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__label__wiki	0.810693	0.810693	Kirchner, Néstor Carlos \| Article about Kirchner, Néstor Carlos by The Free Dictionary https://encyclopedia2.thefreedictionary.com/Kirchner%2c+N%c3%a9stor+Carlos Kirchner, Néstor Carlos (nā`stôr kär`lōs kērch`nâr), 1950–2010, Argentinean politician. A native of Patagonia, he was a lawyer and left-wing Peronist and, after two brief imprisonments, was in private practice during the 1976–83 military dictatorship. Elected mayor of his native Río Gallegos in 1987, he ran for the governorship of Santa Cruz prov. in 1991 and won. He was reelected in 1995 and 1999. In 2003 the relatively unknown Kirchner mounted a campaign for the Argentinean presidency, securing the office after he narrowly lost the first round and the unpopular former president Carlos MenemMenem, Carlos Saúl , 1930–, president of Argentina (1989–99). A Peronist (see Juan Domingo Perón), he served as governor of La Rioja (1973–76, 1983–89). Imprisoned during the 1976 coup, he was released in 1981. ..... Click the link for more information. withdrew from the runoff. Kirchner became the first native of Patagonia to be elected Argentina's president. In office Kirchner negotiated improved terms for Argentina's burdensome debt and benefited from an improving economy; at the same time, railroads, telecommunications companies, and some other firms were nationalized. He also ended the amnesty that had protected members of the military accused of human-rights abuses during the dictatorship. In 2007 he declined to run for another term and declared his support for the presidential candidacy of his wife, Cristina Fernández de KirchnerFernández de Kirchner, Cristina Elisabet , 1953–, Argentinian politician. A Peronist student activist in the 1970s, she received (1979) a law degree from the National Univ. of La Plata. ..... Click the link for more information. , who won the subsequent election. He remained influential behind the scenes both in the government and Peronist party. In 2009 Kirchner was elected to the National Congress but placed second in the proportional balloting; he had run in an attempt to rally voter support for his wife's presidency and his party. He was named secretary-general of the Union of South American Nations (Unasur) in 2010, but died suddenly six months later. <a href="https://encyclopedia2.thefreedictionary.com/Kirchner%2c+N%c3%a9stor+Carlos">Kirchner, Néstor Carlos</a> Kirby, George and Marian Kirby, Jack Kirby, William Kirby: Genesis Kirby-Smith, Edmund Kircher, Athanasius Kirchhoff Kirchhoff formula Kirchhoff theory Kirchhoff vapor pressure formula Kirchhoff, Gustav Robert Kirchhoff's current law Kirchhoff's Equation Kirchhoff's equations Kirchhoff's first law Kirchhoff's law Kirchhoff's laws of electric circuits Kirchhoff's principle Kirchhoff's Radiation Law Kirchhoff's second law Kirchhoff's voltage law Kirchner, Cristina Elisabet Fernández de Kirchner, Ernst Ludwig Kirchner, Leon Kirchwey, George Washington Kirda Kireenko, Kastus Kireenko, Kastus Tikhonovich Kireev, Akhniaf Kireev, Akhniaf Nureevich Kireevsk Kireevskii, Ivan Kireevskii, Ivan Vasilevich Kireevskii, Petr Kireevskii, Petr Vasilevich Kirenga Kirenskii, Leonid Kirenskii, Leonid Vasilevich Kirghiz Kirghiz Drama Theater Kirghiz Fine-Fleece Breed Kirghiz Horse Kirghiz Institute of Agriculture Kirghiz Kaganate Kirghiz Medical Institute Kirghiz Range Kirghiz Soviet Socialist Republic Kirghiz Theater of Opera and Ballet Kirchhoffs laws Kirchliche Unterweisung Kirchlicher Entwicklungsdienst Kirchner diverticulum Kirchner Private Capital Group Kirchner, Wilhelm Kirchoff's current law Kirchoff's Law Kirchoff's Laws Kirchoff's Voltage Law Kircholm Kirdi Kirelean photography Kirenga River Kiretsu	cc/2019-30/en_middle_0064.json.gz/line1224
__label__wiki	0.914795	0.914795	Witches in Pop Culture \| Article about Witches in Pop Culture by The Free Dictionary https://encyclopedia2.thefreedictionary.com/Witches+in+Pop+Culture Witches in Pop Culture The Witch has become a familiar figure in pop culture. Many rock bands identify with the image, from the early Black Sabbath (whose music emphasized the "black" part of their name) and Coven to more recent bands using such names as Coven 13, Blood Coven, Two Witches, Seven Witches, The Witches, and even a British band called Morgan le Fay. The group Godsmack recently caused a furor in the Wal-Mart and K-Mart chains because of an album's content, which features a Wiccan pentagram on the cover. The recording was immediately labeled satanic by various Fundamentalist Christian groups. The Witches is a women's rock and roll trio in Israel. The Two Witches is a Gothic rock band in Finland, and Seven Witches is a heavy metal band in the United States. Blood Coven was formed in 1993 and recorded such songs as "Midnight Offerings," "Dark Harmonies," and "Statuary." Black Widow did an album called Return to the Sabbat in 1969. But the original band Coven, formed in the 1960s, was one of the first, if not the first, to focus almost exclusively on occult-oriented music. They recorded lyrics dealing with Satanism, Witchcraft, magic, and good and evil. Coven's LP Witchcraft Destroys Minds and Reaps Souls was a big success at the time. A Miles Davis album from 1969 was titled Witches Brew. Apart from Frank Sinatra's recordings of "That Old Black Magic," "Witchcraft," and one or two other isolated recordings, magic and witchcraft had not otherwise been dealt with extensively. Coven 13 is a band based in Massachusetts and is part of a new wave of positive, Craft-oriented music makers. Several of the band members are practicing Pagans and Wiccans. Their music has such titles as "Haunted" and "Book of Shadows." Since their start in 1997, the band has toured and produced a number of successful CDs. They are becoming very popular with Wiccan and Pagan groups and individuals and are marking the trend of pop music moving away from the Satanic to the true Wiccan. Another such Wiccan/Pagan group is Moonstruck, who have produced a couple of CDs, one titled Witch of the Wildwoods, and most of the titles and songs are Wiccan oriented. Marianne Faithful wrote the lyrics to "Witches' Song," the soundtrack to the television series The Craft. Stevie Nicks, who is believed to be a Wiccan, wrote and recorded such titles as "Sorcerer," "Rhiannon," and "Enchanted." In Australia, Fiona Horne is a popular singer who is also a very public Wiccan figure. According to a PRNewswire report, the band Godsmack's lead singer, Sully Erna, is a practicing Witch who has been active in Wicca for about ten years. The band is doing a video for their new album, Voodoo, filming it in Massachusetts with Laurie Cabot. Supposedly, they are including an actual Wiccan ritual in the video, which is directed by Dean Carr. In the world of comic books, witches make frequent appearances and, again, the trend points away from the medieval ideas of witchcraft and toward modern Wicca. There are comic book series titled Witches (published by DC/Vertigo), Books of Magic (featuring a Harry Potter type of hero, published by DC), and Tales of the Witchblade (published by Image). From 1951 through 1954, there was a series called Witches Tales. The Witchcraft series features the three Witches, known as the Kindly Ones, from the Sandman series. This series feature elements of mythology, medieval history, Victorian romance and contemporary gender politics. It is basically a story of revenge over the ages for murder and rape that took place in Roman times. Initially there is a sacred rite performed to Hecate. Television is the most notable canvas for the presentation of Witchcraft as pop culture. See the separate entries for Bewitched, Charmed, and Sabrina the Teenage Witch , for example. Instead of movie presentations perpetuating the witch image of the Middle Ages, we now can enjoy fairly realistic portrayals of Witches following the Craft. Regrettably, there are still throwbacks like The Blair Witch Project , but it is hoped that such fare will be presented less and less as Wicca establishes itself more firmly as a straightforward, alternative religion. Television miniseries have included the spectacular Hallmark Entertainment presentation of Merlin in 1998 with Sam Neil in the title role and Helena Bonham Carter as Morgan le Fay. The movie was directed by Steve Barron. Executive Producer Robert Halmi was also responsible for the miniseries Jason and the Argonauts, with Jason London in the title role. The gods of ancient Greece, including Zeus (Angus MacFadyen) and Hera (Olivia Williams), made this a favorite among present day Pagans and Witches. The various Walt Disney animated productions are a category in themselves. Fantasia (1940) held a wealth of paganism, not least of which was the appearance of Mickey Mouse as the Sorcerer's Apprentice. (There had been an earlier use of The Sorcerer's Apprentice in 1930 by Hugo Reisenfeld and the Artcinema Association, and a few years later in Der Zauberlehrling by the Compagnie Français des Films.) The sorcerer was an imposing figure, demonstrating the power of ceremonial magic. In the Pastoral Symphony segment were centaurs, Pegasus, Bacchus, Zeus, Vulcan, and a wonderful figure of Diana shooting her bow, which was the crecent moon. Iris, goddess of the rainbow, and Apollo also made brief appearances. But perhaps the most moving episode of the film was the Night on Bald Mountain sequence, which had the Black Mountain Chernabog creating figures from flames that came from his fingers and a procession of necromantic figures crossing the sky that has been described as both evil and erotic. In sharp contrast to the emotive Night on Bald Mountain is the lovable character Witch Hazel and her broomstick Beelzebub in the 1952 Donald Duck short Trick or Treat. Good Witch Hazel was a combination of the (later) characters Eglantine in Bedknobs and Broomsticks and The Worst Witch in her bumbling working of magic. In contrast to Witch Hazel is the evil witch represented by the Wicked Queen in Snow White, released in 1937, three years before Fantasia. Here, all of the misconceptions of witches are brought together to give a true parody of the Wise Woman with the ugly old hag figure, sporting talon-like fingers, warty nose, pointed chin, and humped back. The Snow White of the new breed of Disney animators was The Black Cauldron, released in 1985. It was based on the five books of Lloyd Alexander: Chronicles of Prydain, with the Horned King, the old wizard Dallben, King Eidilleg of the Fairy Folk, and the Witches of Morva: Orgoch, Orddu, and Orwen, who are keepers of the cauldron. Two of these witches are in the "ugly old hag" mold, while the third, Orwen, leans more toward the plump Witch Hazel type but with voluminous breasts and the belief that she has tremendous sex appeal. The saving grace of these three witches is that they are in no way frightening. Cartoon witches will probably continue to be presented in something akin to "traditional" form, but hopefully with a humorous side. Such was the point of the newspaper comic strip witch Broom Hilda, created by Russell Myers and distributed by Chicago Tribune Syndicate. She first appeared on April 19, 1970, as a green, cigar-chomping, fat witch whose best friends were a troll and a buzzard. In 1971, Archie's TV Funnies introduced an animated Broom Hilda on a Saturday morning show, but she seemed most effective in the newspaper. <a href="https://encyclopedia2.thefreedictionary.com/Witches+in+Pop+Culture">Witches in Pop Culture</a> Witch Who Came from the Sea, The Witch Who Turned Pink Witch without a Broom, A Witchboard Witchboard 2: The Devil's Doorway Witchcraft 2: The Temptress Witchcraft 3: The Kiss of Death Witchcraft 4: Virgin Heart Witchcraft 5: Dance with the Devil Witchcraft 6: The Devil's Mistress Witchcraft 7: Judgement Hour witchcraft and sorcery Witchcraft and the Armed Ser vices Witchcraft and Vampires Witchcraft Today WitchDesk Witches' Brew Witches' Cradle Witches' Hammer Witches in Literature Witches in Movies and on Television Witches in Myth, Legends and Fairy Tales Witches League for Public Awareness Witches' Mountain, The Witches of Eastwick, The Witches of Salem, The Witches, The witches'-broom disease Witches-brooms witchetty grub Witchfinder General witch-hazel witch-hunt Witching, The Witchmaker, The Witch's Curse, The witch's hat Witch's Ladder Witch's Mirror, The Witelo of Silesia witenagemot withdrawing room Withdrawn Resources withe Wither, George witched witchen Witchery (band) Witches Against Religious Discrimination Organization Witches Anonymous Witches Anti-Discrimination League Witches Education Bureau witches from witches from something to Witches In Nature's Colors witches into Witches Rock Surf Camp Witches sabbath Witches Shoelaces witches to Witches' besoms witches' broom Witches' Broom Disease of Lime witches' brooms witches' broth witches' butter Witches' League for Public Awareness Witches' mark Witches' milk witches' Sabbath	cc/2019-30/en_middle_0064.json.gz/line1225
__label__wiki	0.771398	0.771398	Wittelsbach \| Article about Wittelsbach by The Free Dictionary https://encyclopedia2.thefreedictionary.com/Wittelsbach (vĭ`təlsbäkh), German dynasty that ruled Bavaria from 1180 until 1918. The family takes its name from the ancestral castle of Wittelsbach in Upper Bavaria. In 1180 Holy Roman Emperor Frederick I invested Count Otto of Wittelsbach with the much-reduced duchy of BavariaBavaria , Ger. Bayern, state (1994 pop. 11,600,000), 27,239 sq mi (70,549 sq km), S Germany. Munich is the capital. The largest state of Germany, Bavaria is bordered by the Czech Republic on the east, by Austria on the southeast and south, by Baden-Württemberg on the ..... Click the link for more information. , of which he had deprived the Guelphic duke, Henry the Lion. In 1214 Otto's son, Otto II, also received the Rhenish Palatinate. After Otto's death (1253) the Wittelsbach possessions were divided between an elder branch, which received the Rhenish Palatinate and W Bavaria, and a younger branch, which received the rest. The Wittelsbachs reached their zenith under Duke Louis III, of the elder branch, who became Holy Roman Emperor Louis IVLouis IV or Louis the Bavarian, 1287?