the meaning given such term in section 632(o)(1) of this title. (2) Database (A) 6 In general Not later than 180 days after December 21, 2000, the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding— (i)each bundled contract awarded by a Federal agency; and (ii)each small business concern that has been displaced as a prime contractor as a result of the award of such a contract. (3) Analysis For each bundled contract that is to be recompeted as a bundled contract, the Administrator shall determine— (A)the amount of savings and benefits (in accordance with subsection (e) of this section) achieved under the bundling of contract requirements; and (B)whether such savings and benefits will continue to be realized if the contract remains bundled, and whether such savings and benefits would be greater if the procurement requirements were divided into separate solicitations suitable for award to small business concerns. (4) Annual report on contract bundling (A) In general Not later than 1 year after December 21, 2000, and annually in March thereafter, the Administration shall transmit a report on contract bundling to the Committees on Small Business of the House of Representatives and the Senate. (B) Contents Each report transmitted under subparagraph (A) shall include— (i)data on the number, arranged by industrial classification, of small business concerns displaced as prime contractors as a result of the award of bundled contracts by Federal agencies; and (ii)a description of the activities with respect to previously bundled contracts of each Federal agency during the preceding year, including— (I)data on the number and total dollar amount of all contract requirements that were bundled; and (II)with respect to each bundled contract, data or information on— (aa)the justification for the bundling of contract requirements; (bb)the cost savings realized by bundling the contract requirements over the life of the contract; (cc)the extent to which maintaining the bundled status of contract requirements is projected to result in continued cost savings; (dd)the extent to which the bundling of contract requirements complied with the contracting agency’s small business subcontracting plan, including the total dollar value awarded to small business concerns as subcontractors and the total dollar value previously awarded to small business concerns as prime contractors; and (ee)the impact of the bundling of contract requirements on small business concerns unable to compete as prime contractors for the consolidated requirements and on the industries of such small business concerns, including a description of any changes to the proportion of any such industry that is composed of small business concerns. (5) Access to data (A) Federal procurement data system To assist in the implementation of this section, the Administration shall have access to information collected through the Federal Procurement Data System. (B) Agency procurement data sources To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administration, procurement information collected through existing agency data collection sources. (q) Reports related to procurement center representatives (1) Teaming requirements Each Federal agency shall include in each solicitation for any multiple award contract above the substantial bundling threshold of the Federal agency a provision soliciting bids from any responsible source, including responsible small business concerns and teams or joint ventures of small business concerns. (2) Policies on reduction of contract bundling (A) In general Not later than 1 year after September 27, 2010, the Federal Acquisition Regulatory Council established under section 1302(a) of title 41 shall amend the Federal Acquisition Regulation issued under section 1303(a) of title 41 to— (i)establish a Government-wide policy regarding contract bundling, including regarding the solicitation of teaming and joint ventures under paragraph (1); and (ii)require that the policy established under clause (i) be published on the website of each Federal agency. (B) Rationale for contract bundling Not later than 30 days after the date on which the head of a Federal agency submits data certifications to the Administrator for Federal Procurement Policy, the head of the Federal agency shall publish on the website of the Federal agency a list and rationale for any bundled contract for which the Federal agency solicited bids or that was awarded by the Federal agency. (3) Reporting Not later than 90 days after September 27, 2010, and every 3 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding procurement center representatives and commercial market representatives, which shall— (A)identify each area for which the Administration has assigned a procurement center representative or a commercial market representative; (B)explain why the Administration selected the areas identified under subparagraph (A); and (C)describe the activities performed by procurement center representatives and commercial market representatives. (r) Multiple award contracts Not later than 1 year after September 27, 2010, the Administrator for Federal Procurement Policy and the Administrator, in consultation with the Administrator of General Services, shall, by regulation, establish guidance under which Federal agencies may, at their discretion— (1)set aside part or parts of a multiple award contract for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2); (2)notwithstanding the fair opportunity requirements under section 2304c(b) of title 10 and section 4106(c) of title 41, set aside orders placed against multiple award contracts for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2); and (3)reserve 1 or more contract awards for small business concerns under full and open multiple award procurements, including the subcategories of small business concerns identified in subsection (g)(2). The Federal Funding Accountability and Transparency Act of 2006, referred to in subsec. (h)(2)(F), is Pub. L. 109–282, Sept. 26, 2006, 120 Stat. 1186, which is set out as a note under section 6101 of Title 31, Money and Finance. Section 7102 of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (j)(3), is section 7102 ofPub. L. 103–355, which is set out below. Codification In subsec. (c)(1)(A), “section 8502 of title 41” substituted for “the first section of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (41 U.S.C. 46)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(2)(B), “section 8503 of title 41” substituted for “section 2 of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (41 U.S.C. 47)” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (q)(2)(A), “section 1302(a) of title 41” substituted for “section 25(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 4219(a))” and “section 1303(a) of title 41” substituted for “section 25 of such Act” on authority of Pub. L. 111–350, § 6(c),Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Prior similar provisions were contained in section 214 of act July 30, 1953, ch. 282, title II, 67 Stat. 238, as amended by act Aug. 9, 1955, ch. 628, § 9,69 Stat. 551, which was previously classified to section 643 of this title. The provisions of section 215 of act July 30, 1953, formerly classified to this section, were transferred to section 2[10] of Pub. L. 85–536, and are classified to section 639 of this title. See Codification note set out under section 631 of this title. 2013—Subsec. (e)(1). Pub. L. 112–239, § 1623, substituted “a Federal department or agency” for “the various agencies” and “, and each such Federal department or agency shall—” and subpars. (A) and (B) for period at end. Subsec. (g)(2)(D). Pub. L. 112–239, § 1631(b)(2), substituted “After establishing goals under this paragraph for a fiscal year, the head of each Federal agency shall develop a plan for achieving such goals at both the prime contract and the subcontract level, which shall apportion responsibilities among the agency’s acquisition executives and officials. In establishing goals under this paragraph, the head of each Federal agency shall make a consistent effort to annually expand participation by small business concerns from each industry category in procurement contracts and subcontracts of such agency, including participation by small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.” for “For the purpose of establishing goals under this subsection, the head of each Federal agency shall make consistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency, including participation by small business concerns owned and controlled by service-disabled veterans, by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women.” “(E) The head of each Federal agency, in attempting to attain the participation described in subparagraph (D), shall consider— “(i) contracts awarded as the result of unrestricted competition; and “(ii) contracts awarded after competition restricted to eligible small business concerns under this section and under the program established under section 637(a) of this title. “(F)(i) Each procurement employee or program manager described in clause (ii) shall communicate to the subordinates of the procurement employee or program manager the importance of achieving small business goals. “(ii) A procurement employee or program manager described in this clause is a senior procurement executive, senior program manager, or Director of Small and Disadvantaged Business Utilization of a Federal agency having contracting authority.” Subsec. (h). Pub. L. 112–239, § 1632, amended subsec. (h) generally. Prior to amendment, subsec. (h) related to annual Federal agency reports to Small Business Administration and inclusion of Administration information in President’s annual state of small business report to Congress. Subsec. (k). Pub. L. 112–239, § 1691(d), substituted “, with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisition program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal contracting officer; small business technical advisor; contracts administrator for Federal Government contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Federal Government contracts for a small business; or individual whose primary responsibilities were for the functions and duties of section 637, 644 or 657q of this title. Such officer or employee” for “who shall” in introductory provisions. Pub. L. 112–239, § 1691(a), substituted “such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 657q(a) of this title) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of such title (including comparability payments under section 5304 of such title);” for “such agency,”. Pub. L. 112–239, § 1691(b), substituted “shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head” for “be responsible only to, and report directly to, the head” and “be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary” for “be responsible only to, and report directly to, such Secretary”. Subsec. (k)(10). Pub. L. 112–239, § 1691(e)(10), substituted “shall make recommendations” for “make recommendations”, “subsection (a),section 637(a) of this title, or section 2323 of title 10, which shall” for “subsection (a) of this section, or section 637(a) of this title or section 2323 of title 10. Such recommendations shall”, and “contract file;” for “contract file.” Subsec. (l)(1). Pub. L. 112–239, § 1621(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Administration shall assign to each major procurement center a breakout procurement center representative with such assistance as may be appropriate. The breakout procurement center representative shall carry out the activities described in paragraph (2), and shall be an advocate for the breakout of items for procurement through full and open competition, whenever appropriate, while maintaining the integrity of the system in which such items are used, and an advocate for the use of full and open competition, whenever appropriate, for the procurement of supplies and services by such center. Any breakout procurement center representative assigned under this subsection shall be in addition to the representative referred to in subsection (k)(6) of this section.” Subsec. (l)(2). Pub. L. 112–239, § 1621(c)(1), inserted heading and substituted “A” for “In addition to carrying out the responsibilities assigned by the Administration, a breakout” in introductory provisions. Subsec. (l)(2)(B). Pub. L. 112–239, § 1621(c)(2), substituted “review, at any time, barriers to small business participation in Federal contracting” for “review, at any time, restrictions on competition”, “goods and services” for “items” and “barriers” for “limitations”. Subsec. (l)(2)(D). Pub. L. 112–239, § 1621(c)(4), added subpar. (D) and struck out former subpar. (D) which read as follows: “obtain from any governmental source, and make available to personnel of the appropriate activity, technical data necessary for the preparation of a competitive solicitation package for any item of supply or service previously procured noncompetitively due to the unavailability of such technical data;”. Subsec. (l)(2)(E). Pub. L. 112–239, § 1621(c)(5), added subpar. (E) and struck out former subpar. (E) which read as follows: “have access to procurement records and other data of the procurement center commensurate with the level of such representative’s approved security clearance classification;”. Subsec. (l)(2)(F) to (I). Pub. L. 112–239, § 1621(c)(6), added subpars. (F) to (I) and struck out former subpars. (F) and (G) which read as follows: “(F) receive unsolicited engineering proposals and, when appropriate (i) conduct a value analysis of such proposal to determine whether such proposal, if adopted, will result in lower costs to the United States without substantially impeding legitimate acquisition objectives and forward to personnel of the appropriate activity recommendations with respect to such proposal, or (ii) forward such proposals without analysis to personnel of the activity responsible for reviewing such proposals and who shall furnish the breakout procurement center representative with information regarding the disposition of any such proposal; and “(G) review the systems that account for the acquisition and management of technical data within the procurement center to assure that such systems provide the maximum availability and access to data needed for the preparation of offers to sell to the United States those supplies to which such data pertain which potential offerors are entitled to receive.” “(ii) fully qualified, technically trained, and familiar with the supplies and services procured by the major procurement center to which they are assigned. “(B) In addition to the requirements of subparagraph (A), each breakout procurement center representative, and at least one technical adviser assigned to such representative, shall be an accredited engineer.” Subsec. (l)(6). Pub. L. 112–239, § 1621(g), inserted heading and substituted in text “goods or services, including goods or services that are commercially available” for “other than commercial items and which has the potential to incur significant savings as the result of the placement of a breakout procurement center representative”. Subsec. (h)(2). Pub. L. 111–240, § 1346, in introductory provisions, substituted “submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following:” for “submit them to the President and the Congress. The Administration’s submission to the President shall include the following:”. Pub. L. 106–50, § 502(a)(2), inserted after second sentence “The Government-wide goal for participation by small business concerns owned and controlled by service-disabled veterans shall be established at not less than 3 percent of the total value of all prime contract and subcontract awards for each fiscal year.” Pub. L. 106–50, § 502(a)(1), inserted “small business concerns owned and controlled by service disabled veterans,” after “small business concerns,” the first place appearing in first sentence. 1997—Subsec. (a). Pub. L. 105–135, § 413(b), in third sentence, inserted “or the solicitation involves an unnecessary or unjustified bundling of contract requirements, as determined by the Administration,” after “discrete construction projects,”, substituted “(4)” for “or (4)”, and inserted before period at end “, or (5) why the agency has determined that the bundled contract (as defined in section 632(o) of this title) is necessary and justified”. Subsec. (g)(1). Pub. L. 105–135, § 603(b)(1), inserted “qualified HUBZone small business concerns,” after “small business concerns,” in two places, substituted “not less than 23 percent of the total value” for “not less than 20 percent of the total value”, and inserted after second sentence “The Governmentwide goal for participation by qualified HUBZone small business concerns shall be established at not less than 1 percent of the total value of all prime contract awards for fiscal year 1999, not less than 1.5 percent of the total value of all prime contract awards for fiscal year 2000, not less than 2 percent of the total value of all prime contract awards for fiscal year 2001, not less than 2.5 percent of the total value of all prime contract awards for fiscal year 2002, and not less than 3 percent of the total value of all prime contract awards for fiscal year 2003 and each fiscal year thereafter.” Subsec. (g)(2). Pub. L. 105–135, § 603(b)(2)(B), (C), inserted “qualified HUBZone small business concerns,” after “small business concerns,” in second sentence and substituted “by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women” for “by small business concerns from each industry category in procurement contracts of the agency, including participation by small business concerns owned and controlled by socially and economically disadvantaged individuals and participation by small business concerns owned and controlled by women” before period at end of fourth sentence. Pub. L. 105–135, § 603(b)(2)(A), which directed substitution of “, by qualified HUBZone small business concerns, by small business concerns owned and controlled by socially and economically disadvantaged individuals” for “,, by small business concerns owned and controlled by socially and economically disadvantaged individuals” in first sentence, was executed by making the insertion for the quoted language which started with a single comma to reflect the probable intent of Congress and the amendment by Pub. L. 104–106, § 4321(c)(3). See 1996 Amendment note below. 1996—Subsec. (g)(2). Pub. L. 104–106struck out second comma after “goals for the participation by small business concerns,”. 1994—Subsec. (c)(2)(A). Pub. L. 103–403, § 305(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “During each of fiscal years 1989 through 1993, public or private organizations for the handicapped shall be eligible to participate in programs authorized under this section in an aggregate amount for each year as follows: In 1989 not more than $30,000,000, in 1990 not more than $40,000,000, and in each of 1991, 1992 and 1993 not more than $50,000,000.” Subsec. (e). Pub. L. 103–355, § 7101(a), struck out subsec. (e) which read as follows: “In carrying out small business set-aside programs, departments, agencies, and instrumentalities of the executive branch shall award contracts, and encourage the placement of subcontracts for procurement to the following in the manner and in the order stated: “(1) concerns which are small business concerns and which are located in labor surplus areas, on the basis of a total set-aside; “(2) concerns which are small business concerns, on the basis of a total set-aside; “(3) concerns which are small business concerns and which are located in a labor surplus area, on the basis of a partial set-aside; “(4) concerns which are small business concerns, on the basis of a partial set-aside.” Subsec. (f). Pub. L. 103–355, § 7101(a), struck out subsec. (f) which read as follows: “After priority is given to the small business concerns specified in subsection (e) of this section, priority shall also be given to the awarding of contracts and the placement of subcontracts, on the basis of a total set-aside, to concerns which— “(1) are not eligible under subsection (e) of this section; “(2) are not small business concerns; and “(3) will perform a substantial proportion of the production on those contracts and subcontracts within areas of concentrated unemployment or underemployment or within labor surplus areas.” Subsec. (g)(1). Pub. L. 103–355, § 7106(a)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals” in first sentence and in sentence beginning with “Notwithstanding the”. Pub. L. 103–355, § 7106(a)(2)(A), inserted after third sentence “The Government-wide goal for participation by small business concerns owned and controlled by women shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards for each fiscal year.” Subsec. (g)(2). Pub. L. 103–355, § 7106(a)(2)(B), in first sentence substituted “, by small business concerns owned and controlled by socially and economically disadvantaged individuals, and by small business concerns owned and controlled by women” for “and by small business concerns owned and controlled by socially and economically disadvantaged individuals,”. Pub. L. 103–355, § 7106(a)(1), in second sentence substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”. Pub. L. 103–355, § 7106(a)(2)(C), in fourth sentence inserted at end “and participation by small business concerns owned and controlled by women”. Subsec. (h)(1), (2)(A), (D), (E). Pub. L. 103–355, § 7106(a)(1), substituted “, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women” for “and small business concerns owned and controlled by socially and economically disadvantaged individuals”. Subsec. (j). Pub. L. 103–355, § 4004, amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “Each contract for the procurement of goods and services which has an anticipated value not in excess of the small purchase threshold and which is subject to small purchase procedures shall be reserved exclusively for small business concerns unless the contracting officer is unable to obtain offers from two or more small business concerns that are competitive with market prices and in terms of quality and delivery of the goods or services being purchased. In utilizing small purchase procedures, contracting officers shall, wherever circumstances permit, choose a method of payment which minimizes paperwork and facilitates prompt payment to contractors.” 1992—Subsec. (c)(1)(A). Pub. L. 102–569substituted “From People Who Are Blind or Severely Disabled” for “from the Blind and Other Severely Handicapped”. Subsec. (c)(2)(B). Pub. L. 102–366, § 232(b)(1), which directed the substitution of “Blind-made” for “Blindmade”, could not be executed to text because “Blindmade” did not appear in subpar. (B). 1991—Subsec. (k)(5). Pub. L. 102–190amended par. (5) generally. Prior to amendment, par. (5) read as follows: “assist small business concerns to obtain payments, late payment interest penalties, or information due to such concerns, in conformity with chapter 39 of title 31;”. 1990—Subsec. (a). Pub. L. 101–574inserted after second sentence “If a proposed procurement includes in its statement of work goods or services currently being performed by a small business, and if the proposed procurement is in a quantity or estimated dollar value the magnitude of which renders small business prime contract participation unlikely, or if a proposed procurement for construction seeks to package or consolidate discrete construction projects, the Procurement Activity shall provide a copy of the proposed procurement to the Procurement Activity’s Small Business Procurement Center Representative at least 30 days prior to the solicitation’s issuance along with a statement explaining (1) why the proposed acquisition cannot be divided into reasonably small lots (not less than economic production runs) to permit offers on quantities less than the total requirement, (2) why delivery schedules cannot be established on a realistic basis that will encourage small business participation to the extent consistent with the actual requirements of the Government, (3) why the proposed acquisition cannot be offered so as to make small business participation likely, or (4) why construction cannot be procured as separate discrete projects. The thirty-day notification process shall occur concurrently with other processing steps required prior to issuance of the solicitation. Within 15 days after receipt of the proposed procurement and accompanying statement, if the Procurement Center Representative believes that the procurement as proposed will render small business prime contract participation unlikely, the Representative shall recommend to the Procurement Activity alternative procurement methods which would increase small business prime contracting opportunities.” Subsec. (j). Pub. L. 101–510substituted “not in excess of the small purchase threshold” for “of less than $25,000”. Subsec. (h). Pub. L. 100–656, § 503, designated existing provisions as par. (1), struck out at end “The Administration shall submit to the Select Committee on Small Business of the Senate and the Committee on Small Business of the House of Representatives information obtained from such reports, together with appropriate comments.”, and added pars. (2) and (3). Subsec. (k)(3). Pub. L. 100–656, § 603(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “be responsible only to, and report directly to, the head of such agency or to his deputy, except that in the case of the Department of Defense the Director of the Office of Small and Disadvantaged Business Utilization shall be responsible to, and report directly to, the Under Secretary of Defense for Acquisition,”. Subsec. (l)(3). Pub. L. 100–590, § 110(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “A breakout procurement center representative is authorized to appeal a failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be in writing, specifically reciting both the circumstances of the appeal and the basis of the recommendation. The appeal shall be decided by a person within the employ of the appropriate activity who is at least one supervisory level above the person who initially failed to act favorably on the recommendation. Such appeal shall be decided within 30 calendar days of its receipt.” Subsec. (l)(6). Pub. L. 100–590, § 110(4), amended par. (6) generally. Prior to amendment, par. (6) read as follows: “For purposes of this subsection, the term ‘major procurement center’ means a procurement center of the Department of Defense that awarded contracts for items other than commercial items totaling at least $150,000,000 in the preceding fiscal year, and such other procurement centers as designated by the Administrator.” Subsec. (o)(1)(A). Pub. L. 100–26, § 10(b)(1)(A), substituted “at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern” for “the concern will perform at least 50 percent of the cost of the contract with its own employees”. Subsec. (o)(3). Pub. L. 100–26, § 10(b)(1)(B), substituted “requirements of such paragraph” for “requirements of such subparagraph” and inserted at end “The percentage applicable to any such requirement shall be determined in accordance with paragraph (2).” “(1) Except as provided in paragraphs (2) and (3), the head of any Federal agency shall, within five days of the agency’s decision to set aside a procurement for small business concerns under this section, provide the names and addresses of the small business concerns expected to respond to the procurement to any person who requests such information. “(2) The Secretary of Defense may decline to provide information under paragraph (1) in order to protect national security interests. “(3) The head of a Federal agency is not required to release any information under paragraph (1) that is not required to be released under section 552 of title 5.” 1986—Subsec. (a). Pub. L. 99–500and Pub. L. 99–591, § 101(c) [§ 921(a), (b)], Pub. L. 99–661, § 921(a), (b), as amended by Pub. L. 100–26, § 10(a)(1), amended subsec. (a) identically, inserting “in each industry category” in cl. (3), and inserting provision identifying an industry category, providing for determination of such category by the Administrator, and permitting segmentation of a market for goods and services under certain circumstances and provision that a contract not be awarded if the award would result in a cost to the awarding agency which exceeds a fair market price. Subsec. (g). Pub. L. 99–500and Pub. L. 99–591, § 101(c) [§ 921(d)], Pub. L. 99–661, § 921(d), amended subsec. (g) identically, striking out “having values of $10,000 or more” after “such agency” and inserting provision requiring the head of each Federal agency to make consistent efforts to annually expand participation by small business concerns from each industry category in procurement contracts of the agency. Subsec. (k)(3). Pub. L. 99–500and Pub. L. 99–591, § 101(c) [§ 903(d)], Pub. L. 99–661, § 903(d), which directed identical amendments to par. (3) by inserting “, except that in the case of the Department of Defense the Director of the Office of Small and Disadvantaged Business Utilization shall be responsible to, and report directly to, the Under Secretary of Defense for Acquisition” was executed by inserting that phrase immediately before the comma at the end as the probable intent of Congress. 1980—Subsec. (c). Pub. L. 96–302, § 116, substituted provisions covering participation of not-for-profit organizations in certain authorized programs during fiscal years 1981, through 1983, the monitoring and evaluation of such participation as causing severe economic injury to for-profit small businesses and transmission of report to congressional committees not later than Jan. 1, 1982, respecting impact of contracts on the for-profit small businesses for provisions respecting eligibility during fiscal year 1978, of public and private organizations and individuals to participate in the award of contracts and requiring transmission of a report by March 1, 1979. Subsec. (e). Pub. L. 96–302, § 117(b), in revising text, struck out from introductory clause reference to labor surplus areas; reenacted par. (1) reversing order of reference to small business concerns and location in labor surplus areas; reenacted par. (2); added par. (3); redesignated former par. (3) as (4); and struck out former par. (4) as to concerns located in labor surplus areas on basis of total set-aside, as covered in par. (1). Subsec. (f). Pub. L. 96–302, § 117(b), substituted provision respecting other priorities in placement of contracts for requirement that subsecs. (d) and (e) of this section cease to be effective subsequent to Sept. 30, 1980, unless renewed prior to such date. Amendment by sections 502 and 503 ofPub. L. 100–656effective Oct. 1, 1989, and amendment by sections 601 and 603 ofPub. L. 100–656effective Nov. 15, 1988, see section 803(a)(7), (b)(4)(C), ofPub. L. 100–656, as amended, set out as a note under section 631 of this title. Amendment by Pub. L. 100–496applicable to payments under contracts awarded, contracts renewed, and contract options exercised during or after the first fiscal quarter which begins more than 90 days after Oct. 17, 1988, see section 14(a) ofPub. L. 100–496, set out as a note under section 3902 of Title 31, Money and Finance. Effective Date of 1987 Amendment Pub. L. 100–180, div. A, title VIII, § 809(a)(1),Dec. 4, 1987, 101 Stat. 1130, provided that the amendment made by that section is in effect until Sept. 30, 1988. Amendment by section 10(a)(1), (b)(1) ofPub. L. 100–26applicable as if included in each instance of the Defense Acquisition Improvement Act (as specified in section 2 ofPub. L. 100–26) [title X of section 101(c) ofPub. L. 99–500and Pub. L. 99–591, and title IX of div. A of Pub. L. 99–661] when each was enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986, respectively], see section 12(c) ofPub. L. 100–26, set out as a note under section 632 of this title. Effective Date of 1986 Amendment Pub. L. 99–272, title XVIII, § 18003(b),Apr. 7, 1986, 100 Stat. 364, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the ninetieth day after the date of the enactment of this Act [Apr. 7, 1986]. Additional Requirements for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements Pub. L. 112–239, div. A, title XVI, § 1631(c),Jan. 2, 2013, 126 Stat. 2072, provided that: “Not later than 180 days after the date of the enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall review and revise the Goaling Guidelines for the Small Business Preference Programs for Prime and Subcontract Federal Procurement Goals and Achievements to the extent necessary to ensure that— “(1) agency subcontracting goals are established on the basis of realistically achievable improvements to levels of subcontracting rather than on the basis of an average of previous years’ subcontracting performance; “(2) agency contracting and subcontracting goals are established in a manner that does not exclude categories of contracts on the basis of— “(A) the type of goods or services for which the agency contracts; “(B) in the case of contracts subject to competitive procedures under chapter 33 of title 41, United States Code— “(i) whether or not funding for the contracts is made directly available to the agency by an Appropriations Act or is made available by reimbursement from another agency or account; or “(ii) whether or not the contract is subject to the Federal Acquisition Regulation; and “(3) whenever an agency contracting or subcontracting goal is established at a level lower than the Governmentwide goal for small business concerns or the relevant category of small business concerns, the Administration is required to document the basis for the decision to establish such lower goal.” “(1) In general.—Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Administrator [of the Small Business Administration] shall implement a 3-year pilot electronic procurement center representative program. “(2) Report.—Not later than 30 days after the pilot program under paragraph (1) ends, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding the pilot program.” “(1) the term ‘Pilot Program’ means the Small Business Teaming Pilot Program established under subsection (b); and “(2) the term ‘eligible organization’ means a well-established national organization for small business concerns with the capacity to provide assistance to small business concerns (which may be provided with the assistance of the Administrator) relating to— “(A) customer relations and outreach; “(B) team relations and outreach; and “(C) performance measurement and quality assurance. “(b) Establishment.—The Administrator shall establish a Small Business Teaming Pilot Program for teaming and joint ventures involving small business concerns. “(c) Grants.—Under the Pilot Program, the Administrator may make grants to eligible organizations to provide assistance and guidance to teams of small business concerns seeking to compete for larger procurement contracts. “(d) Contracting Opportunities.—The Administrator shall work with eligible organizations receiving a grant under the Pilot Program to recommend appropriate contracting opportunities for teams or joint ventures of small business concerns. “(e) Report.—Not later than 1 year before the date on which the authority to carry out the Pilot Program terminates under subsection (f), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the effectiveness of the Pilot Program. “(f) Termination.—The authority to carry out the Pilot Program shall terminate 5 years after the date of enactment of this Act [Sept. 27, 2010]. “(g) Authorization of Appropriations.—There are authorized to be appropriated for grants under subsection (c) $5,000,000 for each of fiscal years 2010 through 2015.” [For definitions of “Administrator” and “small business concern” as used in section 1314 ofPub. L. 111–240, set out above, see section 1001 ofPub. L. 111–240, set out as a note under section 632 of this title.] Pub. L. 103–403, title III, § 303,Oct. 22, 1994, 108 Stat. 4188, authorized the Small Business Administration to promote the award of Federal manufacturing contracts to small business concerns that participate in manufacturing application and education centers by working with the Department of Commerce and other agencies to identify components and subsystems that are both critical and currently foreign-sourced, such authority to terminate on Sept. 30, 1997. “(A) to make every reasonable effort to respond in writing within 30 days to any written request made to a contracting officer with respect to a matter relating to the administration of a contract that is received from a small business concern; and “(B) in the event that the contracting officer is unable to reply within the 30-day period, to transmit to the contractor within such period a written notification of a specific date by which the contracting officer expects to respond. “(b) Rule of Construction.—Nothing in this section shall be considered as creating any rights under the Contract Disputes Act of 1978 ([former] 41 U.S.C. 601 et seq.) [see 41 U.S.C. 7101 et seq.]. “(c) Definition.—In this section, the term ‘small business concern’ means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant to that section.” “(a) Procurement Procedures Authorized.—(1) To facilitate the attainment of a goal for the participation of small business concerns owned and controlled by socially and economically disadvantaged individuals that is established for a Federal agency pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)), the head of the agency may enter into contracts using— “(A) less than full and open competition by restricting the competition for such awards to small business concerns owned and controlled by socially and economically disadvantaged individuals described in subsection (d)(3)(C) ofsection 8 of the Small Business Act (15 U.S.C. 637); and “(B) a price evaluation preference not in excess of 10 percent when evaluating an offer received from such a small business concern as the result of an unrestricted solicitation. “(2) Paragraph (1) does not apply to the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration. “(b) Implementation Through the Federal Acquisition Regulation.— “(1) In general.—The Federal Acquisition Regulation shall be revised to provide for uniform implementation of the authority provided in subsection (a). “(2) Matters to be addressed.—The revisions of the Federal Acquisition Regulation made pursuant to paragraph (1) shall include— “(A) conditions for the use of advance payments; “(B) provisions for contract payment terms that provide for— “(i) accelerated payment for work performed during the period for contract performance; and “(ii) full payment for work performed; “(C) guidance on how contracting officers may use, in solicitations for various classes of products or services, a price evaluation preference pursuant to subsection (a)(1)(B), to provide a reasonable advantage to small business concerns owned and controlled by socially and economically disadvantaged individuals without effectively eliminating any participation of other small business concerns; and “(D)(i) procedures for a person to request the head of a Federal agency to determine whether the use of competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals at a contracting activity of such agency has caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity; and “(ii) guidance for limiting the use of such restricted competitions in the case of any contracting activity and class of contracts determined in accordance with such procedures to have caused a particular industry category to bear a disproportionate share of the contracts awarded to attain the goal established for that contracting activity. “(c) Termination.—This section shall cease to be effective at the end of September 30, 2003.” [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Procurement Procedures Under Small Business Competitiveness Demonstration Program Act of 1988 Pub. L. 102–366, title II, § 202(h),Sept. 4, 1992, 106 Stat. 996, provided for procurement procedures under the Small Business Competitiveness Demonstration Program Act of 1988 prior to implementation of improvements to the collection of data regarding prime contract awards and of a system for collecting such data. Modifications of Test Plan and Policy Direction Under Small Business Competitiveness Demonstration Program Act of 1988 Pub. L. 102–366, title II, § 202(i),Sept. 4, 1992, 106 Stat. 996, required the Administrator for Federal Procurement Policy to issue certain modifications to the test plan and policy direction under the Small Business Competitiveness Demonstration Program Act of 1988. Contract Bundling Study Pub. L. 102–366, title III, § 321,Sept. 4, 1992, 106 Stat. 1006, provided that the Administrator of the Small Business Administration was to conduct a study regarding the impact of the practice known as “contract bundling” on the participation of small business concerns in the Federal procurement process and, not later than May 15, 1993, to submit a report on the results of the study to the Committees on Small Business of the Senate and the House of Representatives. Programs for Blind and Handicapped Individuals; Report on Impact on Small Business Concerns Pub. L. 100–590, title I, § 133(b),Nov. 3, 1988, 102 Stat. 3006, provided that not later than Sept. 30, 1992, the General Accounting Office was to prepare a report describing the impact that contracts awarded under subsec. (c) of this section had on for-profit small business concerns for fiscal years 1989 through 1991, and transmit the report to the Committees on Small Business of the Senate and the House of Representatives. Pub. L. 100–590, title I, § 133(c),Nov. 3, 1988, 102 Stat. 3006, provided that: “There is established within the Small Business Administration a task force on purchases from the blind and severely handicapped which shall consist of one representative of the small business community appointed by the Administrator of the Small Business Administration and one individual knowledgeable in the affiars [sic] of or experienced in the work of sheltered workshops appointed by the Executive Director of the Committee for Purchase from the Blind and Other Severely Handicapped established under the first section of the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 ([former] 41 U.S.C. 46) [now 41 U.S.C. 8502]. The task force shall meet at least once every six months for the purpose of reviewing the award of contracts under section 15(c) of the Small Business Act [15 U.S.C. 644(c)] and recommending to the Small Business Administration such administrative or statutory changes as it deems appropriate.” “(1) The Administrator of the Small Business Administration and the Comptroller General of the United States shall jointly establish standards for measuring cost savings achieved through the efforts of breakout procurement center representatives and for measuring the extent to which competition has been increased as a result of such efforts. Thereafter, the Administrator shall annually prepare and submit to the Congress a report setting forth— “(A) the cost savings achieved during the year covered by such report through the efforts of breakout procurement center representatives; “(B) an evaluation of the extent to which competition has been increased as a result of such efforts; and “(C) such other information as the Administrator may deem appropriate. “(2) Within 180 days following the submission of the second annual report to Congress by the Administrator, the Comptroller General shall report to the Congress an evaluation of the Administration’s adherence to the standards jointly established and the accuracy of the information the Administration has submitted to the Congress.” By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Small Business Act, 15 U.S.C. 631,et seq., section 7106 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355) [amending 15 U.S.C. 632, 637, 644, 645], and the Office of Federal Procurement Policy [Act], [former] 41 U.S.C. 403,et seq., and in order to strengthen the executive branch’s commitment to increased opportunities for women-owned small businesses, it is hereby ordered as follows: Section 1. Executive Branch Policy. In order to reaffirm and strengthen the statutory policy contained in the Small Business Act, 15 U.S.C. 644(g)(1), it shall be the policy of the executive branch to take the steps necessary to meet or exceed the 5 percent Government-wide goal for participation in procurement by women-owned small businesses (WOSBs). Further, the executive branch shall implement this policy by establishing a participation goal for WOSBs of not less than 5 percent of the total value of all prime contract awards for each fiscal year and of not less than 5 percent of the total value of all subcontract awards for each fiscal year. Sec. 2. Responsibilities of Federal Departments and Agencies. Each department and agency (hereafter referred to collectively as “agency”) that has procurement authority shall develop a long-term comprehensive strategy to expand opportunities for WOSBs. Where feasible and consistent with the effective and efficient performance of its mission, each agency shall establish a goal of achieving a participation rate for WOSBs of not less than 5 percent of the total value of all prime contract awards for each fiscal year and of not less than 5 percent of the total value of all subcontract awards for each fiscal year. The agency’s plans shall include, where appropriate, methods and programs as set forth in section 4 of this order. Sec. 3. Responsibilities of the Small Business Administration. The Small Business Administration (SBA) shall establish an Assistant Administrator for Women’s Procurement within the SBA’s Office of Government Contracting. This officer shall be responsible for: (a) working with each agency to develop and implement policies to achieve the participation goals for WOSBs for the executive branch and individual agencies; (b) advising agencies on how to implement strategies that will increase the participation of WOSBs in Federal procurement; (c) evaluating, on a semiannual basis, using the Federal Procurement Data System (FPDS), the achievement of prime and subcontract goals and actual prime and subcontract awards to WOSBs for each agency; (d) preparing a report, which shall be submitted by the Administrator of the SBA to the President, through the Interagency Committee on Women’s Business Enterprise and the Office of Federal Procurement Policy (OFPP), on findings based on the FPDS, regarding prime contracts and subcontracts awarded to WOSBs; (e) making recommendations and working with Federal agencies to expand participation rates for WOSBs, with a particular emphasis on agencies in which the participation rate for these businesses is less than 5 percent; (f) providing a program of training and development seminars and conferences to instruct women on how to participate in the SBA’s 8(a) [15 U.S.C. 637(a)] program, the Small Disadvantaged Business (SDB) program, the HUBZone program, and other small business contracting programs for which they may be eligible; (g) developing and implementing a single uniform Federal Government-wide website, which provides links to other websites within the Federal system concerning acquisition, small businesses, and women-owned businesses, and which provides current procurement information for WOSBs and other small businesses; (h) developing an interactive electronic commerce database that allows small businesses to register their businesses and capabilities as potential contractors for Federal agencies, and enables contracting officers to identify and locate potential contractors; and (i) working with existing women-owned business organizations, State and local governments, and others in order to promote the sharing of information and the development of more uniform State and local standards for WOSBs that reduce the burden on these firms in competing for procurement opportunities. Sec. 4. Other Responsibilities of Federal Agencies. To the extent permitted by law, each Federal agency shall work with the SBA to ensure maximum participation of WOSBs in the procurement process by taking the following steps: (a) designating a senior acquisition official who will work with the SBA to identify and promote contracting opportunities for WOSBs; (b) requiring contracting officers, to the maximum extent practicable, to include WOSBs in competitive acquisitions; (c) prescribing procedures to ensure that acquisition planners, to the maximum extent practicable, structure acquisitions to facilitate competition by and among small businesses, HUBZone small businesses, SDBs, and WOSBs, and providing guidance on structuring acquisitions, including, but not limited to, those expected to result in multiple award contracts, in order to facilitate competition by and among these groups; (d) implementing mentor-protege programs, which include women-owned small business firms; and (e) offering industry-wide as well as industry-specific outreach, training, and technical assistance programs for WOSBs including, where appropriate, the use of Government acquisitions forecasts, in order to assist WOSBs in developing their products, skills, business planning practices, and marketing techniques. Sec. 5. Subcontracting Plans. The head of each Federal agency, or designated representative, shall work closely with the SBA, OFPP, and others to develop procedures to increase compliance by prime contractors with subcontracting plans proposed under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) orsection 834 ofPublic Law 101–189, as amended (15 U.S.C. 637 note), including subcontracting plans involving WOSBs. Sec. 6. Action Plans. If a Federal agency fails to meet its annual goals in expanding contract opportunities for WOSBs, it shall work with the SBA to develop an action plan to increase the likelihood that participation goals will be met or exceeded in future years. Sec. 7. Compliance. Independent agencies are requested to comply with the provisions of this order. Sec. 8. Consultation and Advice. In developing the long-term comprehensive strategies required by section 2 of this order, Federal agencies shall consult with, and seek information and advice from, State and local governments, WOSBs, other private-sector partners, and other experts. Sec. 9. Judicial Review. This order is for internal management purposes for the Federal Government. It does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, its employees, or any other person. By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Small Business Act (15 U.S.C. 631et seq.), section 7102 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 15 U.S.C. 644 note), the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403et seq.), Executive Order 11625 [15 U.S.C. 631 note], and to provide for increased access for disadvantaged businesses to Federal contracting opportunities, it is hereby ordered as follows: Section 1. Policy. It is the policy of the executive branch to ensure nondiscrimination in Federal procurement opportunities for businesses in the Small Disadvantaged Business Program (SDBs), businesses in the section 8(a) Business Development program of the Small Business Administration (8(a)s), and Minority Business Enterprises (MBEs) as defined in section 6 of Executive Order 11625, of October 13, 1971, and to take affirmative action to ensure inclusion of these businesses in Federal contracting. These businesses are of vital importance to job growth and the economic strength of the United States but have faced historic exclusion and underutilization in Federal procurement. All agencies within the executive branch with procurement authority are required to take all necessary steps, as permitted by law, to increase contracting between the Federal Government and SDBs, 8(a)s, and MBEs. Sec. 2. Responsibilities of Executive Departments and Agencies with Procurement Authority. The head of each executive department and agency shall carry out the terms of this order and shall designate, where appropriate, his or her Deputy Secretary or equivalent to implement the terms of this order. (a) Each department and agency with procurement authority shall: (i) aggressively seek to ensure that 8(a)s, SDBs, and MBEs are aware of future prime contracting opportunities through wide dissemination of contract announcements, including sources likely to reach 8(a)s, SDBs, other small businesses, and MBEs. Each department and agency shall use all available forms of communication to implement this provision, including the Internet, speciality press, and trade press; (ii) work with the Small Business Administration (SBA) to ensure that information regarding sole source contracts awarded through the section 8(a) program receives the widest dissemination possible to 8(a)s; (iii) ensure that the price evaluation preference programs authorized by the Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Tables for classification] are used to the maximum extent permitted by law in areas of economic activity in which SDBs have historically been underused; (iv) aggressively use the firms in the section 8(a) program, particularly in the developmental stage of the program, so that these firms have an opportunity to overcome artificial barriers to Federal contracting and gain access to the Federal procurement arena; (v) ensure that department and agency heads take all reasonable steps so that prime contractors meet or exceed Federal subcontracting goals, and enforce subcontracting commitments as required by the Small Business Act (15 U.S.C. 637(d)) and other related laws. In particular, they shall ensure that prime contractors actively solicit bids for subcontracting opportunities from 8(a)s and SDBs, and fulfill their SDB and section 8(d) subcontracting obligations. Enforcement of SDB subcontracting plan commitments shall include assessments of liquidated damages, where appropriate, pursuant to applicable contract clauses; (vi) encourage the establishment of business-to-business mentoring and teaming relationships, including the implementation of Mentor-Protege programs, to foster the development of the technical and managerial capabilities of 8(a)s and SDBs and to facilitate long-term business relationships; (vii) offer information, training, and technical assistance programs for 8(a)s and SDBs including, where appropriate, Government acquisition forecasts in order to assist 8(a)s and SDBs in developing their products, skills, business planning practices, and marketing techniques; (viii) train program and procurement officials regarding the policy of including 8(a)s and SDBs in Federal procurement. This includes prescribing procedures to ensure that acquisition planners, to the maximum extent practicable, structure acquisitions to facilitate competition by SDBs and 8(a)s, including their participation in the competition of multiple award requirements; (ix) provide the information required by the Department of Commerce when it requests data to develop the benchmarks used in the price evaluation preference programs authorized by the Federal Acquisition Streamlining Act of 1994; (x) ensure that Directors of Offices of Small and Disadvantaged Business Utilization carry out their responsibilities to maximize the participation of 8(a)s and SDBs in Federal procurement and, in particular, ensure that the Directors report directly to the head of each department or agency as required by law; and (xi) as required by law, establish with the Small Business Administration small business goals to ensure that the government-wide goal for participation of small business concerns is not less than 23 percent of Federal prime contracts. Where feasible and consistent with the effective and efficient performance of its mission, each agency shall establish a goal of achieving a participation rate for SDBs of not less than 5 percent of the total value of prime contract awards for each fiscal year and of not less than 5 percent of the total value of subcontract awards for each year. Each agency shall also establish a goal for awards made to 8(a) firms pursuant to section 8(a) of the Small Business Act [15 U.S.C. 637(a)]. These goals shall be considered the minimum goals and every effort shall be taken to exceed these goals wherever feasible. (b) Each department and agency with procurement authority shall: (i) develop a long-term comprehensive plan to implement the requirements of section 2(a) of this order and submit this plan to the Director of the Office of Management and Budget (OMB) within 90 days of the date of this order. The Director of OMB shall review each plan and report to the President on the sufficiency of each plan to carry out the terms of this order; and (ii) annually, by April 30 each year, assess its efforts and the results of those efforts to increase utilization of 8(a)s, SDBs, and MBEs as both prime contractors and subcontractors and report on those efforts to the President through the Director of OMB, who shall review the evaluations made of the agency assessments by the Small Business Administration. Sec. 3. Responsibilities of the Small Business Administration. The Administrator of the SBA shall: (a) evaluate on a semi-annual basis, using the Federal Procurement Data System (FPDS), the achievement of government-wide prime and subcontract goals and the actual prime and subcontract awards to 8(a)s and SDBs for each department and agency. The OMB shall review SBA’s evaluation; (b) ensure that Procurement Center Representatives receive adequate training regarding the section 8(a) and SDB programs and that they consistently and aggressively seek opportunities for maximizing the use of 8(a)s and SDBs in department and agency procurements; and (c) ensure that each department and agency’s small and disadvantaged business procurement goals as well as the amount of procurement of each department and agency with 8(a)s, SDBs, and MBEs is publicly available in an easily accessible and understandable format such as through publication on the Internet. Sec. 4. Federal Advertising. Each department or agency that contracts with businesses to develop advertising for the department or agency or to broadcast Federal advertising shall take an aggressive role in ensuring substantial minority-owned entities’ participation, including 8(a), SDB, and MBE, in Federal advertising-related procurements. Each department and agency shall ensure that all creation, placement, and transmission of Federal advertising is fully reflective of the Nation’s diversity. To achieve this diversity, special attention shall be given to ensure placement in publications and television and radio stations that reach specific ethnic and racial audiences. Each department and agency shall ensure that payment for Federal advertising is commensurate with fair market rates in the relevant market. Each department and agency shall structure advertising contracts as commercial acquisitions consistent with part 12 of the Federal Acquisition Regulation processes and paperwork to enhance participation by 8(a)s, SDBs, and MBEs. Sec. 5. Information Technology. Each department and agency shall aggressively seek to ensure substantial 8(a), SDB, and MBE participation in procurements for and related to information technology, including procurements in the telecommunications industry. In so doing, the Chief Information Officer in each department and agency shall coordinate with procurement officials to implement this section. Sec. 6. General Services Administration Schedules. The SBA and the General Services Administration (GSA) shall act promptly to expand inclusion of 8(a)s and SDBs on GSA Schedules, and provide greater opportunities for 8(a) and SDB participation in orders under such schedules. The GSA should ensure that procurement and program officials at all levels that use GSA Schedules aggressively seek to utilize the Schedule contracts of 8(a)s and SDBs. The GSA shall allow agencies ordering from designated 8(a) firms under the Multiple Award Schedule to count those orders toward their 8(a) procurement goals. Sec. 7. Bundling Contracts. To the extent permitted by law, departments and agencies must submit to the SBA for review any contracts that are proposed to be bundled. The determination of the SBA with regard to the appropriateness of bundling in each instance must be carefully reviewed by the department or agency head, or his or her designee, and must be given due consideration. If there is an unresolvable conflict, then the SBA or the department or agency can seek assistance from the OMB. Sec. 8. Awards Program. The Secretary of Commerce and the Administrator of the SBA shall jointly undertake a feasibility study to determine the appropriateness of an awards program for executive departments and agencies who best exemplify the letter and intent of this order in increasing opportunities for 8(a)s, SDBs, and MBEs in Federal procurement. Such study shall be presented to the President within 90 days of the date of this order. Sec. 9. Applicability. Independent agencies are requested to comply with the provisions of this order. Sec. 10. Administration, Enforcement, and Judicial Review. (a) This order shall be carried out to the extent permitted by law and consistent with the Administration’s priorities and appropriations. (b) This order is not intended and should not be construed to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. William J. Clinton. Delegation of Authority To Establish Annual Goals for Participation of Small Business Concerns in Procurement Contracts Memorandum of the President of the United States, June 6, 1990, 55 F.R. 27453–27455, provided: Memorandum for the Director of the Office of Management and Budget By the authority vested in me as President by the Constitution and laws of the United States, including section 15(g) of the Small Business Act, as amended [subsec. (g) of this section], and section 301 of Title 3 of the United States Code, I hereby delegate to the Director of the Office of Management and Budget the authority vested in the President to establish the annual goals required by Section 502 of the Business Opportunity Development Reform Act of 1988 (P.L. 100–656) [amending this section]. You are authorized and directed to publish this memorandum in the Federal Register. George Bush. Continued Commitment to Small, Small Disadvantaged, and Small Women-Owned Businesses in Federal Procurement Memorandum of President of the United States, Oct. 13, 1994, 59 F.R. 52397, provided: Memorandum for the Heads of Executive Departments and Agencies [and] the President’s Management Council It is the policy of the Federal Government that a fair proportion of its contracts be placed with small, small disadvantaged, and small women-owned businesses. Such businesses should also have the maximum practicable opportunity to participate as subcontractors in contracts awarded by the Federal Government consistent with efficient contract performance. I am committed to the continuation of this policy. Therefore, I ask that you encourage the use of various tools, including set-asides, price preferences, and section 8(a) of the Small Business Act (15 U.S.C. 637(a)), as necessary to achieve this policy objective. The Federal Acquisition Streamlining Act of 1994 [Pub. L. 103–355, see Short Title of 1994 Act note set out under section 101 of Title 41, Public Contracts] authorizes civilian agencies to utilize set-aside procurements for small disadvantaged businesses. The Act also, for the first time, establishes goals for contracting with small women-owned businesses. These provisions, along with others in the Act, will provide greater access to Federal Government business opportunities for small, small disadvantaged, and small women-owned businesses. Department and agency heads should ensure that efforts to streamline acquisition procedures encourage the participation of these businesses in Federal procurements.