–1347, Holy Roman emperor (1328–47) and German king (1314–47), duke of Upper Bavaria. After the death of Holy Roman Emperor Henry VII the Luxemburg party among the electors set aside Henry's son, John of Luxemburg, ..... Click the link for more information. (reigned 1314–47). Louis IV temporarily (1324–73) attached BrandenburgBrandenburg , state (1994 est. pop. 2,540,000), c.10,400 sq mi (26,940 sq km), E Germany. Potsdam is the capital; other leading cities include Cottbus, Frankfurt-an-der-Oder, and Brandenburg. ..... Click the link for more information. to his dynasty and through his second marriage added Hainaut, Holland, Zeeland, and Friesland. In 1329, Louis IV subdivided the Wittelsbach lands; the elder branch, descended from Louis's brother Rudolf, received the Rhenish and the Upper Palatinate, while the younger branch, descended from Louis's first marriage, received Bavaria proper. The electoral dignity at first was to alternate between the two branches but was settled permanently on the Palatinate branch by the Golden Bull of 1356. Both branches underwent several subdivisions, but in the early 16th cent. Bavaria was reunited by Duke Albert IV, who introduced succession by primogeniture. (For the subdivisions of the Palatinate branch, which is not treated here in detail, see PalatinatePalatinate , Ger. Pfalz, two regions of Germany. They are related historically, but not geographically. The Rhenish or Lower Palatinate (Ger. ..... Click the link for more information. .) In 1443 Philip the Good of Burgundy seized Hainaut, Holland, Zeeland, and Friesland from Countess Jacqueline, his first cousin. In the 16th and 17th cent. the Bavarian Wittelsbachs championed the Roman Catholic cause while the Palatinate branch were the leading Protestant princes. After the defeat of the elector palatine, known as Frederick the Winter KingFrederick the Winter King, 1596–1632, king of Bohemia (1619–20), elector palatine (1610–20) as Frederick V. The Protestant diet of Bohemia deposed the Roman Catholic King Ferdinand (Holy Roman Emperor Ferdinand II) and chose Frederick as king. ..... Click the link for more information. of Bohemia, his electoral voice was transferred (1623) to Duke Maximilian IMaximilian I, 1573–1651, elector (1623–51) and duke (1597–1651) of Bavaria, one of the outstanding figures of the Thirty Years War and an ardent supporter of the Counter Reformation. ..... Click the link for more information. of Bavaria, who also received the Upper Palatinate. A new electorate was created in 1648 for Frederick's son, to whom the Rhenish Palatinate was restored. Elector Charles Albert of Bavaria was chosen (1742) Holy Roman emperor as Charles VIICharles VII, 1697–1745, Holy Roman emperor (1742–45) and, as Charles Albert, elector of Bavaria (1726–45). Having married a daughter of Holy Roman Emperor Joseph I, he refused to recognize the pragmatic sanction of 1713 by which Holy Roman Emperor Charles VI ..... Click the link for more information. ; with the death (1777) of his son, Maximilian III, the Bavarian branch of the Wittelsbachs died out, and the Palatinate-Sulzbach line acceded in Bavaria in the person of Elector Charles Theodore, who died in 1799 without issue. He was succeeded by the duke palatine of Zweibrücken, senior member of the Palatinate branch, who thus united all Wittelsbach lands under his sole rule and who in 1806 became king of Bavaria as Maximilian IMaximilian I, 1756–1825, king (1806–25) and elector (1799–1806) of Bavaria as Maximilian IV Joseph. His alliance with French Emperor Napoleon I earned him the royal title and vast territorial increases at the Treaty of Pressburg (1805) and made him one of the ..... Click the link for more information. . His successors as kings of Bavaria were Louis ILouis I, 1786–1868, king of Bavaria (1825–48), son and successor of King Maximilian I. He was chiefly responsible for transforming Munich into one of the handsomest capitals of Europe and for making it a center of the arts. ..... Click the link for more information. , Maximilian IIMaximilian II, 1811–64, king of Bavaria (1848–64), son and successor of Louis I. He had liberal tendencies and was a patron of art and learning. He hoped to create a union of small German states under Bavarian leadership as a counterweight to Austrian and Prussian ..... Click the link for more information. , Louis IILouis II, 1845–86, king of Bavaria (1864–86), son and successor of King Maximilian II. Much was hoped from the handsome, talented, and liberal young prince at his accession, but his prodigality and eccentricity soon alienated his subjects. ..... Click the link for more information. , Otto IOtto I, 1848–1916, king of Bavaria (1886–1913). Although incurably insane after 1872, he succeeded his brother King Louis II under the regency of his uncle Luitpold (1886–1912) and Luitpold's son Louis (1912–13). ..... Click the link for more information. , and Louis IIILouis III, 1845–1921, last king of Bavaria (1913–18). He succeeded (1912) his father, Luitpold, as regent for the insane Otto I but proclaimed himself king in 1913. He was overthrown in the Bavarian revolution of Nov., 1918. ..... Click the link for more information. , who was deposed in 1918. Empress Elizabeth of Austria, wife of Francis JosephFrancis Joseph or Franz Joseph, 1830–1916, emperor of Austria (1848–1916), king of Hungary (1867–1916), nephew of Ferdinand, who abdicated in his favor. ..... Click the link for more information. , and Queen Elizabeth of the Belgians, consort of Albert IAlbert I, 1875–1934, king of the Belgians (1909–34), nephew and successor of Leopold II. He married (1900) Elizabeth, a Bavarian princess. In World War I his heroic resistance (1914) to the German invasion of Belgium greatly helped the Allied cause. ..... Click the link for more information. , issued from a collateral line of the dynasty, and the Wittelsbachs have intermarried for centuries with all the royal families of Europe. A line of the Palatinate branch (see ZweibrückenZweibrücken , Fr. Deux-Ponts, city (1994 pop. 35,704), Rhineland-Palatinate, W Germany, near the Saarland border. Zweibrücken is a transportation center and has ironworks, steelworks, and factories that produce leather goods, wood products, machines, and ..... Click the link for more information. ) ruled Sweden from 1654 to 1741. Crown Prince Rupert (d. 1955), son of King Louis III and claimant to the Bavarian throne (the family never renounced their claim), also inherited, through a complicated succession, the claim of the StuartStuart or Stewart, royal family that ruled Scotland and England. The Stuart lineage began in a family of hereditary stewards of Scotland, the earliest of whom was Walter (d. 1177), grandson of a Norman adventurer. ..... Click the link for more information. dynasty to the British throne. a southern German dynasty that ruled from 1180 to 1918 in Bavaria. The family received the duchy of Bavaria in 1180; after the death of Henry the Lion in 1214, they consolidated their power in the Palatinate of the Rhine. In 1329 the dynasty was divided into two branches—the older branch, which ruled in the Rhenish Palatinate (electors from 1356), and the younger branch in Bavaria, to whom the title elector was given in 1623. The Bavarian Wittelsbach dynasty ended in 1777; the Palatinate branch united Bavaria and the Palatinate in 1779, after the war for the Bavarian inheritance. The Wittelsbachs were kings of Bavaria from 1806 to 1918. Members of the dynasty who ruled as German kings and emperors of the Holy Roman Empire are Ludwig IV of Bavaria (ruled 1314-47), Rupert of the Palatinate (1400-10), and Karl VII (1742-45). <a href="https://encyclopedia2.thefreedictionary.com/Wittelsbach">Wittelsbach</a> Bavarian Succession, War of the Cleves, duchy of List of Holy Roman Emperors Louis IV Louis IV the Bavarian Maximilian I. Othon I of Bavaria Philip the Bold Contract notice: Renovation and conversion wittelsbach castle friedberg; Raumbildender expansion with showcase construction Renovation And Conversion Wittelsbach Castle Friedberg; Raumbildender Expansion With Showcase Construction If you're into shopping the nearby streets are home to a vast selection of luxury brands from Louis Vutton to Prada, Omega and Montblanc (with more traditional high street brands located off of the Marienplatz), while culture and history buffs will certainly want to stop in the nearby Munich Residenz, the former royal palace of the Wittelsbach monarchs of Bavaria. Taking in Munich Os dois candidatos que disputavam o trono do Sacro Imperio Romano desde a morte de Henrique VII em 1314, Luis de Wittelsbach (duque da Baviera) e Frederico I de Habsburgo (duque da Austria) escreveram ao papa para que se pronunciasse sobre o legitimo detentor da coroa imperial. A curia papal: de roma para avignon (c. 1250-1350) Home for the trip was the Hotel Wittelsbach, a small and friendly place which is fiercely proud to be family owned and run - even the pet dog had a spot on the picture wall in reception which features every member of staff. WHEN SNOW'S A NO SHOW; is snowed under with activities, even though there's not a flake in sight Home for the trip was the Hotel Wittelsbach, a small and friendly hotel which is fiercely proud to be family owned and run - even the pet dog had a spot on the picture wall in reception which features every member of staff. WHEN SNOW'S A NO SHOW; helen johnson is snowed under with activities, even though there's not a flake in sight El rey Luis II de Baviera era hijo de Maximiliano II von Wittelsbach, rey de Baviera, y de la reina Maria de Hohenzollern, a su vez hija del rey de Prusia. Luis II de Baviera y Luchino Visconti: ?vidas paralelas? Estudio sobre Luis II de Baviera Gustav von Kahr came from a long line of Bavarian civil servants who had worked for many years for the Wittelsbach dynasty. Gustav von Kahr and the emergence of the radical right in Bavaria Reviewed by: KE Battig von Wittelsbach, Cornell University, USA Cristina Perissinotto and Charles Klopp, Cronache dal cielo stretto. Scrivere il nordest 35) Luis de Wittelsbach (1845-1886), principe bavaro de la Casa de Wittelsbach, fite rey de Baviera entre 1864 y 1886. Huellas de disidencia homoerotica en El Unicornio de Manuel Mujica Lainez The complete Leipzig edition of Bach's works was given to Father Hartmann in 1905 by Emperor Wilhelm II, and the pocketbook scores of all the Wagner operas were presented to him by the Royal House of Wittelsbach in 1902. P. Hartmann von An der Lan-Hochbrunn OFM (1863-1914): a Tyrolean Franciscan as a musical cosmopolitan and phenomenon in music history The Wittelsbach Diamond held the previous auction record for any blue diamond. Diamond owned by heiress brings $32M Por el estudio parisino de Charles Jacotin, uno de los mas importantes fotografos del siglo xix, desfilaron emperadores, reyes, principes, archiduques y cardenales: Guillermo 1 de Wurtemberg, los monarcas Carlos y Olga tambien del reino germano; el prusiano Guillermo III; Maria Feodorovna de Rusia, madre del zar Nicolas 11, y la princesa Sofia de Wittelsbach. Maximiliano, Carlota y el Segundo Imperio Witkiewicz, Stanislaw Ignacy Witner, Victor witness box witness corner Witness, Investigatory Witold Witold Hensel Witold Jan Doroszewski Witold Kula Witold Lutoslawski Witold Taszycki Witos, Wincenty Witowt Witt group Witt theory Witt, Jan de Witt, Otto Nikolaus Witte, Count Sergei Yulyevich Witte, Emanuel de Witte, Sergei Witte, Sergei IulEvich Wittekind Witte-Margules equation Wittfogel Karl Wittfogel, Karl August Wittgenstein Ludwig Wittgenstein, Ludwig Wittgenstein, Ludwig Josef Johann Witt-Grothendieck group wittichenite Wittig ether rearrangement Wittig Reaction Wittig, Edward Wittig, Georg Wittiness wittite Wittkower, Rudolf Witt's theorem Wittwer, Sylvan H. Witu Islands Witwatersrand Witz, Conrad Witt (disambiguation) Witt Design Network Witt theorem WITTDTJR Witte Herder Vereniging Nederland Witte Van Moort BV Witte, Count Sergey Yulyevich witted wittedness Wittekind Widukind Witten (Germany) Witten Edward Witten, Germany Witten-Dijkgraaf-Verlinde-Verlinde Wittenberg Center for Global Ethics Wittenberg University Speleological Society Wittenberg-Birnamwood High School Wittenborn Psychiatric Rating Scale Wittener Industrie und Technologie Park wittered Wittering witters Wittertainment Related Injury Wittes Witteveen Dekker Indonesian Scholarship Foundation Wittgenstein Centre for Demography and Global Human Capital	cc/2019-30/en_middle_0064.json.gz/line1226
__label__cc	0.554184	0.445816	Pages : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 [432] 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 Kobe Bryant suggests he'll play beyond current Lakers contract With a healthy D-Rose, the Bulls are the only team that could've beaten San Antonio Is this the year Lebron pops his Spurs-Finals cherry? Feels good watching this Is Yasiel Puig the most aesthetic athlete in sports? fuark i'm too excited for game 2 tomorrow spurs vs heat (someone hold me) Why is no body talking Tony Parker TRAVELED on the final shot? Did you guys see the new NBA 2K14 cover? Lebron James 23-3 in playoffs with Joey Crawford reffing Strong Lebron hater to premature ejaculation correlation Which Team? 3 x 6 = 18 Sports Misc, u mirin Palace Malice? Marlins 2 Mets 1 20th inning what in the extra innings fuk Spurs +6 vs Miami game 2 is the easiest play of the night Coach Pop speaking dat truth. Boxing on Showtime and HBO DOUBLEHEADER @ 10PM EST tonight If you want to make some money tonight, do this parlay and you will win $ (Srs) Floyd Mayweather will KO/TKO Saul "Canelo" Alvarez (100 dead srs) (take out a loan) Spurs are winning the playoffs and ill tell you why... Wtf is tony parker saying to popovich in this vid Wizards might trade 3rd pick with Milwaukee for Ilyasova Maybe the person who stole my Astros hat out of my car have you ever fapped to a sports event? sports injury rehab facilities? Riley: the time to rebuild around lebron is now Bad Chad Dawson just got KO'd 1st round by soem canadian t-mac is bout to put that vagina on his finger LA sports fans GTFIH Marcos El Chino Maidana vs Lopez starting right now fighters walking ot the