Efficacy testing of visible-light-curing units. This study evaluated (1) the effect of known reductions in the output of curing lights on the depth of cure of various resins as determined by hardness measurements, and (2) the ability of the clinician to detect reduced light output by use of an explorer to compare the hardness of the top and bottom surfaces of resin specimens. Curing light output was reduced stepwise from 10 to 70% with neutral density filters. Hardness values indicated polymerization of the top surface to be generally unaffected by light blockage. Bottom surfaces were greatly affected: more with a 30-second than a 60-second cure time. Three clinicians utilized an explorer to compare the tops and bottoms of specimens of known hardness. Evaluators were unable to routinely detect differences of less than 20 to 30 Barcol numbers. The data indicate that a light meter is a more efficacious means of monitoring curing light performance than is a tactile test of resin surface hardness.
Lime Basil & Mandarin Bath Oil Our signature fragrance. Peppery basil and aromatic white thyme bring an unexpected twist to the scent of limes on a Caribbean breeze. A modern classic. For a sumptuous bathing treat, our Bath Oil is enriched with sweet almond, jojoba seed and avocado oils, which are natural conditioners that soothe and hydrate the skin, while sublime fragrances fill the air and scent your skin. Estimated delivery date applies to in-stock items and may not be available depending on shipment details. Date provided is an estimate and subject to change. We do our best to estimate the most accurate delivery time for your convenience. Once your order has been shipped, please refer to the tracking information in your email confirmation.
Q: MLP incremental learning In my project I use 2 MLP ANNs: for classification and for prediction. Basic training dataset is stored in database (MS SQL Server). But we need to make future incremental learning possible. It means that ANN is used in industrial realtime system, operator marks observations in database as objects of a particular class and ANN must take it into account. How can I do it? A: If your old data is representatively of the underlying population and there is no radical shift of the underlying true model over time. Than you don't need to update you model as new data comes in. You might want to retrain you model with the new dataset periodically, but you don't need to do it in real time on your production machine. If the underlying true does change radically overtime and you don't have any existing data to captures those changes then doesn't matter what algorithm you use, it's not going to work. The information is simply not there.
FILE PHOTO: Democratic Unionist Party (DUP) Deputy Leader Nigel Dodds speaks at the DUP annual party conference in Belfast, Northern Ireland November 24, 2018. REUTERS/Clodagh Kilcoyne/File Photo LONDON (Reuters) - The Northern Irish party that props up Prime Minister Theresa May’s government said on Friday it wanted to reach consensus on a deal that worked for the European Union and United Kingdom and that it saw paths to avoid the border backstop. “We want to reach a consensus which respects the constitutional and economic integrity of the United Kingdom and which also works for our neighbours in the Republic of Ireland,” Democratic Unionist Party (DUP) deputy leader Nigel Dodds said. “The trap of the backstop is the problem,” he added. “There are ways forward which do not require this backstop and we need to see a willingness to explore such options.” Dodds said he was encouraged by what he called a more realistic approach from the EU.
Q: CodeIgniter view only outputting single character from array I'm trying to output strings to form an image path, the strings are held in a nested array at the deepest level. My loop iterates over all array contents at this level but only outputs the first letter from the array content and I cant figure out why. So I need a bit of help, here's what I have... Array dump: Array ( [0] => Array ( [p_name] => Shops [p_startdate] => foo [p_enddate] => bar [p_elapsed] => hello [p_rag] => Array ( [0] => grayNodePng6160.png [1] => grayNodePng6160.png [2] => grayNodePng6160.png [3] => grayNodePng6160.png [4] => grayNodePng6160.png [5] => grayNodePng6160.png [6] => grayNodePng6160.png [7] => grayNodePng6160.png [8] => grayNodePng6160.png ) ) ) Controller index method public function index() { $data = array(); $data['splash_projects'] = $this->generate_projects(); $this->load->view('include/header'); $this->load->view('include/navigation'); $this->load->view('splash', $data); $this->load->view('include/footer'); } Controller helper method: private function generate_projects(){ $projects = array( array ( "p_name" => "Shops", "p_startdate" => "foo", "p_enddate" => "bar", "p_elapsed" => "hello", "p_rag" => array ('grayNodePng6160.png', 'grayNodePng6160.png','grayNodePng6160.png','grayNodePng6160.png','grayNodePng6160.png', 'grayNodePng6160.png','grayNodePng6160.png','grayNodePng6160.png','grayNodePng6160.png') ) ); return $projects; } View: <?php if($splash_projects!==false):?> <?php foreach ($splash_projects as $sproject):?> <div class="container"> <div class="row"> <p class="section-paragraph">Project Name :<?php echo $sproject['p_name']?></p> <p class="section-paragraph">Start Date: <?php echo $sproject['p_startdate']?></p> <p class="section-paragraph">End Date: <?php echo $sproject['p_enddate']?></p> <ul> <?php foreach($sproject['p_rag'] as $rag):?> <?php $x=0 ?> <li><img class="section-paragraph">Overview: <?php echo $rag[$x] ?></img></li> <?php endforeach?> </ul> </div> </div> <?php endforeach?> <?php endif?> This is the output - Overview: g, I get this line printed once for each element in the array. The full path info isn't there yet I'm just trying to get the dynamic data out first. Can anybody help? Many Thanks. A: You're treating $rag as an array instead of a string (which is what it is), so $rag[0] will return the first character in the string. Why is that? If we think back to C we remember that a string is simply an array of char's, and this was carried over into PHP somewhat, so treating a string as an array is perfectly feasible :)
Wednesday, August 7, 2019 Singapore-Style Food Truck Dang Good Foods to Open Restaurant in Lakewood Daniel Ang says that he drafted a five-year plan that would propel his emerging food business from concept to food truck to brick and mortar restaurant. Unbeknownst to him at the time, that five-year plan would soon condense to a five-month plan. “When something like this lands in your lap, you better take it,” Ang says. Ang is referring to a storefront space in Lakewood that will become the new home for Dang Good Foods, the food truck that he rolled out just four months ago. The space (13735 Madison Ave.), which for the past three and a half years has been home to Thai Thai, will become available this December when that popular eatery relocates to larger quarters just a couple blocks down the street. At just 15 or so seats, the shop is small, but not too small for Ang. “Many of my friends in the business told me to go big or go home,” he explains. “I say, if you go big, you definitely will go home! My mindset was, if I am going to do a restaurant, I want to start out small like this, an intimate, non-pretentious place that is all about the food.” click to enlarge Daniel Ang The menu at Dang Good Foods will build upon the dishes that Ang has been selling from the truck of the same name, what he labels “the taste of Singapore and more.” He borrows from all across Southeast Asia, with inspiration from Malaysia, Singapore and the Philippines, among others. Many of the dishes, like the popular braised pork belly steam buns, are an amalgam of family recipes. “I want to make people comfortable enough to venture outside of their comfort zone with their taste buds,” adds Ang. “I’ve noticed over the past five to seven years people getting more and more adventurous with their foods here in Northeast Ohio.” The future of the truck currently is up in the air, he reports. Look for a December opening. Sign up for Scene's weekly newsletters to get the latest on Cleveland news, things to do and places to eat delivered right to your inbox.
Why You Should Incorporate A “Cheat Day” To Your Diet If you follow @themindfultechlab on Instagram, then you know we are all about having a cheat day 🙂 When we refer to a cheat day, we basically mean a high carbohydrate day because it is hard to eat too much fat or protein – when was the last time you ate too much chicken and butter? A cheat day also means you are consuming more calories than you do on the other six days of the week. It’s when you can indulge in a food or foods that maybe aren’t 100% healthy – and that’s totally fine and good! Reasons to incorporate a cheat day… Better self control The more you try to forbid a certain food, the more you are going to crave it, and the harder it is going to be to resist. You may even find yourself over indulging in other foods just to prevent yourself from eating this food. If you tell yourself, ok, Saturday I am going to eat all the ice cream I want, this prevents you from snacking on other sweet treats throughout the week. Once you get to Saturday, you probably won’t even be able to eat that much ice cream because your body will be so sensitive to processed foods and sugar. Better workouts If you follow a very low carbohydrate diet like we do and workout daily, then this is even more reason to have a high carb cheat day. When you use up all of the stored carbohydrate in your body, your workouts can suffer. Workouts that will suffer the most are high intensity interval training exercise, because the preferred fuel source for this type of exercise is carb. Best of the best treat meals Decide what you want your treat meals to be for your cheat day, and make them good. You want pancakes? Find a restaurant that makes the best pancakes and book a reservation. Then you have this treat to look forward to all week and this will prevent you from snacking on mediocre indulgences in between. Boosts metabolism If you are eating low carb and watching what you eat and exercising most days of the week, you are likely burning more calories then you are taking in without even realizing it. Your body is smart and will get used to this lower calorie intake and will start to slow down to prevent you from burning too many calories and wasting away. By increasing the amount of calories you eat for a day, this automatically causes your body to start burning more calories to keep up with you, and in this way resets your metabolism. How to do a cheat day right… We always have a high fat and/or high protein breakfast, and then reserve cheat meals for brunch and on. This ends up limiting the cheat day to about 8 hours without even meaning to. We also make a point to exercise more on cheat day to ensure that the extra carbs and calories are being shuttled to muscle rather than fat. Exercise causes changes on the cells of muscles that make them more open to taking calories in. If you watch our Instagram stories, then you will see that we are very active on our cheat day which tends to be on Saturday. You’ll see us going for a run, doing a yoga class, and/or playing tennis. Note that a cheat day is not appropriate if you are snacking throughout the week, no matter how small the indulgence or indulgences are. Main takeaways… After a while of eating a whole food diet that is low in sugar and carbohydrates, your body will crave healthy carbs and the cheat day becomes less of a cheat with treats day and more of a day of just eating more. For example, my favorite cheat meals include sweet potato fries, banana oatmeal cookies, and sushi rolls 🙂 About the author: Sarah-Kate Rems is an Ivy-league trained Board-Certified Family Nurse Practitioner licensed in California with an expertise in preventative healthcare. She considers nutrition and exercise to be the basis of well-being and is a strong advocate for daily physical activity and maintaining a healthy diet. Sarah-Kate is also a co-founder of The Mindful Tech Lab
ABSTRACT Abnormal separation of the respiratory system from the foregut leads to the common birth defect esophageal atresia/tracheoesophageal fistula (EA/TEF) which affects 1/2,500-3000 newborns. Although the anomalycanbecorrectedwithsurgicalintervention,upto72%ofsurvivingadolescentsandadultscontinueto sufferfromrespiratoryproblemsthroughouttheirlifetime,suggestingaconnectionbetweenEA/TEFandlung abnormalities. Consistently, EA/TEF is always accompanied by abnormal lungs (e.g. lobe fusion) in animal models,althoughtheunderlyingmechanismisunknown.Werecentlyshowedthatanepithelialsaddleformed atthelung-esophagealboundarymovesupwardtosplitthelungandtracheafromtheesophagus.However, severalimportantquestionsremaintobeanswered.Howisthelunginvolvedinsaddleformationandmovement? Whatistheunderlyingcellularandmolecularmechanism?Weaimtouseacombinationoforganculture,frog, and mouse models to address these issues. Our lineage tracing data show that derivatives of respiratory progenitorcells(Nkx2.1positive)integrateintotheesophagusduringseparation.Moreover,ourpreliminarydata suggest that a unique lung epithelial progenitor subpopulation (Sox2;?Sox9;?Isl1 positive) located at the lung- esophageal boundary plays critical roles in the formation of the saddle. We further found that the loss of the transcription factor Sox2 or Isl1 in the lung progenitors, including the subpopulation, leads to EA/TEF and abnormal lungs in both frogs and mice. Interestingly, these abnormalities are accompanied by a reduction of extracellularmatrix(ECM)proteinsincludingFrasfamilymembersFras1andFrem2whichareknowntoregulate lung development. We therefore hypothesize that the Sox2/Isl1 axis regulates ECM proteins in a lung epithelialprogenitorsubpopulation(Sox2;?Sox9;?Isl1positive)thatisrequiredforrespiratory-esophageal separationandlungdevelopment.Wewilltestthehypothesiswiththreespecificaims:Aim1todeterminethe contributionofthelungepithelialprogenitorsubpopulationtothesaddleformationandrespiratory-esophageal separation;?Aim2totestthehypothesisthatSox2regulatesIsl1inthelungepithelialprogenitorsubpopulation to control respiratory-esophageal separation;? Aim3 to test the hypothesis that Isl1 regulates the separation process and lung development through ECM proteins. Notably, chromosomal deletion of the region covering ISL1 (and other genes) has been found in patients with EA/TEF. Our findings therefore will provide direct evidence and mechanistic insight into the role of Sox2/Isl1/ECM axis in the pathogenesis of this defect and associatedlungabnormalities.
Crystal structure of calcium-independent subtilisin BPN' with restored thermal stability folded without the prodomain. The three-dimensional structure of a subtilisin BPN' construct that was produced and folded without its prodomain shows the tertiary structure is nearly identical to the wild-type enzyme and not a folding intermediate. The subtilisin BPN' variant, Sbt70, was cloned and expressed in Escherichia coli without the prodomain, the 77-residue N-terminal domain that catalyzes the folding of the enzyme into its native tertiary structure. Sbt70 has the high-affinity calcium-binding loop, residues 75 to 83, deleted. Such calcium-independent forms of subtilisin BPN' refold independently while retaining high levels of activity [Bryan et al., Biochemistry, 31:4937-4945, 1992]. Sbt70 has, in addition, seven stabilizing mutations, K43N, M50F, A73L, Q206V, Y217K, N218S, Q271E, and the active site serine has been replaced with alanine to prevent autolysis. The purified Sbt70 folded spontaneously without the prodomain and crystallized at room temperature. Crystals of Sbt70 belong to space group P2(1)2(1)2(1) with unit cell parameters a = 53.5 A, b = 60.3 A, and c = 83.4 A. Comparison of the refined structure with other high-resolution structures of subtilisin BPN' establishes that the conformation of Sbt70 is essentially the same as that previously determined for other calcium-independent forms and that of other wild-type subtilisin BPN' structures, all folded in the presence of the prodomain. These findings confirm the results of previous solution studies that showed subtilisin BPN' can be refolded into a native conformation without the presence of the prodomain [Bryan et al., Biochemistry 31:4937-4945, 1992]. The structure analysis also provides the first descriptions of four stabilizing mutations, K43N, A73L, Q206V, and Q271E, and provides details of the interaction between the enzyme and the Ala-Leu-Ala-Leu tetrapeptide found in the active-site cleft.
Basement battle looms for Darmstadt and Hamburg vor 2 Stunden Summary Darmstadt 15th on eight points, Hamburg bottom with just four. The hosts have lost their last four Bundesliga outings. Hamburg still without a win all season. SV Darmstadt 98 and Hamburger SV will be desperate to get points on the board when they meet in a relegation six-pointer at the Jonathan-Heimes-Stadion am Böllenfalltor on Sunday (kick-off 15:30CET/14:30GMT). Darmstadt made a bright start at FC Schalke 04 last time out, with Marcel Heller giving them a sixth-minute lead – but hopes of a first point away from home this season were dashed as the Royal Blues ran out 3-1 winners. Die Lilien have picked up all eight of their points this season at home, and will be looking to add to that tally against rock-bottom Hamburg, who are yet to win a game at all in 2016/17. After successive defeats to RB Leipzig, Bayer 04 Leverkusen, FC Ingolstadt 04 and Schalke, Norbert Meier's men will be determined to stop the rot. Hamburg coach Markus Gisdol endured another frustrating afternoon in last Saturday's Nordderby, as his side twice led through Michael Gregoritsch before settling for a draw against rivals SV Werder Bremen. The wait for a first win this season goes on, and while Die Rothosen are only four points from safety, they could at least move off the foot of the table with victory on Sunday. After encouraging performances against TSG 1899 Hoffenheim and Bremen, Hamburg now need to break their duck, and end a dismal winless run in the Bundesliga stretching back to the final day of last season.
Microfluidic inertia enhanced phase partitioning for enriching nucleated cell populations in blood. Nucleated cells in blood like white blood cells (WBCs) and other rare cells including peripheral blood stem cells (PBSCs) and circulating tumor cells (CTCs) possess significant value for patient monitoring and clinical diagnosis. Enrichment of nucleated cells from contaminating red blood cells (RBCs) using label-free techniques without the use of antibodies or centrifugation is highly desirable to ensure minimal cell loss and activation. To accomplish this, we demonstrate proof-of-concept of a new microfluidic technique that combines aqueous phase partitioning with inertial focusing to accomplish enrichment of nucleated cells in blood. This technique exploits selective affinity of RBCs to the dextran phase (DEX) to accomplish initial separation which is amplified by inertial forces that develop in high-aspect-ratio channels. In our experiments, we spiked RBC samples with representative nucleated cells, MOLT-3 cells (human, peripheral blood, T lymphoblast cell line) and MCF-7 cells (human breast cancer cell line) in a ratio of 500 : 1 (RBCs : nucleated cells) and accomplished depletion of ~96% of RBCs while retaining ~98% of nucleated cells. Higher purity can be accomplished by subjecting the enriched nucleated cell mixture to a second pass via the same process. The second pass further enhances RBC depletion (>99% of initial concentration) whereas nucleated cells were recovered without any further loss. This technique therefore has the potential to be utilized either alone or as a sample preparation tool in the clinical and research setting for various clinical and research applications.
Welcome to the latest installment of “Over 90 Percent of What Planned Parenthood Does,” a series on Planned Parenthood Advocates of Arizona’s blog that highlights Planned Parenthood’s diverse array of services — the ones Jon Kyl doesn’t know about. I remember sitting in the exam room, fidgeting with my paper gown and nervously explaining to the doctor that my boyfriend and I had come very close to having sex already, and I would please like to be on birth control pills when it actually happened. “Sure,” he said, swinging open the stirrups. “Just as soon a we do a pelvic exam.” I didn’t want one. I really didn’t want one. While it’s common for health care providers in the United States to require or routinely perform a pelvic examination — with or without a Pap test — prior to prescribing hormonal birth control, several health organizations state that a pelvic exam isn’t necessary in order to be safely prescribed hormonal contraceptive pills, patches, shots, or rings. For instance, the American College of Obstetricians and Gynecologists advises, “A pelvic exam is not needed to get most forms of birth control from a health care provider except for the intrauterine device (IUD), diaphragm, and cervical cap.” In such cases, HOPE (Hormonal Option without Pelvic Exam) may be an appropriate alternative. This is not because pelvic examinations are unimportant in themselves, but rather because evidence-based medicine generally does not support them as a prerequisite for safely and effectively using hormonal contraception. According to the Centers for Disease Control and Prevention’s U.S. Medical Eligibility Criteria for Contraceptive Use, the main conditions that present questionable or unacceptable health risks for combined hormone contraceptives (those containing both estrogen and a progestin) are if the individual: is a smoker over age 35 has hypertension (high blood pressure) has a history of or is at increased risk for blood clots experiences migraine with aura Most progestin-only contraceptives (save the IUD, which does require a pelvic examination for safe insertion) come with fewer contraindications. Moreover, most contraindications would be found by taking a patient’s medical history and checking their blood pressure rather than via pelvic exam. This is not to suggest that one should never have a pelvic exam, or that using hormonal contraception means it’s a smart idea to ignore all other safer sex practices (including STD screening) or gynecological care. As this editorial from the American Family Physician pointed out, “Periodic Papanicolaou tests are important preventive measures but are unrelated to the use of hormonal contraception. Screening for sexually transmitted diseases also is important, but performing these tests or waiting for results should not delay a prescription for hormonal birth control.” For some people, it makes a lot of sense to choose to take care of all of these sexual health care needs at a single annual visit. However, others may have a decided incentive to decouple some of these tests and examinations from their prescription for birth control pills. For instance, one person may have never had partnered sexual contact and may be uncomfortable with the idea of a health care provider inserting fingers into their vagina. Others — such as survivors of sexual abuse or assault or people who are genderqueer and/or trans* — may find pelvic exams dissociative, traumatic, and triggering. For people in these situations, the negative consequences they experience from the exam can outweigh the benefit they’d get from it, even if one of those benefits is obtaining their annual prescription for birth control pills. In some cases, this fear and anxiety may be enough to avoid a pelvic exam at any cost, even if one result is that they forgo birth control pills, possibly ending up at increased risk for pregnancy. I know that for me, sitting in that exam room nearly two years after I was raped, having a doctor prod my genitals seemed like the worst thing that could happen to me that day. I sat through it, first because I couldn’t figure out how to say no, then because I dissociated. I did get my prescription for birth control pills. However, I didn’t see another health care provider for an “annual” exam for another four years. In that time, I made contraceptive compromises I wish I hadn’t. It’s not as simple as the trauma coming solely from that unwanted exam, of course, but I didn’t have a working relationship with a health care provider of any kind. Even now — um, 10 years later? — my annual exam is a big deal. Not “big” as in, “You know, scheduling time off work is really annoying, and the process is a little awkward and uncomfortable.” But “big” as in, “Is this going to be the time when I dissociate or end up sobbing on the exam table?” I haven’t actually done either of those in years, but each pelvic exam leaves me feeling like those responses are never very far away. I wish I’d heard about HOPE then. I wish I’d known to ask — or that my health care provider had known to offer. If you’re interested in learning more about the possibility of obtaining hormonal contraception without a pelvic exam, you can contact your local Planned Parenthood health center to see whether they offer the service. According to queer.williams.edu, “Trans can be used as an umbrella term for people who transgress or transcend our normative notions of gender. This term includes but is not limited to those who identify as transgender, transsexual, bigender, gender queer, gender fluid, two spirit, cross dressers, and gender benders.”
Badminton String No. 1 [BLACK] AXJJ018-3[AXJJ018-3] Single roll for one badminton racket - 10m / 33’. Extensively used by top international players. Super thin 0.65mm diameter badminton string that provides industry leading repulsion power and crisp, clear hitting sounds. A combination of heat-resistant, high intensity fabric materials along with a unique Li-Ning 3D KINT technology makes the string more durable than other leading brands of 0.65mm string. Crisp, clean hitting sounds and feel. SPECIFICATIONS CORE: Heat-Resistant, High Intensity Nylon Multifilament OUTER: Heat-Resistant, High Intensity Nylon DIAMETER: 0.65mm DURABILITY: 7/10 REPULSION POWER: 10/10 CONTROL: 8/10 HITTING SOUND: 9/10 SHOCK ABSORPTION: 7/10 This 0.65mm badminton string is said to be one of the best, if not the best on the market!
Jumanji, Rhino ILM Model Display with Info Sheet original production material A 3D rhino display and information sheet from Joe Johnston's 1995 adventure film, Jumanji. When two children encounter a mysterious board game, they are thrust into a decades old adventure where the dangers amount until the game is completed. This rhino was sculpted and cast by the Industrial Light and Magic model shop, however the sculpt was abandoned during production, at which point it was taken home by one of the model makers to be finished as a personal project. The rhino has been mounted to a wet roadway display that was also created by ILM, and is encased in a clear plexi cover. Paired with the rhino display is a framed informational card showing the poster on one side, and further details regarding the rhinos creation on the back. This lot shows repair work and restoration, but remains in otherwise very good condition. Item size - 36.0" x 16.5" x 21.5" (91.44cm x 41.91cm x 54.61cm)
Development of rapid light-chain deposition disease in hepatic arteries with severe ischemic cholangitis in a multiple myeloma patient treated with melphalan, prednisone and lenalidomide. Light-chain deposition disease (LCDD) is a multisystemic disorder associated with plasma cell dyscrasias and multiple myeloma. It is histologically characterized by the deposition of a homogeneous, in electron microscopy granular, slightly eosinophilic material showing positivity usually for kappa light chains. In contrast to AL-amyloidosis, the material is negative for Congo red. LCDD mainly involves the kidneys as the predominant organ manifestation resulting in a nephrotic syndrome. However, involvement of other tissues such as liver and heart have been described. Here we report a case of severe ischemic cholangitis in a patient with multiple myeloma receiving chemotherapy with melphalan, prednisone, and lenalidomide. Histopathological analysis revealed LCDD of the hepatic arteries as the underlying cause. This is to our knowledge the first case of LCDD of terminal liver arteries as a cause of intrahepatic ischemic cholangitis.
Activated mammalian target of rapamycin pathway in the pathogenesis of tuberous sclerosis complex renal tumors. Disruption of the TSC1 or TSC2 gene leads to the development of tumors in multiple organs, most commonly affecting the kidney, brain, lung, and heart. Recent genetic and biochemical studies have identified a role for the tuberous sclerosis gene products in phosphoinositide 3-kinase signaling. On growth factor stimulation, tuberin, the TSC2 protein, is phosphorylated by Akt, thereby releasing its inhibitory effects on p70S6K. Here we demonstrate that primary tumors from tuberous sclerosis complex (TSC) patients and the Eker rat model of TSC expressed elevated levels of phosphorylated mammalian target of rapamycin (mTOR) and its effectors: p70S6K, S6 ribosomal protein, 4E-BP1, and eIF4G. In the Eker rat, short-term inhibition of mTOR by rapamycin was associated with a significant tumor response, including induction of apoptosis and reduction in cell proliferation. Surprisingly, these changes were not accompanied by significant alteration in cyclin D1 and p27 levels. Our data provide in vivo evidence that the mTOR pathway is aberrantly activated in TSC renal pathology and that treatment with rapamycin appears effective in the preclinical setting.
Suprasellar germinomas in childhood and adolescence: diagnostic pitfalls. The clinical and neuro-endocrine data of seven young male patients with suprasellar germinomas seen between 1984 and 1992 are reported. The most common initial symptom was 'idiopathic' central diabetes insipidus (DI), which occurred in all seven patients. The time interval between the appearance of this first clinical sign and the definitive diagnosis of a suprasellar germinoma ranged from 3 to 66 months. Raised prolactin levels and growth hormone deficiency were indicators of a process located in the hypothalamic-pituitary region. An increased beta-HCG level in the serum or the CSF confirmed the diagnostic suspicion of a germinoma and was helpful as a tumor marker in follow-up. Neuro-radiologic studies (CT or MRI) were also disappointing in the early stage when patients presented only with DI. Later on, as patients developed additional symptoms or signs related to the tumor, imaging studies were positive. Given the variable rate of tumor progression, the nonspecific early signs of hypothalamic-pituitary dysfunction (DI) as well as the often negative early imaging studies, the diagnosis of suprasellar germinoma is difficult but should always be considered in the presence of so-called 'idiopathic' central DI. Repeated brain MRIs are mandatory in young patients with idiopathic DI in order not to miss an underlying suprasellar germinoma.