string La kings brahs gtfih for dem feels the NL east is the worst division in baseball Why is the NBA sexist and not use males as dancers too? I want to make history Serious Discussion, where would you put bron in the all time list? Not a Spurs fan but mirin this gif hard Holy Crap at the Wankfest people are having over Spurs So many ***in feels... Tracy McGrady agrees with Rodman about Lebron Sports misc. I had a dream Technically, you are not allowed to watch the NBA finals this year.... How come NBA players have stopped wearing #23? NBA refs today should do this instead. why did kobe change his number from #8 to #24 again? >>>OFFICIAL Heat/ Spurs Game 2 Thread<<< Is Dwayne Wade Spreading STD�s While Cheating on Gabrielle Union? The NBA will be announcing creation of new award tonight before Game 2 NBA uncensored trash talk 11 itsreal85 Lebron James feet. What in the actual fuk?! Who is a better TEAMMATE: lebrICK or luke walton? Bobcats to offer 4th overall pick for Chris Bosh (rumor) As the biggest nats homer on the planet Your a GM for an NBA team and have the first pick in the draft.... Jason Kidd reportedly wants to be head coach of the Brooklyn Nets Current state of basketball sports misc Basketball question Most Painful Sports Moments For You Recently? So did WRXBrah ever post his dunk Blackhawks or Bruins? Wizards get repped. NBA Finals Game Girl singing the Anthem (mfw) (reaction) lebron would have been the greatest defensive GOAT if he play in the 90's Eva Longoria face placards being confiscated by security behind basket @ AA Arena Lebron has no help. 4 points in first half. Miami up 3. has lebron really become 50x better than 7 years ago? Heat is a better team when Lebron doesn't shoot so much. Why does everyone here hate lbj/Miami so much LeShut down by Danny Green and Kawhi Leonard If the Heat win the Finals... danny green is better than lebrone why hasnt lebron learned anything against the spurs these past few years The Return of Lechoke, Edition 1: Predict the number of points in the 4th Qtr Got a feeling it's gonna be real quiet in here tonight. Meet the new best PG in the NBA gtfih Is it just me or does magic johnson bring nothing when talking St.Louis Cardinals folks... Bruins will take home cup LOL @ the reds Is LeBron's Hairline Making a Comeback??? Tim Duncan THE GOAT goes 3-13 Miami Heat fans - One of the biggest loads of bs on sports misc Am I the only one disappointed T-Mac didn't score a point? Here's a definitive list of dumbass posters in the sports misc Why people HATE on Lebron, Miami Heat, Barcelona, Yankees, NE Patriots, etc...((SRS)) Craig MacTavish fires Coach Krueger via SKYPE what a cool spurs gif Is Magic Johnson and the early 80s overrated? Chauncey Billups interested in joining Miami Rockets to pursue Howard and Paul Report: Kenny Smith a candidate for Kings GM job fuarkkk that was actually one of the best blocks i've ever seen mind = blown! look who i spotted on the 30 for 30 episode: The U (screen shot) Mean Tweets: NBA Chad Ochocinco Johnson sentenced to 30 days in jail Sports Misc Brahs...question about best MLB jerseys!!! Need help for Father's Day Current Lebron/Heat basketball is as fundamentally sound 8 Straight Titles, It's Coming... Bros that watched the NBA finals game last night --what did SPurs do wrong? chipper jones alpha on twitter Tebow signing with the Patriots Need link to free NFL games online-deleted mine NBA Live 14 E3 What are the chances of the rockets landing both Dwight Howard and Chris Paul? Lmfao is ESPN real life? mind = blown! So I went on NFL.com...... mind = obliterated Spurs last home game... lololol tampa bay rays Nats/O's fans gtfih Calling out sean dizzle the ballerina Lionel Hollins leaving Grizzlies You know what to do... draft a better team on nba2k13 for reps kobe second fiddle Mind = blown LeBron NBA 2K14 Mind=Blown Any umpires out here? Pacman whacking girl caught on camera I am a dodger fan. Console me RARE NBA Rookies show! awesome for NBA fans! SRS Your best Defensive All-Time Starting 5 Line-up! Would Houston have the best big 3 3 minutes of joy 20 minutes showcasing how exceptional Jordan was in his prime Weigh in: Dustin Byfuglien at 302 Pound Tim Tebow, the Patriot (strong gif) Will Alex Len be the steal of the 2013 Draft? Julius Winfield Erving II Mind=blown @ big ben My Written 2013 NBA Mock Draft - check it out New pic of Tebow on NFL.com Thanks Obama... brb_ballin's NBA mock draft - top 16 - (no trades) Check out this play LeBron made (Game 1) Flapjackalypse 2013 What week will Tim Tebow win the starting job with the Pats???(srs) Well looks like Jason Kidd is going to be the Nets Head Coach. The spurs Will Win tonight by 10. If they don't you can neg..... Hakeem Olajuwon showing his soccer skills. On their respective primes, which Big 3 would you take? Spurs or heat? Jordan never shot as high Of a fg% as Lebron did this year espn sports science Spurs future Congrats to the San Antonio Spurs: your 2013 NBA Champs! Traffic jam in San Antonio = ... Ban me for a month if Miami wins tonight. Lester is trash again Bosh Spice Finna Bosh Spice I don't care who you are but this is a good commercial... Is it me or does everyone chose the heat in 2k13? why is green shutting down lebron? Lebron first half stats : 4 points 2/8 shooting. Lebron carries Miami, ok? i cant believe lebron played better 6 years ago against a superior team Lingerie Football League Is More Physical Than The NFL Heat would be dumb to not trade Bosh for #4 pick Tim Duncan is shutting down Lebron James evan gattis needs to be in the HR derby The Spurs have no chance they said, Heat will win series 4-1 they said 4th quarter come back of peace. In the goat we trust. Heat fans till the end! SAS 2 - 1 HEAT (Lets break this down) (HEAT will win this series) (PROOF INSIDE) I do NOT want to see a LeBron to Jordan comparison EVER AGAIN The only way Miami is gonna win this series is if we see this in game 4... it makes me so happy that T-mac has gotten minutes these past two games What if Danny Green wins Finals MVP? Lebron... You aint sht just pass the ball to Wade and shut your little btch mouth If Heat lose this series , Lebron will never be Top 5 & lucky to crack top 10. Did you see LeBron's screens tho? GOAT Notice how all the fans are still in the arena. Im the GOAt Danny Green and Gary Neal if lebron never wins a ship again would our descendants say.... sports misc rioting Lebron is close to Jordan and Kobe they said.. I must confess I get more pleasure out of the Heat losing then seeing my fav team win 16.7ppg, 39% shooting lebron james has done even worse than the stats show 39 points from 3 between two players and 48% FG for the the team Does lephaggot suck quit talking about your poverty finals phaggots So what spurs are up 2-1.. heat will adjust Yeah let's all just ignore the worst player on both teams Spurs get blown out Misc is quiet ... Heat get blown out, misc gonna misc When was the last time a team backed off of a star player and dared him to shoot? Monster.....(warning: Scary Pic) 1996 nba finals game 4 supersonics bulls 107-86 jordans stat line... Russell Westbrick is a Taylor Swift fan Who would make a greater positive contribution to the Heat right now? Shumpert>>>>Butler>Parsons>>>Leonard michael jordan game 4 ecf vs. miami heat worst career game lol Can we all finally agree that Mental Toughness>>>>Weak minded freak of nature. The Spurs did great tonight , but Splitter still sucks lettuce beef reality, were all gonna act like the spurs wont repeat as champions? dbacks and dodgers brawl Tony Parker hamstring injury (questionable for game 4) Lebron's postseason record against the Spurs lebron needs to do this Does Spolestra have the balls to bench Wade Is Spo a top 10 coach in the NBA Lebron James didn't show up to Post Game 3 press conference like the B!tch he is Anybody Have The Adidas CrazyQuick BBall Shoes? Here is how you respond to defense daring you to shoot no team should ever get blown out like that in an NBA finals Last night, it got pretty heated in here. I want to apologize to all SAS fans for.... Tony parker Injury??? I dedicate this song to all SAS fans and Anti-Heat Bandwagoners out there. Heat havent been good since the streak You are Spolestra. Post your Pre-Game speech in the locker room b4 game on Thursday. NEW and UNIQUE Best GIFs of Game 3 in the NBA Finals? All these sh!t NBA threads, none on Gerrit Cole There are 5 kinds of posters in this Sub-Forum (Am I missing any categories) This is literally the worst time of the year in the sports misc Kkooooooooooooooo------bbbbbeeeeeeeeeeeee Some postgame quotes on Spur's defense from LeBron, Bosh, and Spoelstra Chris Bosh vs Pau Gasol Why wasn't Troy Smith a successful NFL QB? Blackhawks win tonight. Heat win tomorrow. I'll rep posts 6,9,11,24, and 30 if wrong. Anyone have valuable baseball cards? Do the Spurs have an "enforcer"? I'm 50x the player I was in 07 LeBron about to bury me Michigan finishes 12/12 in APR (academic performance) in the B1G Which one is Daewoo_lanos and Sdballer? Good breakdown on the spurs defense Jason Kidd, the new Head Coach of the Brooklyn Nets! USA U16 Basketball Team - Class of 2015/2016, we got some beastmode draft years ahead NBA Finals are horrible this year Chris "Im a HOFer" Bosh A Game of Rings \| San Antonio Spurs Edition If you had a choice, what type of franchise would you rather be a fan of. This section is full blown ratard when Heat lose. are you aware that danny green is leading these finals in scoring? Why Do People Say Spurs are Boring? #nbasma wait.. wut? hr derby contestants shouldnt be voted why is media market in san antonio so small?? srs Truly inspiring Outside The Lines Tim Duncan takes a huge chit on Misc Sports and Lebron Haters. How to: Get an automatic win in 2k13 online Yo Chicago Darnell Dockett's new face mask favorite nba gif* Jason Kidd is officially head coach of the Nets If he never died, could Drazen Petrovic have been a better than Jordan in that era? Bad news for anyone thats not a Cowboy fan...	cc/2019-30/en_middle_0064.json.gz/line1227
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FUUUUU is Urban Liar going to flip Same Bruce form Miami to OSU??!?!!?? Pro Football Focus: Teddy Bridgewater Most Accurate Passer In NFL Amari Cooper Headed to the Pro Bowl Official Cavaliers VS Clippers game thread.  misc sports DK NFL championship weekend pool anyone? Shaq Thompson bodies team ISIS and all ISIS cucks Am I the only one who would LOVE to have Johnny Manziel on his team? NFL: Which one of these 3 WRS has the best comeback season Pro Football Focus: Olines and Vikings fans NBA All Star Starters Announced kings own the 8th seed in the West right now Bold Prediction : Clippers will blow out the Cavaliers Post the moment you will remember... Which one of you is this homo Carolina Panthers stan? Weren't the Heat supposed to be on a collision course with the Cavs in the ECF? Rondo with another Triple Double. Kings win. Demarcus Cousins in January: 31.7/13.7/2.8. Shooting 36% from three. Has anyone had more 1 year wonders recently than the browns? McGregor really feeling himself out here So if Anthony Davis is a superstar why is his team pure trash? Fan duel bra's This day 10 years ago Kobe scored 81 Josh Smith traded to Houston (Woj) Lebron needs more help... College football/OSU fans.. How good is Bosa really?? NBA teams/players as equities/commodities Anyone have a solid parlay play for tonight's games? Steph Curry with the GT3 of Peace Jaguars moving to London within 6 years? Clippers trade Josh Smith to Rockets Zero white players elected to All-Star game. The teams 6-131 when throwing over 80% of the time stat FUKIN LOL It's the return...(Warriors) Blatt Fired Didn't Cleveland learn from there mistakes the first time Lebron is the biggest attention seeker in the league Lebron is the CEO of the Cavs and whatever happens is all on him (srs) The Warriors Should Hire David Blatt ppl r throwing lebrons name around alot.. LeMinoxidil is a bigger drama queen than SuicidalMiscer's D12 Anyone else tired of the nonstop Brady/Manning talk on TV? Heat vs Raptors Game Thread Is Peyton the most maligned Super Bowl Champ of all time? Best game of the season going on right now. Boogie Cousins predicts lebron would Fire Blatt before the season started (pic) Kyrie and Love named the worst tandem in the NBA at guarding PnR's Randall, Rimbo at it again I thought Porzingis was a god Warriors vs Pacers Game Thread Official petition to have Steven Curry change positions from PG to SG If Sports Misc'ers/Teams/Players Were Person of Interest Characters :wow: Spurs@Warriors 25th of January 930CT.. Since the Dodgers last WS.... What will Cam Newton be doing at 11PM EST on Sunday? *New England Patriots @ Denver Broncos Game Thread* 7-1 in playoff picks, lock of the week... Skip Bayless a wizard? (Predicted Cavs coaching change) Has There Ever Been A More Prohibitive Favorite To Reach The Finals Then These Cavs? Carolina Panthers 'warming' up for tomorrow ☆NFC Conference Championship: Arizona Cardinals vs Carolina Panthers Official Thread☆ The West Is Now 12 Games Better Then The East Jae Crowder is the most underrated player in the NBA... Danny Garcia vs Robert Guerrero on FOX @ 8 What Other Sports Forums Do You Visit? LOL ESPN (Warriors) (Kerr) Everyone talking warriors and spurs in West but forget about these guys, how dare U? Lebron: "surprised and caught off-guard" by Blatt firing NBA Saturday Night: Bulls vs Cavs Game Thread Kyle Lowry is becoming the lulziest player. LeBandwagoners looking to jump to the GSW Bandwagon, now is your chance Jimmy Butler is a young Kobe wait is Strapnscrap21 the same person as shweezy What can the Cavs get for Kevin love? DeAndre Jordan dunkfest from last night Fire David Blatt then get booed by your home crowd.. Cleveland should trade love and irving LMAO AT LeStatPad Cavs need to trade Lebron (srs) Karl Anthony freakin' Towns Imagine a team of wade, bosh, whiteside, Lebron, dragic? Lerun regretting srs Chip KKKelly Officially Introduced As 49ers Head Coach SAS: LeBron needs more help!!! Cousins with 45 Pts tonight Kings Win streak now at 5. Cousins 45/13. Rondo 1 point from triple double #6. Lakers fans before the season: "Randle, Clarkson + 'Pieces' is a legit Trade for DMC" I would strongly consider Luke Walton in the offseason if I were the Cavs LeSeatCushion & Co. could not handle the pressure If you're not parlaying the Broncos/Cards ML today, you hate money Arsenal is sloppy as fk Please explain logically HOW manning is better than Brady Would it be bad for NFL if Pats won? NFL Team Logos as wrasslers... just LOL at people that say Jim Brown was the GOAT running back. What time do the GOAThawks play today? What are we eating/drinking for Championship Sunday bahs? Which teams does the NFL want to win today? stream the playoff games free? measly reps When was the last time Goodell came? Brady has to stop hanging out with LeSeatCushion LeGoon makes bad players better and great players worse Kyrie for CP3 (ESPN insider)? if denver wins All new england had to do was beat the dolphins SB gona be j00cy as fuk 1 Play. Post Your Reaction If Cubs Win It All This Year Tony Romo, confirmed wizard... Gostokowsi is currently researching SWAT protection teams Calling out Beliedat enjoy the super bowl Denver will get exterminated by the nfc "The extra point hasnt mattered at this point of the game" ~ Phil Simms Peyton>Brady How will another possible SB loss affect Peyton Mannings legacy? Manning > Brady confirmed so why didnt new england just kick field goals The empire has been defeated, order has been restored to the Galaxy.. 2nd Super Bowl for Peyton Manning will be huge for his legacy Bookin my flight to Santa Clara. Who's with me? (advice/suggestions?) The superbowl will be duck hunting season This Defence no joke Holy fuk what's wrong with Annabelle bowlens face? Will Kueckly Go Down as the GOAT Linebacker? Houston Miscer, how do you feel about Kubiak going to the SB? Brady took the most hits a QB has ever taken in a game. Manning brothers vs Brady I finally understand why it's called football - it's the kicker who decides the game! Don't worry, guys, he's still the GOAT. What are Roger Godells thoughts on todays outcome Calling out HoganisGoat, HankScorpio, Twerk4it, SDBALLER.... We may have just witnessed the definitive Brady/Manning game. Broncos fans better pray that the Panthers lose today (srs) SeanDieselBaller5588's world is coming crumbling down. Rotting time. lol @ the New England Phagtriots done with fox's slurpjob of cam newton What's The Line Going to Be For Carolina - Denver? SuperBowl 50 will suck now To everyone putting down Brady. Congrats to the Panthers SUPERBOWL 50 CHAMPS Peyton is gonna be 1-3 in Superbowl in a few weeks Cam Newton got that JUICE HoganisWOAT on suicide alert Ginn, Brown, norwell, coleman Carolina's Offensive Line is Ridiculously Good Its amazing carolina is this good without Kelvin Benjamin Bovada screw me? This has been one of the best sports weekends in recent memory. Can we take a moment to appreciate how fuking good gronk is? Defense wins championships ☆☆☆ AFC CHAMPIONS: Denver Broncos ☆☆☆ Broncos vs Panthers, predict the score Legit Question, Broncos Defense that good or Pats Offensive Line that bad? State of Sports Pissing Me Off Cam vs Wilson will be the next great QB rivalry dencel broncucks vs alphalina chadthers I feel sorry for Peyton Manning.............. Is Cam Newton Playing Like The Best QB in The League Right Now? Denver's dominant D will shut down Carolina Remember when these cucks talked chit about Cam? The match up is set. Peyton vs Cam Looks Like Carolina Finally Realized That Playing in Prevent Mode is Retarded Where are all the Cam haters/brady lovers now? *Super Bowl 50 - Denver Broncos vs Carolina Panthers Super Bowl predictions... The Clipper's bench really blew it tonight "you gonna take an L for being on the wrong side of history for this one" Cam Newton's Second Half in This Game Has Been Ridiculous Stfu jotaro. Breaking news : Aaron Rodgers I wish I could show you Boston fan reaction to Gostkowski but I rather... This will be the Super Bowl narrative in the next two weeks Why are people saying PeyPa is retiring? 2 superbowls, 3 seasons In all seriousness what does Denver have to do to beat Carolina if the PanPans blow out the BronBrons, where do the 15-16 PanPans rank all time? Who was the first man to steal a laptop... If peyton raises the sb 50 trophy, and calls it a career Just fukin LOL @ USC quarterbacks in the NFL Broncos fans, I have good news and bad news. Panthers, Bucs, and Saints fans GTFIH So can we please end the Peyton vs Brady arguments? Peyton OWNS BRADY The panthers could of been an all time great team (dead srs) Dude predicts the Super Bowl match-up and the HGH scandal in the first week of... This is the most depressing time of the year if you think about it You can take Carson Palmer out of Cincinnati... Sports Betting Website Any brahs going to the Super Bowl? Lmao at anyone who thinks Michael Jordan actually "retired" for his first retirement Neg me if the rams take a qb 1st round... AFC needs more Black Qbs super bowl will suck Is the NFL Fixed Who ever wins the Super Bowl Pat stans will be ethered What will the excuses be when Peyton loses yet another SuperBowl? Is Cam Newton overrated Why on earth did Cavs sign these guys to these contracts I officially jinx the Carolina Panthers from winning Super Bowl 50. RIP in peace. The world should appreciate Riverboat Ron more. It has been 46 years since a heisman qb won the Superbowl Ron Rivera and Gary Kubiak prove coaching is the most overrated thing ever Ole Miss compiling second elite class in four years ($SEC Bagman at it again) I'm 99.9% sure Kevin Durant signs with the Knicks this offseason South Florida puts out the best NFL players PERIOD. End of. Will the NFL give the Patriots back their draft pick How many more years will Lebron hold Cleveland hostage? You should have won $1000+ dollars on FanDuel yesterday (srs) Kings sneakin' up on .500 Strong WTF @ Denver's SB loss scores. Are The Raptors Legit? Carson Palmer = Biggest fraud in the NFL Gostkowski isn't to blame Last 4 Years NFC Super Bowl QB's: Kap, Wilson, Cam What piece does LeBaseball need to be able to compete with the Warriors? Wiggens, Towns and Pups VS Lebron's Cavs Teddy Bridgewater to the Pro Bowl Calling out IawI.... 14 touchdowns and 9 ints is Pro Bowl worthy Is anyone really gonna watch GSW v Spurs w/o Tim Duncan? What are the top 3 positions that require the most physical strength in football? 100% Chance Anthony Davis doesn't walk at his son's graduation.. Who will be the next QB to challenge Montana's throne? Death, Taxes, and Serena stylin on Sharapova Is curry the mvp so far OLine is the most important position in football Pats fire their O-Line coach Jameis Winston to prowbowl Official Kwahi Leonard is Overrated Thread** With another MVP and a ring + 1st FMVP/72+ wins has Curry matched LeBron's legacy? LeBronies, you realize 2/7 can't possibly be in the top 20 players of all time... Cousins With 47 And Counting NBA is trash when there is only 1 Contender Tyrann Lue's solution to GSW: Run up-tempo Lol @ warrior fans (srs) Cold hard facts: The NBA MVP plays in Northern California,and is not named stephanie SDballer I'm convinced if you swaped LeBrick for Draymond Green, Wariors would be WORSE Fact : Delly is better then Irving EXPOSED: LeBronie and his team "boycotted" and "threw" game because of Coach Blatt BAN Bet: Spurs Make it farther than the Warriors in the Playoffs Watching NFL Network right now...my pants feel funny.... Rondo 20 assists, Cousins 50+ points Griffin, Blake I was right Lmfao at Blake Griffin 2010 NFL Draft class....best ever? Manfred says DH not coming to the NL any time soon Why did Vince Young not make it? Lamarcus Aldridge Deletes Twitter/IG Following Warriors Loss	cc/2019-30/en_middle_0064.json.gz/line1228
__label__wiki	0.58093	0.58093	Awesome Cars, Motorsports, and Racing News, with an Eco-friendly Twist Hybrid / EVs DIY / Hacks Electric Motorcycles Subscribe to G2 Early Tesla Drive Units Likely To Need Replacement December 11, 2015 Steve Hanley 0 Comments drive unit replacement, Tesla Model S, Tesla reliability, warranty If you are not an engineer, you may not know what a Wiebull reliability analysis is. That’s a statistical technique used to estimate when a particular part will fail based on available data. In October, Plug In America completed a survey of 327 Tesla Model S owners with 2012 and 2013 cars. It asked them if their drive unit had been replaced and, if so, at what mileage. Using the data collected by Plug In America, Matthew Klippenstein or Green Car Reports ran a Weibull reliability analysis and found that two thirds of all drive units in those early cars will likely need to be replaced by the time the cars accumulate 60,000 miles. That’s a disturbing statistic. The results are plotted in the graph shown above. When Klippenstein reviewed the Plug In America data, he found a few transcription errors that might have adversely affected the reliability analysis. So he corrected those errors and ran the analysis again using Reliasoft, a free online tool. This time, the average predicted failure time rose from 57,000 miles to nearly 60,000 miles. He replotted his findings and came up with this chart: The old expression “Figures lie and liars figure” applies to all statistics. In order for the results of the analysis to be relevant, the sample size has to be 1% or more of the total population and the participants must be randomly selected. In this case, 327 respondents is more than 1% of all 2012 and 2013 Model S owners. However, the data was collected from people who were willing to respond to the Plug In America survey, a factor that should be kept in mind when assessing the merits of the conclusion. Before publishing its story, Green Car Reports asked several pertinent questions of Tesla, as follows: How many motors has Tesla repaired or replaced in 2012 and 2013 Model S cars to date? What percentage of total cars does that represent? What does the company’s own reliability data indicate about the percentage of cars that will require motor replacements over the life of the vehicles? Musk said in November that reliability had doubled; how confident is Tesla that it has now fully resolved the reliability issues with earlier motors? What is the company’s projection for failure rate in the motor(s) of current production cars? What would Tesla Motors say to owners (and future used-car buyers) of the early cars regarding the reliability of the motors? Tesla declined to give specific answers. Instead, it submitted this general statement: “Close communication with our customers enables Tesla to receive input, proactively address issues, and quickly fix problems. Over-the-air software updates allow Tesla to diagnose and fix most bugs without the need to come in for service. In instances when hardware needs to be fixed, we strive to make it painless.” Indeed, when reports of problems with early drive units first surfaced a few years ago, Tesla stepped up by increasing its warranty coverage of the drive units to 8 years and unlimited miles. To date, there are no known instances where a Tesla owner has had to pay to repair a faulty drive unit. The reliability analysis does show that that the other components in the Tesla drive train such as inverters and electronic controllers have a predicted life expectancy of 1,000,000 miles. Elon Musk has said recently that the quality of its drive units has improved significantly of late and that the company is targeting the 1,000,000 mile mark for all driveline components. Still, the situation was enough to convince Consumer Reports to delete the Model S from its list of recommended cars, citing worse than average reliability. For a company that relies almost exclusively on word of mouth to sell its cars, the number of failures is a matter for concern. As time goes on, Tesla will start entering the used car market in significant numbers. If second and third owners start paying hefty repair costs, that will damage Tesla’s otherwise excellent reputation. Some worry that the cost of so many drive unit replacements may also be a drag on future profits. For now, Tesla owners say they are happier with their dealer service than the owners of any other cars. Much of that has to do with the fact that Tesla, so far, has fixed most major issues for free. But how long will that policy last? ← Uber Invents…..The Bus! Ford Investing $4.5 Billion In Electric Cars → Steve Hanley Closely following the transition from internal combustion to electricity. 