Ethereum Classic Phoenix I was first exposed to Ethereum a few weeks after it went online, fascinated by the concept of smart contracts on a blockchain. The interface used to build a smart contract seemed very interesting to me and I kept imagining the possibilities of a world where we can run decentralized applications that can make our daily life more efficient. Ethereum Classic came into the picture for me right around the DAO hack and I followed it after the blockchain split, believing more in the values of the immutability of the blockchain. I’ve been a part of the ETC community ever since. I wanted to build a smart contract for Ethereum Classic to better learn about how it works. For this guide, I will set out to build a simple Trademark Registration smart contract. The purpose of the smart contract is for a user to be able to look up registered trademarks, and if one isn’t registered, be able to register one. A user can also look up who is the author of a registered trademark. Sounds pretty straightforward, let’s get started! NOTE: This guide assumes some basic knowledge of the blockchain and smart contracts on the EVM. For a refresher, check out this guide. For my local set up, I want to use the Truffle suite. It allows for local testing, deployment, and debugging of smart contracts all from your favorite terminal emulator. We also need a client for connecting to the network. For simplicity’s sake, we will use ganache-cli here. First, we have to install ganache and run it: $ npm install -g ganache-cli $ ganache-cli When you run ganache-cli , it will run an Ethereum client locally which helps build Ethereum applications much faster. Keep ganache-cli running in one terminal window for now. Note the port and host it connects to in the terminal window: Listening on 127.0.0.1:8545 net_version eth_accounts Great, we have an Ethereum client running locally! Now, let’s build our project environment. We start by making a directory and initializing truffle: $ npm install -g truffle $ mkdir trademark-contract && cd trademark-contract $ truffle init Great, now we have a truffle setup in our project. Let’s make sure our truffle project can listen to the ganache client that we are running. You can use your favorite IDE or text editor to code, I’ll be using vim here. $ vim truffle.js Inside the file, replace everything with the following code: module.exports = { networks: { development: { host: “localhost”, port: 8545, network_id: “*”, } } }; The port we specified and the host are what’s given to us in the output of running ganache-cli earlier. We will test that it is working by running the following: $ truffle console truffle(development)> If it works, you should see truffle(development)> in your terminal. Type .exit to exit the truffle development console. Now that our environment is all set up, let’s get started with building our smart contract! For this project, we will be coding our smart contract in Solidity, the lingua franca of smart contracts. NOTE: For deployment to ETC, we must only compile with Solidity versions below 0.4.2 . When you install Truffle, it installs the latest Solidity version, which we won’t be able to deploy to ETC. For simplicity’s sake, I will demonstrate how to code and test our smart contract in Truffle and then modify the version of Solidity after and deploy it to Ethereum Classic chain. For our smart contract, we want to build a simple Trademark Registration contract. The contract must be able to look up whether a trademark is registered, be able to register a trademark if one isn’t taken along with the author of the smart contract, as well return back any information about a registered trademark. The code for this smart contract is found on this GitHub repository. We start off by writing out the smart contract version for solidity: pragma solidity ^0.4.19; NOTE: Here, we add the ^ to specify a Solidity version of 0.4.19 or higher in order for Truffle to compile with its higher version. When compiling for Ethereum Classic later, we will need to remove the ^ . We then add the skeleton code for our smart contract: contract TradeMarkRegistration {} Great, we have an empty contract so far. Now let’s think about what we want to build inside it. We will need a struct for our TradeMark that can register the phrase , authorName , timestamp , and proof of the TradeMark. Inside the contract curly brackets, we build it out: struct TradeMark { string phrase; string authorName; uint256 timestamp; bytes32 proof; } We then need to build mappings of the proof of the phrase to whether it exists in our mapping. We also need to build a mapping of the proof of the phrase to its TradeMark struct. We also need 2 functions, one for checking if a trademark is registered in our mapping, and another to generate a proof for our phrase. For the proof function, we will simply use a sha256 hash generator. mapping (bytes32 => bool) private trademarkLookup; mapping (bytes32 => TradeMark) public trademarkRegistry; function checkTradeMark(string phrase) constant returns (bool) { bytes32 proof = phraseProof(phrase); return trademarkLookup[proof]; } function phraseProof(string phrase) constant returns (bytes32) { return sha256(phrase); } The functions here are straightforward. checkTradeMark first generates a proof of a phrase passed to it then looks to see if it’s stored in the trademarkLookup mapping and returns a boolean. phraseProof hashes the phrase with the sha256 hash function. Also, notice the constant near returns for those functions. This means that the function shouldn’t change the state of the blockchain or contract (and not use gas at all) but just do simple tasks that are static like generate a hash or do a simple lookup. Now, let’s build the trademark registration function: function registerTradeMark(string document, string author) returns (bool) { if (checkTradeMark(document) == false) { bytes32 proofHash = phraseProof(document); TradeMark memory trademark = TradeMark({ phrase: document, authorName: author, timestamp: now, proof: proofHash }); trademarkLookup[proofHash] = true; trademarkRegistry[proofHash] = trademark; return true; } return false; } This function simply gets back the data of a registered trademark and returns it from the struct constructed. Great, we have our smart contract built! Now, let’s compile it and deploy it. In terminal, we run from inside the directory: $ truffle compile Compiling TradeMarkRegistration.sol... Compiling Migrations.sol... Writing artifacts to ./build/contracts If you see a bunch of warnings pop up when compiling, they’re safe to ignore for now. Now, let’s migrate our contract: $ truffle migrate Using network 'development'. Running migration: 1_initial_migration.js Deploying Migrations... ... 0x67927682a4f832b72fbce053fc90f55249f41c4ae50af65ef537e134ca4fc43c Migrations: 0xc85fa4542d77675b4e05253456cbd3d579f5e4de Deploying TrademarkRegistration... ... 0x26ac51700167a9ed91ced3f21f54c6ec4d5250cce8e9f647229903a9f15aea52 TrademarkRegistration: 0x2552fd4d9736ab3e147deb7e87b82758c87a3aa6 Saving successful migration to network... ... 0x1430e29094b1281ee0468b6132fa2b14e88c017239831aa10cd56e3233444e6b Saving artifacts... Running migration: 2_deploy_contracts.js Replacing TrademarkRegistration... ... 0x671942c306680d3d788852f8797a5521c8558057e19d9a948d0d9c1b711e1ddd TrademarkRegistration: 0x50c74ff65ccd8a12c8e4757a3268671ec67918cf Saving successful migration to network... ... 0xaecd9a087edf24b70c1a1963e00ffded813b4244bae5383203422e9f1e46fd45 Saving artifacts... Great, we have deployed our smart contract to our local client. Now, let’s interact with it and see if it works as intended. $ truffle console truffle(development)> We will call our smart contract by creating a var that references to its address: truffle(development)> var trademark = TrademarkRegistration.at(TrademarkRegistration.address) undefined truffle(development)> trademark.address '0x50c74ff65ccd8a12c8e4757a3268671ec67918cf' Sweet, we have the address of our smart contract. Now, we will call the functions and test out a trademark phrase. My trademark phrase for this example is: “ETC Take My Energy” and the author is “ETC Community”. We first call the checkTradeMark function: truffle(development)> trademark.checkTradeMark("ETC Take My Energy") false It returns a false boolean as expected since we haven’t registered the trademark yet. Let’s proceed with doing that: truffle(development)> trademark.registerTradeMark("ETC Take My Energy", "ETC Community") { tx: '0x58ced570617bea3b210a7a914f749777e1f95c4c212551ca54a2cb0617f88895', receipt: { transactionHash: '0x58ced570617bea3b210a7a914f749777e1f95c4c212551ca54a2cb0617f88895', transactionIndex: 0, blockHash: '0x26cadc9a227dd7edea0b1ed72dfdcfa3b99e9c409cbc4c14d5a3fd451084b972', blockNumber: 6, gasUsed: 129690, cumulativeGasUsed: 129690, contractAddress: null, logs: [], status: '0x1', logsBloom: '0x00000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000' }, logs: [] } Because our registerTradeMark uses gas for registering a trademark, it results in a transaction output on our console just like if you were using gas on a production blockchain. Now, let’s test to see if our trademark is registered: truffle(development)> trademark.checkTradeMark("ETC Take My Energy") true It shows now as registered. What if we want to get back data on the registration of our trademark? We will use the getTradeMarkData function: truffle(development)> trademark.getTradeMarkData("ETC Take My Energy") [ 'ETC Take My Energy', 'ETC Community', { [String: '1536767522'] s: 1, e: 9, c: [ 1536767522 ] }, '0xf162b3f6c83d920f6ec6ee44bbede159c4c384c3efe1ad58ca209ad3441dbb26' ] This shows the struct returned back to us with the phrase, author, timestamp, and proof of the phrase. Great, it works! Now, let’s recompile this smart contract for ETC. Remember before when I mentioned that ETC can run Solidity contracts lower than 0.4.2? We change the code at the beginning of the smart contract file to be this: pragma solidity 0.4.19; This tells solidity that we only want to compile with this version, not a higher version (by omitting the ^ ) Ok, now we will need to head over to this web IDE for an easy compilation tool for Solidity. Inside the browser here, we will paste our solidity code here: On the right-hand side, we click on Settings and select 0.4.19+commit.c4cbbb05 from the Solidity version dropdown as shown here: This tells the site which compiler to use to compile our smart contract. We then click on compile to start compiling here: After compilation, click on the button Details . A popup will appear with relevant information that we need. We need 2 things, the bytecode generated and the ABI JSON code. For the bytecode, we need to copy-paste what’s inside the “object” key. We then go on over to MyCrypto to deploy. NOTE: Since we are going to be deploying to our ETC Blockchain, I will assume you already have an Ethereum Classic wallet with ETC currency on it and you have used MyCrypto before. Inside the Contracts tab in MyCrypto, select the Deploy tab in order to deploy. Copy paste the bytecode into the text area element as shown here: Then, select Deploy Contract button in order to deploy. It’ll ask you to sign the transaction, which you can do via a hardware wallet or your private key. Note that deployment also costs gas, so make sure you got ETC in your wallet for deployment. Once you deploy, you’ll be shown the transaction and contract address as shown here: Make sure you copy paste the address since you’ll need it to interact with your smart contract. For now, give yourself a mini-pat on the back as you’ve deployed a contract to Ethereum Classic chain! Let’s start registering a trademark on our immutable blockchain. Go back to MyCrypto->Contracts. Select the Interact tab. Inside that tab, there are a few options that you need to fill out. First is the Contract Address, which you’ll need to paste in the contract address you saved earlier after you deployed your smart contract. Then, you need to copy paste the ABI JSON we discussed earlier into the text area. ABI JSON provides an easy interface one can use to interact with their smart contract. It was generated back in our solidity-browser step when we compiled our contract. You can copy it by selecting the copy button here: Go ahead and paste it inside the text area like this: Now, when you click on Access , it will generate an interface for you to interact with your smart contract as shown below: If we select checkTradeMark from our dropdown, we will be presented with an input for phrase string where we can check on our trademark. Let’s type “ETC Take My Energy“ into it and see what it returns: It returns a false since we haven’t registered that trademark on our Ethereum Classic chain. Let’s register it then. Select registerTradeMark from the dropdown, and fill the phrase as “ETC Take My Energy” and author as “ETC Community” as shown below: Now, we write the command, being prompted to sign our transaction. After doing so (with your private key or hardware wallet), you’ll be able to send the transaction. Once the transaction is sent, you can see it on gas tracker and know when it’s being confirmed. Once it is confirmed, we can go back to MyCrypto and check to see if our trademark is registered. Using the function checkTradeMark , we see if it’s registered: It returns true! Congratulations, you just registered your first trademark on Ethereum Classic chain! Now, let’s get data back about our trademark using getTradeMarkData : Great, we see the authorName , timestamp , and proof . That’s awesome. We can expand this smart contract further in the future by building a friendly UI on a web app for it. For now, hope you enjoyed this guide.
Transient Receptor Potential (TRP) channels have been the intense focus of research since the first member was cloned in 1989[@b1]. Despite these efforts, the structural and mechanistic basis of TRP channel function remains poorly understood, in part because we currently have limited high resolution structural information on these channels[@b2]. In addition, TRP channels are modulated by a vast array of ligands possessing disparate physical and chemical characteristics, making it difficult to localize their binding sites and establish their mechanisms of activation. For example, TRPV1 is activated by stimuli as diverse as voltage, heat, protons, vanilloid compounds such as capsaicin and resiniferatoxin (RTX), and peptide toxins such as the double-knot toxin (DkTx) and vanillotoxins[@b3][@b4][@b5][@b6]. Another thermosensitive TRP channel, TRPM8, is activated by voltage, cold, and the small organic compounds, menthol and icilin[@b7]. How such a vast array of stimuli can activate these channels remains fascinating and poorly understood. Mutagenesis- and chimera-based approaches have identified regions of these channels that play critical roles in channel activation. For example, these approaches have been used to identify residues in TRPV1 that are critical for its activation by ligands such as capsaicin[@b8][@b9], RTX[@b9][@b10], DkTx[@b11], temperature[@b12][@b13][@b14] and pH[@b15]. Similar studies on TRPM8 have identified channel residues that are important for its activation by voltage[@b16] and its chemical agonists, icilin[@b17] and menthol[@b18]. Although this information is extremely valuable, it remains a challenge to discern whether the residues identified are directly involved in ligand binding or whether they influence an allosteric transition involved in channel gating. This task is especially non-trivial in the context of TRP channels because the gating elements in these channels remain largely unidentified. In attempting to understand the principles underlying the activation of TRP channels, we sought to draw on our knowledge of voltage-activated potassium (Kv) channels, a family of ion channels that have been subject to extensive biophysical and structural investigation[@b19]. Several lines of evidence suggest that Kv channels and TRP channels may exhibit structural and functional similarities. First, members of both these channel families possess tetrameric architectures where each monomer consists of six transmembrane segments (S1--S6) with the S5--S6 region forming the pore ([Fig. 1](#f1){ref-type="fig"})[@b3][@b5][@b6][@b19][@b20]. Second, both TRP and Kv channels display pharmacological similarities, such as modulation by isostructural cystine knot peptide toxins---Kv channels are inhibited by voltage sensor-binding toxins[@b19][@b21], and TRPV1 is activated by double-knot toxin (DkTx)[@b11][@b22] and vanillotoxins[@b23]. Indeed, individual vanillotoxins have been reported to cross-react with TRPV1 and Kv2.1[@b23]. Another TRP channel, TRPA1, is activated by the tarantula toxin, GsMtx-4[@b24]. An additional pharmacological similarity between TRP and Kv channels is that members of both families are inhibited by internal quaternary ammonium ions[@b25][@b26][@b27]. A third line of evidence supporting similarities between TRP channels and Kv channels is that residues important for ligand-modulation of these channels map to similar regions. For example, residues in the S3--S4 region of TRPV1 ([Fig. 2](#f2){ref-type="fig"}, green residues) play important roles in its activation by capsaicin and RTX[@b9][@b10], and several S3 and S4 residues of TRPM8 are important for menthol and icilin-sensitivity of the channel[@b16][@b18] ([Fig. 2](#f2){ref-type="fig"}, orange and blue residues, respectively). These regions overlap with the receptor for voltage sensor-targeting toxins in Kv channels---the S3b--S4 "paddle" ([Fig. 1b](#f1){ref-type="fig"}; [Fig. 2](#f2){ref-type="fig"}, gray highlighted region), a helix-turn-helix motif that moves in response to changes in membrane voltage to drive opening of the channel[@b19][@b28][@b29][@b30][@b31][@b32][@b33][@b34][@b35]. Fourth, charge-neutralizing mutations of positively charged residues in the S4 helix of TRPM8 have been shown to reduce the amount of charge that moves during voltage-activation of the channel[@b16], suggesting that this TRP channel\'s S4 helix may function as a voltage sensor, similar to what has been established in Kv channels[@b19][@b36][@b37][@b38]. Finally, studies on TRPV1[@b26][@b39] demonstrate that the internal pore is formed by S6 and that it opens and closes in response to capsaicin or voltage, paralleling the evidence for the S6 region of Kv channels forming the pore and serving as a gate that limits the flow of ions in the closed states[@b40]. Collectively, these intriguing observations support the idea that the transmembrane regions of TRP channels and Kv channels may have similar structures and that their mechanisms of gating may be related. In the present study we explored the relationships between TRP channels and Kv channels using a chimera approach to determine whether structural motifs can be transferred between the two families of cation channels without disrupting function. Our efforts were motivated by previous chimera studies on a range of distantly related voltage-activated ion channels and voltage sensing proteins that have provided valuable information on structural relationships and in defining domains or motifs that serve specific functions[@b32][@b34][@b41][@b42]. Results ======= We decided to focus our efforts on the Kv2.1 channel and on two TRP channels, TRPV1 and TRPM8. We chose Kv2.1 because the gating properties of this Kv channel can be modulated by an array of peptide toxins that interact with the S1--S4 voltage-sensing domain[@b21], and because earlier studies have successfully used this channel to generate chimeras with other voltage-activated cation channels and voltage-sensitive proteins[@b32][@b34]. Our choice of TRPV1 was motivated by the availability of a large number of pharmacological tools targeting this channel, including vanilloid compounds and DkTx[@b4][@b6][@b11][@b22]. TRPM8 was an obvious choice for our studies because an earlier report suggested similar voltage-sensing mechanisms in this channel and Kv channels[@b16]. [Fig. 2](#f2){ref-type="fig"} shows the primary sequence alignment used to generate chimeras, covering the S1-S6 transmembrane segments of TRPV1, TRPM8 and Kv2.1, along with a variety of other tetrameric cation channels and voltage-sensitive proteins, including those for which X-ray structures are available[@b20][@b28][@b43][@b44][@b45]. [Fig. 3](#f3){ref-type="fig"} summarizes all 50 chimeras that we generated, and provides the specific boundaries for regions within the S1--S6 segments that were transferred between Kv2.1 and either TRPV1 or TRPM8. Unless otherwise stated, channel constructs were investigated by injecting cRNA into oocytes and performing two-electrode voltage clamp recordings to investigate their functional properties. S3-S4 chimeras between TRPM8 and Kv2.1 -------------------------------------- The S3b--S4 paddle motif in Kv channels is extremely tolerant to protein engineering because it is relatively structurally unconstrained, making few contacts with other parts of the protein[@b20][@b28][@b29][@b32][@b34][@b43]. Indeed, in earlier work, the paddle region of Kv2.1 was replaced by the paddle regions of other voltage-gated channels such as the prokaryotic Kv channel, KvAP, Nav channels, the voltage-activated proton channel Hv1, and the voltage-sensitive phosphatase Ci-VSP, without destruction of voltage-activation and with concomitant transfer of pharmacology[@b32][@b34]. Due to its functional and pharmacological importance, and its tolerance to replacement, we first focused on making chimeras by replacing the paddle region of Kv2.1 with the corresponding regions of TRPV1 and TRPM8. We generated twelve chimeras in which different portions of the Kv2.1 paddle were replaced with portions of the putative S3--S4 region of TRPM8 ([Fig. 3d](#f3){ref-type="fig"}; 1--12M8Kv). Seven of these chimeras gave rise to functional channels ([Fig. 3d](#f3){ref-type="fig"}; green dots) that were activated by membrane depolarization and that were sensitive to the selective Kv channel blocker, agitoxin2[@b46]. The voltage-activated currents observed for these chimeras exhibited a reversal potential of \~−20 mV, consistent with the expected value for K^+^−selective channels for the recording solution we used. All of these functional chimeras involved replacing regions within and immediately N-terminal to the paddle region (2M8Kv, 3M8Kv, 5M8Kv, 7M8Kv, 8M8Kv, 11M8Kv, and 12M8Kv), whereas those that failed to form functional channels (1M8Kv, 4M8Kv, 6M8Kv, 9M8Kv, and 10M8Kv) involved the transfer of regions extending beyond previously defined boundaries of the paddle motif[@b32]. Two of the largest functional paddle chimeras were 8M8Kv, a construct in which 31 residues of the paddle were replaced by 34 residues of TRPM8, and 3M8Kv, a construct in which 37 residues of Kv2.1 were replaced by 40 residues of TRPM8 ([Fig. 4a](#f4){ref-type="fig"}). Although both of these chimeras were activated by membrane depolarization, their gating characteristics were different from those of Kv2.1. Indeed, both the chimeras exhibited much slower rates of activation and deactivation ([Fig. 4b, c, and d](#f4){ref-type="fig"}; note differences in scale bars) and their conductance-voltage (G--V) relations had much shallower slopes compared to that of Kv2.1 ([Fig. 4e](#f4){ref-type="fig"}). Fitting of a Boltzmann function to the G--V data for 3M8Kv and 8M8Kv yielded slopes (z) of 1.5 and 1.7, respectively, as compared to 3.2 for Kv2.1 ([Fig. 4e](#f4){ref-type="fig"}; [Table 1](#t1){ref-type="table"}). One possible explanation for the reduced z values of these chimeras is that the three outer arginine residues in the S4 helix of Kv2.1 were replaced by only one positively charged residue in the transplanted region of TRPM8 ([Fig. 4a](#f4){ref-type="fig"}). The energetics of gating were also perturbed in these chimeras; whereas 8M8Kv could be activated by a voltage stimulus lower than that required to activate Kv2.1, 3M8Kv required stronger depolarizations to elicit voltage-activated currents ([Fig. 4e](#f4){ref-type="fig"}; [Table 1](#t1){ref-type="table"}). The large rightward shift of the G--V relationship of 3M8Kv precludes utilization of agitoxin2 to subtract background currents because the toxin unbinds at the higher voltages required to activate this chimera. Interestingly, this chimera remains constitutively open and cannot be closed entirely by membrane hyperpolarization, giving rise to a steady holding current ([Fig. 4d and f](#f4){ref-type="fig"}) and non-zero conductance values at negative voltages (G--V plot in [Fig. 4e](#f4){ref-type="fig"}). To verify that this holding current arises from the chimera, we applied agitoxin2 and observed that the holding current was reduced to negligible values (not shown). In addition to playing important roles in sensing voltage, the S4 helix of TRPM8 is thought to be important for menthol sensitivity[@b16], raising the possibility that the transferred region of TRPM8 may confer ligand sensitivity to the chimeras. We therefore examined the sensitivity of the functional chimeras to menthol and in each case external application of the TRPM8 agonist was without effect. Voltage-activated currents before and after menthol treatment for our largest paddle chimera, 3M8Kv, are depicted in [Fig. 4f](#f4){ref-type="fig"}. If the S4 helix of TRPM8 serves as the voltage sensor of TRPM8, we might expect a TRPM8 variant containing a larger number of positively charged residues to display steeper voltage-dependent gating. To explore this idea, we replaced portions of the S4 helix of TRPM8 (which has 2 Arg and 1 His) with those of the S4 helix of Kv2.1 (which has 6 positively charged residues). The chimera replacing the largest portion of the S4 helix in TRPM8 added one Arg residue, one Lys residue, and replaced a His with an Arg residue. However, all chimeras involving replacement of S3--S4 regions of TRPM8 with segments of the Kv2.1 paddle failed to give rise to either voltage- or menthol-activated currents (chimeras 1-4KvM8; [Fig. 3](#f3){ref-type="fig"}). S3--S4 chimeras between TRPV1 and Kv2.1 --------------------------------------- The sequence similarity between TRPV1 and Kv2.1 in the S3--S4 region is lower than that between TRPM8 and Kv2.1 (22% compared to 31%). Consequently, there are several alignments with similar homology that can be constructed between Kv2.1 and TRPV1. We therefore explored two alignments in the S3--S4 region to design chimeras between TRPV1 and Kv2.1 ([Fig. 3a,b](#f3){ref-type="fig"}; [5a](#f5){ref-type="fig"}). In the first, the loop between the S3 and S4 helices of TRPV1 is longer than in the alternate alignment. Chimeras generated using both alignments gave rise to functional channels (2V1Kv, 5V1Kv, and 6V1Kv), with the exception of 1V1Kv. In contrast, when the same portion of the Kv2.1 paddle was replaced by the S3--S4 region of TRPV1 using the alternate alignment to generate chimera 5V1Kv, a functional Kv channel was obtained ([Fig. 5d and e](#f5){ref-type="fig"}), suggesting that the transferred region in this case was more compatible with the structure of Kv2.1 than for 1V1Kv. Similar to what was observed for the chimeras between Kv2.1 and TRPM8 discussed above, all functional chimeras were sensitive to agitoxin2, and had a reversal potential of \~−20 mV. Several of the functional paddle chimeras exhibited constitutive activity and could not be fully closed with membrane hyperpolarization even though they retained some voltage-sensitivity (for example, 2V1Kv and 6V1Kv; [Fig. 5b, c, and e](#f5){ref-type="fig"}), resembling the 3M8Kv chimera discussed earlier. All these chimeras exhibit altered G--V relations, with slopes much lower than observed for Kv2.1 ([Fig. 5e](#f5){ref-type="fig"}; [Table 1](#t1){ref-type="table"}). In the case of the 6V1Kv chimera, the G--V relation is so shallow and complex that it cannot be well-defined with a single Boltzmann function ([Fig. 5e](#f5){ref-type="fig"}). Residues in the S3--S4 region of TRPV1 shown in green in [Fig. 5a](#f5){ref-type="fig"} have been demonstrated to be important for activation of the channel by capsaicin and RTX[@b9][@b10]. If these residues contribute to forming the receptor for these ligands, transferring the S3--S4 region of TRPV1 into Kv2.1 might render the chimeras sensitive to capsaicin. However, the largest of these chimeras (5V1Kv) was not sensitive to high concentrations of capsaicin even though it gave rise to robust voltage-activated currents ([Fig. 5f](#f5){ref-type="fig"}). Similar to what we observed with TRPM8 chimeras, all reverse chimeras where portions of the S3--S4 region of TRPV1 were replaced by those of the Kv2.1 paddle failed to give rise to either voltage- or capsaicin-activated currents (1--4KvV1, [Fig. 3](#f3){ref-type="fig"}). Previous studies suggest that capsaicin binds to the internal regions between the S2 and S3 helices of TRPV1[@b8]. If this idea is correct, the lack of capsaicin sensitivity of the S3--S4 chimeras 2V1K, 5V1Kv, and 6V1Kv is not surprising as they do not contain any portion of the S2--S3 linker region of TRPV1. In an effort to render the Kv channel sensitive to capsaicin, we swapped the internal regions of the S2 and S3 helices in Kv2.1 with those of TRPV1 to generate the 8V1Kv chimera ([Fig. 3](#f3){ref-type="fig"}). This chimera did not give rise to either voltage- or capsaicin-activated currents, suggesting that it is non-functional. S1--S4 chimeras --------------- The S1--S4 domain of Kv channels can be transferred to channels that are not voltage-activated, endowing them with voltage-sensitivity[@b41][@b42], demonstrating that the voltage sensor is an independent modular domain. Moreover, other voltage sensing proteins have been discovered that contain an S1--S4 domain without a separate pore domain, such as Ci-VSP[@b47], and Hv1[@b48][@b49]. Taken together, these observations suggest that nature utilizes the S1--S4 domain as a general scaffold to sense voltage. To test whether the S1--S4 regions of TRP channels have similar modular characteristics, we swapped the S1--S4 of TRPV1 and TRPM8 with that of Kv2.1, and also generated the reverse chimeras. All these chimeras (13M8Kv, 14M8Kv, 9V1Kv, 10V1Kv, 5KvM8, 6KvM8, 5KvV1 and 6KvV1 depicted in [Fig. 3](#f3){ref-type="fig"}) did not give rise to voltage- or ligand-activated currents and were judged to be non-functional. We reasoned that these chimeras may have disrupted critical interactions between the S1 helix and pore helices of Kv2.1[@b50], resulting in a loss of channel function. To address this possibility, we created several S2--S4 chimeras, all of which were also non-functional (chimeras 15M8Kv, 11V1Kv, 7KvM8, and 7KvV1). S5--S6 pore chimeras -------------------- In addition to serving as the ion permeation pathway, the pore region of TRP channels plays critical roles in channel gating and pharmacology. For example, the outer pore domains of TRPV1[@b13] and TRPV3[@b51] have been implicated in temperature sensing, and DkTx and the vanillotoxins are believed to activate TRPV1 by binding to its pore region[@b11][@b22][@b23]. Motivated by the putative functional importance of the pore domain in TRP channel function, we replaced the S5--S6 pore region of Kv2.1 with the pore regions of TRPV1 and TRPM8 (chimeras 16--18M8Kv and 12--14V1Kv; [Fig. 3](#f3){ref-type="fig"}). We also generated the reverse chimeras (8--9KvM8 and 8--9KvV1; [Fig. 3](#f3){ref-type="fig"}) where the pore regions of TRPV1 and TRPM8 were replaced by the Kv2.1 pore domain. However, none of these chimeras gave rise to voltage-activated currents, even for 17M8Kv, 18M8Kv, 13V1Kv and 14V1Kv, where the boundaries of the transferred region should not disrupt critical interactions between the S4--S5 linker and S6 helix defined for Kv channels[@b41][@b42]. We also investigated the DkTx-sensitivity of the three chimeras where the pore domain of Kv2.1 was replaced by that of TRPV1 (12--14V1Kv), but in each instance we could not observe measurable currents in response to application of 1 μM DkTx to the external recording solution, even when testing over a wide range of membrane voltages. Because heterologous expression of TRPV1 is more efficient in mammalian cells compared to oocytes, we transfected HEK-293 cells with a few of the chimeras (4KvV1, 5KvV1, 8KvV1, and 12V1Kv) and used whole-cell patch clamp recordings to look for evidence of functional channels. In these experiments, none of the chimeras gave rise to voltage-, capsaicin- or DkTx-activated currents that were distinguishable from non-transfected cells, confirming that they are non-functional. Discussion ========== The primary objective of the present study was to establish structural relationships between TRP channels, for which little structural information is available, and Kv channels, for which a variety of X-ray structures have been solved[@b20][@b28][@b43]. One of the interesting findings in the present study is that transfer of S3--S4 regions of TRPV1 and TRPM8 into the paddle motif of Kv2.1 resulted in functional voltage-activated channels ([Fig. 3](#f3){ref-type="fig"}, [4](#f4){ref-type="fig"}, and [5](#f5){ref-type="fig"}), even though this region of Kv2.1 and the two TRP channels has low sequence homology. When compared to the other "paddle chimeras" that have been generated and tested[@b32][@b34], our constructs possess the lowest sequence homology between the two proteins within the transferred region. Indeed, TRPM8 and Kv2.1 have a sequence similarity of 31% in the paddle region and TRPV1 and Kv2.1 have a sequence similarity of 22%, as compared to 40--45% between KvAP, Hv1, Nav2.1, Ci-VSP and Kv2.1. Our results strengthen the notion that Kv channel paddles lie in a remarkably unconstrained environment and probably make few critical contacts with the rest of the protein[@b19][@b20][@b28][@b30][@b32][@b34][@b52]. One interesting feature of several of the present paddle chimeras is that they displayed constitutive activity at negative membrane voltages ([Fig. 4](#f4){ref-type="fig"}, [5](#f5){ref-type="fig"}). Constitutive activity has been observed in Kv channels with mutations in the S4--S5 linker or S6 helices, implicating those regions in coupling voltage-sensor movement and opening/closing of the internal S6 gate[@b41][@b42][@b53]. Constitutive activity has also been observed in the Shaker Kv channel, where multiple S4 arginine residues of the channel were neutralized and a voltage-independent conductance was observed[@b54]. In that case constitutive activity was only observed when three of the outer four arginine residues were neutralized at the R1, R2 and R4 positions, whereas our constitutively activated chimeras involved neutralization of R2 or R2 and R3. Kv2.1 already contains a glutamine at the R1 position, but has two additional arginine residues N-terminal to the canonical S4 arginine residues, both of which are neutralized in our constitutively active chimeras. Our chimeras also contain many other mutations in the transferred region, making it difficult to ascribe the constitutively activity to arginine neutralizations per se. Nevertheless, these collective results demonstrate that mutations in the voltage sensors, in addition to the S4--S5 linker and S6 gate can influence the coupling mechanism. Although a strong indirect case can be made for structural similarities between TRP channels and Kv channels, as reviewed in the introduction, the vast majority of the chimeras we generated did not form functional channels. This outcome may help to explain why a majority of the functional chimeras involving TRP channels have been generated between orthologs of the same subtype. For example, chimeras between the rat and the avian orthologs of TRPV1 provided critical insights into the molecular determinants of vanilloid binding to the channel[@b8], and chimeras between rat and Xenopus TRPV1 provided evidence implicating the pore region of the channel as the binding site of DkTx[@b11]. Similarly, chimeras created between rat and chicken TRPM8 led to the identification of specific residues of TRPM8 that are involved in icilin sensitivity[@b17]. In contrast to these examples of functional chimeras between TRP channel orthologs, there are few reports on chimeras between TRP channels belonging to different subtypes. The prominent outliers include reports on TRPV1-TRPV2 chimeras[@b14][@b55] and those between TRPV1 and TRPM8[@b56]. Collectively, these results lead us to believe that the transmembrane regions of TRP channels have more constraining packing interactions than have been observed in X-ray structures of Kv channels[@b20][@b28][@b43], where S1--S4 domains are loosely associated with the central pore domain and the paddle motif is relatively unconstrained ([Fig. 1b](#f1){ref-type="fig"}). We speculate the structures of transmembrane regions of TRP channels are more closely related to that observed in the X-ray structure of MlotiK[@b45], a prokaryotic tetrameric K channel containing a cytoplasmic cyclic nucleotide-binding domain, in which the helices within the S1--S4 domains exhibit extensive and tight packing interactions with each other and with the S5-S6 helices forming the central pore domain. Methods ======= Channel constructs and chimera design ------------------------------------- The Kv2.1Δ7 channel was used because this Kv2.1 construct is sensitive to agitoxin2[@b57], enabling the toxin to be used to identify currents associated with chimeras containing the pore region of this channel. The rat orthologs of TRPV1[@b58] and TRPM8[@b59] were utilized for all experiments, and were a generous gift from David Julius (UCSF). Chimeras were generated by utilizing an overlap PCR approach. Chimeras between Kv2.1 and TRPV1/TRPM8 were designed based on the sequence alignments shown in [Fig. 2](#f2){ref-type="fig"} and [3](#f3){ref-type="fig"}. These alignments were generated by initially using the AlignX tool of the Vector NTI software (Invitrogen) to align the sequences of tetrameric six transmembrane cation channels and to S1--S4 containing proteins, including TRPV1, TRPM8, Kv2.1, Kv1.2, Shaker, KvAP, Ci-VSP, Hv1, rNav1.2, NavAb and MlotiK. The alignment thus generated was further adjusted manually to improve homology with transmembrane helices, in particular for residues known to be structurally and functionally critical in Kv channels. The start and end points of transmembrane regions for Kv1.2, KvAP, NavAb, and MlotiK were obtained by visualizing their respective high resolution crystal structures, and those for other channels shown in [Fig. 2](#f2){ref-type="fig"} were predicted based on their sequence alignments with these four proteins. Electrophysiology ----------------- DkTx was produced recombinantly and agitoxin2 was synthesized by solid-phase methods as described previously[@b22]. Oocytes for chimera expression were obtained as previously described[@b53]. Two-electrode voltage-clamp recordings were performed using an OC-725C oocyte clamp amplifier (Warner Instruments). Data was filtered at 1 kHz (8 pole Bessel), and digitized at 10 kHz. Microelectrode resistances were between 0.1--1.2 MΩ when filled with 3 M KCl. Solutions for recording chimeras with the Kv channel pore contained (in mM) KCl (50), NaCl (50), MgCl~2~ (1), CaCl~2~ (0.3), and HEPES (20), at pH 7.4 (pH adjusted with NaOH). For recording currents from chimeras that contained TRP channel pores, CaCl~2~ was replaced with BaCl~2~. Unless otherwise stated, capacitive and background currents were identified by first blocking the Kv channel with agitoxin2, and then subtracting them to generate the currents shown in [Fig. 4](#f4){ref-type="fig"} and [5](#f5){ref-type="fig"}. HEK-293 cells for whole-cell patch clamp recordings were split on glass coverslips in a six-well plate, transfected with 1 μg DNA per well and used 12--48 h after transfection. Whole-cell currents were recorded using an Axopatch 200 B patch clamp amplifier (Axon Instruments), filtered at 10 kHz (8 pole Bessel), and digitized at 50 kHz. Microelectrode resistances were between 1--4 MΩ when filled with pipette solutions. External solution for recording currents from the chimera with the Kv channel pore (8KvV1) contained (in mM) KCl (45), NaCl (100), MgCl~2~ (0.5), CaCl~2~ (2), and HEPES (10) at pH 7.2 (pH adjusted with NaOH), whereas the pipette solution contained (in mM) KCl (160), EGTA (1), MgCl~2~ (0.5), and HEPES (10) at pH 7.4 (pH adjusted with NaOH). External solution for recording the chimeras with TRP channel pores (4KvV1, 5KvV1, and 12V1Kv) contained (in mM) KCl (2.8), NaCl (150), MgSO~4~ (1), and HEPES (10) at pH 7.4 (pH adjusted with NaOH), whereas the pipette solution contained (in mM) CsMeSO~3~(130), CsCl (15), NaCl (4), EGTA (5), and HEPES (10), at pH 7.4 (pH adjusted with CsOH). Conductance (G)--Voltage (V) relationships were obtained by measuring tail currents following depolarization to test voltages as indicated in [Fig. 4](#f4){ref-type="fig"} and [5](#f5){ref-type="fig"}. A single Boltzmann function was fitted to the data according to the equation, G/G~max~ = \[1 + exp(−zF(V − V~1/2~)/RT)\]^−1^. Author Contributions ==================== J. K. and K. J. S. designed the experiments, J. K. performed the experiments, and J. K. and K. J. S. wrote the paper. We thank Miguel Holmgren, Andres Jara-Oseguera, Dmitriy Krepkiy, Mark Mayer, Joe Mindell and members of the Swartz lab for helpful discussions. This work was supported by the Intramural Research Program of the National Institutes of Health National Institute of Neurological Disorders and Stroke (to K.J.S.), and by a National Institutes of Health National Institute of Neurological Disorders and Stroke competitive fellowship (to J.K.). ![Architecture of Kv and TRP channels.\ (a) Schematic representation of the transmembrane topology of channel subunits containing six transmembrane segments with the pore region formed by S5 and S6 segments shown in red. (b) Crystal structure of the tetrameric assembly of the Kv1.2--Kv2.1 chimera (Accession code 2R9R)[@b20] viewed from the extracellular side. The S3b--S4 paddle motif is shown in blue.](srep01523-f1){#f1} ![Sequence alignment of six transmembrane-tetrameric ion channels and voltage-sensitive proteins.\ Residues of TRPV1 and TRPM8 that are identical or similar to those of Kv2.1 to which they are aligned are shown in bold lettering. The residues belonging to the selectivity filter region of each channel are underlined. Conserved residues that are important for voltage sensing in voltage-activated ion channels are depicted in red. TRPV1 residues shown in green are important for vanilloid sensitivity and those highlighted in yellow background are critical for DkTx sensitivity. TRPM8 residues shown in blue and orange are important for icilin and menthol sensitivity, respectively. A portion of the unusually long linker between the S5 and S6 helices of rNav1.2 (marked by an asterisk) is shown separately at the bottom for clarity.](srep01523-f2){#f2} ![Chimeras generated and characterized in this study.\ (a) Alignment of S1--S4 regions of TRPV1, TRPM8 and Kv2.1 used for generating most chimeras. (b) An alternate alignment of the S3--S4 regions of TRPV1 and Kv2.1. (c) Alignment of the S5--S6 regions for TRPV1, TRPM8 and Kv2.1. The numbers below specified residues in the alignment of the channels denote the start or end sites of the swapped regions. (d) Summary of chimeras generated in this study. Red dots indicate non-functional chimeras whereas green dots indicate functional chimeras. The chimeras are named using the code: (a, b) XC1C2, where numbers 'a\' and 'b\' correspond to the N-terminal residue and the C-terminal residue respectively of the transferred segment, 'X\' is the serial number, 'C1\' is the abbreviation for the donor protein and 'C2\' is the abbreviation for the acceptor protein. Abbreviations for the proteins are: M8 for TRPM8, V1 for TRPV1 and Kv for Kv2.1.](srep01523-f3){#f3} ![Chimeras of S3--S4 region of TRPM8 transplanted into Kv2.1.\ (a) Alignment of TRPM8 and Kv2.1, and design of chimeras. (b) Families of current traces for Kv2.1 after subtraction of capacitive and leak currents using agitoxin2. Holding and tail voltages were −70 mV, and depolarizations were from −90 mV to +70 mV in 10 mV increments. (c) Families of current traces for 8M8Kv after subtraction of capacitive and leak currents using agitoxin2. Holding and tail voltages were −100 mV, and depolarizations were from −90 mV to +50 mV in 20 mV increments. (d) Families of unsubtracted current traces for 3M8Kv without subtraction of capacitive and leak currents. Holding and tail voltage was −70 mV, and depolarizations were from −40 mV to +90 mV in 10 mV increments. (e) G--V plots of Kv2.1 and the chimeras 3M8Kv and 8M8Kv. (f) Unsubtracted current traces for 3M8Kv before and after treatment with menthol. Voltage protocol was identical to the one used in d. Error bars indicate s.e.m. (n = 3). Dotted lines in current races represent zero current.](srep01523-f4){#f4} ![Chimeras of S3--S4 region of TRPV1 transplanted into Kv2.1.\ (a) Alignments of TRPV1 and Kv2.1 and design of chimeras. (b) Families of current traces for 2V1Kv after subtraction of capacitive and leak currents using agitoxin2. Holding voltage was −20 mV, tail voltage was −100 mV and depolarizations were from −100 mV to +80 mV in 10 mV increments. (c) Families of current traces for 6V1Kv after subtraction of capacitive and leak currents using agitoxin2. Holding and tail voltage was −100 mV, and depolarizations were from −80 mV to +30 mV in 10 mV increments. (d) Unsubtracted families of current traces for 5V1Kv. Holding and tail voltage was −80 mV, and depolarizations were from −60 mV to +60 mV in 10 mV increments. (e) G--V plots of Kv2.1 and the chimeras. (f) Unsubtracted current traces for 5V1Kv before and after treatment with capsaicin. The voltage protocol was identical to the one used in d. Error bars indicate s.e.m. (n = 3). Dotted lines in current races represent zero current.](srep01523-f5){#f5} ###### Voltage-activation relationships for Kv2.1 and chimeras with TRPV1 and TRPM8 Channel z V~1/2~ (mV) --------- ----------- ------------- Kv2.1 3.2 ± 0.3 −4.9 ± 0.9 3M8Kv 1.5 ± 0.1 54.2 ± 1.5 8M8Kv 1.7 ± 0.1 −23.4 ± 1.1 2V1Kv 0.9 ± 0.1 79.9 ± 0.7 5V1Kv 1.3 ± 0.1 70.3 ± 0.9 A single Boltzmann function was fit to G--V relations to obtain z and V~1/2~ values. n = 3 in all cases.