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__label__cc	0.51839	0.48161	Portable & Mobile Tech Atomic πi Samsung, the masochistic tech company? By SquallStrife, October 18, 2012 in Portable & Mobile Tech SquallStrife 531 Really knows where his towel is Herø http://www.engadget.com/2012/10/18/google-...ebook-hands-on/ Apparently the laptop department didn't get the memo from the phone department, that listening to orders to blatantly copy Apple's products will get you sued. NukeJockey 4 I've never used a Crapple laptop, what is it with this that Samsung have copied? twinair 141 Haha! Apart from the fact it says "SAMSUNG" on it...it's looks almost identical to a mac book. PointZeroOne 52 Crash Test Dummy Atomican Location:Victoria Oh wow, it totally does. Having not used nor seen a macbook, I was unaware of the Aesthetics, thats crazy. Pretty sure though there isn't the same kind stupid patents in the laptop space as there is in the phone space. ilyria109 0 Location:ACT i see some very big differences, but still, i think they just made a miniature version of their S-Series Laptops. and made more of an "Ultrabook" reference with the colour. Although most small, slim laptop do look similar, I guess it leave much for innovation at that size. Perhaps, but this is Apple V Samsung we are talking about here....anything goes! Akamatsu 0 i see some very big differences... Wait, what? Besides the hinge mechanism, what other big differences are there? Besides the hinge? the lid bevel, the shape on the front under the touchpad, i'm pretty sure the air is a bit more "bubbly" more "rounder" maybe, as opposed to the samsungs more sharper look. To be honest, i think the macbook looks a lot better, even the shaping underneath, giving it more of an aerodynamic look (for throwing maybe? =\ ) gives it that bit more class, to be honest, the samsung (in this instance anyway) is aesthetically boring, especially in comparison with that white macbook seen above. I agree with what you've mentioned, but would consider those elements 'subtle' as opposed to 'very big'. You have to admit, the similarities are striking. Very big would have been this: Which was the original Samsung Chrome book. It looked better than the new version in my opinion. But you have to admit, all netbooks look very similar, and have very striking similarities. For example : Everything is quite similar on the model i linked, shape wise, not thinkness, they've refined that, the only major difference besides size refinement is the crome edge, which is patented by apple im pretty sure? (btw that's a hp) A Hitman 0 Primarch Atømican Oh shit, they made a laptop that looks like a, GASP, laptop! If Apple was so worried about people copying them they would stop making nondescript designs that consist of a single colour and rounded edges. dishd 0 Location:Penguin, Tasmania Well once round 2 of the court case get under Apple are in trouble, the ruling of the first case, is thought to be incorrect and illegal, so SamSung will have the last laugh... Apple are shite,expensive and a fad, even as we speek Android has a much larger share of the mobile market, compared to iphones/iOS and that share is growing everyday. "you have an Apple product......Wadup Granpa!" Ah, that old gem. Do yourself a favour, find sales figures broken down by market segment. There are more Android phones in the wild than iPhones, correct. Most of those Android phones are shitty $89 burner phones running Froyo. To put it in terms you might get: There are more Toyota Camrys sold than BMW sedans, yes, but how many $30,000 sedans do BMW offer? "Overpriced expensive shit" is what poors say because they can't afford nice things. kthxbai. Edited October 19, 2012 by SquallStrife To be honest, you're confusing me a little bit. I don't quite understand what similarities you're seeing in the image posted above, compared to what Samsung has just released. All Ultrabooks and netbooks have similar physical features, but it's the details that give away that this design was influenced by Apple's offerings. Lets take the colour scheme as an initial example. Apple laptops are silver as a result of the material they're made out of. This doesn't imply that Apple owns the colour silver, there were plenty of other silver laptops around before the original iBook came out, but they were the first to match it with a black chiclet style keyboard when they released the unibody Macbook. This isn't necessarily a logical colour combination, there's nothing objectively better about having a silver body with black keys, it's a style that Apple came up with. Given the plastic body, Samsung could have just as easily used any other colour combination. Second, let's look at the finer details of the keyboard. Apple wasn't the first to do a chiclet style keyboard, it was Sony for laptops, but the concept comes from a 1980s Sinclair PC. However, since their introduction in the 2005 Macbook, they've had a very particular style that hasn't changed much with respect to key sizes and arrangement. Take for example the arrow keys: Notice that there's blank space either side of the up arrow, also notice the rounded edge between the up and down arrows. Now, there's have a look at the same area on the new Samsung: Same blank space, same filleted edge. There are some differences in the radius of the fillet between the up and down arrows, and with the rounded edges of the keys. The font and symbol detail are also different, but it's hard to believe that Samsung arrived at these same design decisions without any influence from Apple's products. Finally, let's look at the trackpad and the groove used to open the screen: It's not really the trackpad that gives it away, although the lack of markings for left and right buttons is a deviation from their Series 9 design, it's the shape of the groove. It's slightly longer than what appears on the MacBooks, but the ends are unmistakable. This is not an objective design decision. It's not a case where this shape works best, and is therefore the logical conclusion. On the Macbook, the rounded corner matches the radius of the round trackpad edges. It's a design decision that maintains symmetry, but results in a sharp edges that many have complained about. In my quick search, I couldn't find any other ultrabooks that used a similar shape. It's difficult to explain how this could happen without the idea that Samsung has copied. So why has Samsung copied, and is it really a big deal? I'd argue they've copied because Apple has set the current fashion trend in laptops. Consumers like the style of Apple's laptops, some of them may even have chosen Apple's products on style alone, and this is a market that Samsung would like to tap into. It's actually very difficult to set a fashion trend, be it with clothes or technology, so it's a safer strategy to copy than to come up with something new. I personally don't think it's a big deal, but I do think it reflects poorly on Samsung. By copying, they're not innovating, and it implies a certain level of subservience to Apple. Edited October 19, 2012 by Akamatsu What a pointless statement As an operating system, Android has a larger market share than iOS. It is that simple. It doesn't matter how much the handset costs. Nich... 658 Professional Tart Location:Mexico I guess this should make people who only buy an Apple for the larger trackpad happy <.> ninjacatfish 0 Location:South West WA Jesus Christ, that thing is a freaking MacBook Air with a Samsung logo :\| Wooooooooooooow. It does. Here's why. Apple's market for iPhones isn't the entire smartphone market. They're only interested in the high-end, alongside the likes of HTC One X and Galaxy S3. And in that segment of the market, iPhone consistently outsells its competitors. It was only in the months leading up to the iPhone 5 announcement that Galaxy S3 sales really overtook iPhone 4S sales by a decent amount. Apple doesn't make a $89 burner handset, so a Samsung/Huawei/LG phone sold at that price isn't necessarily a lost/missed iPhone sale. Make sense? So, while the statement "There are more Android handsets than iOS handsets" is itself true, it's only half of the picture. mudg3 0 Location:Brisbane QLD Will the track pad be any good though? "There are more Android handsets than iOS handsets" is itself true. I don't know if you are arguing for the sake of arguing, but whatevs... I don't know if you are being deliberately dense, but whatevs... The Tick 56 Superherø Probably not. Who cares about that though. Apple bad/ marketing/ sheep/ baaaaah/ grrrr/ Android/ rounded corners. That's where the argument is at. Fuck having something nice to work on or having an opinion based on actual daily use and consumption of a device. Ok - seriously. It's an interesting point about the trackpad. New contract I am involved with - one of the owners was provided an ASUS zenbook about a month before I started. Weight, size and the fact that she was coming off a Windows notebook was the decision for it. It's been back twice under warranty but that wasn't the reason she was unhappy with it - it was the trackpad (and to a lesser degree an occasional skipping keyboard although that may have been due to the fucking trackpad). I did pretty much everything there was to do to rectify it but in the end she opted for an external mouse out of frustration. Someone had been in her ear about an Air (not me - I was trying to get her $1700 investment to work the way she wanted it to). I suggested we go to the Chadstone Apple store to play with one (my 15" MBP was too big so she couldn't get her head around the same trackpad on a smaller laptop). The trackpad and keyboard sold her on it and she hasn't been this happy (her words) with a laptop in a long time. She couldn't give a shit about how it "looks", it's about getting her work done and then getting off the thing without the frustration she has had so far. I honestly believe every hater here either has never worked with Apple products or have had a minor inconvenience with one and blows it so far out of proportion that they justify their unnecessary hatred for the company, their products and their customers. My current contract has me supporting a 60 site national network with around 250 Windows PCs and a small mix of Macs. Every time someone has pushed for the inclusion of a Mac, I have fought it if it wasn't for the right reasons. I have bought more PCs since being here than Macs because it makes sense, not because of looks. The last laptop purchase was for two HPs and the one prior to that was a Lenovo X220 for one of the guys who is constantly flying around the country. Not everyone who loves working on their Apple products is a sheep or a zealot. Samsung are copying every design aesthetic from Apple's playbook to try and capture that market. The end result is an inferior product that looks like it should work better but it doesn't. Maybe they are better off making a better product themselves and getting their own look and feel. It would certainly make my life easier as I don't have to fend off the people asking for this knock off crap and then complain when it doesn't work as well as they thought it would. I quite like Apple products. But I've never been a fan of the trackpad/touchpad/maxipad...whatever you want to call it, on any laptop. I'll take a mouse any day. Having said that though, what Apple are good at is blurring the line between phone, tablet and laptop. The iPad is just one big trackpad...and I'm getting used to that. So perhaps when I get my MBA I won't find it as annoying as I did previously. Actually, probably not. I do a lot of fiddly work with Viso etc...anyone use Visio or similar and enjoy using a trackpad at the same time? Go To Topic Listing Portable & Mobile Tech English (Australian) (Default) Atomic (Default) Future plc Powered by Invision Community	cc/2019-30/en_middle_0064.json.gz/line1240
__label__cc	0.580004	0.419996	Led Zeppelin Master Forum The Next Studio Album By Charles J. White, February 26, 2013 in Led Zeppelin Master Forum Location:Clarksdale to Memphis I also have to step forward and say I'll get a co-production credit as well. Unlike SuperDave I WILL give one small hint as to the style of JP's new studio effort, POLKA. And I'll leave it at that. That was supposed to be kept under wraps. Now it's out! SuperStatic Sorry SuperDave but I couldnt keep it to myself any longer. I cant wait to see the fans reaction when they hear Jimmy's soaring guitar rifts interact and dance with the wonderful rhythms of his backing Polka band! :] Mattmc1973 Robert has spent 33 years not wanting to do it. As they say in behavioral psychology circles, "the best indicator of future behavior is past behavior." It's not EVER going to happen. And these guys are pushing 70. The window is closed. They said the same thing about doing a reunion concert. Disco Duck When I see the word "polka", I imagine elderly Polish-Americans at a VFW hall dance somewhere in Middle America. And accordions playing "Roll out the Barrel".<g> However, I suppose you can play polka music on guitar if you want so... newyorkgoodnight There's another reason to do it and thats money ! One last big payday before they call it a day will be very tempting to the Led wallet ! I don't think they would do it if they didn't feel they could do it justice but after the O2 I think they shocked themselves more than anyone else as to how good they still were.I do believe they will give it one more shot with a tour spread over a period with long breaks in between to give themelves time to recover,throw the half hour acoustic set in for a sit down and off we go. Dallas Knebs Location:Murphy, Texas they turned down $1B billion pounds+ already... ca$h has not been a priority for a while now No Cure Is Known Location:......Birmingham.....ALABAMA But if Rob wants to buy half of Texas since I'm guessing he likes it there, he'll need an additional source of scratch. So... new album and tour. Benny 71 New Tour as well eh ??? Being serious I wouldnt mind them doing some sort of tour, or even a mini tour, or just playing some shows "here and there" when the feeling hits them. But I honestly would be even more interested to hear what kind of new music they could create. There's no doubt they have grown as musicians from 1980 up until now. I dont think they would try to rehash Zeppelin 1 for instance. But could make new music that has the same "power" and "Style" as Zepelin 1 but WITH the addition of all their musical experience over the decades. That would be really cool IMO. MisterMcLov1n A tour/new album didn't happen in the late eighties, the nineties, or even after they actually reunited, so it probably won't happen when the original members are all in their sixties. It also seems pretty clear that Robert isn't interesting in singing about squeezing lemons anymore. dimestoreguru Continuing in that vein? That contradicts all the (good IMHO) arguments made (mostly by Robert) over the last 33 years as to why Led Zeppelin was done. I very much agree. I used to be ticked at how Plant wouldn't let the group reconvene. Now I respect it, and I get puzzled why he himself keeps letting the door slightly ajar for some kind of reunion with the "Capricorns." Wish I too had an answer. Can't figure it out. Is it just a ploy, just some comment thrown out there or actually genuine? SteveAJones The Alchemist's Archivist Location:Tokyo I get puzzled why he himself keeps letting the door slightly ajar for some kind of reunion with the "Capricorns." For the same reason more than half the setlist is Led Zeppelin material: purely to maintain interest in what has arguably become a disinteresting solo career. ticket sales and album/download sales support this anytime the flow of interest runs low he either switches up musicians, adds LZ numbers or tosses out anything that creates a buzz of interest and revives a conversation. Originally he had to bring in Phil Collins to get ticket sales then when the concert ticket sales were flagging he decided it was a good time to "do Led Zeppelin material" then when that went dry it was a good time to do stuff with Page again. Went solo again... oh wait that didn't go so great... time to collaborate and raise some sand. That road was short even with grammys boost. Better "rework" the LZ material to keep it fresh and create some buzz and interest. Since the late '80s he has done more than 64% Led Zeppelin material, 24% cover material and the rest solo material. Not bashing him mind you. This period is a difficult time at best to be an artist in the music industry that has been in a severe downward trend with untold numbers of casualties and roadkills. Plant has done an excellent job not getting swept into the depths of has-beens like 99% of artists during this period. More an indicator of the times in the industry, the circumstances have dictated a narrow selection of choices and I for one admire his ability and craftiness at navigating one hellaciously difficult time period and staying fresh, relevent and creative to boot. Almost impossible to do. The biggest indicator for me is how many people truly love the man and watching him do his thing. When I saw him as Patty's Driver in Austin a few months back, he was bursting with energy, focused and so damn good I couldn't believe my eyes or my ears. Forget youthful exuberance, Plant is a juggernaut right now in terms of ability and delivery. In this climate however, not really translating into sales/downloads. The sales figures for his recent releases are nominal, the SSS Blu-Ray has sold less than nearly everything that has been released in that time period. Plant must really love making music and performing. It's not as if he needs the money. He was set for life by the time Zep folded. Yet, he keeps putting himself out there; recording, composing, touring. That takes a special kind of passion. I like my job well enough but there is no way I would continue to do it into my sixties if I didn't need the money. Jesus, Joseph and Mary..... he burned so many bridges and restricted access to make new music and get it out there ? Think about that for a second. First, bridges are not required even if they existed. If they do, please point out where one is located Second, industry changed and pissed people off- really? Name someone he pissed off so bad they would not jump at the chance to talk to him Ok, well gosh- he really hurt himself by being the most in demand act in history and being offer $1 Billion Pounds and anything else he wanted just name it. Really crippled his future he did. It's horrible that he has so damaged himself as to be honored at the Kennedy Center Honors and be the envy of every single artist in the world. The music industry is so languished right now one of the few bright spots came from Celebration Day released by a band that ended in September 1980. Or did it? Says Led Zeppelin on the label, on the inside and on the discs. The boxsets may well turn the only real profit in 2013-2014 for a record label. Dear lord he is just limping along, nevermind being respected and admired by the most loyal and informed fans in the world. He should probably consult Rolling Stone magazine for advice for a solid path for image repair and public relations. Really? Pardon my shock. No offense but Page hasn't released any new compositions that I know of since Walking into Clarksdale. That was over a decade ago. Nor has he performed much in public during this period. Unlike John Deacon, he never announced that he was retiring from the music business. Thus, I don't think it's out of line for posters to wonder why he has been relatively inactive as a musician during this period. Yes, I know that he's the one who oversees the new releases from Zep's catalog but this isn't the same as recording new music or performing in public. ksgemini Location:CT Agreed Virgil I liked the Americana stuff as well...and the Shape Shifters ...havent seen em live but what I have heard is interesting.It's fine if people don't like Plant's newer music but i think theres room for that and the Zep legacy both. When I heard people calling Alison Krauss "yoko" a few years ago I had to laugh...just because one may not appreciate a type of music doesn't make it inferior...Zep listened to a lot of Fairport Convention and obviously respected Sandy Denny enough to bring her on an album...yet to some people their kind of music is probably considred "sleepy'. OT: Richard Thompson's "Electric" makes for a good listen..well -produced by Buddy Miller so near topic by one degree of separation. Virgil, U write what I want to write ...good post. Sorry I forgot Joni and others...If they ever did try a project...maybe for charity or something, I'd like a little acoustic mixed with the thunder this time. Flyingzepp Location:Missouri Plant sure does know how to rile up a few of you Yes he does. But we'll see if it's just an off the cuff remark or something else. austinzeppelin68 Location:On the corner of Bleecker and Nowhere, In the land of not quite day. I'd like to see a page album but I don't think they need a whole album of Led Zeppelin with all members + jason, it's just not Zep. Without Bonzo in the mix, it's not Led Zeppelin. They ended it in the most beautiful fashion. To make a new album under Led Zeppelin would just ruin that legacy. Edited March 19, 2013 by austinzeppelin68 I pray to God and the Devil they do not do it. The only thing worth Led Zeppelin -minus John Bonham- can do is a tour like The Police. Any other activity will be their tomb. Let's be serious about it. Jimmy Page creativity is dry since mid-seventies. Outrider was an honest effort. Page/Coverdale was fantastic but has short legs (it was Led Zeppelin 2.0). And Plant/Page reunion was all Zepp stuff. Walking into Clarksdale was something I think I heard once in my life, and left me indiferent. Let's face it: their time, as Led Zeppelin, was gone long time ago. tt. You say say that JP has been in a dry spell for some time and yet were still asking for more after 30yrs + and we know and trust me, when JP comes out with a new CD it will be mighty and the dry spell will be forgotten ..There inst many Guitarist that can hit a dry spell for that long of period of time and still be relevant..It simply just does not happen.. You say they LZ were gone a long time ago and yet after 40yrs were still talking about them..Never ever estimate the power of LZ.. A few say that there is no LZ without JHB True!.. however, and yet there were over 20 Mill requesting Tickets for one show and that Million more will glamor for a reunion tour.. The legacy of LZ wont be tarnish if there were one more officaill tour without JHB.. JB is more than capable of handling and making sure and making hes Pop proud that he help put the name LED ZEPPELIN Legacy into a new generation.. Nuff Said Edited March 19, 2013 by Megalodon Location:Atlanta, Georgia Looking forward to the documentary when it is released... Thx for the info, Steve. Been a long time since I was on the forum.... hope some newer footage OF jP, jPJ AND rp along w. Jason jamming is included...	cc/2019-30/en_middle_0064.json.gz/line1242
__label__cc	0.667492	0.332508	Blog Forums Index Feedback Central Queries New Query for RONNIE FOR REAL Share your blood sweat tears query for feedback and lend your hard-won expertise to others otherside89girl Joined: March 31st, 2010, 7:55 pm Contact otherside89girl Post by otherside89girl » June 25th, 2010, 5:06 pm Rejections are wearing me down. Is this new query any better? Thanks in advance. New version: Dear Agent, I am querying you because [...]. RONNIE FOR REAL is a 90,000 word young adult novel told in two parts: Freshman Year and Senior Year. Ronnie Gold is a high school freshman who doesn’t know what she wants. She wanted to learn about art and go on dates. But a B in photography and a close call -– almost kissing a boy her mother would approve of -– make her question everything. Enter Marco: talented, mysterious, and way too old for her. Her mother doesn’t approve. Ronnie dives into Marco’s world full of art galleries and senior parties, and she can hardly believe their crackling chemistry. But Marco has a secret -– he’s illegal -– and before the school year’s over he’s forced to return to Mexico. With no hope of seeing him again, Ronnie knows no boy will ever compare. At seventeen, Ronnie can’t believe she has to endure another year of high school. The tedium is lifted by Michael, a popular soccer player who spills to Ronnie about his suicidal depression. Moved by sympathy, and attracted, against her better judgment, to Michael’s biceps and cavalier flattery, Ronnie gives him a chance. Their relationship goes from tenuous to stressful as Michael’s depression weighs on them both. Ronnie wants to be there for Michael, but then, like a vision from her past, Marco returns. Marco pulls her back to a place filled with dreams and happiness, and Ronnie knows he’s the one. What she doesn’t know is that he’s still an illegal resident. When Michael, a vengeful dumpee, finds out, Ronnie wonders if she’ll ever get her happily ever after. [some other stuff about me/book comparisons] old version: Dear Agent Name, I have chosen to submit to you because [...]. RONNIE FOR REAL is a young adult novel told in two parts: Freshman Year and Senior Year. Freshman Ronnie Gold wants high school to change her. She wants to grow up, to learn about photography and French, to talk to boys without melting in embarrassment. If someone had told her she would meet the love of her life that very first day… that Marco, a dark, talented senior, would profess his feelings for her in the tea kettle room of the Kingsley Art Museum… or that he would disappear to Mexico after an immigration scare, leaving her heartbroken and feeling much too old for her fourteen years… Well, she probably would have been too nervous to go to school at all. By senior year, Ronnie’s excitement about high school is long gone. She expects tedium and homework, not romance. So she surprises herself when she lets Michael, a popular soccer player, draw her in. She hasn’t given any boy a chance since Marco, and suddenly she’s tired of being alone. Michael’s confession of his suicidal depression piques Ronnie’s sympathy, and she’s caught up in her new role of girlfriend-slash-therapist. And then Marco returns, pulling Ronnie back into a world of dreams and uncomplicated happiness. Ronnie knows Marco is the one, but breaking Michael’s heart is messier than she expected. When a vengeful Michael finds out Marco is in the States illegally, Ronnie wonders if she’ll ever find her happily ever after. [some stuff about me]... The manuscript is complete at 90,000 words. Thank you for your time and consideration. Last edited by otherside89girl on August 30th, 2010, 5:17 pm, edited 27 times in total. Re: Query for RONNIE IN HIGH SCHOOL Post by cheekychook » June 25th, 2010, 10:52 pm otherside89girl wrote: This is my first attempt at a query for my YA novel. Feedback greatly appreciated! <3 I have chosen to submit a query to you because [insert personalized stuff here]. RONNIE IN HIGH SCHOOL is a young adult novel in two parts: Freshman Year and Senior Year. The manuscript is complete at 90,000 words. Ronnie Gold wants high school to be different, exciting, magical. That’s why she and her best friend, Jem, decide to go to Chimakum High, where they won’t have to see any of the familiar faces they’ve known since kindergarten. But it doesn’t take long for Ronnie to feel more lonely and less interesting than ever. Her solitude compels her to obsess over Marco, a mysterious, skull-and-crossbones clad senior with whom she’s never spoken, and Ronnie wonders if she’s going insane. But one dark morning on the streets of her rainy suburb sparks a change, and suddenly Ronnie is making friends, going on dates (sort of), and dying a red stripe in her hair. When Marco finally speaks to her, Ronnie feels her real life beginning in all of its magical splendor. And then, in a blur of immigration terms that Ronnie barely understands, Marco is gone, and Ronnie is left guarding her heart more closely than ever. When senior year arrives, Ronnie and Jem don’t expect anything at all. They’ve been at Lake High since sophomore year and they know the drill. Ronnie just wants to focus on her AP classes and her bakery job, but her longtime friend Michael makes that difficult. Michael has grown up; now he’s a sought-after soccer player with a Mustang, and he only has eyes for Ronnie. When he confides his rather depressing secrets to her, Ronnie decides to give him a chance. And then Marco comes back. So much for finishing her senior year in peace. Will Michael drive her over the edge? Will she live happily ever after with Marco? Or will events from three years ago come back to haunt her? RONNIE IN HIGH SCHOOL is my first novel, and I am prepared to send the full manuscript at your request. I have included the first [however many] pages as requested by you on your website. I like the idea of telling someone's story by showing us their first and last year of high school. I don't read much YA fiction these days, but your query makes this book sound interesting. RONNIE IN HIGH SCHOOL is a young adult novel told in two parts: Freshman Year and Senior Year. ----I added the word "told" because I initially thought you meant the book was two volumes. (Then again it's really hot here today and I'm feeling a little loopy, so that misunderstanding could just my heat-dementia.) The manuscript is complete at 90,000 words.---I would put this at the end and just go straight into your story instead. The second paragraph summarizes the events of Freshman year well; it gives me a clear picture of the overall storyline. I think it can be shortened, though, and it left me with a few questions. Is Marco a foreign exchange student? An illegal alien? Is there significance to the fact that her life changes on a dark, rainy morning? (If there is, leave this in, but maybe hint at why it's significant---if it's not, this might be a good spot to condense things.) Is it important that she dyes a red stripe in her hair? (If it is, tell us why, if not,this is another place you can shorten.) It's normal for a shy teenage girl to obsess over a guy she's attracted to, what makes Ronnie think she's going insane? When senior year arrives, Ronnie and Jem don’t expect anything at all.