Lost S03E19 (ABC) This week’s episode of Lost is Locke-centric. We find out what happened to Locke during his time with the Others and what’s up with his father. More details are revealed about the mysterious woman that landed on the island. Warning: Spoilers ahead. //**************SpoilersAhead************************* Locke is looking over some papers and burning them, while his someone is tied up behind him. The story picks up 8 days ago. Don’t you where this place is? Asks John’s father before he is tasered again. Ben asks John if he wants to come with them. The Others are leaving for an old place. At the camp, Sawyer and Kate are sleeping together. He finds Jin and Hurley outside up to something. On his way to take a leak, he finds Locke on the way back to the camp. He tells James that he kidnapped Ben a few hours ago and dragged him into the jungle. He wants Sawyer to kill Ben. 3 days ago, the Others are all excited that John is with them. Ben tells him that they will go to the Losties’ camp and take all of the pregnant women. This means that Sun is in danger. He tells Locke that he isn’t ready for this. He tells him that he needs to rid himself of something. He says that he has to kill his father. Ben keeps saying that Locke brought his father to the island. Desmond, Jin, Hurley and Charlie are hiding the woman. Desmond doesn’t trust Jack, and neither do the others. Desmond surmises that she is a way off the island. Locke knows that James killed someone in Australia and that his parents are dead. His father shot his mother and then killed himself. Murder-suicide. James says that he isn’t going to kill anybody. He will bring back Ben to the camp. But Locke says that James will change his mind when he hears what Ben has to say. The Losties bring Sayeed into their confidence. Desmond trusts Sayeed. Naomi talks with Sayeed. She tells them that they found the entire plane off the coast of Bali. They found the bodies. Naomi was hired by Penny Widmore to find Desmond. Sayeed is doubtful and she shows him her SAT phone. Sawyer says that he killed the man in Sydney by mistake. It was a case of mistaken identity. 3 days ago, Locke is brought before his dad so that he can kill him. Locke can’t do it yet. Since he can’t do it, the Others don’t really accept him anymore. They expected him to be more. But what? A murderer? Sounds like bulls* to me. Locke and Sawyer come up to an old ship. Inside, Locke locks up Sawyer in the brig, where Ben isn’t waiting for him; it’s John’s father. Sayeed is trying to make the SAT phone work. They aren’t able to make it find any audible transmission. Everything is blocked. While waiting at the Black Rock, Rousseau comes by for some dynamite. Locke casually shows her where it is. 3 days ago, Locke gets introduced to Richard. He is told that Ben wanted him to be embarrassed. When word came back that a man with a broken spine was able to walk again when he came onto the island, people started getting excited. Richard tells him that his father has to go and that Sawyer could help him. Locke’s father tells him the tale of how he ended up on the island. He just was kidnapped from the USA. Sawyer learns that Locke’s father is a con man. He went by the name Tom Sawyer at a time. The man was involved with James’ past. 1 day ago, the Others are getting ready to leave once more. Locke is going to be left behind. Ben is leaving a trail for Locke to track once he killed his father. Sawyer asks Locke’s father about Jasper Alabama and how he killed his father. As he tears up the letter, James looses it and strangles him with a chain. Locke thanks him and lets him go. Kate wants to Jack in private, but Jack doesn’t want to. Kate tells Jack that no one trusts him anymore. Juliet tells Jack that they should tell her but Jack doesn’t want to. Locke tells Sawyer that Juliet is a mole and that the Others will raid the camp to take the pregnant women with them. Locke gives Sawyer the tape that Juliet made for Ben.
History Main / MutualKill * ''Manga/InuYasha'' starts out with Inuyasha fatally wounding his girlfriend Kikyou, and her [[SealedEvilInACan sealing him]] by shooting and pining him to a tree with her sacred arrows. It's later revealed that the one who truly injured Kikyou was her StalkerWithACrush Naraku, who intended for her to fully pull the trope on Inuyasha so he would have the Shikon Jewel ''and'' [[IfICantHaveYou tear them apart. to: * ''Manga/InuYasha'' starts out with Inuyasha fatally wounding his girlfriend Kikyou, and her [[SealedEvilInACan sealing him]] by shooting and pining him to a tree with her sacred arrows. It's later revealed that the one who truly injured Kikyou was her StalkerWithACrush Naraku, who intended for her to fully pull the trope on Inuyasha so he would have the Shikon Jewel ''and'' [[IfICantHaveYou tear them apart.apart]]. * In ''VisualNovel/FateHollowAtaraxia'', throughout the time loops no one is able to beat Bazett due to her Mystic Code, a spell called Fragarach that activates upon them using their strongest attack, going back in time and instantly killing them before they strike. Eventually, Shirou realizes that Lancer's Noble Phantasm Gae Bolg might be the perfect counter, since it reverses causality such that the attack lands before the attack is initiated. The two of them use their abilities on each other, time and causality gets twisted up in a knot, and both Bazett and Lancer wind up dead. * In ''VisualNovel/FateHollowAtaraxia'', throughout the time loops no one is able to beat Bazett due to her Mystic Code, a spell called Fragarach that activates upon them using their strongest attack, going back in time and instantly killing them before they strike. Eventually, Shirou realizes that Lancer's Noble Phantasm Gae Bolg might be the perfect counter, since it reverses causality such that the attack lands before the attack is initiated. The two of them use their abilities on each other, time and causality gets twisted up in a knot, and both Bazett and Lancer wind up dead. * ''Literature/TheSagaOfTheFaroeIslanders'': In the ambush laid by Hafgrim for Brestir and Beinir, Hafgrim runs Brestir through with a spear but is himself killed by a sword-blow of the dying Brestir. to: * ''Literature/TheSagaOfTheFaroeIslanders'': ''Literature/TheSagaOfTheFaroeIslanders'': In the ambush laid by Hafgrim for Brestir and Beinir, Hafgrim runs Brestir through with a spear but is himself killed by a sword-blow of the dying Brestir.Brestir. When Thrand and his party attack Sigmund's farm on Skufoy, Eldjarn Cresthood is the first to reach the top of the cliffs and engage Sigmund's watchman. In fighting, they topple over the cliffside and both fall to their death. * ''ComicBook/BlackMoonChronicles'': [[ThePaladin Lord Parsifal]] and [[TheDragon Baron Greldinard of Moork]] both deliver each other a killing blow during a major battle between the Empire of Lynn and the Black Moon. However, both are later revived by the forces of darkness and light, respectively. to: * ''ComicBook/BlackMoonChronicles'': [[ThePaladin Lord Parsifal]] and [[TheDragon Baron Greldinard of Moork]] both deliver each other a killing blow during a major battle between the Empire of Lynn and the Black Moon. However, both are later revived by the forces of darkness light and light, darkness, respectively. * ''ComicBook/BlackMoonChronicles'': [[ThePaladin Lord Parsifal]] and [[TheDragon Baron Greldinard of Moork]] both deliver each other a killing blow during a major battle between the Empire of Lynn and the Black Moon. However, both are later revived by the forces of darkness and light, respectively. * ''Literature/TheBuilders'' has Brontë and Cinnabar, who shoot each other to death, Elf and the Quaker, who fall to their death, and Bonsoir and Puss, who are [[KilledOffscreen blown up offscreen]] with a stick of dynamite. Community Tropes HQ TVTropes is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Permissions beyond the scope of this license may be available from thestaff@tvtropes.org. Privacy Policy
The invention relates to a mobile electric appliance comprising an appliance housing having at least one battery bay for accommodating a battery with at least one voltage-generating cell and a battery-side charge status indicator, an electric consumer, a power connector as well as a charging device for charging the at least one battery. In addition, the invention relates to a battery comprising a battery housing, at least one voltage-generating cell arranged in the battery housing, a battery-side electronic circuit arranged in the battery housing for determining the charge status of the at least one cell, a battery-side charge status indicator arranged on the battery housing and a switch arranged on the battery housing for activating the battery-side electronic circuit and/or the battery-side charge status indicator. Finally, the invention relates to a set comprising at least one mobile electric appliance and an appropriate battery for it. One thing users of mobile, battery-operated devices desire is the most convenient possible display of the charge status of an accumulator (also known colloquially as a “battery”) provided for operating the device. Most of the time, the charge status is determined and displayed by the device itself. However, batteries deviating from this are also known that are able to display the charge status independently. A battery for a hand power tool is disclosed in German Patent Document No. DE 10 2005 000 135 A1. This battery features a housing accommodating several battery cells and on which coupling means, which are externally accessible and electrically connected to the battery cells, are provided. In addition, the battery includes a charge status indicator, which can be activated by an externally accessible switch and which displays the charge status of the battery cells. The switch in this case is formed by actuating means of a locking mechanism of the battery. Moreover, a portable computer is known from U.S. Pat. No. 6,078,164 A, which comprises a battery bay and a battery situated therein. The battery has a charge status indicator which is also visible through a viewing window in the computer's housing when the battery is inserted. The battery has a switch to activate the charge status indicator, which may also be actuated externally with the aid of a knob arranged on the computer. As a result, the charge status of a battery situated in the bay may be determined without the battery having to be removed from the bay. Finally, a set is known from European Patent Document No. EP 1 419 723 B1 comprising a vacuum cleaner, which may be operated both when connected to the power supply system as well as with batteries. In addition, the batteries may also be used in different electric hand-held devices. The disadvantage of the known solutions, for example the solution in accordance with U.S. Pat. No. 6,078,164 A, is that the viewing window provided there as well as the knob must be aligned precisely with the charge status indicator and the switch on the battery. On the one hand, incorrect operation can easily lead to a situation where the charge status cannot be queried, for example if the knob in question is not precisely aligned with the switch. On the other hand, the design of the battery must be precisely coordinated with the design of the device being operated. As a result, these types of batteries are not universally useable. Therefore, the object of the invention is creating an improved mobile electric appliance, an improved battery, and an improved set. In particular, the interchangeability of the batteries is improved and querying the charge status of the same is facilitated. According to the invention, this object is attained with a mobile electric appliance of the type cited at the outset comprising means for detecting the charge status of the at least one battery and a device-side charge status indicator arranged on the mobile electric appliance. The term “mobile electric appliance” is understood as an electric appliance which can be moved or displaced from one workplace to another workplace even when in operation. The object of the invention is also attained with a battery of the type cited at the outset comprising an interface, which is prepared to relay the charge status determined to an external processing unit. Finally, the object of the invention is attained by a set comprising at least one mobile electric appliance according to the invention and an interchangeable, advantageously inventive battery. This is achieved according to the invention in that the charge status may be displayed both independently on the battery itself as well as by the device being operated. In doing so, the disadvantages mentioned, such as, for example, malfunctions with incorrect alignment of the battery in the device being operated and poor interchangeability of batteries, are overcome. In contrast to this, the arrangement of battery-side switches and battery-side charge status indicators in the case of the invention is independent of the device being operated, because the latter has an its own additional charge status indicator. The user of the mobile device is also immediately able to see whether a battery is inserted into the battery bay without having to open a cover of the battery bay. The display of the charge status may be accomplished with the use of illuminating means or even mechanically as a bar representation. The illuminating means may be designed to be both round as well as square, rectangular and triangular. The term “battery bay” should be understood within the scope of the invention as any type of device in which a battery may be inserted or introduced for the purpose of transferring energy. Advantageous embodiments and further developments of the invention are disclosed in the description in conjunction with the figures. It is especially advantageous if the means for detecting the charge status are formed by a device-side electronic circuit arranged in the mobile electric appliance, which is connected electrically to the at least one voltage-generating cell. In the case of this variant of the invention, no other connectors are necessary besides those that are present anyway to supply the device in question. Thus, it is possible to implement the invention in reality in an especially simple manner, in particular because existing batteries may continue to be used unchanged. It is also especially advantageous if the means for detecting the charge status are formed by an interface to a battery situated in the battery bay, wherein the battery includes a battery-side electronic circuit for determining the charge status of the at least one cell and wherein the interface is prepared to receive the charge status determined by the cited first electronic circuit. In the case of this variant of the invention, the device-side electronic circuit may be kept relatively simple, because the charge status of the battery is determined per se by the battery-side electronic circuit. For example, electrical interfaces, optical interfaces or radio interfaces may be used for data transmission (i.e., for transmitting the charge status determined) between the device-side electronic circuit and the battery-side electronic circuit. It is beneficial if the mobile electric appliance includes a controller, which is prepared to activate the device-side charge status indicator when the electric appliance is being operated by the battery. In this way, a user is always able to read the charge status, or the remaining run-time of the device being operated. For example, the controller may be integrated into a central device controller or into the charging device. It is also beneficial if the mobile electric appliance includes a controller, which is prepared to deactivate the device-side charge status indicator when the electric appliance is being operated by the power supply system. In this way, electrical energy may be saved, because the charge status is less relevant during operation by the power supply system. A button may be provided as an option which may be used to query the charge status also manually as needed. It is also beneficial if the mobile electric appliance includes a controller, which is prepared to deactivate the device-side charge status indicator when the electric appliance is switched off. In this state as well, the charge status of the batteries is normally of less interest, which is the reason why the charge status indicator is deactivated for the purpose of saving energy. In this case as well, an optional button may be provided which may be used to query the charge status also manually as needed. It is also advantageous if the mobile electric appliance is configured as a vacuum cleaner. This is an advantage in particular if the vacuum cleaner is part of a set, which also includes at least one electric hand-held device as well as several batteries that are interchangeable between the at least one electric hand-held device and the at least one mobile electric appliance. Most of the time, a vacuum cleaner is made of a movable base part and a suction nozzle connected therewith via a suction hose. Because the base part normally does not have to be lifted during vacuuming but is merely pulled along behind, a vacuum cleaner is very well suited as a central charging station for the relatively heavy batteries. In this way, it is possible for batteries to be charged conveniently at the construction site or in the household. On the one hand, an empty battery of an electric hand-held device (e.g., cordless screwdriver, cordless drill, cordless saw, cordless grinder, cordless planer, cordless table vacuum cleaner, cordless search lamp, cordless radio, etc.) may be interchanged for a fully charged one from the vacuum cleaner. On the other hand, the vacuum cleaner may also be operated independently, i.e., without being connected to the electric supply system. Because of the measures according to the invention, the charge status of a battery is always visible, both when it is inserted into the mobile electric appliance as well as when the battery is removed. The advantage of the invention is especially striking in this case. However, these advantages are not limited to vacuum cleaners, but also apply to additional displaceable or moveable devices or devices whose base part is only moved comparatively seldom. Another example of such a device is a high-pressure cleaner. It is noted at this point that the variants listed for the mobile electric appliance according to the invention and the resulting advantages also apply correspondingly to the battery according to the invention as well as to the set according to the invention and vice versa. The above-mentioned embodiments and further developments of the invention may be combined in any manner. The present invention is explained in more detail in the following on the basis of the exemplary embodiments indicated in the schematic figures.
Caring in nursing: investigating the meaning of caring from the perspective of cancer patients in Beijing, China. The aims of the study were to develop an understanding of caring in nursing from the perspective of cancer patients and attempt to identify the concept of caring in the Chinese cultural context. Caring as a concept remains elusive, the acceptable definitions of the term care have not been reached. The expressions, processes and patterns of caring vary among cultures, but there is a lack of Chinese culture-based study about caring in nursing. A qualitative research design was used and 20 cancer patients were interviewed using a semi-structured interview guide. A qualitative content analysis was used to identify themes in the data. Three themes emerged from the data, which suggested that caring is delivering care in an holistic way: nurses' caring attitudes and their professional responsibility for providing emotional support, nurses' professional knowledge and their professional responsibility for providing informational support and nurses' professional skills and their professional responsibility for providing practical support. The caring behaviour of nurses as perceived by cancer patients involved the provision of emotional, informational, and practical support and help based on patients' needs. A model of caring in nursing was formulated. Caring in nursing as perceived by cancer patients involves nurses having qualified professional knowledge, attitudes and skills in oncology and providing the informational, emotional and practical supports and help required by cancer patients. Caring is manifested in nursing actions through nurse-patient communication process. Patients have their inner expectation for nurses' caring behaviour and attitudes and nurses' performance of caring or uncaring behaviour has a direct influence on the feelings of patients. It is necessary for all nurses to continue improving their oncology professional knowledge, attitudes and skills as well as their abilities of offering informational, emotional and practical support and help for their cancer patients.
Is nonperforated pediatric appendicitis still considered a surgical emergency? A survey of pediatric surgeons. To describe the beliefs and preferences of pediatric surgeons regarding the emergent nature of nonperforated appendicitis. An electronic mailing was sent to all 1052 members of the American Pediatric Surgical Association (APSA) inviting participation in a 26-item survey, which was administered by Survey Monkey (www.surveymonkey.com). Chi-square and Mann-Whitney tests were used for bivariate analysis. Spearman's rho was used for nonparametric correlation. Four hundred eighty-four pediatric surgeons (46%) responded to the survey. Few respondents (4%) considered nonperforated appendicitis to be a surgical emergency. A minority (14%) would come in from home to perform an overnight appendectomy. Most (92%) believe that postponing overnight appendectomy until daytime does not result in a clinically significant increase in perforation. Respondents endorsed surgeon fatigue (56%) and limited operating room availability (56%) most often among factors that would make them more likely to postpone surgery. Sixty-eight percent reported no departmental guideline regarding delay of overnight appendectomy. Most pediatric surgeons in our study believe nonperforated appendicitis is not a surgical emergency and prefer to postpone overnight appendectomy.
Free Medication Provided by Shire to Patients Taking Lialda(R) (mesalamine) or Pentasa(R) (mesalamine) for the Treatment of Ulcerative Colitis Who Have Lost Their Jobs in 2009 PHILADELPHIA, May 18 /PRNewswire-FirstCall/ -- Shire plc (LSE: SHP, Nasdaq: SHPGY), the global specialty biopharmaceutical company, is responding to the needs of patients who are diagnosed with ulcerative colitis (UC) and prescribed gastrointestinal (GI) medications from Shire by expanding its Patient Assistant Program (PAP). Thanks to the recently enhanced Shire CARES PAP, UC patients who are newly prescribed or are already taking Lialda or Pentasa and who become unemployed in 2009 can receive their medication at no cost throughout the rest of the calendar year. In addition, more UC patients can benefit from Lialda and Pentasa because Shire has raised the household income levels necessary to qualify for no cost and shared cost assistance. This expands the existing Shire PAP to help even more uninsured patients and their families save on the medicines they need to stay healthy and to manage chronic conditions like UC. "We are committed to helping UC patients better manage their condition," said Roger Adsett, senior vice president of the GI business unit at Shire. "Offering greater financial support to those who may be struggling due to the current economic climate through our expanded Shire CARES PAP is a natural extension of the Shire mission." More than 100,000 people with UC have been treated with Lialda, and many have benefited from the Shire PAP. The new Shire CARES PAP includes job loss prescription coverage for 2009, and financial assistance at no cost and shared cost levels. Additionally, the Shire CARES PAP offers a discounted copay pharmacy card program (not valid in Mass.) and a 30-day free trial of Lialda when patients join the Lialda UC Support Program. The Lialda UC Support program offers patients the added benefit of hearing from professionals for medical insight and advice through an unbranded patient education Web site. "We are thrilled to launch this new, more robust program," said Mike Cola, president of the Specialty Pharmaceuticals business at Shire. "The program is designed to help patients with ulcerative colitis who are taking Lialda or Pentasa and are experiencing a financial hardship gain access to these treatments. This enhanced PAP is the first of many steps Shire is taking to reinforce our commitment to the patient community, and we are pleased that Lialda and Pentasa are leading the way." The Shire CARES PAP has a simple enrollment process and offers free delivery of medicines for enrolled patients to their home or doctor's office for up to one year. Patients may be re-enrolled if they continue to need assistance and qualify for the Shire CARES PAP. To learn more about the Shire CARES PAP for Lialda and Pentasa medications, please call 1-888-CARES-55 to speak with a live representative, or visit www.lialda.com. Lialda is approved for the induction of remission in patients with active, mild to moderate ulcerative colitis. Safety and effectiveness of Lialda beyond 8 weeks have not been established. You should not take Lialda if you are allergic to salicylates (including mesalamine or aspirin) or to any of the ingredients of Lialda. Tell your doctor if you have a stomach blockage or are allergic to sulfasalazine. Mesalamine has been associated with a syndrome that may be difficult to distinguish from an ulcerative colitis flare-up. If you experience cramping, diarrhea, fever, headache or rash, talk to your doctor immediately. Some patients taking mesalamine have reported heart-related hypersensitivity reactions, such as inflammation of the heart muscle and inflammation of the lining of the heart. Tell your doctor if you have problems with your liver or kidneys. In worldwide clinical trials, Lialda was generally well tolerated. The most common adverse events were headache and flatulence. As with other medications, some serious side effects may occur. Less than 1% of patients experienced inflammation of the pancreas, which led to discontinuation of therapy with Lialda. PENTASA is approved for the induction of remission and for the treatment of mildly to moderately active ulcerative colitis. PENTASA is generally well tolerated and most side effects are mild. In worldwide clinical studies, the most common side effects were diarrhea, headache, nausea, abdominal pain, upset stomach, vomiting, and rash. As with other medications, some serious side effects may occur. You should not take PENTASA if you are allergic to salicylates, such as aspirin. Tell your doctor if you have problems with your liver or kidneys. While taking PENTASA, visit your doctor periodically. If you have any questions about PENTASA, please talk to your doctor. Pentasa(R) is a registered trademark of Ferring A/S Corp. About SHIRE PLC Shire's strategic goal is to become the leading specialty biopharmaceutical company that focuses on meeting the needs of the specialist physician. Shire focuses its business on attention deficit hyperactivity disorder (ADHD), human genetic therapies (HGT) and gastrointestinal (GI) diseases as well as opportunities in other therapeutic areas to the extent they arise through acquisitions. Shire's in-licensing, merger and acquisition efforts are focused on products in specialist markets with strong intellectual property protection and global rights. Shire believes that a carefully selected and balanced portfolio of products with strategically aligned and relatively small-scale sales forces will deliver strong results. For further information on Shire, please visit the Company's Web site: www.shire.com THE "SAFEHARBOR" STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 Statements included herein that are not historical facts are forward-looking statements. Such forward looking statements involve a number of risks and uncertainties and are subject to change at any time. In the event such risks or uncertainties materialize, the Company's results could be materially adversely affected. The risks and uncertainties include, but are not limited to, risks associated with: the inherent uncertainty of research, development, approval, reimbursement, manufacturing and commercialization of the Company's Specialty Pharmaceutical and Human Genetic Therapies products, as well as the ability to secure and integrate new products for commercialization and/or development; government regulation of the Company's products; the Company's ability to manufacture its products in sufficient quantities to meet demand; the impact of competitive therapies on the Company's products; the Company's ability to register, maintain and enforce patents and other intellectual property rights relating to its products; the Company's ability to obtain and maintain government and other third-party reimbursement for its products; and other risks and uncertainties detailed from time to time in the Company's filings with the Securities and Exchange Commission. (Date:12/8/2016)... ... December 08, 2016 , ... The Florida Hospital ... and Hyperbaric Medical Society (UHMS), the leading authority in hyperbaric medicine. This accreditation ... a few hospitals and facilities have earned this distinction. This is the second ... (Date:12/8/2016)... ... 2016 , ... Mirixa Corporation , a leading healthcare ... patient care services, has announced the promotions of Karen Litsinger to senior vice ... sales. , Litsinger joined Mirixa in 2008 after serving as a partner ... (Date:12/8/2016)... (PRWEB) , ... December 08, 2016 , ... ... modes of access for customers and employees that are both engaging and easy ... with Service Smart Technology, the software company revealed today its plans to roll ... (Date:12/8/2016)... ... , ... California Senate Bill (SB) 863, signed into law in 2012, may ... 2014, according to CompScope™ Medical Benchmarks for California, 17th Edition , a study ... medical payments per claim in California decreased 4 percent in 2013 and then 3 ... (Date:12/8/2016)... ... December 08, 2016 , ... ... planning services from offices headquartered in Hamilton County, is embarking on a charity ... LuvFurMutts specializes in finding new homes for orphaned or neglected senior dogs in ... (Date:12/8/2016)... -- IRIDEX Corporation (NASDAQ: IRIX ) today announced ... stock, $0.01 par value (the "Offering" with such shares being ... terms of the Offering will depend on market and other ... no assurance as to whether or when the Offering may ... proceeds it will receive from this offering for working capital ... (Date:12/8/2016)... 8, 2016 Global Interventional Radiology Market: ... global interventional radiology market analyzes the current and ... an elaborate executive summary, including a market snapshot ... sub-segments. The research is a combination of ... bulk of our research efforts along with information ... (Date:12/8/2016)... -- Eli Lilly and Company (NYSE: LLY ) ... trial at the 9 th Clinical Trials on ... not meet the primary endpoint in the EXPEDITION3 clinical ... mild dementia due to Alzheimer,s disease (AD), and Lilly ... treatment of mild dementia due to AD. ...
Romantic Daughters is a 1956 color Japanese film directed by Toshio Sugie. It is romance comedy film. Production designer was Shinobu Muraki, sound recordist was Shoichi Fujinawa and lighting technician was Mitsuo Kaneko. Cast Hibari Misora Chiemi Eri Izumi Yukimura Akira Takarada Hisaya Morishige Tatsuyoshi Ehara Kamatari Fujiwara Toranosuke Ogawa Yoshio Kosugi Choko Iida References External links Category:1956 films Category:Japanese films Category:Films directed by Toshio Sugie Category:Toho films
Russia's US election hacking far wider than first thought Russia's attempts to hack the United States 2016 presidential election were more extensive than previously thought, a new report reveals. The cyberattack included breaches of voter databases and software systems in twice as many states as earlier reported, US news website Bloomberg says. Russian US election hacking: What you need to know On June 6, a National Security Agency document was leaked to news website The Intercept, detailing attempts by Russia's GRU intelligence agency to hack the computers of voting officials across the US, Vox explains. The attacks were aimed at voter registration systems, not voting machines themselves. There's no evidence the Russian government changed Americans' votes, but it's believed they could have affected voting by deleting people's registration details, causing delays on polling day. Soon after the story broke, a US intelligence contractor named Reality Winner was charged with leaking a classified document. Investigators in Illinois have found evidence hackers tried to delete or change voter data, Bloomberg reports. The breaches are now thought to have hit systems in 39 states, and included accessing a campaign finance database in at least one state. The extent of the hacks was so concerning to then-President Barack Obama's administration that they took the step of complaining directly to the Russian government at the time.
Rho GTPases mediate diverse pathways in the cardiovascular system, including smooth muscle Ca 2+ sensitization and cell migration phenomena critical for the vasculogenesis. The primary objective of the project is to define the molecular mechanisms that control Ca sensitization pathways upstream of RhoA. These pathways involves activation of the RhoA GTPase by a family of nucleotide exchange factors, including PDZRhoGEF and LARG, which contain domains coupling these proteins to G and receptors of the plexin family, although their direct participation in smooth muscle physiology has not been proven. Structures of the individual domains, as well as of the multi-domain fragments of these GEFs will be determined by a combination of NMR and X-ray crystallography, as well as other complementary biophysical methods. The function and mechanism of the PDZ domain which binds the C-terminus of plexins will be assayed by isothermal titration calorimetry and phage display to determine specificity and affinity of interactions. The strategic aim is to understand how signals transduced membrane receptors ultimately activate the DH-PH domain tandem, which catalyzes the nucleotide exchange on RhoA. The selectivity of the latter reaction will also be probed by site-directed mutagenesis and X, ray crystallography. The functional properties of isolated domains and multi-domain fragments of GEFs, as well as their cellular localization, will be studied in collaboration with Project 1 and 3 within this PPG. The project will also focus on the structural biology of plexins and neuropilins, which function upstream of PDZRhoGEF and LARG in many tissues, and which are of primary importance to vasculogenesis. The central domain of plexin is believed to sequester the active form of Rac through a putative CRIB domain, although the boundaries of structural domains have not been determined. Crystallographic and/or NMR studies will determine the molecular architecture of these proteins and the interaction with Rac. Finally, structures of isolated domains of neuropilins, and the regulatory mechanisms of these receptors will also be probed by a synergistic combination of NMR and X-ray crystallography to determine interdomain communication patterns. This work will provide a model for the PDZRhoGEF activation, and will yield data directly relevant to cardiovascular biology.
159 Conn. 358 (1970) DEBORAH BEARS v. FREDERICK HOVEY ET AL. Supreme Court of Connecticut. Argued April 8, 1970. Decided May 6, 1970. ALCORN, HOUSE, THIM, RYAN and SHAPIRO, JS. 359 W. Paul Flynn, with whom, on the brief, were Frank J. Raccio and Charles L. Flynn, for the appellant (plaintiff). William L. Hadden, Jr., with whom, on the brief, were William L. Hadden, Sr., and Clarence A. Hadden, for the appellees (defendants). HOUSE, J. This case arose from a sledding accident which happened in Milford on February 18, 1962. The property of the defendants lay at the foot of a steep hill down which children were accustomed to sled during the winter. The sliding path was about 250 feet in length and ended in the defendants' rear yard. On February 15, after a snowfall, some neighborhood children erected a snow fort in the yard by rolling snowballs into a mound. The fort was not on the snow slide but perpendicular and to the right of it. On Saturday, February 17, according to the weather report, there were ten hours of sunshine and the temperature rose to 41 degrees. That night the temperature dropped to 24 degrees. On Sunday morning at about 9:30 the plaintiff, then age thirteen, with a younger brother and sister went to slide on the hill. The plaintiff was the first to slide down the path. She found that the slide was solid ice. Because of trees and bushes along the path she could not turn off the snow slide. When she reached the yard of the defendants the snow in the area was hard and so icy that she could not 360 control the steering of her sled but did turn her sled to the right, where she crashed into the snow fort which, with the overnight drop in temperature, had frozen hard. She testified that she tried to avoid striking the fort but the slide had become so icy that she could not control her sled and she skidded into the fort and was injured. Through her father she brought suit against the defendants, alleging that her injuries were a result of their negligence. The jury returned a verdict in favor of the plaintiff, and, on motion by the defendants, the court set aside that verdict and rendered judgment for the defendants pursuant to their prior motion for a directed verdict. See Practice Book § 255. In accordance with the provisions of Practice Book § 256, the court filed a memorandum of decision in which it set forth the reasons for its ruling. The court noted that the parties were in agreement that the plaintiff in using the sliding area had the legal status of a licensee. The court quoted the general governing principles of law from Schiavone v. Falango, 149 Conn. 293, 296, 179 A.2d 622: "Ordinarily, an owner of land owes no duty to a licensee to keep his premises in a safe condition, because the licensee must take the premises as he finds them, including any danger arising out of their condition. Hennessey v. Hennessey, 145 Conn. 211, 213, 140 A.2d 473; Laube v. Stevenson, 137 Conn. 469, 474, 78 A.2d 693. This applies to infant as well as adult licensees. Pastorello v. Stone, 89 Conn. 286, 289, 93 A. 529; Wilmot v. McPadden, 79 Conn. 367, 376, 65 A. 157. A possessor of land is liable for bodily harm caused to a gratuitous licensee by a natural or artificial condition thereon if, but only if, he (a) knows of the condition, realizes that it involves an *361 unreasonable risk to the licensee and has reason to believe that the licensee will not discover the condition or realize the risk, and (b) invites or permits the licensee to enter or remain upon the land, without exercising reasonable care (1) to make the condition reasonably safe, or (2) to warn the licensee of the condition and risk involved therein. Hennessey v. Hennessey, supra; Lubenow v. Cook, 137 Conn. 611, 613, 79 A.2d 826; Laube v. Stevenson, supra; Restatement, 2 Torts § 342." See also Moonan v. Clark Wellpoint Corporation, 159 Conn. 178, 186, 268 A.2d 384. The court noted that there was no evidence that at the time of the accident the defendants knew of the frozen and icy condition of the slide or snow fort or that it involved an unreasonable risk to the plaintiff; and that, prior to the overnight drop in temperature, "[t]here was nothing about the existence of a snow fort twenty-nine or thirty inches high in the defendants' back yard that constituted a defective condition or an unreasonable risk to the plaintiff." An examination of the evidence printed in the appendices to the briefs confirms the accuracy of these observations, and we find no error in the ruling of the trial court. "The landowner cannot be held to be an insurer of the safety of young children who suffer injury from a normally innocuous condition on his property. To impose liability in such cases would cause an intolerable burden and one which could not be sustained through any process of logical reasoning. Jarvis v. Howard, 310 Ky. 38, 42, 219 S.W.2d 958; Prosser, Torts (2d Ed.) p. 444." Schiavone v. Falango, supra, 298. There is no error. In this opinion the other judges concurred.
Q: Cordova: where and how install a plugin? I created a fresh new app. Then I went to the www directory and executed npm install cordova-plugin-file. And now? What must I do to work with this plugin in the app? If I do a cordova plugin list it shows me only the whitelist plugin, created by default from cordova itself. I then tried cordova plugin add cordova-plugin-file and now cordova plugin list shows me both whitelist and file plugin. And now? When I tried the following code I got that, on Android emulator, cordova.file is undefined window.resolveLocalFileSystemURL(cordova.file.dataDirectory, function(dir) { console.log("got main dir", dir); }); A: The problem here was simply that the whole app must be wrapped into the deviceReady event handler, but ... not this code ... damn... now it works
Visual Studio Code 1.28.0 Visual Studio Code is a powerful IDE, dedicated to building Web ... and imported modules. Debug code right from the editor. Launch or attach to ... pull from any hosted Git service. Visual Studio Code supports the usage of snippets, a feature that ... help you significantly reduce the time spent writing code. You may easily launch the loaded application or attach the selected code to the main script. The powerful searching engine allows ... Most popular Compilers & Interpreters downloads ... Web development with Django framework. Coding Assistance Code faster and with more pleasure in a smart and configurable editor with code completion, snippets, code folding and split windows support Project Code ... ... FEATURES: Call Tips: While entering Fortran code, Simply Fortran provides call tips for functions and ... and errors within the editor as the source code is updated. Additionally, all project issues can be ... ... and embedded operating systems without rewriting the source code. Qt enables companies to build software applications ... systems and embedded devices, without rewriting the source code. It includes an intuitive API and a rich ... Visual Studio Code is a powerful IDE, dedicated to building Web ... function definitions, and imported modules. Debug code right from the editor. Launch or attach to ... pull from any hosted Git service. Visual Studio Code supports the usage of snippets, a feature that ... ... even wearables like Google Glass, from a single codebase, in record time. RAD Studio is a powerful ... – all at once! From the user interface code through the rest of the complete client software ...
QAF Hoodie $ 30.00 translation missing: en.products.notify_form.description: Notify me when this product is available: Say with pride: Queer as Fuck. And just to keep it fun, present as Q.A.F. Our new hooded sweatshirt gives you cozy feels, stylish gender-defying pink or blue, and the ability to pair up sweetly with our spandex tights. Can't sleep on this one!