---I'd change this to say what they DO expect instead of what they DON'T expect (ex: When senior year arrives, Ronnie and Jem expect the same old drudgery.... or....When Senior year arrives Ronnie and Jem can't wait to be done with high school...whatever it is that they're thinking.) Is Michael's depressing secret that he's in love with her? If so, why is it "secrets" (plural)---what else does he confess? By giving him a chance does that mean she beings to date him? Not sure what you mean by "finish her senior year in peace"---is she trying to avoid conflict with her longtime friend Michael by dating him even when she doesn't really want to? I can see how Marco coming back into the picture complicates things, but is it because she doesn't want to hurt Michael's feelings or because she's legitimately torn between them? The use of questions in a query is a topic I've seen debated, a lot. Most things I've read are in favor of avoiding questions if at all possible. Can you pose these conflicts in another way? Ronnie is forced to choose... Ronnie worries about....Ronnie must decide.... If you're set on using a question I'd at least try to cut it down to one rather than three. Just my opinion. I notice that you mention Jem in both descriptive paragraphs, yet you never tell us anything about her other than she's Ronnie's friend. Does she have an important role in the story? If she does, tell us a little about her. If she doesn't, I think you can leave her out of the query. I would not repeat the name of the novel in the last paragraph, nor would I say it's your first novel; both of those things are unnecessary. You also don't need to state that you're including x-number of pages as per the agent's website---agents are smart, they'll figure that out. ;) I'd put a sentence about "Complete at 90,000 words, this manuscript is available upon request"----or something like that. Overall it sounds like you have a very complete story with good potential for young adult drama. If you haven't already done so, try writing a one sentence summary (I don't know how to link to particular blog posts, but Nathan discusses this in detail); it's a great way to really boil down the most important parts of your story. Good luck with the query process! fivecats Location: Outside Raleighwood, NC Contact fivecats Post by fivecats » June 26th, 2010, 1:13 am Freshman year = age 15. Senior year = 18. Even though there is only 3 years between them, there's a world of difference between a Freshman and a Senior. The most obvious difference: a Freshman is looking at starting high school, while a senior is worried about getting into college or having to find a job to support themselves as an adult. My one suggestion, above all others, is to clearly define why & how you have chosen to eliminate the Sophomore and Junior years from your story. Did nothing interesting happen? Nothing that will shed light on the Senior year? To me, it seems like a huge leap between the two years. As an agent, I'd wonder what direction your story was going in to be in two parts liek this. (I'd expect this to be a four-part series -- one book per year in high school) Tom M Franklin Franklin, Ink: Writing about Writing & Reading http://tommfranklin.blogspot.com/ Post by otherside89girl » June 26th, 2010, 1:43 am cheekychook - Thanks, your feedback was really helpful! fivecats - I was wondering if some people would feel that way... I can definitely add the reason behind that decision. If others could weigh in on that too, I'd be interested to hear if you think that would pose a big problem, or if you agree with cheekychook that it sounds good. OneChoice1 Joined: January 5th, 2010, 2:05 am Contact OneChoice1 Post by OneChoice1 » June 26th, 2010, 4:38 am I have chosen to submit a query to you because [insert personalized stuff here]. RONNIE IN HIGH SCHOOL is a young adult novel in two parts: Freshman Year and Senior Year. The manuscript is complete at 90,000 words. [Many advise to place this at the end of your query before the paragraph with "Thank you for your time and consideration." Also, I agree that you should consider creating four books for each year of high school. There’s just too many changes and events that can happen.] Ronnie Gold wants high school to be different, exciting, magical. That’s why she [Oh, I thought it was a boy. But Ronnie is unisex, so okay :D] and her best friend, Jem, decide to go to Chimakum High, [what do you mean by decide? People could decide on what college they wish to attend, but zones decide which elementary/middle/high schools children and teenagers have to go to. Are you saying they persuade both their parents to move to a different area so they are able to grace Chimakum High with their presences?] where they won’t have to see any of the familiar faces they’ve known since kindergarten. But it doesn’t take long for Ronnie to feel more lonely and less interesting [Is there a stronger way of saying "lonely and less interesting"?] than ever. Her solitude compels her to obsess over Marco, a mysterious, skull-and-crossbones clad senior with whom she’s never spoken, and Ronnie wonders if she’s going insane. [I still do not see why she feels compelled… Is it because Mario seems alone too? Did she catch Marco looking at her one time? Did she overhear people talking about him?] But one dark morning on the streets of her rainy suburb sparks a change, [Why? Did she get struck by lightning? Run into a creepy old woman? Almost get run over by popular kids? Save someone’s life? There has to be something that makes this morning stand out more than just the morning is dark and raining...right? Unless it rarely rains in her area, perhaps?] and suddenly Ronnie is making friends, going on dates (sort of), [Why say "going on dates" and then say "sort of" --- be more clear and direct] and dying a red stripe in her hair. [I do not see the significance of "dying a red stripe in her hair."] When Marco finally speaks to her, Ronnie feels her real life [I do not see why you say "real" life.] beginning in all of its magical splendor. And then, in a blur of immigration terms that Ronnie barely understands, Marco is gone, and Ronnie is left guarding her heart more closely than ever. [Uh-Oh.] When senior year arrives, Ronnie and Jem don’t expect anything at all. [Not even to graduate?] They’ve been at Lake High [why did they change high schools?] since sophomore year and they know the drill. Ronnie just wants to focus on her AP classes and her bakery job, [So freshman yr = Ronnie was into love and finding wonders of life. Now in senior year = she is focused on work. Correct? If this change is only because of Marco, then I am starting to see why you only want to write about freshman and senior year. If anything important happened in between, you could always write flashbacks… I guess :D.] but her longtime friend Michael makes that difficult. Michael has grown up; [Grown up from what?] now he’s a sought-after soccer player with a Mustang, and he only has eyes for Ronnie. When he confides his rather depressing secrets to her, Ronnie decides to give him a chance. [So she pities him?] And then [You already started a sentence with "And then."] Marco comes back. [Make this sentence stronger. Make the agent feel how crazy-wonderful-but-inconvenient this is. Make more tension.] So much for finishing her senior year in peace. Will Michael drive her over the edge? Will she live happily ever after with Marco? Or will events from three years ago come back to haunt her? [I recommend rewriting these last three sentences, and not making them rhetorical questions. Or, at least, changing two of them and leaving only one sentence rhetorical.] RONNIE IN HIGH SCHOOL is my first novel, [This a good paragraph to add word count, genre, and the information about your novel's two parts.] and I am prepared to send the full manuscript at your request. I have included the first [however many] pages as requested by you on your website. Your query definitely speaks out to your novel's genre—YA. :D Reading through the whole thing, I’m on the fence with my opinion if you should write just about Ronnie’s freshman and senior years. Sorry :} It’s just, like I said above, I think I see why you wrote those two years only. I hope I helped you. Good luck! Jesus loves. OneChoice - You had some helpful suggestions. I think I'm going to ditch the 2 different high schools thing and just stick with one school to make it less confusing... It seemed symbolic or something when I first wrote it that way but now I see it just confuses readers. :) Thanks for your help! Okay, I've posted my second try in the original post! Thanks again to those who've given feedback. :) Post by OneChoice1 » June 27th, 2010, 5:19 pm otherside89girl wrote: Here is my 2nd attempt at a query for my YA novel. (I have replaced the original with Version #2.) Feedback greatly appreciated! <3 I have chosen to submit a query to you because [insert personalized stuff here]. RONNIE IN HIGH SCHOOL is a young adult novel told in two parts: Freshman Year and Senior Year. The following are suggestions and such. Take what you think helps, ignore the rest ;D Ronnie Gold wants high school to be different, exciting, magical. When she starts at enters Chimakum High she expects her new persona to burst forth right away – creative, friendly, and fearless. [You could "show" Ronnie's expectations more, like "she expects to be invited to parties and asked out right away."] But it doesn’t take long for Ronnie to feel more lonely and less interesting awkward than ever, bogged down by her pesky shyness. In her solitude, she obsesses over Marco, a mysterious, skull-and-crossbones clad senior with whom she’s never spoken. [I'm still curious about why Marco catches her eye..] (I think a new paragraph should be started here.) Her best friend, Jem, After Jem, her best friend, (insert here the reason why Jem started branching out), she starts branching out and drags Ronnie along. Now Ronnie's making friends and going on dates like she should. When Marco finally speaks to her, she feels her life beginning in all of its magical splendor. And then, in a blur of immigration terms that Ronnie barely understands, Marco is gone, and Ronnie is left guarding her heart more closely than ever. When Senior year arrives and Ronnie expects it to be just like last year, and the year before. she has ceased to believe in the magic of high school. She Forget about magic, she just wants to focus on her AP classes and her bakery job, but her longtime friend Michael makes that difficult. Michael is a sought-after soccer player with a Mustang and a perpetual crush on Ronnie. When he confides to in her about his depression, Ronnie gives she sees no harm in giving him a chance, although she’s not sure if she likes him or just feels sorry for him. Marco – long-lost Marco – comes back, and Ronnie’s doubt about dating Michael turns into full-blown regret. Ronnie is She never imagined Marco coming back. Ronnie's certain that she and Marco are meant to be together, but first she has to break Michael’s heart. Now all she wants is to live happily ever after with Marco, but events from three years ago come back to haunt her. Michael's heart and unresolved events from freshman year can very well stop that from happening. RONNIE IN HIGH SCHOOL will be appreciated by readers who enjoy the works of Carolyn Mackler, Stephenie Meyer, and Megan McCafferty. The manuscript is complete at 90,000 words and is available upon your request. I like your original first sentence better. IMO, the structure built the sentence up and was a good way of presenting Ronnie's voice/personality in her first year of high school. Maybe you should leave the agents up to decide if they think readers who read CM, SM, and MM will enjoy your story. Post by otherside89girl » June 29th, 2010, 10:56 pm Thanks again, OneChoice. I like your suggestions. :) clara_w Contact clara_w Post by clara_w » June 30th, 2010, 10:50 am I like this, I really do. Only problem would be: Query one story at a time. Don't query both books in one. Pitch the first. If everything goes right, you won't even need to pitch the second. =) clara_w wrote: I like this, I really do. Only problem would be: Query one story at a time. Don't query both books in one. Thank you, clara_w, I'm glad you like it! But it's one book with two parts. :) Post by otherside89girl » July 1st, 2010, 10:46 am Version 3 is up on the original post. Thanks guys! Contact Emily J Post by Emily J » July 1st, 2010, 4:25 pm otherside89girl wrote: Here is my 3rd attempt at a query for my YA novel. (The following is Version #3.) Feedback greatly appreciated! <3 Ronnie Gold wants high school to be different, exciting, magical. When she starts at Chimakum High she expects her new confident, worldly persona to burst forth right away. But it doesn’t take long for her to feel more lonely and awkward than ever, bogged down by her pesky shyness. In her solitude, Ronnie obsesses over Marco, a mysterious, skull-and-crossbones clad senior with whom she’s never spoken. Her best friend, Jem, starts branching out and drags Ronnie along, and suddenly Ronnie is making friends and going on dates. When Marco finally speaks to her, Ronnie feels her life beginning in all of its magical splendor. And then, in a blur of immigration terms that Ronnie barely understands, Marco is gone, and Ronnie is left guarding her heart closer than ever. Senior year arrives and Ronnie expects it to be just like last year, and the year before. maybe just say the last two years? Forget magic - i am nit picking but this looks like a hyphen to me, not a dash she just wants to focus on her AP classes and her bakery job. Her longtime friend Michael makes that difficult. Michael is a sought-after soccer player with a Mustang and a perpetual crush on Ronnie. After years of dodging his advances, Ronnie decides to give him a chance after he confides in her about his depression. She wouldn’t have done that if she knew Marco