Q: One to many connection in Doctrine I have tried to create one-to-many connection, but it works very strange. I suspect that class User has one Country, and class Country has many Users. But User->Country return ever an array with one Country, (Doctrine Collection, not a Record). Have anyone idea why? I need CountryUser object, and I know, that such relation can be made without additional object. I'm not using YAML format for Doctrine, classes are made manualy. class User extends sfDoctrineRecord { public function setTableDefinition() { $this->setTableName('user'); $this->hasColumn('id', 'integer', 5, array( 'type' => 'integer', 'primary' => true, 'unsigned' => true, 'autoincrement' => true, 'length' => 5, )); $this->hasColumn('fbid', 'string', 40, array( 'type' => 'string', 'length' => 40, #'notnull' => true, #'unique' => true, )); } public function setUp() { parent::setUp(); $this->hasOne('Country', array( 'local' => 'user_id', 'foreign' => 'country_id', 'refClass' => 'CountryUser' )); $timestampable0 = new Doctrine_Template_Timestampable(array( )); $this->actAs($timestampable0); } } class Country extends sfDoctrineRecord { public function setTableDefinition() { $this->setTableName('country'); $this->hasColumn('id', 'integer', 5, array( 'type' => 'integer', 'primary' => true, 'unsigned' => true, 'autoincrement' => true, 'length' => 5, )); $this->hasColumn('name', 'string', 10, array( 'type' => 'string', 'length' => 10, 'unique' => true, #'notnull' => true, )); } public function setUp() { parent::setUp(); $this->hasMany('User as Users', array( 'local' => 'country_id', 'foreign' => 'user_id', 'refClass' => 'CountryUser' )); $timestampable0 = new Doctrine_Template_Timestampable(array( )); $this->actAs($timestampable0); } } class CountryUser extends sfDoctrineRecord { public function setTableDefinition() { $this->setTableName('country_user'); $this->hasColumn('user_id', 'integer', 5, array( 'notnull' => true, 'unsigned' => true, 'length' => 5, 'type' => 'integer', 'primary' => true, )); $this->hasColumn('country_id', 'integer', 5, array( 'type' => 'integer', 'notnull' => true, 'unsigned' => true, 'length' => 5, 'primary' => true, )); } } A: I need CountryUser object, and I know, that such relation can be made without additional object. But that is the answer to your question. Youre setting it up as a many-to-many by using the refClass as such youre always goign to get a Doctrine_Collection when accessing the relation. This is how it works, im not sure why you would expect a single object. You might be able to override the accessor to only return a single record if there is only one in the collection, but this is most likely going to break things because everything is going to be expecting a Doctine_Collection to be returned from this accessor: class User extends sfDoctrineRecord { public function getCountry( $coll = $this->_get('Country'); if($coll->count() == 1){ return $coll->getFirst(); } else { return $coll; } } } The real solution is to use the proper type of relationship... Also... if youre using Symfony why in gods name are you not using the YAML definitions? Its so much easier to use and manage.
Stephen Gillett bounds into the outdoor-home-theater section of a Best Buy store just a few blocks from the retailer’s headquarters in suburban Minneapolis. He’s wearing a gray Geek Squad polo shirt, jeans, and running shoes. In his beefy hands he clutches a venti latte from Starbucks—the company where, until last March, he served as chief information officer. Life was good back then. He had a plum position at a resurgent company, and he’d recently remodeled his home in a beautiful Seattle suburb. Yet Gillett traded all of that to move to the frozen Midwest and take on a catchall position—president of digital, global marketing and strategy—at Best Buy, an ailing company that many presume is doomed. Just a few years ago, Best Buy was hailed as one of the finest retailers in the world. It had vanquished its rival, Circuit City, and was likely selling more electronics per square foot than any other company. But by 2012 it was in tatters. Its CEO, Brian Dunn, had resigned after an alleged “inappropriate” relationship with a female employee erupted into scandal. In the ensuing chaos, Best Buy’s legendary billionaire founder and largest shareholder, Richard Schulze, began a campaign to wrest back control of his blue-shirted baby through a private-equity buyout. Meanwhile, the tough economy had not been kind to Best Buy’s bottom line: Profits in the second quarter of 2012 plummeted 91 percent from the same period in 2011. Over the past two years, the company’s share price has fallen 60 percent. But Best Buy faced an even more fundamental challenge: The entire big-box retail industry appeared to be dying. Consumers were moving away from the one-stop shop, favoring more bespoke experiences like those offered in the famously profitable Apple Stores. It wasn’t hard to see the appeal. Apple curates a limited selection of hardware, software, and accessories, making it much easier for its sales staff to answer shoppers’ questions. The Genius Bar and in-store workshops help them understand even the tiniest details of their iPads and iPhones. People lapped up the stunning service. The mobile Internet posed an even larger problem for big boxes. Showrooming was a potentially existential challenge—customers coming into the store to get hands-on experience with a product, then whipping out their smartphone to purchase it from Amazon at a lower price. And new sites were transforming consumer behavior in ways that Schulze had never anticipated. Etsy and Kickstarter turned tech gear and accessories from commodities into vehicles for individual expression. Why buy the same laptop stand as the rest of the world when you could pick up a limited-edition model made of bird’s-eye maple by an artist in Brooklyn? Even the very structure of the retail economy seemed to be in doubt. Best Buy thrived in an era of mass tech products; there was no better way to move huge amounts of inventory than through its massive showrooms. But hotly anticipated new gizmos like the Pebble watch could skip showrooms altogether, amassing donations on Kickstarter directly from customers. Best Buy got its start in 1981, when a tornado tore through one of the earliest stores, then called Sound of Music. Schulze and his crew responded by salvaging what merchandise they could and piling it on tables in the parking lot for a “tornado sale.” The success of that sale spawned the no-frills, low-price, big-box approach that Best Buy has doggedly followed ever since. But three decades later, that strategy had grown stale. Best Buy couldn’t always offer the best prices, its stores didn’t carry many of the most lustworthy gadgets, and its employees often couldn’t answer rudimentary questions. Roaming the aisles of Best Buy, past piles of remaindered DVDs and stacks of clearance tech, was overwhelming and depressing. This was the company that was asking Gillett to uproot his family and risk his career. At 36, Gillett looks very much like the former college football player he is. Stocky, with a goatee and thinning hair, he radiates an athlete’s energy and enthusiasm—a bit of a John Madden vibe. “See this TV?” he asks, pointing to what looks like an average 46-inch flat panel hanging above a gleaming BBQ. “You’re supposed to hose it down every week to clean it. How awesome is that? I want one.” He leads the way out of the patio showroom and through a 300-pound soundproof door that is the gateway to the most badass home theater I have ever experienced. Soft beige cloth-covered walls hide dozens of speakers. LED-lit stars twinkle on the ceiling while an HD projector beams out a perfect image of Kung Fu Panda. Pumped by the onscreen action, Gillett slides onto a leather couch and starts to describe how he convinced his wife to make the move with him. Gillett had already helped reboot Starbucks. When he posed the idea of taking on another gut-wrenching turnaround at Best Buy, “she had one question,” Gillett says. “Is there anything at Best Buy worth going through a transformation for?” It was a very good question. It was, in fact, one that the entire retail industry had been asking. Best Buy’s success or failure will have ramifications far beyond its own balance sheet. If it can find a place for traditional retail in the smartphone age, it will provide a glimpse of what the future might look like for other big-box stores. If it can’t, it might signal their demise. For Gillett, a technology wunderkind at Starbucks who had his pick of jobs, the answer to his wife’s penetrating question was clearly yes. That’s why he’s here today, marveling at one of the world’s most expensive home theaters, his butt on the showroom couch. Now he just has to convince shoppers to do the same thing. Let’s pause here to remember an easily overlooked fact. Despite the corporate debacles, despite the plummeting stock price, despite the uneasy future of retail, Best Buy still sells a hell of a lot of consumer electronics. It’s the biggest PC retailer, the biggest independent phone retailer, and the largest camera retailer in the world. It sells more tablets than any other retailer—including Apple. Last year, Best Buy clocked $50 billion in sales, roughly the same as in 2010. That’s about 50 percent more than the next-largest consumer-electronics retailer, Walmart. Analysts estimate that Amazon does just about $14 billion in annual electronics sales. “You can listen to all the crap out there that everyone is talking, but the real measure is that people go into Best Buy and put their money down,” says Stephen Baker, a vice president at the market research firm NPD Group. “And they put more money down at Best Buy, more often, than they do anyplace else—by a large number.” If Best Buy can’t find a place for the big-box store in the smartphone age, it could go the way of Tower Records and Borders and Blockbuster. That’s true as far as it goes. But tell it to Tower Records or Borders or Blockbuster, all of which were retail powerhouses before getting battered by the logic of the digital economy. But now all the services that retailers once provided can be found in a few mouseclicks or smartphone taps: infinite selection, shopping advice, and the answer to every question, available 24/7. What’s more, because online companies don’t have to pay for storefronts, they can offer their wares at a lower price. And the online hive mind can usually provide better shopping advice than one lone salesperson. So how does Best Buy survive? Is there still a role for a physical retailer in the digital future? The employees beavering through the company’s headquarters certainly seem to think so. Indeed, they carry themselves with the kind of pluck you might not expect from a firm that has cycled through three CEOs in six months. Pretty much everyone exudes a sense of urgency and possibility. More than one person describes the company as a $50 billion startup, where everything is subject to change. Best Buy certainly shook things up when it hired its new executive team. Instead of picking a group of strivers who had come up through the blue-shirted sales ranks, the company brought in a band of outsiders—Gillett; Scott Durchslag, who left Expedia to lead Best Buy’s online business; and CEO Hubert Joly—to help manage the turnaround. Joly is a polished Frenchman with a facility for numbers. He’s made a career of putting wayward companies like Vivendi and, most recently, the business-travel agency Carlson Wagonlit Travel back on course. “I was not looking for a job, and I was not suicidal,” Joly says with a smile about his decision to take the position. For a week, Joly worked on the floor at several Best Buy stores. He also holed up for three straight days with leaders from across the organization. He emerged surprisingly cheerful and very optimistic. He understands the problems he faces; for instance, the quality of salespeople varies wildly. But he sees some very good blue-shirts among the ranks and thinks he can make the rest much better with proper training. “We have a range of opportunities,” he says. “There are challenges, but I like the set of cards I have been given.” One way to cope with those challenges might be to close stores and try to push customers toward the company’s website. But that’s not really an option. Most Best Buy stores are signed to long-term leases, which could be impossibly expensive to break—especially since it would be difficult to find another big-box retailer to take them off the company’s hands. Best Buy has already closed 50 stores, but it seems pretty much stuck with the rest. “Stores have been the ugly stepsister of retail,” says Fiona Dias, a former executive at CircuitCity.com and chief strategy officer of the online shopping service ShopRunner. “They need to flip that process and turn their real estate into a positive.” So how can Joly do that? By focusing on the strengths of physical retail that online companies simply can’t match. Take the problem of showrooming. Yes, it’s a threat, but it also underscores a shortcoming of digital commerce: People want to try before they buy, and they can’t do that on Amazon. That might provide a key to Best Buy’s future. Meanwhile, it’s not as if Best Buy doesn’t have a sizable online business of its own. By revenue, BestBuy.com is the 11th-largest ecommerce site, booking about $3 billion a year. That’s a fraction of Amazon’s electronics business and just 6 percent of Best Buy’s total revenue, but it’s growing by 15 to 20 percent every quarter. At that rate the site could account for half of Best Buy’s sales within three years. Behind that digital business is a vast logistics network that delivers products quickly and reliably to 1,400 stores across the country. Order a TV or iPad online and Best Buy can get it to a nearby store for you to pick up that day. Amazon and eBay, meanwhile, are launching their own same-day delivery efforts, which involve setting up and expanding distribution networks. Best Buy already has the digital and physical assets. It just needs to figure out how to fit them together. And that is where Gillett comes in. When he joined the company in the spring, Gillett embarked on a tour of several Best Buy stores, spreading the word about his vision. It was an ambitious plan, one that combined physical storefronts and digital infrastructure into one organic package. To Best Buy employees, demoralized by years of hearing about their impending doom, Gillett was a godsend—someone who actually understood how digital retail worked and who felt that Best Buy had a role to play within it. They nicknamed him Neo, a reference to the messianic hero of The Matrix. Gillett doesn’t speak of himself in such lofty terms, but he does have a Neo-like knack for seeing the digital scaffolding behind the physical world. In Gillett’s view, digital and physical aren’t separate realms, just two sides of the same coin. Best Buy will try to be all things to all shoppers: a high-end experience to rival the Apple store and an infinite online warehouse like Amazon. For instance, Best Buy has begun to embrace the showrooming trend with a pilot project that it has launched in 50 stores. When a customer comes in to test out a few high-end cameras, a sales rep with a tablet can meet them to compare specs on the various models. Meanwhile, specially trained reps try to provide the kind of service that customers can’t easily find online. These aren’t the typical overwhelmed Best Buy sales associates who know just a little bit about every product in the store. Instead, these reps are trained in a narrower range of gear. Just as Apple Store employees need master only a few computers and gadgets, Best Buy workers can specialize in, say, phones, laptops, or stereos. If the customer finds a model they like, the rep can pull up a list of comparison sites to locate the lowest price. (Both Joly and Gillett say that matching competitors’ prices is a top priority, and they are beginning to do so in some cases. That could get easier as state after state begins requiring Amazon to charge sales tax on its transactions.) And if a shopper has their heart set on a product that isn’t in stock, the rep can help them place an order through BestBuy.com, which offers an almost infinite selection. They then have a choice of delivery methods—same-day in-store pickup or home delivery, which can include an in-home photo-editing tutorial. Already, almost half of Best Buy’s online customers have their purchases delivered to the store, not their home. That’s partly because they can get it faster and because many shoppers don’t want to leave a package of pricey electronics sitting untended on the front porch. But it’s also because they might have questions about setup, features, and accessories, which Best Buy’s in-store personnel can help answer. And, of course, while they are there getting help they can always pick up an extra memory card, battery, or some other gizmo to go with their new purchase. At Best Buy headquarters they call that inverse showrooming. It’s not a phrase liable to catch on anywhere else, but it makes the point. “I want you to be able to walk into Best Buy, and, if you want to participate in the enhanced digital offerings we’re developing, they are there for you,” Gillett says. “If not, they’re invisible—it looks like a store.” Despite all the digital pizazz, Gillett wants to keep the focus on the advantages inherent in a physical store. “What beats Amazon Prime and free shipping?” he asks. “For me, it’s something that’s in stock, near me, and right now. That beats free shipping any day of the week—and if you can add a knowledgeable blue-shirt and a price match, you are golden.” Gillett may be gunning for Amazon, but he’s clearly learned something from the company as well. Amazon started out as an online retailer, which required it to build a vast digital infrastructure. Today it leases pieces of that infrastructure to businesses across the web, through its Amazon Web Services division. Gillett thinks that in the future, Best Buy could provide its own infrastructure—logistics, fulfillment, inventory, support—to other physical and online retailers. It’s not hard to imagine Best Buy offering retail services to Kickstarter—providing Geek Squad support and warranties for Pebble watches, for instance. “We haven’t gotten there yet,” Gillett says. “But what if there was a model that took us there? That would be phase one of a transformation.” If it can pull off that transformation, the new Best Buy will make even today’s big boxes look small. It will try to be all things to all shoppers: a high-end customer-service experience to rival the Apple Store, an infinite online warehouse that can compete on price with the likes of Amazon, a retail chain for the personal-tech powerhouses, and a friendly retail partner for garage inventors. It will combine mass-market and niche in a way no store has ever been able to pull off. One way or another, Best Buy is clearly at the beginning of a metamorphosis; whether it’s a rebirth or a death spiral remains to be seen. Senior editor Michael V. Copeland (michael_copeland@wired.com) wrote about Intel in 20.08.
721 F.Supp. 629 (1989) STATE OF NEW YORK by Robert ABRAMS, Attorney General, Plaintiff, v. Arthur R. BROWN, Jr., et al., Defendants. Civ. A. 88-1512. United States District Court, D. New Jersey. May 24, 1989. As Amended September 20 and October 11, 1989. Robert Abrams, Atty. Gen. State of New York, Lloyd Constantine, Asst. Atty. Gen., Chief, Antitrust Bureau, Joseph Opper, Karen Mankes, Pamela Jones, New York City, and Linda Gargiulo, Nutley, N.J., for plaintiff. W. Cary Edwards, Atty. Gen. of New Jersey (at time of briefing and argument), Eugene J. Sullivan, Asst. Atty. Gen., Mark 630 Oshinskie, Deputy Atty. Gen., Trenton, N.J., for defendants. OPINION WOLIN, District Judge. The State of New York, by its Attorney General, has brought this action to challenge a New Jersey statute and regulation that prohibit the sale of milk in New Jersey below cost. New York alleges that the statute and regulation have both the purpose and effect of discriminating against New York milk dealers and thus violate the Commerce Clause of the United States Constitution both on their face and as applied. New York has named as defendants Arthur R. Brown, Jr., the New Jersey Secretary of Agriculture, and Woodson W. Moffett, Jr., the Director of the State's Division of Dairy Industry. Brown and Moffett have moved for summary judgment on three grounds. First, defendants contend that this Court has no jurisdiction to hear this case. Second, Brown and Moffett argue that New York has no standing to assert the interests of New York milk dealers, who, Brown and Moffett contend, are the aggrieved parties, if any. Finally, the New Jersey defendants argue that the statute and regulation in question do not violate the Commerce Clause but rather are the least burdensome method of achieving the valid legislative goal of promoting stability in an industry that is particularly susceptible to destructive competition. New York has cross-moved for summary judgment. The Court will deny both motions. BACKGROUND Ever since the time of the Great Depression, which witnessed the destructive effects of unchecked competition on the dairy industry, the federal government[1] and many individual States have regulated the price of milk. According to defendants, 20 States currently set minimum prices at or above which dealers must sell to retailers. Milk's perishability and the industry's sensitivity to anticompetitive practices create the need for this regulation; price competition can quickly destroy many dealers, leading to monopolies or oligopolies and ultimately higher consumer prices. As they affect the purely internal commerce of a State, state milk control laws are evaluated under the Due Process Clause of the Fourteenth Amendment and will be upheld as long as the laws are rationally related to the Legislature's purposes. Nebbia v. New York, 291 U.S. 502, 538-39, 54 S.Ct. 505, 516-17, 78 L.Ed. 940 (1934). As they impinge on interstate commerce, however, state milk control laws are subject to the more exacting scrutiny of the Commerce Clause. Baldwin v. G.A.F. Seelig, Inc., 294 U.S. 511, 519, 521-26, 55 S.Ct. 497, 498, 499-501, 79 L.Ed. 1032 (1935). In order to reduce the instability in the State's milk industry, the New Jersey legislature in 1941 enacted the New Jersey Milk Control Act ("the Act"), ch. 274, 1941 N.J. Laws 713 (codified as amended at N.J.S.A. § 4:12A-1 et seq.).[2]See Garden State 631 Farms, Inc. v. Mathis, 61 N.J. 406, 422-23, 294 A.2d 713, 721 (1972); Abbotts Dairies, Inc. v. Armstrong, 14 N.J. 319, 323-24, 328, 102 A.2d 372, 374-75, 376-77 (1954). The Act establishes a Milk Control Board and vests certain powers in the Director of Milk Control. N.J.S.A. §§ 4:12A-2 & -3. The Act provides that, subject to certain limitations not relevant here, [t]he director may fix the price at which milk is to be bought, sold, or distributed; regulate conditions and terms of sale; establish and require observance of fair trade practices; supervise, regulate and control the entire milk industry of the State of New Jersey, including the production, importation, classification, processing, transportation, disposal, sale or resale, storage or distribution of milk as defined in this act in the State of New Jersey in those matters and in every way necessary to carry out the purposes of this act and necessary to control or prevent unfair, unjust, destructive or demoralizing practices which are likely to result in the demoralization of agricultural interest in this State engaged in the production of milk or interfere with the maintenance of a fresh, wholesome supply of sanitary milk for the consumers of this State. Id. § 4:12A-21. The Director originally imposed absolute minimum prices applicable to all sellers of milk in New Jersey. In 1980, however, the Director abolished these fixed minimum prices and instead promulgated regulations prohibiting milk producers from selling milk below their cost. The regulations provide: It shall be unlawful and a violation of these regulations for any dealer licensee to directly or indirectly be a party to, or assist in, any transaction to sell or offer to sell milk and milk products within the State of New Jersey, or for sale in the State of New Jersey at less than the cost thereof as hereinafter defined; but nothing in this regulation shall prevent a dealer from meeting the price or offer of a competitor for a product or products of like quality and nature in similar quantities; but nothing in this section shall prohibit bulk, distress or business-closing sale if prior notice of such sale has been filed with the Director of the Division of Dairy Industry; provided however that the burden of proving and properly documenting the meeting of a competitive price shall rest with the licensee asserting the claim. N.J.Admin.Code § 2:52-6.1. The definition of cost adopted by the Director is what is commonly known as "average total cost" or "fully distributed cost."[3] Under this standard the cost of a unit of output is calculated by totalling all the expenses of production including fixed costs such as rent, executive compensation and insurance and dividing by total output. In contrast to the average total cost or fully distributed cost, "marginal cost" is the seller's cost to produce the next additional output of milk. This cost is difficult to calculate, so "average variable cost" is frequently used in its stead. Average variable cost, which by definition is lower than average total cost, includes variable costs such as raw materials, fuel and labor, but excludes all fixed costs. See O. Hommel Co. v. Ferro Corp., 659 F.2d 340, 349 (3d 632 Cir.1981), cert. denied, 455 U.S. 1017, 102 S.Ct. 1711, 72 L.Ed.2d 134 (1982); Areeda & Turner, Predatory Pricing and Related Practices Under Section 2 of the Sherman Act, 88 Harv.L.Rev. 697, 716-17 (1975). Additional regulations promulgated by the Director prohibit a milk retailer from changing its source of milk without the prior approval of the Director. Such approval may only be obtained upon two weeks' notice to the Director and the current milk dealer and upon a determination by the Director that no regulations, including the below-cost regulation, would be violated. N.J.Admin.Code § 2:53-4.1. New York alleges that on 177 occasions in the period between January 1, 1985 and November 23, 1987, New Jersey retailers filed with defendants notices of intent to switch to milk suppliers who are licensed, incorporated and domiciled in New York and who ship their milk from facilities within New York, and that in at least 35 such instances defendant Moffett denied the applications as violative of the New Jersey below-cost regulation. Among the New York dealers alleged to be the subject of such rejection notices are Dellwood Foods, Inc., Queens Farms Dairy, Inc., Beyer Farms, Inc., Queensboro Farm Products, Inc. and Pound Ridge Dairy, Inc.[4] New York alleges that in many of these instances the New York dealer had evinced the intention to sell milk competitively and profitably above average variable cost, but that in all such instances Moffett's action effectively prohibited the shipment of wholesome and competitively priced milk from New York to New Jersey. According to New York, defendants have enforced the regulations so as to prohibit a New Jersey retailer from buying milk in New York at a price below the New York dealer's average total cost. Plaintiff's Statement Pursuant to Local Rule 12(G), ¶ 8. In several of the above instances the sale from the dealer to the retailer was to have occurred in New York, so that Moffett's action prohibited sale transactions occurring wholly within the State of New York. First Amended Complaint ¶¶ 18-23. While conceding that New Jersey officials may prohibit the sale of milk below average variable cost, New York contends that it is a violation of the Commerce Clause for the New Jersey Director of Milk Control to prohibit pricing between average variable cost and average total cost. Defendants have not filed a formal answer but instead have brought this summary judgment motion on three grounds. First, defendants contest this Court's jurisdiction by asserting that this case is a controversy between two States and thus within the exclusive jurisdiction of the Supreme Court pursuant to 28 U.S.C. § 1251(a). Brown and Moffett also contend that New York has no standing to bring this action and that the alleged wrongs can be addressed in another case filed in this Court by a New York dealer that does have standing, Beyer Farms, Inc. v. Brown, 721 F.Supp. 644. With regard to the merits, defendants argue that total average cost was selected as the regulatory cost standard because it most accurately reflects a dealer's true costs. Since a dealer who sells below this level cannot sustain a milk distribution business over an extended period of time, defendants argue, a dealer who sells below this level must be presumed to be doing so in order to purposefully drive competitors out of business. Of course, a dealer could compensate for the sale of a certain percentage of product at marginal cost by selling its remaining product at a price above total average cost. The result in the instant case, however, according to defendants, would be higher prices for New York consumers, the very people on whose behalf New York is allegedly suing. See Defendants' Initial Brief at 8-10. 633 Defendants further argue that the below-cost regulation is applied evenhandedly to all in-state and out-of-state dealers who sell or wish to sell in New Jersey. Sources cited by defendants indicate that of the 322 licensed milk dealers in the State, 82 or 26% are out-of-state dealers, and that 22% of the total milk sold in New Jersey is sold by out-of-state dealers. In addition, taking issue with New York's allegations, defendants argue that only two dealers Dellwood and Beyer Farms have received denials. Finally, defendants assert that New York's motive in bringing this action is merely to avenge a 1987 ruling requiring New York to open its milk market to out-of-state (particularly, New Jersey) dealers, Farmland Dairies v. Commissioner of New York State Department of Agriculture and Markets, 650 F.Supp. 939, 951 (E.D.N.Y.1987)[5]; this decision has allegedly resulted in reduced profits for New York milk dealers. DISCUSSION I. Jurisdiction Defendants challenge this Court's jurisdiction to hear the case. Both defendants are officials of the State of New Jersey and have been sued in both their individual and official capacities. They assert that the real defendant is the State of New Jersey, and that a district court has no jurisdiction to hear a claim by one State against another. Article III, § 2, cl. 2 of the United States Constitution provides that "[i]n all cases ... in which a State shall be a party, the Supreme Court shall have original Jurisdiction." Although that constitutional provision does not automatically render the Supreme Court's jurisdiction exclusive, see Ames v. Kansas, 111 U.S. 449, 464, 4 S.Ct. 437, 444, 28 L.Ed. 482 (1884); United States v. 4,450.72 Acres of Land, 27 F.Supp. 167, 176 (D.Minn.1939), aff'd sub nom. Minnesota v. United States, 125 F.2d 636 (8th Cir.1942), Congress has rendered the Supreme Court's jurisdiction of disputes between States exclusive by enacting 28 U.S.C. § 1251(a), which provides that "[t]he Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States." New York seeks to avoid the effect of § 1251(a) on the ground that its naming of New Jersey officials is not merely a procedural ploy but rather a recognition of the fact that it is the officials' enforcement of the statute that is allegedly unconstitutional. According to New York, the New Jersey Legislature, in enacting the Milk Control Act, did not specifically empower and embrace the below cost pricing regulations promulgated by defendants and found in N.J.A.C. §§ 2:52-6.1 et seq. In support of its argument, New York cites Louisiana v. Texas, 176 U.S. 1, 20 S.Ct. 251, 44 L.Ed. 347 (1900). In that case Texas enacted a statute that gave both the Governor and the chief Texas Health Officer authority to promulgate regulations for the establishment and maintenance of quarantines against infectious diseases. In response to an outbreak of yellow fever, the Governor of Texas imposed a quarantine in border and coastal sections of Texas on persons and things coming from places infected by yellow fever. The quarantine regulations required fumigation and detention of ships and cargoes from infected ports, but permitted continued commerce between infected ports and Texas subject to those restrictions. Upon receiving a report that a case of yellow fever existed in New Orleans, the Health Officer placed an embargo on all commerce between New Orleans and Texas. Louisiana brought suit against Texas in the Supreme Court under the Court's original jurisdiction over disputes between States. Id. at 2-4, 20 S.Ct. at 252. Texas objected to the Supreme Court's original jurisdiction on the ground 634 that Louisiana was not contesting the acts of Texas as a State but rather the acts of the Texas Health Officer in carrying out a concededly constitutional statute in an unconstitutional manner. Id. at 12, 20 S.Ct. at 254. The Supreme Court agreed, holding: [I]n order that a controversy between States, justiciable in this court, can be held to exist, something more must be put forward than that the citizens of one State are injured by the maladministration of the laws of another.... [A] controversy between States does not arise unless the action complained of is state action, and acts of state officers in abuse or excess of their powers cannot be laid hold of as in themselves committing one State to a distinct collision with a sister State. Id. at 22, 20 S.Ct. at 258. The Court went on to hold that Louisiana had not alleged facts to show that Texas had "so authorized or confirmed the alleged action of her health officer as to make it her own." Absent such allegations, the Court held, the two States were not in controversy within the meaning of the Constitution; therefore the Supreme Court did not have original jurisdiction over the dispute. Id. at 22-23, 20 S.Ct. at 258-59. The unstated corollary of the Louisiana v. Texas holding is that if two States are not in controversy, 28 U.S.C. § 1251(a) does not preclude a district court from exercising jurisdiction over a dispute. The Court agrees with New York that the case at bar does not involve a controversy between the States of New York and New Jersey. Ever since Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908), the Supreme Court has drawn a clear line between the sovereign acts of a State itself and the acts of its officials. Thus the Eleventh Amendment[6] does not bar suits by individuals against officials of a State for unconstitutional enforcement of valid State laws or even for enforcement of unconstitutional State laws because "the use of the name of the State to enforce an unconstitutional act ... is a proceeding without the authority of and one which does not affect the State in its sovereign or governmental capacity." Id. at 159-60, 28 S.Ct. at 454; see Scheuer v. Rhodes, 416 U.S. 232, 237-38, 94 S.Ct. 1683, 1687, 40 L.Ed.2d 90 (1974). Defendants note that the Supreme Court has never applied the doctrine of Ex parte Young to controversies between one State and the officials of another. There is no sound reason, however, not to so extend the doctrine. Just as a suit between a private citizen and the officials of a State is not barred by the Eleventh Amendment, so a suit between one State and the officials of another for the enforcement of an unconstitutional act or for the unconstitutional enforcement of a valid act is not barred by 28 U.S.C. § 1251(a). New York's First Amended Complaint attacks both the constitutionality of the Milk Control Act and the manner in which defendants are enforcing that Act through the regulations promulgated thereunder. This Court has jurisdiction to hear both aspects of New York's claim since 28 U.S.C. § 1251(a) is not applicable to this case. II. Standing Defendants contend that New York has no standing to contest the New Jersey Milk Control Act and the ensuing regulations. New York counters that it has an interest of its own in protecting the rights of its citizens under the doctrine of parens patriae standing. The Supreme Court recently revisited the common law doctrine of parens patriae standing in Alfred L. Snapp & Son, Inc. v. Puerto Rico ex rel. Barez, 458 U.S. 592, 102 S.Ct. 3260, 73 L.Ed.2d 995 (1982). After tracing the history of the common law doctrine, the Court noted that that doctrine has little to do with the concept of parens patriae standing that has developed in American law. In order to have standing 635 under the modern doctrine, the Court noted, a state must have a "quasi-sovereign" interest. The Court defined such interests against the background of other interests asserted by States: sovereign interests, proprietary interests and private interests. Id. at 600-06, 102 S.Ct. at 3265-68. Quasi-sovereign interests, the Court held, fall into two general categories. First, a State has a quasi-sovereign interest in the health and well-being both physical and economic of its residents in general. Second, a State has a quasi-sovereign interest in not being discriminatorily denied its rightful status within the federal system. Id. at 607, 102 S.Ct. at 3269. With respect to the first category, the Supreme Court declined to set any definite limit on the proportion of the State's population that must be adversely affected, but noted: Although more must be alleged than injury to an identifiable group of individual residents, the indirect effects of the injury must be considered as well in determining whether the State has alleged injury to a sufficiently substantial segment of its population. One helpful indication in determining whether an alleged injury to the health and welfare of its citizens suffices to give the State standing to sue as parens patriae is whether the injury is one that the State, if it could, would likely attempt to address through its sovereign lawmaking powers. Id.[7] With regard to the second category of quasi-sovereign interests, the Court noted that a State has an interest in securing observance of the terms under which it participates in the federal system. In the context of parens patriae actions, this means ensuring that the State and its residents are not excluded from the benefits that are to flow from participation in the federal system. Thus, the State need not wait for the Federal Government to vindicate the State's interest in the removal of barriers to the participation by its residents in the free flow of interstate commerce. Id. at 607-08, 102 S.Ct. at 3269 (citing Pennsylvania v. West Virginia, 262 U.S. 553, 43 S.Ct. 658, 67 L.Ed. 1117 (1923)). In the case at bar, New York asserts quasi-sovereign interests in both categories. First, New York notes the importance of the dairy industry to the State's economy. The dairy industry generates over $3.5 billion annually and employs more than 60,000 people in the production, processing and distribution of dairy products. Plaintiff's Memorandum at 29 (citing Legislative Commission on Dairy Industry Development, Concerns of the Dairy Industry, at III (1986)). New York further notes that milk is an indispensable food to many New Yorkers and that its supply at reasonable prices must be assured. Id. Indeed, in a declaration of policy the New York legislature recognized the importance of the industry by stating that the milk industry is a paramount agricultural activity of this state and of the northeast ... and is a business affecting the public health and welfare of the inhabitants of this state and of the northeast; [and] that the production and marketing of milk ... is of vast economic importance to the state and ... of great importance both to the welfare of the [state's] dairy farmers and health and welfare of the consumers.... New York Agriculture and Markets Law § 258-p. As further evidence of the importance of its dairy industry, New York points out that its legislature granted the State Attorney General the power to bring lawsuits such as the instant one to challenge laws perceived to violate the Commerce Clause.[8] 636 As already noted, New York asserts an alternative quasi-sovereign interest, namely, its interest in not being discriminatorily denied its rightful status within the federal system. Suits under the Commerce Clause, New York argues, are particularly apt for parens patriae standing since, as stated in Snapp, a State has an interest in securing for itself and its citizens the benefits of federalism. See 458 U.S. at 608, 102 S.Ct. at 3269; see also Great Atlantic and Pacific Tea Co. v. Cottrell, 424 U.S. 366, 380, 96 S.Ct. 923, 932, 47 L.Ed.2d 55 (1976). Finally, New York contends that the fact that it is seeking injunctive, and not monetary, relief militates in favor of parens patriae standing. See Hawaii v. Standard Oil Co. of California, 405 U.S. 251, 261, 92 S.Ct. 885, 890-91, 31 L.Ed.2d 184 (1972). Defendants deny that New York has a quasi-sovereign interest in either category. Addressing the first category, defendants contend that New York has not alleged injury to a sufficiently substantial segment of its population. Rather, defendants contend, it is the interests of a small number of New York milk dealers that are at stake. Moreover, defendants argue, the interests of this "special interest group" are at odds with the interests of New York milk consumers because the sale by New York dealers below cost in New Jersey would arguably result in higher milk prices for New York consumers. This conflict, according to defendants, belies New York's stated motive of acting on behalf of its citizenry. Defendants have not responded directly to New York's alternative argument that it has parens patriae standing to challenge the alleged denial of its rightful status within the federal system. The Court finds that New York has asserted quasi-sovereign interests in both Snapp categories and therefore has parens patriae standing to challenge the New Jersey milk pricing regulation. Under Snapp New York clearly has a quasi-sovereign interest in the economic well-being of its citizens. 458 U.S. at 607, 102 S.Ct. at 3269. As already noted, the dairy industry is one of the State's most significant, generates over $3.5 billion annually and employs more than 60,000 people. Although there is no magic formula for determining whether the alleged injury is of a sufficient magnitude, the Court believes that limitations on the right of one of a State's most significant industries to export its products to a neighboring State cause sufficient injury to the State's economic well-being as to give the State parens patriae standing. The alleged wrong, if proven by New York, limits the opportunities of her people, shackles her industries, retards her development, and relegates her to an inferior economic position among her sister States. These are matters of grave public concern in which [New York] has an interest apart from that of particular individuals who may be affected. [New York's] interest is not remote; it is immediate. Georgia v. Pennsylvania Railroad Co., 324 U.S. 439, 451, 65 S.Ct. 716, 723, 89 L.Ed. 1051 (1945) (granting Georgia parens patriae standing to challenge an alleged price-fixing conspiracy in the railroad industry). Moreover, as indicated in Snapp, a State is likely to have parens patriae standing with respect to injuries that the State would likely address through its sovereign lawmaking powers. 458 U.S. at 607, 102 S.Ct. at 3269. Here New York has done just that in enacting legislation that authorizes the State's Attorney General to bring suit in courts of any State to challenge statutes and regulations that restrict the access of New York milk dealers and producers to out-of-state markets. The Court rejects defendants' argument that this statute, even if it were deemed special interest legislation, is a "private bill" within the meaning of Snapp and thus unworthy of consideration by the Court. See 458 U.S. at 607 n. 14, 102 S.Ct. at 3269 n. 14. Rather, the statute supports this Court's conclusion that New York has parens patriae standing in the case at bar. 637 Nor does the Court attach much importance to defendants' arguments that New York is acting on behalf of its dairy industry to the detriment of New York consumers. Such an argument, though tantalizing, is unacceptable because it prejudges the merits at the threshold inquiry of standing. Furthermore, although the sale by New York dealers in New Jersey of milk products below cost may initially result in higher milk prices for New York consumers, New York could very well have concluded that such sales would strengthen the New York milk industry, thus benefiting the New York economy as a whole, and perhaps ultimately resulting in lower milk prices for New York consumers. More importantly, it is for New York to decide whether in protecting the rights of one substantial class of its citizens it is willing to tolerate jeopardizing the rights of another. III. The Merits The Commerce Clause of the United States Constitution, art. I, § 8, cl. 3, grants Congress the power "[t]o regulate Commerce ... among the several States...." This grant of power to Congress has an obverse commonly known as the "dormant" Commerce Clause (but hereinafter referred to merely as the Commerce Clause) which prohibits the States from "erecting barriers to the free flow of interstate commerce." Raymond Motor Transportation, Inc. v. Rice, 434 U.S. 429, 440, 98 S.Ct. 787, 793, 54 L.Ed.2d 664 (1978). Although the Commerce Clause itself does not expressly fix the bounds of these restraints, the Supreme Court has extrapolated those boundaries from the purposes of the Commerce Clause; those purposes were expressed by Justice Jackson in his oft-quoted opinion in H.P. Hood & Sons, Inc. v. Du Mond, 336 U.S. 525, 69 S.Ct. 657, 93 L.Ed. 865 (1949): This principle that our economic unit is the Nation, which alone has the gamut of powers necessary to control of [sic] the economy, including the vital power of erecting customs barriers against foreign competition, has as its corollary that the states are not separate economic units.... The material success that has come to inhabitants of the states which make up this federal free trade unit has been the most impressive in the history of commerce, but the established interdependence of the states only emphasizes the necessity of protecting interstate movement of goods against local burdens and repressions.... Our system, fostered by the Commerce Clause, is that every farmer and every craftsman shall be encouraged to produce by the certainty that he will have free access to every market in the Nation, that no home embargoes will withhold his exports, and no foreign state will by customs duties or regulations exclude them. Likewise, every consumer may look to the free competition from every producing area in the Nation to protect him from exploitation by any. Such was the vision of the Founders; such has been the doctrine of this Court which has given it reality. Id. at 537-39, 69 S.Ct. at 665; see City of Philadelphia v. New Jersey, 437 U.S. 617, 623, 98 S.Ct. 2531, 2535, 57 L.Ed.2d 475 (1978). In order to distinguish legitimate state regulation from state laws repugnant to the Commerce Clause, the Supreme Court has adopted a two-tiered analysis. Where a state statute directly regulates or discriminates against interstate commerce, or where it has the effect of favoring in-state economic interests over out-of-state interests, the Court has generally struck down the statute as per se unconstitutional without engaging in further analysis. Brown-Forman Distillers Corp. v. New York State Liquor Authority, 476 U.S. 573, 578-79, 106 S.Ct. 2080, 2084, 90 L.Ed.2d 552 (1986) (citing City of Philadelphia, supra, and other cases). On the other hand, where the statute has only indirect effects on interstate commerce and regulates evenhandedly, the Court has upheld the statute so long as the incidental effects on interstate commerce do not clearly outweigh the putative local benefits. Id.; Pike v. Bruce Church, Inc., 397 U.S. 137, 142, 90 S.Ct. 638 844, 847, 25 L.Ed.2d 174 (1970) (citing Huron Portland Cement Co. v. City of Detroit, 362 U.S. 440, 443, 80 S.Ct. 813, 816, 4 L.Ed.2d 852 (1960)). The Court has recognized that there is no bright line between the two tiers of the analysis and that under either approach the key consideration is the "overall effect of the statute on both local and interstate activity." Brown-Forman, 476 U.S. at 579, 106 S.Ct. at 2084-85 (citing Raymond Motor, 434 U.S. at 440-41, 98 S.Ct. at 793-94). Of the many occasions on which the Supreme Court has had the opportunity to review milk control regulations under the Commerce Clause, Baldwin v. G.A.F. Seelig, Inc., 294 U.S. 511, 55 S.Ct. 497, 79 L.Ed. 1032 (1935), is the most closely on point.[9] At issue in Baldwin was a New York regulation that prohibited the sale in New York of milk supplied by out-of-state dealers unless the dealer had paid the out-of-state producer a minimum price fixed by the regulation. New York had conceded that it could not regulate the price of milk sold in Vermont nor prohibit the introduction into New York of milk acquired in Vermont, no matter what the price. The Supreme Court, in an opinion by Justice Cardozo, struck the law down on the ground that the establishment of minimum prices would "set a barrier to traffic between one state and another as effective as if customs duties, equal to the price differential, had been laid upon the thing transported." Id. at 521, 55 S.Ct. at 500. The Court rejected an argument that the statute was a valid exercise of New York's police power designed to ensure an adequate and stable supply of milk by allowing farmers to earn a living, and that any incidental obstruction of interstate commerce was thus justified. "This would be to eat up the rule under the guise of an exception," wrote Justice Cardozo. Id. at 522-23, 55 S.Ct. at 500. In rejecting a final argument that the price of milk was directly related to its wholesomeness, the Court stated: The next step would be to condition importation upon proof of a satisfactory wage scale in factory or shop, or even upon proof of the profits of the business. Whatever relation there may be between earnings and sanitation is too remote and indirect to justify obstructions to the normal flow of commerce in its movement between states. Id. at 524, 55 S.Ct. at 501. (A) Whether the Regulations Directly Regulate Interstate Commerce or Discriminate Against Out-of-State Producers in Purpose or Effect Turning to the first tier of Commerce Clause analysis, the Court must determine whether the New Jersey milk pricing regulation directly regulates interstate commerce or discriminates against out-of-state producers in purpose or effect. The Court will address each of these issues in turn. (1) Direct Regulation Like the regulation at issue in Baldwin, New York asserts, the New Jersey below-cost regulation controls the price at which out-of-state producers may sell milk to dealers for ultimate sale in New Jersey, even if the producer-dealer transaction takes place outside New Jersey. Thus, according to New York, the New Jersey milk regulation directly regulates interstate commerce and is invalid under Baldwin and City of Philadelphia, supra. 639 The Supreme Court has expressly held that "[f]orcing a merchant to seek regulatory approval in one State before undertaking a transaction in another directly regulates interstate commerce." Brown-Forman, 476 U.S. at 582, 106 S.Ct. at 2086 (citing Edgar v. MITE Corp, 457 U.S. 624, 642, 102 S.Ct. 2629, 2640, 73 L.Ed.2d 269 (plurality opinion)). In Brown-Forman the Court struck down a New York law that required every distiller or producer that sold liquor to wholesalers within the State to sell at a price no higher than the lowest price that it charged to wholesalers anywhere else in the United States. Id. at 582-84, 106 S.Ct. at 2086-87. In Edgar the Court struck down an Illinois blue-sky law that regulated transactions that took place across state lines even if wholly outside the State, with a plurality agreeing that the statute was a direct regulation of interstate commerce in violation of the Commerce Clause. 457 U.S. at 641-43, 102 S.Ct. at 2640-41.[10] New York argues that the present case fits squarely within those holdings. Defendants assert, however, that this Court should not deem the sale in New York by a New York dealer to a New Jersey retailer to be a transaction taking place in New York; reminding the Court that the ultimate destination of the product in question is New Jersey, defendants would have the Court view the dealer-retailer sale in New York as not a transaction in its own right but rather a mere precursor to the ultimate consumer transaction in New Jersey. New York's argument finds support in a Fifth Circuit ruling affirmed by the Supreme Court without opinion, Louisiana Dairy Stabilization Board v. Dairy Fresh Corp., 631 F.2d 67 (5th Cir. Unit A 1980), aff'd, 454 U.S. 884, 102 S.Ct. 375, 70 L.Ed.2d 199 (1981). In that case the Louisiana milk control board promulgated regulations prohibiting price differentials by retailers and price discrimination between different purchasers of like commodities. The board's regulations required dairy processors to be licensed and to pay assessments of three cents per hundred-weight on all milk equivalents used in the processing of dairy products. The regulations made no distinction between in-state and out-of-state processors. Id. at 68. The Fifth Circuit affirmed the district court's determination that the regulations violated the Commerce Clause because they unreasonably burdened the flow of interstate commerce by restricting the access of out-of-state suppliers to Louisiana markets in order to protect local economic interests. Id. at 68-69. The court did so while noting that its ruling had the effect of relieving out-of-state processors of any obligation to pay assessments on milk processed, sold and delivered out-of-state, even though sold and delivered to Louisiana purchasers and packaged and intended for retail sale by those purchasers in Louisiana. Id. at 68. The Fifth Circuit's opinion supports New York's argument that New Jersey may not regulate dealer-retailer transactions that occur outside that State. Under this view, the New Jersey milk control regulations would violate the Commerce Clause to the extent that they regulate the price that an out-of-state dealer may charge a New Jersey retailer in a transaction that occurs outside New Jersey. The Court, however, does not view the instant case to be one of direct regulation. The best method of determining whether a state law regulates interstate commerce assuming the case is not an obvious one where a State forbids the entry of or imposes a tariff on goods produced in other States is to inquire whether the statute or regulation has the same effect as a tariff that is, if the law gives an advantage to the enacting State's industries or destroys a competitive edge enjoyed by out-of-state industries. See Baldwin, 294 U.S. at 521-22, 527-28, 55 S.Ct. at 500, 502-03; Kentucky West Virginia Gas Co. v. Pennsylvania Public Utility Commission, 837 F.2d 600, 612 (3d Cir.), cert. denied, ___ U.S. ___, 109 S.Ct. 365, 102 L.Ed.2d 355 (1988). If the law in question does not function as a tariff, but 640 rather affects intrastate and interstate commerce evenhandedly to effectuate legitimate state objectives, then the effects on interstate commerce are viewed as merely incidental. This does not remove the law from all Commerce Clause scrutiny, of course, since it still must survive a Pike v. Bruce Church balancing test. Kentucky West Virginia Gas, 837 F.2d at 612. The New Jersey regulation at issue here, unlike the New York regulation at issue in Baldwin and unlike prior New Jersey regulations enacted under the Milk Control Act, does not function as a tariff but instead regulates intrastate and interstate commerce evenhandedly. While the other regulations set an out-of-state dealer's minimum price as no lower than the costs of instate dealers, the current New Jersey regulation sets an out-of-state dealer's minimum price (as well as those of in-state dealers) as no lower than its own costs. Because the below-cost regulation measures every dealer against its own efficiency, and not the efficiency of New Jersey dealers, it does not amount to direct regulation of interstate commerce. It may have incidental effects on interstate commerce, but these will be weighed on the Pike v. Bruce Church balance to determine whether the regulation violates the Commerce Clause.[11] (2) Intentional Discrimination New York contends that the New Jersey Milk Control Statute and below-cost regulations intentionally discriminate against out-of-state producers. New York's first piece of evidence to support this contention is the New Jersey Legislature's declaration that the purpose of the Milk Control Act was to salvage the State's dairy industry. Ch. 274, 1941 N.J. Laws 713; see supra note 1. The Court does not find this statement to evince purposeful discrimination. A fair reading of the preamble indicates no more than that the statute was aimed at protecting New Jersey's milk industry from itself, not from outside competition. New York points next to § 49 of the Milk Control Act, N.J.S.A. § 4:12A-49, which provides: It is the intent of the Legislature that the instant, whenever that may be, that the handling within the State, by a milk dealer, of milk produced outside of the State, becomes a subject of regulation by the State, in the exercise of its police powers, the restrictions set forth in this act respecting such milk so produced shall apply and the powers conferred by this act on the director shall attach. After any such milk so produced shall have come to rest within the State, any sale, within the State, by a licensed milk dealer, processor, subdealer or store or a milk dealer required by this act to be licensed, of any such milk purchased from the producer at a price lower than that required to be paid for milk produced within the State, purchased under similar conditions, shall be unlawful and deemed a violation of this act, and for continued violations the director, by the Attorney-General, may maintain an action in the Superior Court to restrain such further unlawful acts. Contrary to New York's assertions, however, the above section does not evince intentional discrimination. New York seems to be cross-breeding the concepts of direct regulation and intentional discrimination to arrive at the hybrid of intentional regulation. This hybrid, however, as long as it does not amount to intentional direct regulation, see supra Part III(A)(1), is not per se violative of the Commerce Clause. 641 In the instant case, although the New Jersey Legislature may have intended to regulate interstate commerce, there is no basis for finding that it intended to directly regulate such commerce or to regulate such commerce in a discriminatory manner. The Court finds no obvious protectionist intent in the New Jersey Milk Control Act. The Court's conclusion is not changed by findings of the New Jersey Supreme Court cited by New York. It is true that legislative intent is a matter of state law on which the highest state court speaks with finality. Mullaney v. Wilbur, 421 U.S. 684, 690-91, 95 S.Ct. 1881, 1885-86, 44 L.Ed.2d 508 (1975); Minotti v. Lensink, 798 F.2d 607, 610 (2d Cir.1986), cert. denied, 482 U.S. 906, 107 S.Ct. 2484, 96 L.Ed.2d 376 (1987). The cases cited by New York, however, like the statute itself, establish no more than that the statute was enacted to help the State's dairy industry in a time of crisis. See Abbott Dairies, Inc. v. Armstrong, 14 N.J. 319, 329-30, 102 A.2d 372, 377 (1954); National Dairy Products Co. v. Milk Control Board, 133 N.J.L. 491, 497, 44 A.2d 796, 799 (S.Ct.1945). The only New Jersey Supreme Court case that hints at protectionism, Garden State Farms, Inc. v. Mathis, 61 N.J. 406, 426-27, 294 A.2d 713, 723 (1972), indicates only that there may have been a protectionist motive in the enactment by the Director of the Division of Dairy Industry of an order that is now defunct and not at issue here.[12] The highest court of New Jersey made no determination in Garden State Farms as to whether the Milk Control Act of 1941 itself was motivated by a desire to protect the New Jersey dairy industry from out-of-state competitors. This Court declines to read an impermissible motive on the part of an administrator in 1969 as evidence of an improper motive on the part of the Legislature in 1941. A review of the Milk Control Act itself and the New Jersey Supreme Court's interpretation of the statute's purposes has revealed no clear evidence that the statute was enacted with the intent to discriminate against out-of-state products or purveyors of such products. (3) Discrimination in Fact In support of its claim of a discriminatory effect, New York, as already noted, has produced evidence that in 1987 alone at least 30 applications by New York dealers to supply New Jersey retailers were denied by defendants on the ground that the sales prices were below their dealers' average total cost (but above their average variable cost). Noticeably absent from the record, however, is any evidence as to what percentage of applications by New York dealers this figure amounts to and the corresponding figures for New Jersey dealers. Thus the Court is unable at this point to determine whether the below-cost regulation has had a discriminatory effect on interstate commerce. The parties shall have an opportunity to develop the record further to aid the Court in resolution of this issue. (B) Whether the Local Benefits of the Regulations Outweigh Any Incidental Effects on Interstate Commerce Unlike the regulations at issue in Baldwin, the New Jersey provisions regulate evenhandedly: they apply to both in-state and out-of-state dealers and they set an out-of-state dealer's minimum allowable price with respect to the dealer's own costs and not with respect to those of New Jersey dealers. The Court also finds that the regulations serve a legitimate public interest in that they seek to ensure the continued availability of wholesome milk to New Jersey consumers and to ensure the continued vitality of the State's dairy industry. But even if the Court ultimately finds no discriminatory effect on interstate commerce, the New Jersey milk regulations nevertheless have an incidental effect on interstate commerce in that they are prohibiting certain transactions between New 642 York dealers and New Jersey retailers. The critical question in a Pike v. Bruce Church balancing test, then, is whether the burden imposed on interstate commerce is clearly excessive in relation to the putative local benefits. 397 U.S. at 142, 90 S.Ct. at 847; see also Brown-Forman, 476 U.S. at 579, 106 S.Ct. at 2084; Raymond Motor, 434 U.S. at 441-42, 98 S.Ct. at 794. Cognate to this inquiry is whether the legitimate local interest could be promoted in a manner that has a lesser impact on interstate commerce. Pike, 397 U.S. at 142, 90 S.Ct. at 847. Relying on antitrust principles, New York argues that New Jersey could prevent predatory pricing and thus ensure the availability of milk at low prices to New Jersey consumers by using a means less burdensome to interstate commerce, namely, by adopting an average variable cost standard rather than one based on average total cost. Courts and commentators have divided the pricing range into three zones for determining whether pricing is predatory: pricing below average variable cost; pricing above average variable cost but below average total cost; and pricing above average total cost. E.g., Jaskow & Klevorick, A Framework for Analyzing Predatory Pricing Policy, 89 Yale L.J. 213, 250-55 (1979). According to Professors Areeda and Turner, the authors of an influential law review article that has been followed by many courts, pricing at or above reasonably anticipated average variable cost should be conclusively presumed lawful, while pricing below that level should be conclusively presumed unlawful. Areeda & Turner, supra, 88 Harv.L.Rev. at 733. Pricing in the intermediate category (between average variable cost and average total cost) carries a conclusive presumption of legality in at least one circuit, Northeastern Telephone Co. v. American Telephone and Telegraph Co., 651 F.2d 76, 88 (2d Cir.1981), cert. denied, 455 U.S. 943, 102 S.Ct. 1438, 71 L.Ed.2d 654 (1982), and a rebuttable presumption of legality in several others, Henry v. Chloride, Inc., 809 F.2d 1334, 1346 (8th Cir.1987); Arthur S. Langenderfer, Inc. v. S.E. Johnson Co., 729 F.2d 1050, 1056 (6th Cir.), cert. denied, 469 U.S. 1036, 105 S.Ct. 510, 83 L.Ed.2d 401 (1984); William Inglis & Sons Baking Co. v. ITT Continental Baking Co., 668 F.2d 1014, 1035-36 (9th Cir.1981), cert. denied, 459 U.S. 825, 103 S.Ct. 57, 74 L.Ed.2d 61 (1982)[13]; Chillicothe Sand & Gravel Co. v. Martin Marietta Corp., 615 F.2d 427, 432 (7th Cir.1980); Pacific Engineering & Production Co. v. Kerr-McGee Corp., 551 F.2d 790, 797 (10th Cir.), cert. denied, 434 U.S. 879, 98 S.Ct. 234, 54 L.Ed.2d 160 (1977). The Third Circuit has not spoken definitively on the subject, but has indicated its likely support for the theory that pricing between average variable cost and average total cost is at least rebuttably, if not conclusively, nonpredatory. In O. Hommel Co. v. Ferro Corp., 659 F.2d 340, 352 (3d Cir.1981), cert. denied, 455 U.S. 1017, 102 S.Ct. 1711, 72 L.Ed.2d 134 (1982), the court was faced with pricing above average total cost, so did not need to address the permissibility of pricing below average total cost but above average variable cost. The court stated: "While we are inclined to accept the basic premise of the Areeda and Turner thesis that predatory intent may not be inferred from sales at or above average variable cost ..., we need not declare our adherence to that or any other economic theory proposed." Id.; see also Sunshine Books, Ltd. v. Temple University, 697 F.2d 90, 91 (3d Cir.1982) (assuming, without deciding, the validity of the Areeda and Turner thesis). In a rather conclusory manner,[14] defendants object to New York's invocation of 643 antitrust principles and protest that such principles are inapplicable to a Commerce Clause analysis. The Court disagrees. The interests asserted by New Jersey preserving its milk industry and protecting its consumers by preventing predatory pricing sound in antitrust. The Areeda and Turner theory, as adopted in large part by many circuits, posits that pricing between average variable cost and average total cost has negligible destructive effects on competition. By force of this theory, there is arguably little mass on the side of the scale that measures the benefit of the below-cost regulation to New Jersey consumers or even the New Jersey milk industry. There seems to be more substance on the other side of the balance: although there is an exception that allows a dealer to price below cost in order to meet the price of a competitor, New York contends that in order to successfully compete in the New Jersey market, New York dealers must be allowed to better their competitors' prices, not just meet them. Affidavit of Henry Beyer, ¶ 11. Moreover, the Pike v. Bruce Church balancing test requires the Court to consider the availability of alternative means that may advance the State's legitimate aims in a manner less burdensome to interstate commerce. Areeda and Turner's postulate that it is pricing below average variable cost (as a substitute for marginal cost) that is destructive to competition supports New York's argument that New Jersey has such an alternative means at its disposal. That the use of an average variable cost standard would be less burdensome to interstate commerce follows from the fact that average variable cost is by definition lower than average total cost. With respect to New York dealers such as Beyer and Dellwood, who wish to sell in the intermediate range, the New Jersey below-cost regulation is clearly having incidental effects on interstate commerce that could be alleviated by a standard based on average variable cost. Viewing the record as it now stands, however, the Court is unable to conduct a complete balancing test pursuant to Pike v. Bruce Church. Neither New York nor New Jersey has weighed in with a plenary analysis of the relative effects of the current New Jersey below-cost regulation and a hypothetical regulation based on average variable cost.[15] To aid in its decision, the Court does not need additional legal argument so much as additional factual arguments. Some of the specific facts that need to be addressed, by expert analysis or otherwise, are as follows: (1) the number and percentage of New York dealers that would likely sell at a price between average variable cost and average total cost if they were allowed to do so; (2) to what extent the ability to do so would lower the barriers to entry into the New Jersey milk market for New York-based dealers; (3) whether, in the specific context of the New Jersey dairy market, the Areeda and Turner thesis is correct in predicting no destructive effects on competition for pricing between average variable cost and average total cost.[16] Accordingly, the Court will deny the cross-motions for summary judgment and allow for further development of the record. CONCLUSION The Court determines that it has subject matter jurisdiction over this action, that the State of New York has standing to bring the action, that the New Jersey below-cost regulation does not directly regulate interstate commerce and that New Jersey has not intentionally discriminated against interstate commerce. Nevertheless, the *644 Court will deny the cross-motions for summary judgment. Within 30 days of the date hereof, the parties shall submit to the Court any documentary evidence that they wish the Court to consider in determining whether the New Jersey below-cost regulation has a discriminatory effect on interstate commerce and whether the regulation is justified under a Pike v. Bruce Church balancing test. The parties may submit therewith a supplemental brief not exceeding 30 pages in length. If the parties wish to present live testimony or further oral argument on any of these issues, they shall so notify the Court within 15 days of the date hereof so that the Court may set a hearing date. Otherwise, the Court will decide the matter on the papers. The Court invites Beyer Farms, Inc., the plaintiff in Beyer Farms, Inc. v. Brown, 721 F.Supp. 644, to move to intervene in this action pursuant to Fed.R.Civ.P. 24. The Court likewise invites Cumberland Farms, Inc., which has already been granted permission to intervene in Beyer, to move to intervene in this action, although the maximum scope of Cumberland's intervention will, of course, be governed by the Court's July 14, 1988 letter opinion and order in Beyer. Such motions may be made returnable on short notice (on a minimum of seven days' notice) so that the Court may consider any submissions by Beyer Farms as well. An order implementing this opinion has been filed herewith. ORDER For the reasons discussed in an opinion of the Court filed herewith, It is on this 24th day of May, 1989 ORDERED that the parties' cross-motions for summary judgment are denied; and it is further ORDERED that within 30 days of the date hereof the parties shall submit to the Court any further documentary evidence that they wish the Court to consider in determining whether the New Jersey below-cost regulation has a discriminatory effect on interstate commerce and whether the regulation is justified under a Pike v. Bruce Church balancing test; and it is further ORDERED that the parties may file therewith a supplemental brief not exceeding 30 pages in length; and it is further ORDERED that if the parties wish to present live testimony or further oral argument, they shall so notify the Court within 15 days of the date hereof; and it is further ORDERED that leave is hereby granted to Beyer Farms, Inc., plaintiff in Beyer Farms, Inc. v. Brown, Civil Action No. 87-3017, and Cumberland Farms, Inc., an intervenor in that action, to move on short notice (on a minimum of seven days' notice) to intervene in this action pursuant to Fed. R.Civ.P. 24, so that the Court may, if such motion is granted, consider similar submissions by that party on the issues remaining in this case. NOTES [1] See 7 U.S.C. § 601 et seq.; 7 C.F.R. part 100 et seq. [2] The Legislature made the following findings in a preamble to the Act: It is found and declared that an emergency exists affecting the milk industry in this State; in the interest of the health and welfare of the citizens of this State, it is necessary to continue control of the milk industry in this State; that this act is an emergency law, necessary for the immediate preservation of the public peace, to preserve, protect and promote the public welfare, health and safety, and enacted in the exercise of the police power reserved to the States to protect the citizens of this State in such respect; that it is made necessary by the conditions of unfair, unjust, destructive and demoralizing practices, heretofore existing or threatened, and presently threatening, in the production, sale and distribution of milk which are likely to result in the demoralization of the agricultural interests of this State engaged in the production of milk and the creation of conditions inimical to the health of the public of this State; that it is the policy and intent of this act to prevent these unfair, unjust, destructive and demoralizing practices by providing a reasonable return for the milk producer, so as to prevent possible curtailment of a sufficient supply of fresh, wholesome, sanitary milk for our citizens; and that it is necessary in order to assure an adequate supply of fresh, wholesome, sanitary milk and to protect the public health and welfare, to treat the production, sale and distribution of milk as a business affecting the public health and affected with a public interest. Ch. 274, 1941 N.J.Laws 713, quoted in Historical Note following N.J.S.A. § 4:12A-1. [3] The term "cost" is defined as follows: The term `cost' as used herein shall include, but not be limited to, the basic cost of raw or reconstituted milk or derivatives thereof as determined in accordance with the joint State-Federal orders administered by the Division of Dairy Industry and the United States Department of Agriculture in the State of New Jersey; the cost of any added ingredients; and all other costs associated with the business of the dealer, for example, but not limited to, the cost of material, labor, salaries of executives and officers, the cost of receiving, cooling, processing, manufacturing, storing and distributing the product sold; rent, depreciation, selling expense, maintenance charges, delivery expense, license fees, taxes, insurance, advertising, advertising allowances, gifts, free service and all other costs as may be incurred, allocated proportionately to each unit of product sold in accordance with generally accepted cost accounting principles. N.J.Admin.Code § 2:52-6.2. [4] New York alleges that in 1987 alone at least 30 applications by New York dealers to ship milk to New Jersey dealers were denied by Brown and Moffett because, although the dealers were selling above average variable cost, they were selling below average total cost. Dellwood Farms, Inc. was denied permission to supply 27 New Jersey retailers; Beyer Farms, Inc. was denied permission to supply three New Jersey retailers. Plaintiff's Statement Pursuant to Local Rule 12(G), ¶ 10. [5] Defendants also cite a New York below-cost regulation almost identical to New Jersey's. See New York Agriculture & Markets Law § 258-u. That regulation, however, has never been enforced, according to New York, and in any event has been repealed as of April 1, 1989 by the New York Milk Control and Milk Producer Security Reform Act of 1987. Moreover, as New York notes, its regulation, in contrast to New Jersey's, prohibited below-cost sales only upon a finding that the purpose or effect of the transactions was to destroy competition. [6] The Eleventh Amendment to the Constitution provides: "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." [7] Of course, private bills that have been or could be enacted to aid particular individuals do not evince a general interest that would give the State standing. 458 U.S. at 607 n. 14, 102 S.Ct. at 3269 n. 14. [8] The Milk Control and Milk Producer Security Reform Act of 1987 provides: Upon referral of any complaint by the commissioner [of the department of agriculture and markets], the attorney general may bring an action in any state or federal court within or outside the state, for the purpose of invalidating such barriers or burdens upon interstate commerce and for such other relief as may be appropriate. The attorney general may bring such action in a parens patriae capacity. New York Agriculture and Markets Law § 258-r(4). [9] See also Dean Milk Co. v. City of Madison, 340 U.S. 349, 354, 71 S.Ct. 295, 297-98, 95 L.Ed. 329 (1951) (striking down a municipal ordinance that forbade the sale of pasteurized milk within the city unless it was pasteurized and bottled at an approved plant within five miles of the city); H.P. Hood & Sons, 336 U.S. at 545, 69 S.Ct. at 668 (striking down a New York statute that the New York Agriculture Commissioner had used in denying a license to a Massachusetts distributor on the ground that its licensure would adversely affect New York economic interests); Milk Control Board v. Eisenberg Farm Products, 306 U.S. 346, 352-53, 59 S.Ct. 528, 531, 83 L.Ed. 752 (1939) (upholding a Pennsylvania statute that required a Pennsylvania dealer to obtain a license from the State, to post a bond and to observe minimum prices where the burdens on interstate commerce were merely incidental because there was "a comparatively large field remotely affecting and wholly unrelated to interstate commerce within which the statute operate[d]"). [10] A majority of the Edgar Court found the statute to violate the Commerce Clause under the alternative test of Pike v. Bruce Church, supra. Edgar, 457 U.S. at 643-46, 102 S.Ct. at 2641-42. [11] The Court notes the undesirable consequences of a ruling that the below-cost regulation may not reach dealer-retailer transactions in another State even though the goods exchanged are intended for ultimate retail sale in New Jersey. In the wake of such a ruling, New York dealers could set up dummy corporations in New Jersey and transfer ownership of milk products to the New Jersey dummy corporation in New York. The phony New Jersey "dealer" could then sell New York milk in New Jersey at any price with complete immunity from New Jersey regulation; it could presumably even sell the milk below the New York dealer's average variable cost as long as the New Jersey dummy dealer "bought" it from the New York dealer at that price. The Court, however, does not wish to encourage such subterfuge. And even New York seems to concede that New Jersey has the right to prohibit the sale of New York milk in New Jersey below the New York dealer's average variable cost. [12] The order at issue in Garden State Farms, Order 69-1, established an absolute minimum on retail milk prices (as distinguished from a relative minimum, whereby each dealer's minimum price is set with respect to its own competitiveness). See 61 N.J. at 413-16, 294 A.2d at 716-18. [13] See also Transamerica Computer Co. v. International Business Machines Corp., 698 F.2d 1377, 1384-86 (9th Cir.1983), cert. denied, 464 U.S. 955, 104 S.Ct. 370, 78 L.Ed.2d 329 (1983). [14] Defendants argue: The antitrust cases cited by New York are simply unhelpful to a court which is asked to consider whether legitimate price controls at the state level violate the Commerce Clause, or whether the manner of setting prices affects the lawfulness of valid price regulations. The antitrust laws which apply to the setting of prices in the private market place simply have no applicability to the question of whether states or the federal government may regulate prices or, if so, by what criteria. Defendants' Reply Brief, at 5-6 (emphasis added). Courts and litigants alike are in the habit of using the word "simply" to bridge gaps in logic. See Barnett, Simply Put at the Court, Nat'l L.J., May 15, 1989, at 13. [15] Much of the parties' attention has heretofore focused on the nonsubstantive issues, such as jurisdiction and standing, and on substantive issues that the Court has now disposed of, such as intentional discrimination and direct regulation of interstate commerce. [16] As noted above, the milk industry is particularly susceptible to destructive competition. It may be that the Areeda and Turner model must be modified in the case of such a perishable commodity.
In the attached chart, I used ZH’s own numbers. I combined the first 12 weeks of the year into three bars of four weeks each and calculated the year-over-year growth percentage. As you can see, the improvement has been dramatic. > > ZH’s second chart (below) isn’t really material. Since the first two months of the year were negative, of course the total for the year is still negative. But that isn’t the point, right? We are looking for a trend, after all. And since ZH did not take into consideration the tax-credit that began in April 2009, their unadjusted numbers understate withholdings for the first three months of this year by a substantial amount. On the unadjusted data, there is about a $6 billion shortfall this year. However, using the guesstimates of the Congressional Budget Office, I estimate: $463,027 million – Withholding for Q110 (adjusted) So, it is very likely that the economy has added jobs for all of Q1. This page explains my adjustment methodology and has links to the CBO reports: http://www.dailyjobsupdate.com/public/tax-cut-adjustments ZH’s concept of “net withholdings” doesn’t make sense. The purpose of looking at the withholding data is to try and get an idea of how many paychecks are being cut, not to make an accounting of the federal government’s cash flow. If you back-out tax refunds, then you have to consider what changes to the tax code may have had an effect. And the “American Recovery and Reinvestment Act of 2009″ had many provisions. The bottom line is that there were almost certainly more paychecks for the IRS to tax in 1Q10 than there were in 1Q09, and that means that the economy is expanding. ZH also included 6 work days in its Week #1 for 2009, and only 5 for Week #1 2010. Due to the New Year’s Day holiday, some of the carry-over is probably justified, but they cheated a little bit there. Note: Since the tax credit began in April 2009 and is still in effect, starting this month we can make apples-to-apples comparisons with the raw data. In the attached spreadsheet (Zero Hedge Rebuttal) I have broken the withholding data down into weeks, and then made three subtotals of four weeks each. Those subtotals appear on the chart, which is on the second page of the spreadsheet. Weeks 13 and 14 are not on the chart since they are part of the second quarter. Week 13 was weak, but Week 14 made up for it. Please use the comments to demonstrate your own ignorance, unfamiliarity with empirical data and lack of respect for scientific knowledge. Be sure to create straw men and argue against things I have neither said nor implied. If you could repeat previously discredited memes or steer the conversation into irrelevant, off topic discussions, it would be appreciated. Lastly, kindly forgo all civility in your discourse . . . you are, after all, anonymous. 76 Responses to ““Zero Edge” — Rebutting Faulty Tax Analysis” Thanks BR – This is the stuff that keeps me coming back. I enjoy Mish, ZH and TBP – it’s good to know that you are all keeping each other honest. Not being an expert I aggregate data & sentiment from these blogs to make investment decisions and this was one data point considered. Zero hedge used to have some really great out-of-the-box ideas. I thought I was special for even reading their commentary. For the most part (excluding 2 posters I can think of) they have now become nothing more than a doomsday machine posting “the end is here/near posts every hour”. If you ever read the comments section on their political postings, it is one big mix of crazy extremist anti-us propaganda garbage after another. I judge a place by the people who frequent it… I gave up on ZH about 4 months ago. It is a circle jerk of negativity. Anything that conflicts with their “manipulated markets/doomsday coming tomorrow” agenda is ignored. They had potential to be a real player with some real investigative gems but their political agenda has destroyed them. I think it just proves the old adage that “Every writer needs a good editor.” I am going to have to agree. I still read it because sometimes they do some good research and get some interesting data points. But more often than not, their main agenda is to bring utter panic to the markets and try to push bring the price of gold to 12k. Conspiracy theories are sometimes grounded in truth, but I dont know how some of the people at ZH sleep at night if they really think what is going on is actually going on. We initially had Yves Smith outing ZH many months ago about alleged shenanigans from ZH’s past and ZH’s use of a pseudonymous persona , ironically it turned out that Yves Smith is actually a “pen name” for a certain financial consultant named Susan Webber. In the process she lost one of her best contributors (Leo Kolivakis). Felix Salmon that mainstream media financial blogger also piled on, outing ZH for his alleged sins when ZH was a trader. Now we have Ritholtz (King of financial bloggers) trying to stir things up implying that ZH was some how directly challenging Matt Trivisonno commentary on payroll withholding, which is not the case. If Matt has an issue with ZH`s writings I am certain that ZH would welcome a rebuttal within the ZeroHedge.com forum and if Ritholtz has an issue with ZH`s opinion perhaps he would do well to take him on directly either here or over at Zerohedge. To simply post another blogger`s (Trivisonno) rebuttal of another bloggers (Zero Hedge) writings is at the very least bizarre and at worst a cop-out. ~~~ BR: I published Matt Trivisonno work last week. Zero Hedge called it out as wrong. I allowed Matt to respond here. That is theoretically possible. The increase could have been caused by a handful of rich people, or an army of poor people. But there is no way of discerning that from the withholding data because the Treasury Department does not break it down. However, the last NFP report did find a good number of jobs. “ZH’s concept of “net withholdings” doesn’t make sense. The purpose of looking at the withholding data is to try and get an idea of how many paychecks are being cut, not to make an accounting of the federal government’s cash flow. Zero Hedge appears to be using lower “cumulative” withholdings to demonstrate that the government is still collecting less revenue.” This is where the problem is. ZH is making a different point with the same data. ZH appears to be arguing the Government is taking in less revenue. Full stop. That’s all. Mr. Trivisonno appears to be assessing the breadth and depth of the current trend (adjusting for CRA provisions) from the side of the private sector. They are arguing different sides of the equation. They are both correct. Private sector has a slight uptick and the government, overall, has less revenue. (Adjustment accuracy notwithstanding) I like Zero Hedge, but they’ve been known to make a mistake or too. It’s the attitude on there that they are always right that rubs some people the wrong way. They do a good job of raising issues that should be raised and they are often the first to release info like that unredacted portion of the Lehman examiners report the other day. In regards to employment increase in the first quarter. I think it’s legit but I do not think it’s going to continue at a level to have an impact on the overall rate. I look at my own employer in the legal industry. The past quarter we had a slight increase in headcount; but what was obvious was that those that were let go were making way more money than those that were hired. I believe there’s a movement beyond what was going on the past two years where it was just chop head count to save money. The big hatchet jobs, save for what’s coming to public employees, is probably done in the private sector. I think what you’ll see going forward is the strategic replacement of higher paid workers with lower paid workers wherever that is possible. That’s why I don’t see consumer spending popping anytime soon. Point out any shred of good/positive strong news over there and they swarm around you will chainsaws ready to attack. They can write anything they want on their site but it certainly is getting more sensationally doomsdayish as the market steadily climbs. “The increase could have been caused by a handful of rich people, or an army of poor people. ” My bet is on a handful of rich people. It is very unlikely that an army of poor people would had actually paid income tax (pay is too low). Also if you look at the companies reporting so far (yes I know it is still early) like JPM and BoA made the bulk of their money by trading and not from the real economy ditto GE. Also, foreclosures (real economy) hit a record (Mish). Yes I know that retail saw better sales but I doubt that they pay their people enough to make a dent on the IRS receipts. So while ZH analysis may be off mark I get the feeling that your has its own bias as well… Well the knee-jerk reaction on Zero Hedge I think is in response to the government and the perma-bulls constantly blowing roses up our collective ass*s all the time. I can accept that perhaps employment figures improved slightly in the first quarter of this year, but it doesn’t change the immense amount of money the government has spent to try and make that happen and the employment returns for that expenditure is a joke. At the end of the day you have to ask yourself whether this uptick in employment is the start of an economic expansion or just the tail end of stimulus. That’s where the real debate is currently. I just don’t feel comfortable believing the bulls proposition that there’s going to be organic economic growth going forward from this point that’s going to lead to a recovery in jobs. I’m pointing out that the “actual data” you are using have many shades that you may be ignoring and you shouldn’t. As you have admitted the increase IRS receipts may come from an increase on the very rich earnings – you just don’t know. So why not mention that on your original post? Instead you said this: “The bottom line is that there were almost certainly more paychecks for the IRS to tax in 1Q10″. A more balanced or fair analysis would have read: “The bottom line is that there were almost certainly more paychecks (or higher earnings for some) for the IRS to tax in 1Q10 Thanks MT and BR. Matt’s data is always compelling (sometimes too compelling, to the point where others steal it without even a reference to the source!). I removed ZeroHedge from my favorites last night. The political zealots and racists is something I’ve come to just take for granted unfortunately (there are quite a number of blogs that have similar political nut jobs). …But, when people start insinuating that you should die for posting comments derived from 10-Q/Ks, prospecti, audited financials, Reg NMS and other similar sources that seem to run counter to their thesis (which is typically that all of the perceived lack of fairness in the world derives from GS), any utility ZH once had has been lost. Obviously, the withholding tax data covers the broad economy, and you cited the establishment number of 162,000 jobs created. But the “Employed” component of the “Civilian labor force” in the household survey increased from 138,333,000 to 140,854,000: “Obviously, the withholding tax data covers the broad economy, and you cited the establishment number of 162,000 jobs created. But the “Employed” component of the “Civilian labor force” in the household survey increased from 138,333,000 to 140,854,000″ And yet today from the BLS we get… “Regional and state unemployment rates were little changed in March. Twenty-four states recorded over-the-month unemployment rate increases, 17 states and the District of Columbia registered rate decreases, and 9 states had no rate change, the U.S. Bureau of Labor Statistics reported “ BTW I think there is a way to see if the increase on tax receipts is coming from the real economy of from other places. What are the tax receipts from the “financial” states? Are they increasing a lot faster that the rest of the country…? Robespierre is 100% correct re the banks major profit center currently being trading and that was what was to be expected given the lack of lending, the FED taking their junk assets in exchange for treasuries, and the suspension of FAS 157. Basically the government just said we’ll take your bad debts and here take this money and gamble at a time when assets were deflated across the board. That has more to do with market being where it is today than with any sort of “growth” prospects in the regular economy. Moreover it’s why mom and pop better have an exit strategy when the music stops. We have an even more imaginary banking system now than we’ve ever had in this country. “You are being ridiculous. Where in history has there been a recovery where only rich people got raises?” Now that comment probably kills any credibility you had. Every single report (private and government) has indicated that Americans as a whole are falling behind… Moreover the only saving grace in the past use to be the “house equity” now that there is not such thing I expect most Americans to be even more behind that the top %1. Moreover, globalization and the weakening of unions has have a “income depressing” effect on regular workers. What do you think of just comparing the gross receipts of the Federal Hospital Insurance Trust Fund (medicare) off of the Monthly Treasury Statement to discern a trend in wages since Medicare is taxed on all wages? On that basis, wages are still down 5.1% year over year. M_O_M has taken this approach. Zero Hedge has been wrong all the way up. They and like-minded data miners/Austrian economics/GOP partisans like David Goldman, Martin Feldstein, and the entire Tea Party movement have been all in cash since the last election Zero Hedge has collected the tin foil for the hats and the string for making big balls and has launched Attack Plan R… Ripper: Group Captain, I’m afraid this is not a exercise. Mandrake: Not an exercise, sir? Ripper: I shouldn’t tell you this, Mandrake, but you’re a good officer and you have a right to know. It looks like we’re in a shooting war. Mandrake: Oh, hell. Are the Russians involved sir? Ripper: Mandrake, that’s all I’ve been told. It just came in on the Red Phone. My orders are for this base to be sealed tight, and that’s what I mean to do: seal it tight. Now, I want you to transmit plan R, R for Robert, to the wing. Plan R for Robert. … Goldie: Major Kong, I know you’re gonna think this a crazy but I just got a message from base over the CRM 114. It decodes as Wing Attack plan R. R for Romeo. Kong: Goldie, did you say Wing Attack, plan R? Goldie: Yes Sir, I have. Kong: Goldie, how many times have I told you guys that I don’t want no horsin’ around on the airplane? Any way you “massage” the data (people PAY to see such lunacy?) you were wrong, continue to be wrong and then disparage your critics because you have too much pride to be wrong. This is the common MO of the economic analyst who must be right because they cannot accept that the world does not conform to their thinking. Or are you in the camp that the “real” number you cite is actually 333,000?! Have you ever actually read an NFP report? Since you obviously don’t know, the BLS conducts two surveys: the establishment survey, and the household survey. Seriously, look into it. Make an effort to educate yourself. “…the household survey has a more expansive scope than the establishment survey because it includes the self-employed, unpaid family workers, agricultural workers, and private household workers, who are excluded by the establishment survey.” Matt: The ZH article from early April makes absolutely no reference to Ritholtz or to yourself and your March commentary. I think it is great that you are taking ZH on and challenging their assumptions but I wonder why you do it on Ritholtz’s blog and not over at Zerohedge. It is interesting that ZH beat Barry to the GS breaking news and his been all over it since. While this debate over analysis is fun, I propose this is a less material indicator of a recovery than is being implied but lost in the debate. The facts are these and we already know them: 1) unemployment is under-counted since the change during the Clinton administration, 2) the economy is creating jobs (we already knew this), 3) it isn’t creating enough most months to account for the approximately 130,000 new entrants per month let alone the unemployed. So rising payrolls are misleading as an economic indicator if: 1) unemployment is growing (which it is), 2) they are quoted ante inflation (which they are while healthcare, food and energy are rising in price), 3) averages can distorted by high earners making more while the median workers make less. so the rich are finally going on a spending spree now that their portfolios are recovering. The vast middle and bottom are increasingly defaulting on mortgages, still ever more likely to be unemployed, and paying more for food, energy, and healthcare. this payroll analysis pales in comparison to the simple facts above. It’s a canard. fair enough and not continue this circular debate but if you took issue with his April 7 commentary (which had no reference to you or Ritholtz’s blog) why wouldn’t you just challenge ZH on his turf when he published his very brief commentary. and @ BR who says: “ZH is a blogger who covers Wall Street. I am a Wall Streeter who blogs.” I forgot that you were a “Wall Streeter” and wasn’t aware you were just a one man blogging show. Also nice to see that your are still “Persona Grata” at CNBC’s parent. I’ll give you this much, you make up for your lack of humility by being insulting. But, once again, are you STILL “suggesting” that the number you cited of 333,000 is the same as what the BLS (pick a survey, any survey) reported? If not, admit your error, or try to explain it, and move on. I have no reason to embarass you, no ax to grind, no sense that you are anything other than like most of the analysts….always right (at least in your own mind). What a lot of bickering over one chart. One would hope that some of the fiscal stimulus dumped into the WORLD economy would filter down into wages and show up as tax receipts for the PEOPLE. After all they used OUR money. Does this mean everything is going to be right and good from now on? I don’t think so. [...] Look at this doofus trying to spin me into a typical paranoid psychotic Zero Edge conspiracy theory. Ridiculous! I am, literally, just a guy running some numbers through a spreadsheet. Sure, various things exploded in my vicinity during my recent trip to Iran, but I swear it was all coincidence! [...] If I’ve understood the rebuttal to ZH in this article it is that last years tax break which came into effect in April means less taxes collected per wage dollar. Further, if Q1 2010 had the same tax regime as Q1 2009, taxes would be higher than Q1 2009. Now assuming I have got that correct, it doesn’t explain why social security collections are well down in Q1 YOY since SS represents a fixed % in the dollar and has remained the same in Q1 2009 and Q1 2010. So if an examination of taxes is undertaken as a kind of proxy for job creation, the SS revenues would indicate that job creation is not occurring. Further, this should come as no surprise since the number of people employed — according to official statistics — has been falling. So the SS receipts merely confirm what the BLS is showing about declining job numbers (not withstanding a bump in March). ZH provides information that others neglect, especially when it comes to the debt/bond markets. Anyone who shuns ZH because of the discussions that follow their articles needs to get their priorities straight. ZH have always been ahead of the curve in their reporting– others would do well to emulate their reporting. Actually, do you think you answer to anyone? In a profession where your words and work can effect thousands of lives, you sit on your own throne, wearing no clothes to cover your mistakes and then, when those mistakes are made, you “answer not to the people you mislead in the first place.” But to then criticize others who are approaching the question in a different way than you suggests that you have no professional or personal integrity. As we are, as consumers, in a Caveat Emptor world, you have provided the Caveat and proven you are Emptor. “BR: ZH is a blogger who covers Wall Street. I am a Wall Streeter who blogs. So while he was typing, I was speaking to our clients, doing a Tech Ticker interview for Yahoo, a radio interview, and then making arrangements with NBC World News Tonite.”” I had to read that about five times to make sure I read it right. Appearing on multiple news programs enhances your credibility?! Wow. ZH publishes a lot of dubious material – you have to read critically. To suggest that this blog somehow nails it and gets it right more than ZH means you are rating yourself way too highly. Certainty is the hallmark of a charlatan. As for Matt – I hope you are in your teens or early twenties. Your hyper defensive and belittling responses are unseemly for anyone who has outgrown the “I’m always right” age. Correct me if I’m wrong (this is not my area of expertise) but Matt’s point seems to be saying that the tax the government would have collected if the “Making Work Pay” tax credit was not in effect would have been higher than what is actually being collected. I’m not sure why this makes ZH wrong if less tax is actually coming in. As a businessman with a very wide circle of business owning friends I can assure you hiring has not picked up. The small business survey showed that small businesses are planning to shed staff. Small business is the actual engine of the US economy (not that you would ever guess this by looking at policy). Barry, glad to see you guys calling out Zerohedge. It feels like I’ve been a lone man beating a drum for quite some time now on their incessant misinformation rooted in unbelievably biased views on WallSt/politics/society/morality etc. I linked back to this thread on my weekly mkt update vid. Keep up the great work. -BIDHITTER Looks to me like real household income stayed flat for 3 years after the 2000 recession ended. Don’t tell me that the ‘rich people’ weren’t getting theirs during that period. Be logical. Is a business owner or manager going to pass along additional pay increases to their employees without taking something for themselves first? And don’t come back with some nonsensical statement about “well, a smart business person would…” Let’s deal in reality. What are people going to do? Say Hello About Barry Ritholtz Ritholtz has been observing capital markets with a critical eye for 20 years. With a background in math & sciences and a law school degree, he is not your typical Wall St. persona. He left Law for Finance, working as a trader, researcher and strategist before graduating to asset managementRead More... Quote of the Day "The largest Asian central banks have gone on record that they are curbing their purchases of US debt. And they are also diversifying their huge reserves, steadily moving away from the dollar. The risks have simply become too many and too serious." -W. Joseph StroupeEditor, Global Events Sign Up For My Newsletter Get subscriber only insights and news delivered by Barry every two weeks.
#include <v8.h> #include <node.h> #include <node_buffer.h> #include <msgpack.h> #include <cmath> #include <iostream> #include <vector> #include <stack> #include <nan.h> #include <stdio.h> using namespace std; using namespace v8; using namespace node; #define SBUF_POOL 50000 // MSC does not support C99 trunc function. #ifdef _MSC_BUILD double trunc(double d){ return (d>0) ? floor(d) : ceil(d) ; } #endif static Nan::Persistent<FunctionTemplate> msgpack_unpack_template; // An exception class that wraps a textual message class MsgpackException { public: MsgpackException(const char str) : msg(Nan::New<String>(str).ToLocalChecked()) { } Local<Value> getThrownException() { return Nan::TypeError(msg); } private: const Local<String> msg; }; // A holder for a msgpack_zone object; ensures destruction on scope exit class MsgpackZone { public: msgpack_zone _mz; MsgpackZone(size_t sz = 1024) { msgpack_zone_init(&this->_mz, sz); } ~MsgpackZone() { msgpack_zone_destroy(&this->_mz); } }; static stack<msgpack_sbuffer > sbuffers; #define DBG_PRINT_BUF(buf, name) \ do { \ fprintf(stderr, "Buffer %s has %lu bytes:\n", \ (name), Buffer::Length(buf) \ ); \ for (uint32_t i = 0; i * 16 < Buffer::Length(buf); i++) { \ fprintf(stderr, " "); \ for (uint32_t ii = 0; \ ii < 16 && (i * 16) + ii < Buffer::Length(buf); \ ii++) { \ fprintf(stderr, "%s%2.2hhx", \ (ii > 0 && (ii % 2 == 0)) ? " " : "", \ Buffer::Data(buf)[i * 16 + ii] \ ); \ } \ fprintf(stderr, "\n"); \ } \ } while (0) // This will be passed to Buffer::New so that we can manage our own memory. // In other news, I am unsure what to do with hint, as I've never seen this // coding pattern before. For now I have overloaded it to be a void pointer // to a msgpack_sbuffer. This let's us push it onto the stack for use later. static void _free_sbuf(char data, void hint) { if (data != NULL && hint != NULL) { msgpack_sbuffer sbuffer = (msgpack_sbuffer )hint; if (sbuffers.size() > SBUF_POOL \|\| sbuffer->alloc > (MSGPACK_SBUFFER_INIT_SIZE * 5)) { msgpack_sbuffer_free(sbuffer); } else { sbuffer->size = 0; sbuffers.push(sbuffer); } } } // Convert a V8 object to a MessagePack object. // // This method is recursive. It will probably blow out the stack on objects // with extremely deep nesting. // // If a circular reference is detected, an exception is thrown. static void v8_to_msgpack(Local<Value> v8obj, msgpack_object mo, msgpack_zone mz, size_t depth) { if (512 < ++depth) { throw MsgpackException("Cowardly refusing to pack object with circular reference"); } if (v8obj->IsUndefined() \|\| v8obj->IsNull()) { mo->type = MSGPACK_OBJECT_NIL; } else if (v8obj->IsBoolean()) { mo->type = MSGPACK_OBJECT_BOOLEAN; mo->via.boolean = Nan::To<bool>(v8obj).FromJust(); } else if (v8obj->IsNumber()) { double d = Nan::To<double>(v8obj).FromJust(); if (trunc(d) != d) { mo->type = MSGPACK_OBJECT_FLOAT; mo->via.f64 = d; } else if (d > 0) { mo->type = MSGPACK_OBJECT_POSITIVE_INTEGER; mo->via.u64 = static_cast<uint64_t>(d); } else { mo->type = MSGPACK_OBJECT_NEGATIVE_INTEGER; mo->via.i64 = static_cast<int64_t>(d); } } else if (v8obj->IsString()) { mo->type = MSGPACK_OBJECT_STR; mo->via.str.size = static_cast<uint32_t>(Nan::DecodeBytes(v8obj, Nan::Encoding::UTF8)); mo->via.str.ptr = (char) msgpack_zone_malloc(mz, mo->via.str.size); Nan::DecodeWrite((char)mo->via.str.ptr, mo->via.str.size, v8obj, Nan::Encoding::UTF8); } else if (v8obj->IsDate()) { mo->type = MSGPACK_OBJECT_STR; Local<Date> date = Local<Date>::Cast(v8obj); Local<Function> func = Local<Function>::Cast(Nan::Get(date, Nan::New<String>("toISOString").ToLocalChecked()).ToLocalChecked()); Local<Value> argv[1] = {}; Local<Value> result = Nan::Call(func, date, 0, argv).ToLocalChecked(); mo->via.str.size = static_cast<uint32_t>(Nan::DecodeBytes(result, Nan::Encoding::UTF8)); mo->via.str.ptr = (char) msgpack_zone_malloc(mz, mo->via.str.size); Nan::DecodeWrite((char)mo->via.str.ptr, mo->via.str.size, result, Nan::Encoding::UTF8); } else if (v8obj->IsArray()) { Local<Object> o = Nan::To<v8::Object>(v8obj).ToLocalChecked(); Local<Array> a = Local<Array>::Cast(o); mo->type = MSGPACK_OBJECT_ARRAY; mo->via.array.size = a->Length(); mo->via.array.ptr = (msgpack_object) msgpack_zone_malloc( mz, sizeof(msgpack_object) mo->via.array.size ); for (uint32_t i = 0; i < a->Length(); i++) { Local<Value> v = Nan::Get(a, i).ToLocalChecked(); v8_to_msgpack(v, &mo->via.array.ptr[i], mz, depth); } } else if (Buffer::HasInstance(v8obj)) { Local<Object> buf = Nan::To<Object>(v8obj).ToLocalChecked(); mo->type = MSGPACK_OBJECT_BIN; mo->via.bin.size = static_cast<uint32_t>(Buffer::Length(buf)); mo->via.bin.ptr = Buffer::Data(buf); } else { Local<Object> o = Nan::To<Object>(v8obj).ToLocalChecked(); Local<String> toJSON = Nan::New<String>("toJSON").ToLocalChecked(); // for o.toJSON() if (Nan::Has(o, toJSON).FromJust() && Nan::Get(o, toJSON).ToLocalChecked()->IsFunction()) { Local<Function> fn = Local<Function>::Cast(Nan::Get(o, toJSON).ToLocalChecked()); v8_to_msgpack(Nan::Call(fn, o, 0, NULL).ToLocalChecked(), mo, mz, depth); return; } Local<Array> a = Nan::GetPropertyNames(o).ToLocalChecked(); mo->type = MSGPACK_OBJECT_MAP; mo->via.map.size = a->Length(); mo->via.map.ptr = (msgpack_object_kv) msgpack_zone_malloc( mz, sizeof(msgpack_object_kv) mo->via.map.size ); for (uint32_t i = 0; i < a->Length(); i++) { Local<Value> k = Nan::Get(a, i).ToLocalChecked(); v8_to_msgpack(k, &mo->via.map.ptr[i].key, mz, depth); v8_to_msgpack(Nan::Get(o, k).ToLocalChecked(), &mo->via.map.ptr[i].val, mz, depth); } } } // Convert a MessagePack object to a V8 object. // // This method is recursive. It will probably blow out the stack on objects // with extremely deep nesting. static Local<Value> msgpack_to_v8(msgpack_object mo) { switch (mo->type) { case MSGPACK_OBJECT_NIL: return Nan::Null(); case MSGPACK_OBJECT_BOOLEAN: return (mo->via.boolean) ? Nan::True() : Nan::False(); case MSGPACK_OBJECT_POSITIVE_INTEGER: // As per Issue #42, we need to use the base Number // class as opposed to the subclass Integer, since // only the former takes 64-bit inputs. Using the // Integer subclass will truncate 64-bit values. return Nan::New<Number>(static_cast<double>(mo->via.u64)); case MSGPACK_OBJECT_NEGATIVE_INTEGER: // See comment for MSGPACK_OBJECT_POSITIVE_INTEGER return Nan::New<Number>(static_cast<double>(mo->via.i64)); case MSGPACK_OBJECT_FLOAT: return Nan::New<Number>(mo->via.f64); case MSGPACK_OBJECT_ARRAY: { Local<Array> a = Nan::New<Array>(mo->via.array.size); for (uint32_t i = 0; i < mo->via.array.size; i++) { Nan::Set(a, i, msgpack_to_v8(&mo->via.array.ptr[i])); } return a; } case MSGPACK_OBJECT_STR: return Nan::New<String>(mo->via.str.ptr, mo->via.str.size).ToLocalChecked(); case MSGPACK_OBJECT_BIN: return Nan::CopyBuffer(mo->via.str.ptr, mo->via.bin.size).ToLocalChecked(); case MSGPACK_OBJECT_MAP: { Local<Object> o = Nan::New<Object>(); for (uint32_t i = 0; i < mo->via.map.size; i++) { Nan::Set( o, msgpack_to_v8(&mo->via.map.ptr[i].key), msgpack_to_v8(&mo->via.map.ptr[i].val) ); } return o; } default: throw MsgpackException("Encountered unknown MesssagePack object type"); } } // var buf = msgpack.pack(obj[, obj ...]); // // Returns a Buffer object representing the serialized state of the provided // JavaScript object. If more arguments are provided, their serialized state // will be accumulated to the end of the previous value(s). // // Any number of objects can be provided as arguments, and all will be // serialized to the same bytestream, back-to-back. static NAN_METHOD(pack) { Nan::HandleScope scope; msgpack_packer pk; MsgpackZone mz; msgpack_sbuffer sb; if (!sbuffers.empty()) { sb = sbuffers.top(); sbuffers.pop(); } else { sb = msgpack_sbuffer_new(); } msgpack_packer_init(&pk, sb, msgpack_sbuffer_write); for (int i = 0; i < info.Length(); i++) { msgpack_object mo; try { v8_to_msgpack(info[i], &mo, &mz._mz, 0); } catch (MsgpackException e) { return Nan::ThrowError(e.getThrownException()); } if (msgpack_pack_object(&pk, mo)) { return Nan::ThrowError("Error serializaing object"); } } Local<Object> slowBuffer = Nan::NewBuffer( sb->data, sb->size, _free_sbuf, (void *)sb ).ToLocalChecked(); return info.GetReturnValue().Set(slowBuffer); } // var o = msgpack.unpack(buf); // // Return the JavaScript object resulting from unpacking the contents of the // specified buffer. If the buffer does not contain a complete object, the // undefined value is returned. static NAN_METHOD(unpack) { Nan::HandleScope scope; if (info.Length() < 0 \|\| !Buffer::HasInstance(info[0])) { return Nan::ThrowTypeError("First argument must be a Buffer"); } Local<Object> buf = Nan::To<Object>(info[0]).ToLocalChecked(); MsgpackZone mz; msgpack_object mo; size_t off = 0; switch (msgpack_unpack(Buffer::Data(buf), Buffer::Length(buf), &off, &mz._mz, &mo)) { case MSGPACK_UNPACK_EXTRA_BYTES: case MSGPACK_UNPACK_SUCCESS: try { Nan::Set( Nan::GetFunction(Nan::New<FunctionTemplate>(msgpack_unpack_template)).ToLocalChecked(), Nan::New<String>("bytes_remaining").ToLocalChecked(), Nan::New<Integer>(static_cast<int32_t>(Buffer::Length(buf) - off)) ); return info.GetReturnValue().Set(msgpack_to_v8(&mo)); } catch (MsgpackException e) { return Nan::ThrowError(e.getThrownException()); } case MSGPACK_UNPACK_CONTINUE: return; default: return Nan::ThrowError("Error de-serializing object"); } } NAN_MODULE_INIT(init) { Nan::Set(target, Nan::New<String>("pack").ToLocalChecked(), Nan::GetFunction(Nan::New<FunctionTemplate>(pack)).ToLocalChecked()); // Go through this mess rather than call NODE_SET_METHOD so that we can set // a field on the function for 'bytes_remaining'. msgpack_unpack_template.Reset(Nan::New<FunctionTemplate>(unpack)); Nan::Set( target, Nan::New<String>("unpack").ToLocalChecked(), Nan::GetFunction(Nan::New<FunctionTemplate>(msgpack_unpack_template)).ToLocalChecked() ); } NODE_MODULE(msgpackBinding, init); // vim:ts=4 sw=4 et
Q: Fetching data which are not available in the table ================= Customer Table ============= # customer Code Description 301 Customer 1 302 Customer 2 386 Customer 3 387 Customer 4 390 Customer 5 391 Customer 6 392 Customer 7 I am using below query select * from customer where code not in (310, 350, 301, 302); From the above query it will fetch below data Code Description 386 Customer 3 387 Customer 4 390 Customer 5 391 Customer 6 392 Customer 7 But actually I want get output as 310 350 Means which data are not available which we are putting in where condition. I don't want to create another table to achieve this. Please share some idea. A: Use a subquery to create a derived table with these values, and then LEFT JOIN it to the real table. SELECT t1.code FROM (SELECT 310 AS code UNION SELECT 350 UNION SELECT 301 UNION SELECT 302) AS t1 LEFT JOIN customer AS c ON c.code = t1.code WHERE c.code IS NULL DEMO
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Q: How do I push different branches to different heroku apps? I've been working on a web-app that gets pushed to heroku. The source is hosted on GitHub. So git push pushes the master branch to GutHub. My git branch 'master' is connected to Heroku app 'my-app-staging' So git push heroku pushes the app to my-app-staging.herokuapp.com I've created a new Heroku app which will be the 'production' app, let's call it 'my-app-prod'. I have created a branch now called 'production' (ie git checkout -b production) and I've run git push -u origin production to make it a managed branch at GitHub. I now want to link the production branch to my-app-prod.herokuapp.com such that, when switched to the production branch I can simply type git push heroku (or perhaps git push prod-heroku production or similar) and voila - the production branch is pushed to the production app. What's the recommended way to link my production branch to my-app-prod on Heroku? I've wallowed through Heroku's own docs on this but they all assume I've set up my apps using the heroku create CLI, not set up my apps via Heroku's website, however the following paragraph just makes my head spin: It’s simple to type git push staging master and git push production master when you’ve followed the steps above. Many developers like to take advantage of git’s branches to separate in-progress and production-ready code, however. In this sort of setup, you might deploy to production from your master branch, merging in changes from a development branch once they’ve been reviewed on the staging app. With this setup, pushing is a littler trickier: Where I want to end up is as follows: In branch master: (a) git push pushes code to GitHub, and (b) git push heroku pushes code to my-app-staging on Heroku In branch production: (c) git push pushes code to the production branch on GitHub, and (d) git push heroku pushes the production code to my-app-prod on Heroku. Given step 1 above is already in place and step 2 (c) is in place, how do I achieve step 2 (d)? A: You should add another remote for my-app-prod named prod-heroku (replace GIT_URL with the Git URL that you can find in the settings page of my-app-prod in heroku): git remote add prod-heroku GIT_URL git push prod-heroku production:master This will push your local branch production to the remote branch master in prod-heroku so my-app-prod will get deployed with the code in production branch.
Native Modules for React Native - kamilematu https://blog.theodo.com/2020/04/react-native-bridge-module/ ====== kamilematu Trying to demystify building Native Modules for the current React Native bridge architecture. What changes do people anticipate with the re- architecture this year?
Q: Can a MetaData object have true values for both the IsFile / IsFolder and IsDelete properties? Using the Dropbox .NET SDK for the v2 API, can a file/folder MetaData object have both the IsFile/IsFolder property set to true along with the IsDeleted property? Or are these three properties mutually exclusive. For example, if a file was deleted, would the code in the if statement be executed: ListFolderResult listFolderResult = await dbx.Files.ListFolderAsync(string.Empty); Metadata metaData = listFolderResult.Entries.ElementAt(0); if(metaData.IsFile && metaData.IsDeleted) { // could this occur } A: The three are mutually exclusive. A good tip is to check out the HTTP documentation: https://www.dropbox.com/developers/documentation/http#documentation-files-list_folder. If you expand the definition of Metadata there, you'll see that it's always just one of those three subtypes: Metadata (datatype with subtypes) Metadata for a file or folder. This datatype will be one of the following subtypes: file FileMetadata folder FolderMetadata deleted DeletedMetadata
An increasing number of entrepreneurs are recognizing how improv comedy can bring serious benefits to their business, including new ideas and fresh approaches. Improv can improve teamwork, collaboration and innovation in a workplace. Use of the "Yes, and” technique means team players build on the thoughts of others, rather than shutting down the ideas of their peers by presenting problems and roadblocks. As an improviser performing in the Twin Cities, I’ve found that the skills used onstage often pay off in the boardroom, especially for those who are fresh arrivals to a team, new to a career or trying to launch business initiatives. These seven improv lessons can help you overcome doubts and add value when and where it’s needed most: 1. Follow the fear. The late Del Close, a wild force of an actor, writer and teacher of improv -- who trained folks like Bill Murray, Tina Fey, the Belushi brothers, Amy Poehler and Stephen Colbert, to name a few -- coached actors to live and breathe this mantra: Follow the fear. If that leap you’re getting ready to make leaves your palms sweaty and your breath short, then do it. If a new idea refuses to be silenced, then go for it. This advice applies especially well to those pursuing a new creative or strategic endeavor. Often your fear is what’s guiding you. Perhaps the direction is a challenging one, but it’s probably the right one. Trust your instincts and throw your committed effort behind it. 2. Get comfortable existing in chaos. You’ll never know what’s going to happen next, so don’t try to figure it out. Most projects and initiatives involve a variety of moving parts that come at you from various directions, often with missing details or information. Del Close is said to have described the Harold, a long-form improv structure, as “like building a 747 in mid-flight.” If you let uncertainty or chaos derail you, that means lost time and opportunities. Cozy up to chaos and let unknowns (and surprises) fuel your performance rather than hinder it. 3. Trust your teammates. Certain improvisers act as if they know best how a scene should go. So what do they do? They gently (or not so gently) guide their team into the abyss with them, steamrolling ideas and staunching possibilities. No thanks. Instead, know that each person brings a unique perspective to the team and can lead everyone to exciting discoveries. When tackling a project, follow this advice attributed to Close: “Don’t bring a cathedral into a scene. Bring a brick; let’s build together.” 4. Be authentic and honest. There’s a saying in improv circles meant to dissuade actors from going for the easy laugh ather than responding to a scene in a genuine way: “Don’t be funny. You’re not funny.” Trying to be something you’re not can be off-putting to other staffers and clients. They can spot misguided and misplaced effort miles away, and in keeping with the approach of improviser T.J. Jagodowski, effort is ugly. Improvisers work hard to make sure their scenes appear as natural and effortless as possible. Organizations responding to business challenges or client needs should follow that lead. Be authentic, real and rely on hard work to deliver results so remarkable, they seem effortless. 5. Communicate clearly and directly. Make strong declarations and don’t be subtle. Don’t be coy. In improv, a partner acting in a scene doesn’t want to engage in a guessing game. And members of an audience don't want to watch it. They want progress. They want a show. They want change. How does that happen? Voice your thoughts with authority and with clear meaning and intent. Don’t let confusion hinder progress. It’s a waste of time and talent. 6. Know what you want. Displaying solid emotion and a point of view is vital to creating any character on an improv stage. But introduce apathy and the scene dies. Bring apathy to the boardroom and your ability to add value ends. Teacher and improviser Jill Bernard tells me via email that she instructs her students, "If you give yourself something simple, an emotion, a voice, a posture, then no one can steamroll you. You’re starting from a position of strength." This confident and anchored approach makes the person valuable onstage and indispensable on a business team. Don’t waver. Don’t hedge your bets. Be decisive. This doesn’t mean your opinions can’t change. It just means you know exactly where you’re starting and so does your team. 7. Get out of your own way. Self-editing is an improviser’s worst enemy. The more you get inside your head, the more you want to stay quiet, the more you do nothing. Improviser and teacher Susan Messing has this to say about how far a person can push improv: “You’re only limited by your lack of imagination and fear of appearing stupid.” When it comes to tackling a new project or making your mark on a new team, the same self-editing methods may come into play. Don’t let them cement you to the stage. And don’t let your fear be a weakness. Let it be a compass. New business challenges, career ventures and tense boardrooms can present intimidating situations that leave you doubting your ability to make an impact. When looking for a strategic way to add value to your team’s initiatives, think and act like an improviser. In the end, winning audiences and attracting new business really aren't all that different. Janelle Blasdel Janelle Blasdel is a senior writer and content developer at RWR Company, a Minneapolis-based business-to-business branding and communications firm. She has written for startups, Fortune 50 companies and all types of firms in between.
Monotherapy in rheumatoid arthritis. In the past few years there has been considerable debate regarding the optimal therapy for patients with RA. The arguments have been phrased in a variety of ways and frequently involve the concept of therapy with multiple drugs. The underlying assumption is that current therapy is inadequate and that the whole therapeutic approach to RA needs rethinking. The evidence on which these assumptions are made is reviewed here. Additionally, this paper argues for a more discriminating approach using prognostic indicators to identify the minority of patients with persistent unresponsive disease (and poor outcome) for whom more aggressive therapy should be reserved.
Comparison of antioxidant effects of isoflurane and propofol in patients undergoing donor hepatectomy. The safety of healthy volunteer donors is one of the most important issues in living-donor liver transplantation. Use of the Pringle maneuver during donor hepatectomy can result in liver ischemia-reperfusion (IR) injury. The objective of this study was to examine the effects of isoflurane and propofol on IR injury caused by the Pringle maneuver during donor hepatectomy. A total of 70 American Society of Anesthesiology I-II donors aged 18-65 years who underwent hepatectomy were included in the study. The patients were randomly divided into 2 groups: propofol and isoflurane. Plasma superoxide dismutase (SOD), malondialdehyde (MDA), total oxidative status (TOS), total antioxidant capacity (TAC), and oxidative stress index (OSI) were measured before surgery (t0) and after surgery (t1). There were no statistically significant differences in demographic features, anesthesia, and times of surgery between the groups (P > .05). Plasma TAC levels at t0 and t1 were significantly lower in the propofol group than in the isoflurane group (P < .05). OSI at t1 was significantly higher in the propofol group than in the isoflurane group (P < .05). MDA levels were significantly higher in the propofol group than in the isoflurane group at t0 (P < .05). MDA levels level were significantly higher in the isoflurane group than in the propofol group at t1 (P < .05). Propofol may have protective effects against IR injury caused by the Pringle maneuver during donor hepatectomy in living-donor transplantations. However, the effectiveness of propofol for clinical use needs to be investigated further.
http://www.JewishWorldReview.com \| The baseball playoffs are in full swing, and, as is often the case, the experts have been wrong every step of the way. They say no one can beat Team A (Team Y, actually) and surprise! Team A loses in the first round. Do their mistakes shame them into contrite silence? Of course not. They're back making predictions for the next round, and, incredibly, we're paying attention to them. The same holds true for politics. The TV talking heads blather on with their insights and analyses, and they claim to know exactly how each election will unfold. When the results prove them absolutely wrong, they go back on the air, unashamed and unapologetic, to tell us why things turned out differently and that's right to tell us what will happen the next time. Whether it's sports, politics or the stock market, we seem to want to know what will happen next. And, although the evidence shows the answer to what's to come is often, "Who knows?", we are convinced someone does. Of course, what predicting is really all about is having an "expert" confirm our hopes and expectations. These days, those experts are often armed with polling data to buttress their views. The polls also come in handy as scapegoats when the prognostications go awry. Of course, political polling serves almost no real purpose beyond giving the talking heads something to talk about. A 2006 presidential preference poll has almost nothing to do with a 2008 presidential election. Is a war going badly? Let's take a poll and see if Americans like a war going badly. No, they don't. Bring on the talking heads! Newspapers and television networks love to take polls. Then they love to use the polls as their lead stories. In other words, they're actually creating the stories they're reporting. And since public opinion is notoriously fickle, the polling results are likely to change next week, so we'll need another poll to measure that shift. Election nights have become less about who is actually elected than about the polls, predictions and projections. Networks take great pride in being the first to project a winner in a given state, even with the risk that the projection could be wrong. (As with Al Gore in Florida in 2000; a projection made, we tend to forget, while many of the state's polling places were an hour away from closing.) Exactly how does "projecting" a winner serve the public interest? What is gained beyond a particular network's bragging rights? Movies are deemed to be hits or flops these days based primarily on how they fare compared to box office projections. A film that grosses $200 million is a failure because it was projected to gross $350 million. Then the movie-goers are polled afterwards to see how the picture stacked up against their expectations. Now we have the phenomenon of projections in all fields being manipulated so you can be called a success if you manage to surpass low expectations. And, of course, you'd like the other guy's projections to be greater, so his inability to meet them is seen as a failure, even if he beats you. However, you don't want to manipulate the projections to the point where they would affect the polling artificially, because the predictions of the projected polling might adversely affect the expectations of those being polled or the predictions of oh, never mind! The bottom line is this whole process of foretelling the future is completely out of hand. Ironically, I must close with a prediction: it will only get worse. Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Q: How to sort the relations returned using get work items API? I am writing a TFS extension in javascript where I am using the 'GetWorkItem' function within 'TFS/WorkItemTracking/RestClient' library. wiRestClient.getWorkItem(<workItemID>, null, null, Contracts.WorkItemExpand.All) .then(function success(workItem) { console.log(workItem); }); the output generated by the code above is as below: This PBI has about 40 tasks within it and they are fetched in random order by the API. Is there a way that these relations are fetched in the order of their Id? I process the relations returned in the result, fetch the Id from a forward relation, get the workItemId and add it to an array. Now, this array has information about all the child workitems of the parent PBI. I tried to sort this array based on System.Id in the fields property. This is the function I use to sort the data: childWorkItems.sort(function(a,b) { return a["System.Id"] > b.["System.Id"] }); console.log(childWorkItems); This doesn't seem to work. The array is still in random order. A: I solved by changing the sort function to childWorkItems.sort(function(a,b) { return a["System.Id"] - b.["System.Id"] }); console.log(childWorkItems);
Liquid chocolate spilled onto a motorway in Poland on Wednesday after a tanker crashed into a barrier and overturned. A section of the A2 motorway between Warsaw and the city of Poznań to the west of the capital was closed and drivers had to take a detour. The driver of the truck was injured in the crash, which took place at around 5:30am. “In unknown circumstances the driver of a heavy goods vehicle transporting a liquid in the form of chocolate hit a barrier, as a result of which the substance spilled out onto two lanes,” a police spokeswoman said. (pk) Source: IAR
Q: how to create wrapper class for any user defined class someone told me that we can create wrapper class for any user defined class instead of only for primitives, if yes! then how can we create it, i have no idea about that from where to start, would you please provide any demo code for this purpose. awaiting for your responses.... A: The term 'wrapping' sometimes means the same thing as encapsulation, where an object or type is used internally by a class as part of its implementation details, and doesn't expose it to outside code. However, wrapping often refers specifically to the act of encapsulating a class in another class which implements the same interface as the wrapped class but changes its behaviour slightly or adds new features (Decorator Pattern), or the outer class implements a different interface, essentially converting the wrapped class to make it compatible with another program (Adapter Pattern). Both of these types of wrapping are nearly always done manually, and must be done at compile-time (by writing code). You can also generate dynamic proxies for virtually any object at runtime using java.lang.reflect.Proxy.newProxyInstance(...). You can read the official guide on Dynamic Proxy Classes to learn how to use it. However, you haven't given any use cases yet, so this might not be what you're looking for. Proxies are usually reserved for protecting objects or delegating to a remote server via RPC, and can be very complex.
1. Field of the Invention The present invention relates to a magnetic resonance imaging (MRI) technique, and particularly relates to a method for estimating a parameter depending on a subject by computation. 2. Description of Related Art An MRI apparatus is a medical image diagnostic apparatus that causes nuclear magnetic resonance in hydrogen nuclei in an arbitrary plane that traverses a subject, and captures a tomographic image in the plane from a nuclear magnetic resonance signal (NMR signal; echo signal). Generally, the MRI apparatus applies a slice magnetic field gradient pulse that specifies an imaging plane, and simultaneously applies an excitation pulse that excites magnetization in the plane, to thereby obtain an echo signal generated at a stage where the excited magnetization converges. Here, in order to assign positional information to the magnetization, the MRI apparatus applies a phase encoding magnetic field gradient pulse and a readout magnetic field gradient pulse in directions that are orthogonal to each other in a tomogram plane between the excitation and the obtainment of the echo signal. The excitation pulse and each magnetic field gradient pulse are applied based on a predetermined pulse sequence. Various pulse sequences are known according to their purposes. For example, there is a gradient echo (GE) pulse sequence for performing high speed imaging, or the like. In the GE pulse sequence, a predetermined pulse sequence is repetitively executed to measure echo signals. One echo signal is measured for one magnetization excitation, and the amplitude of the phase encoding magnetic field gradient pulse is changed for each excitation, so that echo signals necessary for obtaining one tomographic image are measured. Hereinafter, an operation of executing the pulse sequence to obtain an image is referred to as imaging. In the GE pulse sequence, there is a phase compensated pulse sequence. The phase compensated pulse sequence is obtained by adding a magnetic field gradient pulse for setting a time integration value of a magnetic field gradient on each axis to zero to a normal GE pulse sequence. Thus, a pixel value of an image obtained in the pulse sequence also depends on a resonance frequency. The size of a flip angle of this pulse sequence is generally larger than that of the normal GE pulse sequence, and its phase is alternately reversed. Further, a repetition time TR is relatively short, which is about 5 ms. As a method for obtaining an image by the MRI technique, there is a method for calculating a desired quantitative value for each pixel using plural images obtained by executing a pulse sequence under different scan parameters. The quantitative value that is an obtainment target includes a value (hereinafter, referred to as a subject parameter) depending on a subject, and a value (hereinafter, referred to as an apparatus parameter) depending on an apparatus. An image in which the subject parameter or the apparatus parameter is used as a pixel value is referred to as a quantitative image or a map. The quantitative image is calculated using a signal function that determines the relationship between the scan parameter, the subject parameter or the apparatus parameter, and the pixel value. The signal function is analytically obtained and determined for each pulse sequence. Here, according to the imaging schedule, there is a case where the signal function is not easily analytically obtained, or a case where the signal function is analytically obtained but is extremely complicated so that the calculation of the quantitative image is not easy. With respect to such a pulse sequence, there is a technique that calculates a signal function by a numerical simulation to obtain a quantitative image (for example, see JP-A-2011-024926).
Why Is the Media Silent a Week After Methodists Dismissed 'Child Abuse' Charge Against Jeff Sessions? Why Is the Media Silent a Week After Methodists Dismissed 'Child Abuse' Charge Against Jeff Sessions? In mid-June, 640 United Methodists drafted a letter asking the United Methodist Church to sanction Attorney General Jeff Sessions over immigration policy, police policy, and comments he made about Romans 13. They used buzzwords like "child abuse" "immorality," and "racial discrimination." This was a big story, and The New York Times, USA TODAY, Time, CNN, and other outlets rightly covered it. (The Washington Posthad no fewer than three stories about it two days after it broke.) On July 30, a Methodist Church leader dismissed the attempt to "discipline" Sessions in a brief, one-page letter. Crickets. One week later, only a few major online outlets — the Christian Post and AL.com — reported the story. None of the mainstream outlets that had rushed to report the budding sanctions against the U.S. attorney general thought it merited a follow-up story to admit that the charges were dropped. Instead, a few outlets (here's the HoustonChronicle's editorial board) even castigated Sessions after he announced the Department of Justice's new religious liberty task force last week — suggesting he was not a Methodist in good standing because of the aborted "discipline." The 640 United Methodist ministers sent a complaint to Sessions' pastor in Mobile, Ala., and the pastor of a church he attends in Alexandria, Va., on June 18. The complaint charged Sessions with "child abuse" for the family separation involved in the "zero tolerance" policy enforcing immigration law, "immorality" in supporting violence against children in these circumstances, "racial discrimination" in enforcing border laws, and "dissemination of doctrines contrary to the standards of doctrine in the United Methodist Church." Some outlets covered the story that very day, while most had it on June 19 or June 20. The Rev. Dr. Debora Bishop, superintendent of the Mobile District in which Sessions' home church (Ashland Place United Methodist Church) is located, wrote that "the judicial process of the United Methodist Church cannot be used in the matter of United States Attorney General Jeff Sessions to address political actions." She argued that Sessions' activities were "carrying out the official policy of the President" and that this type of conduct does not fall under the Book of Discipline of the United Methodist Church.
J -S12008-19 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA : IN THE SUPERIOR COURT OF PENNSYLVANIA v. SHANE G. SPEROW Appellant : No. 1619 MDA 2018 Appeal from the PCRA Order Entered September 5, 2018 In the Court of Common Pleas of Berks County Criminal Division at No(s): CP-06-CR-0002256-2016 BEFORE: BOWES, J., DUBOW, J., and MUSMANNO, J. MEMORANDUM BY BOWES, J.: FILED JULY 17, 2019 Shane G. Sperow appeals pro se from the order that dismissed his petition filed pursuant to the Post Conviction Relief Act ("PCRA"), after the PCRA court permitted his court -appointed counsel to withdraw pursuant to Commonwealth v. Turner, 544 A.2d 927 (Pa. 1988), and Commonwealth v. Finley, 550 A.2d 213 (Pa.Super. 1988) (en banc). We vacate the order and remand with instructions. Appellant was charged with unsworn falsification to authorities, based upon a document supplied at a sentencing hearing held on February 8, 2016, in connection with two other cases. After counsel entered an appearance, Appellant filed a pro se motion to dismiss, claiming therein that the Commonwealth lacked the evidence to establish that Appellant committed the crime, and complaining about statements the District Attorney made concerning the case to the news media. Motion to Dismiss, 9/26/13, at J -S12008-19 unnumbered 2. Appellant's pro se motion was filed, docketed, and forwarded to counsel pursuant to Pa.R.Crim.P. 576(A)(4), after which the trial court dismissed the motion by order of October 4, 2016, citing Commonwealth v. Ellis, 626 A.2d 1137 (Pa. 1993) (providing that hybrid representation is not permitted). On October 25, 2016, Appellant entered a guilty plea. During the guilty plea hearing Appellant admitted that he supplied at the prior sentencing hearing a document claiming that he had been deployed as a United States Marine in Iraq, Afghanistan, Somolia, and other locations, and had been awarded two Purple Hearts and a Bronze Star as a result of his heroic service, when he in fact had never served in the Marines. N.T. Guilty Plea and Sentencing, 10/25/16, at 6-7. The trial court accepted the plea, but expressed its surprise at Appellant's decision to accept responsibility, given that it "on at least a weekly basis received some pro se pleading from [Appellant] asking that this case be dismissed." Id. at 11. The trial court sentenced Appellant to three to twenty-four months of incarceration, to run consecutive to a sentence that he was serving in one of his other cases. Appellant filed no post -sentence motion or direct appeal. On January 12, 2017, Appellant filed a timely pro se PCRA petition claiming ineffective assistance of plea counsel. While Appellant did not identify particularly what plea counsel should have done differently, Appellant detailed facts that suggest that he does not believe that he committed the crime in -2 J -S12008-19 question. See PCRA Petition, 1/12/17, at 4 (stating that Appellant did not personally testify or submit any document regarding military service or medals, that the document counsel submitted was not verified or authenticated, and that he did not receive a favorable sentence as a result of the information supplied at his sentencing hearing). By order of January 19, 2017, the PCRA court appointed Lara Hoffert, Esquire, to represent Appellant, and instructed her to file either an amended petition or Turner/Finley letter within twenty-one days. Attorney Hoffert thereafter requested eight sixty-day extensions of time to comply. The PCRA court granted such extensions in February, May, July, September, and November of 2017, and in January, April, and June of 2018. In the meantime, Appellant submitted various pro se documents to the court, including a motion for time credit. The PCRA court again informed Appellant that, as he was represented by counsel, all requests for relief were required to be submitted by counsel.' Order, 2/13/17 (citing Ellis, supra). On August 17, 2018, Attorney Hoffert filed a Turner/Finley letter and request to withdraw as counsel. Therein, Attorney Hoffert indicated that she "reviewed the entire official file" and communicated with Appellant about his petition. She further indicated that ' Failure to award the proper credit for time served implicates the legality of sentence, and is thus cognizable under the PCRA. Commonwealth v. Beck, 848 A.2d 987, 989 (Pa.Super. 2004). -3- J -S12008-19 Through correspondence with counsel and by way of [Appellant's] pro se PCRA petition, [Appellant] raises the following issue: 1. [Plea counsel] was ineffective for encouraging [Appellant] to enter a guilty plea and not present a defense even when [Appellant] had informed [plea counsel] that it had been Attorney [John] Elder, [Appellant's counsel at sentencing in the other cases,] not [Appellant], who had provided the court with the document containing false information regarding [Appellant's] military service. Turner/Finley Letter, 8/20/18, at 2 (unnecessary capitalization omitted). Attorney Hoffert noted that, at the plea hearing, Appellant "specifically admitted that although Attorney Elder had physically handed the [c]ourt the document in question, [Appellant] had himself prepared the document and knew that it contained nothing but false information regarding [Appellant's] purported military career." Id. at 3 (citing N.T. Guilty Plea and Sentencing, 10/25/16, at 6-7). Attorney Hoffert also observed that, at the time of the plea, Appellant "addressed the [c]ourt, admitted to the mistake and apologized for not correcting it sooner." Id. at 4. Attorney Hoffert thus concluded that the record established that Appellant's plea was knowing, intelligent, and voluntary "regardless of [Appellant's] current assertion that counsel wrongfully encouraged him to enter a plea[.]" Id. Of note, Attorney Hoffert did not address in her Turner/Finley letter the issues raised in the pro se motion to dismiss that Appellant filed prior to the entry of his guilty plea, nor the time -credit issue raised in the pro se motion filed while she represented Appellant. Nonetheless, the PCRA court -4 J -S12008-19 allowed Attorney Hoffert to withdraw, and issued notice of its intent to dismiss Appellant's petition without a hearing pursuant to Pa.R.Crim.P. 907. Appellant filed a timely pro se response to the Rule 907 notice in which he claimed that Attorney Hoffert rendered ineffective assistance of counsel. Appellant contended that Attorney Hoffert addressed only one issue in her Turner/Finley letter, "and omitted researching all [six] issues that [Appellant] has repeatedly raised to [Attorney] Hoffert, the most recent was sent by [Appellant] on June 18, 2018, as to his reason(s) [for] seeking relief." Objection to Rule 907 Notice, 8/31/18, at 2. Specifically, Appellant maintained that Attorney Hoffert failed to address the following claims: 1) [Plea counsel] neglected his duty to review [Appellant's] requests and motions to the Berks County Court prior to any guilty plea. 2) There was no factual basis for [Appellant] to plead when evidence supported that it was [plea counsel], not [Appellant] whom [sic] performed and/or presented the document which resulted in [the] criminal charges sub judice. 3) [Plea counsel] failed to request a change of venue which was warranted due to sensationalized news coverage. 4) [Plea counsel] failed to request authentification [sic] of document which was basis of charge. 5) [Plea counsel] failed to challenge the arrest warrant for [Appellant] filed on April 17, 2016, by Berks Detective Ritter which states, "[Appellant] did make a written false statement," when no authentification [sic] of the document was ever performed. -5 J -S12008-19 Id. at 2-3. To remedy the alleged ineffectiveness of Attorney Hoffert, Appellant requested the appointment of PCRA counsel "to fully and properly prosecute his PCRA petition." Id. at 3. The PCRA court concluded that Appellant would not be entitled to PCRA relief even if the facts alleged in connection with his new claims were true. Order, 9/5/18. Accordingly, by order of September 5, 2018, it dismissed the petition without a hearing. On September 13, 2018, apparently before he was aware that his petition in the instant case was dismissed, Appellant sent to the PCRA court a letter concerning Attorney Hoffer's representation. Request for New PCRA Counsel, 9/13/18. Therein, he noted that Attorney Hoffert was appointed as his PCRA counsel to litigate petitions filed in four separate cases, and that he had written to her regarding one case or another on approximately twenty- four occasions, but he had never once received an answer from her. Id. Appellant indicated that he was "desperately in need of the [c]ourt's intervention" and asked that the court assign him new counsel. Id. Before the PCRA court took any action upon Appellant's request, he filed a timely notice of appeal from the order dismissing the PCRA petition. The PCRA court ordered Appellant to file a concise statement of errors complained of on appeal pursuant to Pa.R.A.P. 1925(b), and Appellant timely complied. Appellant presents the following questions to this Court: A) Whether the Appellant was prejudiced by plea counsel's deficient performance: -6 J -S12008-19 (1) in advising and coercing the Appellant to accept the Commonwealth's open plea offer and forego [sic] a trial, even though evidence existed that would have probably caused a result that would have been different? (2) in advising and coercing the Appellant to accept the Commonwealth's open plea offer and promising the Appellant that he would be pleading to a lesser sentence with no probation violations which was not the result of his sentencing? B) Whether the construction of the PCRA counsel's Finley letter was defective? Appellant's brief at 5. We begin with the legal principles applicable to our review. "Our standard of review for issues arising from the denial of PCRA relief is well - settled. We must determine whether the PCRA court's ruling is supported by the record and free of legal error." Commonwealth v. Johnson, 179 A.3d 1153, 1156 (Pa.Super. 2018) (internal quotation marks omitted). Further, "[i]t is an appellant's burden to persuade us that the PCRA court erred and that relief is due." Commonwealth v. Miner, 44 A.3d 684, 688 (Pa.Super. 2012). Appellant's claims relate to allegations that both his plea and PCRA counsel rendered ineffective assistance.2 Counsel is presumed to be effective, 2 Appellant preserved his claims of PCRA counsel's ineffectiveness by raising them in his response to the PCRA court's Rule 907 notice. See Commonwealth v. Pitts, 981 A.2d 875, 880 n.4 (Pa. 2009). -7 J -S12008-19 and a PCRA petitioner bears the burden of proving otherwise. Commonwealth v. Becker, 192 A.3d 106, 112 (Pa.Super. 2018). To do so, the petitioner must plead and prove (1) the legal claim underlying his ineffectiveness claim has arguable merit; (2) counsel's decision to act (or not) lacked a reasonable basis designed to effectuate the petitioner's interests; and (3) prejudice resulted. Id. The failure to establish any prong is fatal to the claim. Id. at 113. "Allegations of ineffectiveness in connection with the entry of a guilty plea will serve as a basis for relief only if the ineffectiveness caused appellant to enter an involuntary or unknowing plea." Commonwealth v. Fears, 86 A.3d 795, 806-07 (Pa. 2014). "Where the defendant enters his plea on the advice of counsel, the voluntariness of the plea depends on whether counsel's advice was within the range of competence demanded of attorneys in criminal cases." Commonwealth v. Pier, 182 A.3d 476, 479 (Pa.Super. 2018) (citation and internal quotation marks omitted). "[T]co establish prejudice, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Id. (citation and internal quotation marks omitted). With his first issue, Appellant challenges the propriety of the PCRA court's determination that the issue raised in his PCRA petition was meritless. He states two separate arguments in support of his claim: (1) that counsel was ineffective in advising him to take the plea when the evidence did not -8 J -S12008-19 establish his guilt; and (2) that counsel induced him to plead guilty based upon promises as to the sentences he would receive. Appellant's brief at 5, 16-17. The second argument was not raised in the PCRA court, in either the PCRA petition or Appellant's response to the court's Rule 907 notice. Nor was it included in Appellant's Rule 1925(b) statement. Accordingly, it is waived for purposes of this appeal. See Pa.R.A.P. 302(a) ("Issues not raised in the lower court are waived and cannot be raised for the first time on appeal."). Regarding Appellant's contention that counsel was ineffective in advising him to enter a guilty plea, Attorney Hoffert posited, and the PCRA court agreed, that the argument was unavailing because Appellant admitted at the guilty plea hearing that he was the person who wrote the document that contained the fabricated military service history. See Turner/Finley Letter, 8/20/18, at 3-4; Notice of Intent to Dismiss, 8/20/18, at 2-3. However, this analysis misses the point. Appellant's contention is that competent plea counsel would have known that the Commonwealth lacked sufficient evidence to prove that Appellant committed the crime in question, and thus would not have advised him to plead guilty in the first place. Such a claim is not foreclosed by his admission of guilt occurring after counsel's alleged ineffectiveness. Accord Commonwealth v. Bedell, 954 A.2d 1209, 1213 (Pa.Super. 2008) (examining merits of claim that counsel's ineffectiveness induced involuntary plea because the Commonwealth's factual basis for the plea did not establish -9 J -S12008-19 all elements of the crime). Therefore, the PCRA court erred in dismissing Appellant's claim on the basis of his admissions at the plea colloquy. In his pro se appeal, Appellant does not offer argument supported by authority to establish that counsel's "advice to accept the plea was not within the range of constitutionally competent advice." Commonwealth v. Johnson, 179 A.3d 1153, 1160 (Pa.Super. 2018). While this typically would result in the denial of relief from this Court, see id., we decline to do so on the record before us, as Appellant is entitled to the assistance of counsel in presenting his PCRA issues. Pennsylvania courts have recognized expressly that every post - conviction litigant is entitled to at least one meaningful opportunity to have issues reviewed, at least in the context of an ineffectiveness claim. This Court has admonished, accordingly, that the point in time at which a trial court may determine that a PCRA petitioner's claims are frivolous or meritless is after the petitioner has been afforded a full and fair opportunity to present those claims. Our Supreme Court has recognized that such an opportunity is best assured where the petitioner is provided representation by competent counsel whose ability to frame the issues in a legally meaningful fashion insures the trial court that all relevant considerations will be brought to its attention. Commonwealth v. Karanicolas, 836 A.2d 940, 945 (Pa.Super. 2003) (cleaned up) (emphasis added). Rather than frame the issue stated in the PCRA petition properly, Attorney Hoffert applied the incorrect analysis rejected above. Further, Appellant contends that Attorney Hoffert failed to raise five additional issues he wished the court to consider. Indeed, he informed the PCRA court in - 10 - J -S12008-19 response to the Rule 907 notice that he corresponded with Attorney Hoffert about five claims that she did not address in her Turner/Finley letter. See Objection to Rule 907 Notice, 8/31/18, at 1-3. On appeal, he argues that the PCRA court erred in dismissing his petition given Attorney Hoffet's lack of compliance with Turner and Finley.3 Appellant's brief at 20-21. It is well -settled that, after zealous, diligent review of the case, PCRA counsel seeking to withdraw must detail each of "the issues which petitioner wants to have reviewed" and explain "why and how those issues lack merit[.]" Commonwealth v. Muzzy, 141 A.3d 509, 511 (Pa.Super. 2016) (quoting Commonwealth v. Wrecks, 931 A.2d 717, 721 (Pa.Super. 2007)). It does not appear from the record that Attorney Hoffert did so in this case.4 The fact that the PCRA court itself rejected Appellant's additional claims on their merits5 does not suffice: "Even where a pro se first PCRA petition appears on its face to be meritless, the defendant is entitled to representation 3 Cf. Commonwealth v. Pitts, 981 A.2d 875, 880 (Pa. 2009) (holding this Court erred in reviewing the adequacy of counsel's Turner/Finley letter when neither party raised the issue). 4 Given our review of the records in Appellant's pro se appeal from three different cases at 1751 MDA 2018, we sympathize with the difficulty of the task Attorney Hoffert was required to undertake, given her simultaneous handling of four separate yet intermingled cases involving Appellant as well as his proclivity for pro se filings while he is represented by counsel. 5 See PCRA Court Opinion, 10/16/18, at unnumbered 3. J -S12008-19 by counsel before that determination is made." Commonwealth v. Kelsey, 206 A.3d 1135, 1140 (Pa.Super. 2019). As we explained in Kelsey, [b]ecause Appellant did not waive his right to representation by counsel and PCRA counsel neither represented Appellant on the merits of the PCRA petition nor filed a sufficient no -merit letter that addressed all of Appellant's claims, the PCRA court's dismissal of Appellant's PCRA petition must be vacated and remand to the PCRA court for appointment of new PCRA counsel is required. On remand, Appellant's new counsel shall be permitted to file an amended PCRA petition or, if counsel concludes in the exercise of his or her professional judgment that the issues raised in the PCRA proceeding are without merit, counsel may file an adequate no - merit letter that addresses all of the issues raised in Appellant's PCRA petition and move to withdraw. Id. (citations omitted). These principles apply in the present case. Order vacated. Case remanded with instructions. Jurisdiction relinquished. Judgment Entered. L_..._, Lo,_ , ,.L., .---7 Jseph D. Seletyn, Prothonotary Date: 07/17/2019 - 12 -
Enhancement of polyethylene glycol-mediated cell hybridization by inducers of erythroleukemia cell differentiation. Dimethyl sulfoxide (DMSO) has many biological effects, which include enhancement of polyethylene glycol (PEG) -mediated cell fusion, induction of cell differentiation in erythroleukemia and other cell systems, and cryoprotection of cells from freezing damage. In this study, compounds which induce erythroleukemia cell differentiation were tested for their ability to enhance PEG-mediated cell fusion. It was found that many compounds which induce erythroleukemia cell differentiation also promote cell membrane fusion as well as protect cells against freezing damage. Hence, many inducers of erythroleukemia cell differentiation have direct and similar effects on cell membranes. This study also demonstrates previously unrecognized effects of cryoprotective agents and cell fusogens on the differentiated state of cultured cells.
Q: docker OCI runtime create failed I'm using a following docker-compose file in a java web app project. version: "3" services: product: image: jboss/wildfly ports: - 8080:8080 volumes: - Product/target/Product.war:/opt/jboss/wildfly/standalone/deployments The error I'm getting is ERROR: Named volume "Product/target/Product.war:/opt/jboss/wildfly/standalone/deployments:rw" is used in service "product" but no declaration was found in the volumes section. Failed to deploy 'Compose: docker-compose.yml': `docker-compose` process finished with exit code 1 Edit OCI runtime create failed: Following the fix of the path, I'm encountering another error. OCI runtime create failed: Deploying 'Compose: docker-compose.yml'... /usr/local/bin/docker-compose -f /Users/username/Desktop/Project/docker-compose.yml up -d Starting project_product ... Starting project_product ... error ERROR: for project_product Cannot start service product: OCI runtime create failed: container_linux.go:344: starting container process caused "process_linux.go:424: container init caused \"rootfs_linux.go:58: mounting \\\"/Users/username/Desktop/Project/User/target/Product.war\\\" to rootfs \\\"/var/lib/docker/overlay2/e090197e0697ec14446020cf2444dc0d3f39dfb240de9f399017415f6faeb13b/merged\\\" at \\\"/var/lib/docker/overlay2/e090197e0697ec14446020cf2444dc0d3f39dfb240de9f399017415f6faeb13b/merged/opt/jboss/wildfly/standalone/deployments\\\" caused \\\"not a directory\\\"\"": unknown: Are you trying to mount a directory onto a file (or vice-versa)? Check if the specified host path exists and is the expected type ERROR: for product Cannot start service product: OCI runtime create failed: container_linux.go:344: starting container process caused "process_linux.go:424: container init caused \"rootfs_linux.go:58: mounting \\\"/Users/username/Desktop/Project/User/target/Product.war\\\" to rootfs \\\"/var/lib/docker/overlay2/e090197e0697ec14446020cf2444dc0d3f39dfb240de9f399017415f6faeb13b/merged\\\" at \\\"/var/lib/docker/overlay2/e090197e0697ec14446020cf2444dc0d3f39dfb240de9f399017415f6faeb13b/merged/opt/jboss/wildfly/standalone/deployments\\\" caused \\\"not a directory\\\"\"": unknown: Are you trying to mount a directory onto a file (or vice-versa)? Check if the specified host path exists and is the expected type ERROR: Encountered errors while bringing up the project. Failed to deploy 'Compose: docker-compose.yml': `docker-compose` process finished with exit code 1 A: You must add . at the beginning or use an absolute path when mounting a local file into a container. Otherwise Docker will assume it's a named volume, as the error suggests.
Q: How to migrate Cppunit tests into GoogleTest? I have a bunch of module tests written in CPPunit with some mocks created by hand. I am looking for a way to migrate them to GoogleTest as smoothly as possible. Have you tried such an operation? What was the effort needed? A: Google Test and Cppunit seem to share somewhat the same syntax for invoking tests but as I suspect have too much differences in that syntax. I'm almost sure you can't somehow automate it and this operation would require rethinking and recompositioning of your tests to follow the Google Test semantics (if you use something specialized to create your mocks, then porting them to Google Mock would require even more effort, simply because Google Mock's approach is not the obvious one and is actually complicated). I would say that you'd better rethink the following questions: "why do I need to port my tests", "what would be the benefit of this operation" and "do I really want to study a whole new testing framework and then rewrite all of my tests for some purpose".
More focused marketing of electric cars to women could be more effective in creating the required revolution away from more polluting vehicles than universal government intervention, a new study has said. Highly educated women are an untapped but potentially lucrative market for electric vehicle sales because they have greater environmental and fuel efficiency awareness than men, says a new study by researchers at the University of Sussex and Aarhus University in Denmark. The research also recommends the newly retired be targeted for electric vehicle promotion, even though they as a group have less interest in more environmentally friendly vehicles. Pensioners have high car ownership, drive short distances, have high budgets for car purchases and are less interested in design – all characteristics that could make them ideal electric vehicle owners. Professor Benjamin Sovacool, lead author of the study and Director of the Centre on Innovation and Energy Demand (CIED) at the University of Sussex, said: “The decisions people make about the forms of transport they use or purchase can transcend purely economic self-interest and logic. They can be shaped by a diverse range of factors ranging from gender, education, occupation, age and family size. The sooner that electric vehicle manufacturers and policymakers understand how these factors influence the decisions people make about their transport choices, the quicker people will switch to more sustainable modes of transport and hopefully long before legislation leaves them with no petrol or diesel alternative come 2040.” The study found that women drive fewer kilometres per day, expect to pay less for their next car and have considerably less experience of driving electric vehicles than men. It also found that men give more importance to speed and acceleration and design and style when choosing a car, while women rank ease of operation, safety, running costs and environmental impact – making electric vehicles a better fit for their specification. Men, particularly those aged between 30 and 45 years of age with higher levels of education, working in the not-for-profit sector or academia, are currently more than twice as likely to own electric cars than women or retirees. Surprisingly environmental benefits are not the key reason they buy electric cars, instead they emphasized aspects such as comfort or acceleration. Researchers also highlighted that electric vehicles still suffer from an image problem with families preferring large, conventional cars that symbolize welfare and status. Prof Sovacool said current policy mechanisms to increase electric car ownership, such as the Carbon Tax or discounts, may not be particularly effective because they are gender or demographic neutral. He added: “If the car-driving population of the world is to kick its habit for petrol or diesel vehicles in preference for something more environmentally friendly, then a more nuanced approach is needed than has been evidenced so far. A rapid and comprehensive transition to electric mobility will require a combination of technological, regulatory, institutional, economic, cultural and behavioural changes that together transform the sociotechnical systems that provide energy or mobility services. Shifting from a petrol or diesel car to an electric vehicle is not simply a choice between different vehicle models, it is a behavioural adjustment problem to adapt to the different restrictions of an electric vehicle such as it’s’ range and availability of charging. It is a similar shift as other health-related challenges such as quitting tobacco smoking or encouraging exercise, requiring older behavioural patterns to be broken and new behaviours established.” The study looked at how perceptions and attitudes towards electric vehicles, as well as vehicle-to-grid integration, differ by gender, education, occupation, age and household size in five Scandinavian countries: Denmark, Finland, Iceland, Sweden and Norway, which leads Europe in its market share of electric vehicles. Johannes Kester from Aarhus University, the second author of the study, said: “The Nordic region offers a useful testbed for examining the desirability as well as the social and political dimensions of the transition to low carbon transport. Our study offers insight into the Nordic context, but can also show businesses and industry elsewhere how to rethink their strategy when it comes to marketing EVs”. Read the full study.
Q: Excel formula to return multiple column names I am trying to get a formula that searches each row for a "Yes". It then should list the column name(s). Some row may only have 1 yes, some may have 3 or more. I have tried searching and editing several suggestions, but cannot get the one I need. Some formulas will give me a random column name, and only 1. Other just error out. Header 1 Header 2 Header 3 Header 4 List No Yes Yes No Header 2, Header 3 Yes No Yes Yes Header 1, Header 3, Header 4 No No No Yes Header 4 Yes Yes No Yes Header 1, Header 2, Header 4 A: You can use the following UDF: Function TEXTJOIN(delim As String, skipblank As Boolean, arr) Dim d As Long Dim c As Long Dim arr2() Dim t As Long, y As Long t = -1 y = -1 If TypeName(arr) = "Range" Then arr2 = arr.Value Else arr2 = arr End If On Error Resume Next t = UBound(arr2, 2) y = UBound(arr2, 1) On Error GoTo 0 If t >= 0 And y >= 0 Then For c = LBound(arr2, 1) To UBound(arr2, 1) For d = LBound(arr2, 1) To UBound(arr2, 2) If arr2(c, d) <> "" Or Not skipblank Then TEXTJOIN = TEXTJOIN & arr2(c, d) & delim End If Next d Next c Else For c = LBound(arr2) To UBound(arr2) If arr2(c) <> "" Or Not skipblank Then TEXTJOIN = TEXTJOIN & arr2(c) & delim End If Next c End If TEXTJOIN = Left(TEXTJOIN, Len(TEXTJOIN) - Len(delim)) End Function Put it in a module attached to the worksheet. Then you would call it like any other formula with the following array formula: =TEXTJOIN(",",TRUE,IF(A2:D2="Yes",$A$1:$D$1,"")) Being an array it needs to be confirmed with Ctrl-Shift-Enter instead of Enter when exiting edit mode. If done correctly then Excel will put {} around the formula. To get it with IF formulas this will return the same thing, since you only have four. If you have more than four this would get quite long. =LEFT(IF(A2="Yes",$A$1 & ",","") & IF(B2="Yes",$B$1 & ",","") & IF(C2="Yes",$C$1 & ",","") & IF(D2="Yes",$D$1 & ",",""),LEN(IF(A2="Yes",$A$1 & ",","") & IF(B2="Yes",$B$1 & ",","") & IF(C2="Yes",$C$1 & ",","") & IF(D2="Yes",$D$1 & ",",""))-1)
Shami Kermanshahi REDIRECT Shami Kermashani
Vote No on Miami Beach's Looney $439 Million Bond Early voting begins today, and the City of Miami Beach wants us all to vote for another general obligation bond — a loan proposed by elected officials that uses funds for various capital improvement projects. It’s voted on by residents and paid for, over time, by raising property taxes. We’re told that in this bond, our property taxes will increase approximately $88 for each $100,000 of taxable property value. The bond is broken up into three parts: $169 million for park, cultural, and recreational facilities; $198 million for neighborhoods and infrastructure; and $72 million for police and fire. The city wants $439 million in all, or nearly a half-billion dollars from us, but I’m voting no on all three of the 2018 bond measures. Related Stories Because you’ve mostly heard from the city and groups trying to get the bonds passed without much opposition, I felt I needed to add my 26-year perspective and experience. Many of you have received the glossy “Vote Yes” campaigns in your mailboxes, sometimes daily. There are renderings and flyers at meetings depicting the happy, frolicking children who will enjoy the finished products. You’ve been fed a lot of positive information. If you hear nothing to the contrary, you might get the impression everyone plans to vote yes for this bad idea. Let's begin with the city and its management style. In 1999, the city created the Capital Improvements (CIP) department, designed to handle that year's $92 million bond projects. The department was formed to deal with a budget 80 percent smaller than the one being proposed but is now expected to execute the proposed $439 million bond, which is five times greater. The city hasn’t announced anything about evaluating or reinforcing the department. It hasn’t vetted a team capable of handling a half-billion-dollar fund. It’s completely silent on this important detail. The current team wasn’t designed to handle this $439 million colossus, nor did it perform well on the 1999 bond. It’s been wasteful and unreliable. The City of Miami Beach, well-intentioned as it may be, is ill-equipped and ill-prepared to manage projects and funds of this magnitude. On its Frequently Asked Questions page, the city states that of the 62 projects from the 1999 bond, five were not completed because funds ran out. The city will need an additional $30 million to finish them. Those don't include another very large, unfinished project: the Flamingo Park Master Plan. That one was left out of this status report. It’s actually six incomplete projects, if that’s all they omitted. The funds needed to complete those should adjust the total upward by tens of millions of dollars. That’s a huge shortfall and tells us we don’t have a fine-tuned mechanism in place. Two good examples of the city’s project management failures are the Indian Creek seawall and the floodwater pumps. The first morphed from a $5 million to an $8 million undertaking after the city discovered it hadn’t obtained a permit to rebuild the seawall. Had the project gone through the permitting process, the blueprint mistakes might’ve been caught before the city was so far in. Rebuilding the seawall pieces could cost as much as $800,000. The other example is the flood pump debacle. No engineer or project manager of our own seemed to think a pump would need a back-up electrical supply. Tropical Storm Emily came and flooded the streets, an outage ensued, and the pumps became useless. The city needs to do better. Never does it mention during these disasters that it will reevaluate its systems, its engineering, or its project managers. It only apologizes. Until the city can show it has a structure in place that performs satisfactorily and reduces unnecessary waste, vote no to the G.O.! The city will argue that interest rates are low and now is the time to float another bond. Essentially, it wants a $439 million credit card from us despite its terrible track record. We don’t give car keys to adolescents, and we shouldn’t give the city a half-billion-dollar fund. It isn’t prepared. It has done nothing to restructure its CIP department. Without a good project management infrastructure in place, the city is ill-suited to carry out the 2018 bond projects. Again, that’s nearly half a billion dollars, five times more than the 1999 bond, and the city hasn’t made any effort to shore up its project management team with individuals who’ve had experience managing a Goliath budget such as the one proposed. If you like this story, consider signing up for our email newsletters. SHOW ME HOW Newsletters SUCCESS! You have successfully signed up for your selected newsletter(s) - please keep an eye on your mailbox, we're movin' in! When the city does reevaluate and fine-tune the project management structure, then it can ask for money. It must first lay the groundwork for this bond — and it hasn’t. This lack of preparation says the city is winging it. As much as I’d like to see my neighborhood projects done, we are not ready to take on a $439 million debt without a good management mechanism in place. There would be awful waste with the team we have now. The city has overlooked the department's inadequacies. This is an ambitious and enormous venture that deserves careful thought and planning, and the city’s silence on rebuilding the CIP department speaks volumes. We can’t have $30 million (and perhaps tens of millions more) shortfalls. We can’t have engineers flouting the permitting process; we can’t have managers forgetting backup generators; we can’t have a mechanism with no checks and balances. What needs attention is the city’s project management structure. Pay close attention to the ballot's bond items. They’re on the last two pages. I hope people don’t get too tired and miss them November 6. Be ballot-ready. Vote no! Normando Matos is the former Outreach and Awareness Coordinator for the Flamingo Park Neighborhood Association (FPNA). We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.
Adverse effects of superficial X-ray therapy and recommendations for safe use in benign dermatoses. The danger of superficial radiotherapy for benign dermatoses has been exaggerated. It is safe if certain precautions are observed. The permissible life time maximum cumulative dose of conventional superficial X rays generated at 50 kV given to any area of skin is 1000 R, and of grenz rays, 5000 R.
Strategic control of gastrointestinal nematodes of sheep in the highlands of central Kenya. The effectiveness of anthelmintic treatments given 3 weeks after the onset of rains to control gastrointestinal nematodes in sheep in the highlands of central Kenya was investigated. The study was carried out on a farm situated approximately 85 km north west of Nairobi in Nyandarua District of central Kenya. In May 1999, 35 Corriedale ram lambs aged between 8 and 10 months were eartagged, weighed and given albendazole at 3.8 mg/kg body mass. The animals were then allocated to three treatment groups. Three weeks after onset of both the short and long rains' season in November 1999 and April 2000 respectively, lambs in groups 1 and 2 were dewormed. Lambs in group 1 were given closantel at 10 mg/kg body mass in November and closantel plus albendazole at 3.8 mg/kg body mass in April. Lambs in group 2 were given albendazole at 3.8 mg/kg body mass on both occasions, while lambs in group 3 were maintained as the untreated controls. Nematode eggs per gram of faeces (epg) for lambs in the control group were significantly higher (P < 0.05) than in the treated groups beginning from November, when the strategic treatments started. The levels of epg did not differ significantly between the two treated groups. Body mass for the treated groups was significantly higher (P< 0.05) than for the control group from January 2000 until the experiment was terminated. The rainfall received in the study area in 2000 during the long rain season was inadequate and only occurred for a short period. The amount of herbage on pastures was therefore not adequate and all the study animals started losing mass from June 2000 until the experiment was terminated. The cumulative mass gain and amount of wool produced by the treated lambs during the study period did not differ significantly. There was therefore no difference in using either of the two drugs. It is concluded that, strategic anthelmintic treatments of sheep at the start of the wet season in the highlands of central Kenya is effective in controlling gastrointestinal nematodes. To prevent high levels of re-infection during the season of the long rains (April to June), it is recommended that, during this season, a second treatment be given 5-6 weeks after the first one or at the start of the dry season.
Q: jQuery: scroll left / right to next div I have a parent .slider-wrap div at 100% width, with 3 .slider-slide-wrap child divs inside, each at 680px width. You can scroll horizontally inside the .slider-wrap div. I've also created 2 .slider-nav divs, #slider-left sitting on the left, and #slider-right sitting on the right, the idea being, you can scroll as you wish using the scrollbar, but if you clicked the #slider-right div at any time, it would slide you across to the next instance of .slider-slide-wrap divs. Thus, the 2 .slider-nav divs will take you left and right to the next / previous instance of .slider-slide-wrap div. jsFiddle demo: http://jsfiddle.net/neal_fletcher/rAb3V/ HTML: <div class="slider-wrap"> <div class="slide-wrap"> <div class="slider-slide-wrap"></div> <div class="slider-slide-wrap"></div> <div class="slider-slide-wrap"></div> </div> </div> <div id="slider-left" class="slider-nav"></div> <div id="slider-right" class="slider-nav"></div> jQuery: $(document).ready(function () { var n = $(".slider-slide-wrap").length, width = 680, newwidth = width * n; $('.slide-wrap').css({ 'width': newwidth }); }); $(document).ready(function () { $(".slider-slide-wrap").each(function (i) { var thiswid = 680; $(this).css({ 'left': thiswid * i }); }); }); If this is at all possible? Any suggestions would be greatly appreciated! A: First of I think you need to have an indicator to identify which slide the user has scrolled to, or which slide is currently on the viewport in order for this scroll left & right to work properly. /on scroll move the indicator 'shown' class to the most visible slide on viewport / $('.slider-wrap').scroll(function () { var scrollLeft = $(this).scrollLeft(); $(".slider-slide-wrap").each(function (i) { var posLeft = $(this).position().left var w = $(this).width(); if (scrollLeft >= posLeft && scrollLeft < posLeft + w) { $(this).addClass('shown').siblings().removeClass('shown'); } }); }); /* on left button click scroll to the previous sibling of the current visible slide / $('#slider-left').click(function () { var $prev = $('.slide-wrap .shown').prev(); if ($prev.length) { $('.slider-wrap').animate({ scrollLeft: $prev.position().left }, 'slow'); } }); / on right button click scroll to the next sibling of the current visible slide */ $('#slider-right').click(function () { var $next = $('.slide-wrap .shown').next(); if ($next.length) { $('.slider-wrap').animate({ scrollLeft: $next.position().left }, 'slow'); } }); See it working of this jsfiddle. PS. You also don't need a lot of $(document).ready(), one will do just fine and a best practice to do.

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