was coming back. Ronnie is certain she and Marco are meant to be together, but Michael and unresolved events from freshman year stand in her way. The manuscript is complete at 90,000 words and is available upon your request. So technically this is solid. But Marco coming back into her life really lacks a punch. I mean, it isn't even stated directly. Can you find a way to make Marco's surprise have more impact to the reader? I think that would give the ending of the query a bit more force. Maybe something like "Moving on with Michael, Ronnie feels like her life is finally starting to fall into place. But just when she dares to let herself be happy, Marco returns unexpectedly, eager to pick up where they left off. Suddenly Senior year just got a lot more complicated." That is just a suggestion! (not a very good one either) And obviously you need to put it in your own voice, but I do feel the drama could be amped up a bit in the conclusion. Post by otherside89girl » July 2nd, 2010, 11:10 pm Thanks, Emily J! I took your suggestion into account. I've posted version 4 in the original post! Thanks everyone! Ellie G Contact Ellie G Post by Ellie G » July 3rd, 2010, 9:10 am I think the structure of this query is very good, but could use some reshaping at a sentence level. You're saying a lot of things twice (e.g. " but that doesn’t happen. / She feels just as shy as ever" -- we infer the latter from the former; you don't need to spell it out) and you're using a lot of "writerly" (flowery) language that muddies up the plain facts. I'm confused by what "unresolved events from freshman year" means. And if Ronnie's so sure she and Marco are meant to be together, why doesn't she just dump Michael and date Marco? You need to really spell out why this is a hard choice for her. I'd put the agent-specific stuff at the end and just say straight out it's a simultaneous submission, e.g., As a freshman, Ronnie hopes high school will be magical, but she feels just as shy as ever. etc... Senior year arrives and Ronnie's no longer expecting magic in her life. She just wants to focus on her AP classes and her bakery job. etc... Just when Ronnie has gotten used to being Michael’s girlfriend-slash-therapist, Marco comes back to find her, his feelings unchanged after three years. Ronnie believes Marco is the one, but A, B, and C make her think that might be a mistake/Michael is the one after all/whatever and she has to decide if she wants Compelling Choice #1 or Compelling Choice #2. RONNIE IN HIGH SCHOOL is a young adult novel complete 90,000 words. The manuscript is available upon your request. This is a simultaneous submission. I chose to submit to you because [blah blah personal stuff you're the best agent ever.] Return to “Queries”	cc/2019-30/en_middle_0064.json.gz/line1244
__label__wiki	0.503997	0.503997	Reviews / The Fastest ISPs of 2019 By Eric Griffith 06.26.2019 Depending on where in the US you live, you may have little choice in your broadband internet provider. But if you can pick, we're here to tell you which ISP to choose in your area. The Fastest ISPs of 2019: Canada Your choices for the fastest throughput in the land are the same, and they're faster than ever before. Which ISPs Spend the Most Money on Lobbying? By Rob Marvin 06.07.2019 Last year was the biggest ISP-lobbying year on record, with $80 million spent. But over the past two decades, telecom giants including AT&T, Comcast, and Verizon have spent hundreds of millions of dollars on lobbying efforts. 45 Percent of Americans Can Barely Get Affordable Wired Broadband Remember the digital divide? It never really was bridged. As evidenced by this report, the internet-connection differences between the haves and have-nots are wider than ever. The Best Gaming ISPs of 2019 Online gamers have more to worry about than just great throughput from their ISP if they want to win. See which broadband providers in the US have the goods for gaming. The Best Gaming ISPs for Canada 2019 Which ISP is the best in the northern lands of North America if you've given your life over online gaming? Find out right here. CenturyLink Forced Utah Customers to View Ad to Get Internet Access By Michael Kan 12.17.2018 Residents in Utah have been complaining about the pop-up messages, which required customers to click through a notification to get their broadband access back. However, CenturyLink is claiming it was merely trying to follow a new state law. FCC Probing Carriers for Rural Internet Coverage Accuracy The FCC said it was investigating whether "one or more major carriers" violated rules of a broadband program that plans on spending $4.5 billion to help bring 4G LTE access to rural residents. Inside T-Mobile's 5G Network Plans T-Mobile gave PCMag an exclusive look at its next-gen network hardware and a tour of its 5G Experience Truck in NYC, where we chatted about latency, smart cities, and the IoT. California to Delay State Net Neutrality Law's Enforcement The state is delaying enforcement until a separate legal battle that seeks to overturn the FCC's order to roll back the Obama-era net neutrality protections resolves in court. Verizon Rolling Out Home 5G Service to 4 US Cities on Oct. 1 The high-speed home internet service will first be available to consumers living in Houston, Indianapolis, Los Angeles, and Sacramento for $50 to $70 a month. T-Mobile Edges Out Verizon in Carrier Speed Showdown Ookla's US Mobile Performance Report found that T-Mobile had the fastest, most consistent network performance in the first half of 2018. Verizon was a close second, followed by AT&T. US Government Revives Effort to Stop AT&T-Time Warner Merger The Justice Department has appealed last month's court's ruling, which cleared the way for the $85 billion merger. AT&T said it was "surprised" by the move, but plans on fighting the action in court. Dive deep into the download and upload speeds taken from thousands of tests performed in the great northern nation, and you'll find that only one internet service provider can take home the title of 'fastest.' Which US internet service provider (ISP) should you be seeking out? Read on to see what tests from your fellow PCMag.com readers reveal. Net Neutrality Ends in April, Unless Congress Acts Opponents of the FCC's order are planning to fight back in court. Democrats are also trying to reverse the repeal in Congress. Asus ROG Rapture GT-AC5300 Netgear Nighthawk X10 AD7200 Smart WiFi Router (R9000) Asus RT-AC66U B1 Dual-Band Gigabit Wi-Fi Router D-Link AC2600 Wi-Fi Router (DIR-2680) The Best Wireless Routers for 2019	cc/2019-30/en_middle_0064.json.gz/line1246
__label__wiki	0.74913	0.74913	At Great Neck North High School A white balloon tied with a ribbon of orange captures the hearts of around 50 people as it peacefully floats away. One minute would pass before the next balloon is released: the moments in between are used to remember the names of those who have passed away. In 17 minutes, 17 balloons were released to recognize the 17 people who were murdered in the school shooting at Marjory Stoneman Douglas High School in Parkland, Florida. In those 17 minutes, every student and teacher standing in the front of Great Neck North High was surrounded by silence as each individual who participated in the walkout paid their condolences. The students of Great Neck North left their classrooms Wednesday morning alongside thousands of other students nationwide. This walkout was a memorial, a way for the country to honor the victims of Parkland. The walkout also represented a political call for action against gun control, propagating unified message that “Enough is Enough.” This walkout was organized by senior Adi Sragovich, who was galvanized when she saw students her age protesting and pushing officials to enact gun reform laws. “It really invigorated me. I feel like my generation is finally coming into its moment,” Sragovich said last Thursday. “Unfortunately, that power comes from the fact we’re the ones being hunted and killed.” Despite the walkout being a student effort at first, teachers also stepped out of the building to honor the event and its cause. Mr. Holtzman, Ms. Babkes, Mr. Gilden, and other teachers were present, showing that they acknowledge and support the student body’s actions. Hopefully, there will be change inspired by this unified call so that students and teachers would no longer be victims of school shootings. What's the hardest academic year? Celebrity Lawyer Michael Avenatti Charged with Extortion, Among Other Crimes Diversity Issue in New York City High Schools Notre Dame Burns: Paris Seeks to Recover from Catastrophe and Conflict Horses in the Back and Gucci Cowboy Hats – Lil Nas X’s “Old Town Road” Prompts Controversy and Community College Admission Scandal New Zealand Shooter Kills 50 in Attack on Mosques Controversial Village Rezoning law to be “significantly amended,” according to Mayor PETA Poked the Bear with Critique of Steve Irwin’s Legacy Amazon Cancels Plans for Long Island Headquarters Diverse Democratic Presidential Field Indicates American Progress	cc/2019-30/en_middle_0064.json.gz/line1248
__label__cc	0.727753	0.272247	GOSSIPONTHIS.COM Tags Curtis “50 Cent” Jackson Tag: Curtis “50 Cent” Jackson “Power” to End After Season 6, Which Premieres This August & Will Have 15 Episodes It's a wrap for "Power" after Season 6 premieres this August, but 50 Cent says "don't trip" because spin-offs are on the way! Young Buck’s Alleged Transgender Ex Releases Diss Track While 50 Cent Points & Laughs on Instagram A transgender woman is dragging Young Buck's name through the mud, reigniting rumors that Young Buck sleeps with transgender women. Meanwhile, 50 Cent pokes fun at Young Buck's misery for Instagram hearts. Ja Rule Says He’ll NEVER Be Cool With 50 Cent: “He’s a Parasite, a Cancer to the Culture & Our People” The long-simmering feud between Murda Inc. and G-Unit seems destined to live on for eternity, based on these declarative Instagram posts from 50 Cent and Ja Rule. “Power” Season 5 Episode 2 Recap: Tommy Gets in Trouble With the Italians, Dre Is (Unfortunately) Still Alive, and Ghost Turns Into Dexter It was a rough couple of days for the characters of Power in Season 5 Episode 2 as everyone dealt with the consequences of their actions from the past. “Power” Season 5 Premiere Recap (Episode 1): Rest in Peace Raina, Hopefully Dre & Tariq Will Be Joining You Soon After "Power" Season 4 ended on a tragic note, "Power" Season 5 focuses on the St. Patrick family trying to put the pieces back together and heal from the untimely death of their teenage daughter Raina.	cc/2019-30/en_middle_0064.json.gz/line1250
__label__cc	0.519058	0.480942	Tag Archives: London 2012 Ethical Issues, Events, Falling, Horses, London 2012, Olympic, Uncategorized Modern Pentathlon: What Did I Just Watch? Perhaps its because I rode in the IHSA during college, and have witnessed similar “oh crap” moments when riders pull ‘that horse’ whose description reads something to the tune of “hold on and Jesus take the reins”, but after watching a clip sent to me by a friend of the 2012 riding portion for the Modern Pentathlon…I am genuinely curious to know why the riding is that horrifically bad. Um….What…The….Shit? Image courtesy of VC Star. If you are offended by pictures of terrible riding and some foul language….yea just keep reading anyway. Tagged 2012, Abuse, Abusive, catch ride, core, Equestrian, Equitation, forward riding system, Horse, Horse Jump, horses, Intercollegiate Horse Show Association, London 2012, martingale, Modern, Modern Pent, Modern Pentathlon, non abuse, oh, oh shit, oh shit brakes, Olympic, Olympics, Opinion, Pentathlon, pull, pulling, Riding, shit, Show Jumping, tenants, Twitter, What the Fuck, What The Hell, WTF, WTH Big Horses, Events, High Profile, Horsemen, Horses, London 2012, Olympic This One’s For Switzerland As you may have heard, the Swiss ended their 88-year long stagnant streak in the individual show jumping portion of the London 2012 Olympics. It’s a pretty big deal Image courtesy of Vaterland.li Swiss rider Steve Guerdat rode the talented Nino des Buissonnets to win the individual gold medal. Guerdat’s success was the first in over 88 years, the last individual gold from a Swiss rider was in the 1924 Paris Olympics. Tagged 88, 88 Year, 88 Year Streak, Compete, FEI, Gold, Gold Medal, Individual, Individual Gold Medal, London, London 2012, Olympic, Olympics, Rider, Riding, Show Jumping, Steve Guerdat, Streak, Swiss, Switzerland, USEF, USET, Winner Dressage, Equestrian, Eventing, Events, High Profile, London 2012, Olympic Official Equestrian Coverage Schedule Instead of a news writeup, here is what you really want to read: the equestrian olympic TV schedule for NBC. I am in no way affiliated with NBC. I just like horses. I’m not even going to waste any space with pictures. All these times are courtesy of Yahoo: Individual and team eventing dressage: 1:45 pm. – 2:45 pm. (NBC Sports Network) Individual and team eventing – Cross Country (LIVE): 8:15 am. – 12:45 pm. (NBC Sports Network) Eventing – Team Jumping final (LIVE): 6:00 am. – 8:15 am. (NBC Sports Network) Eventing – Individual Jumping final (LIVE): 9:15 am. – 10:30 am. GO USA, or whoever you root for. Tagged Dressage, Equestrian, Equestrian Team, Eventing, Horse, horses, Jumping, London, London 2012, NBC, Olympic, Schedule, Show, Show Jumping, Team USA, United States, USEF, USET, Yahoo Big Horses, Equestrian, Equitation, Ethical Issues, High Profile, Horses, International, Olympic, Uncategorized The legendary Gem Twist has a clone! Did you know? Image courtesy of Tuesday’s Horse Confused about the title? Well here’s the skinny: clones of former olympic champion horses have no been approved to compete in future olympic endeavors! In a recent ABC article, the The Fédération Equestre Internationale(FEI) confirmed that though these clones would be too young to compete in the London 2012 olympics, they would be allowed to compete in upcoming events. The decision came after an inquiry into whether or not these clones of equine superstars would have an advantage over their un-cloned competitors. The result? Clones were deemed only 98% accurate copies of their originals, but it was decided that the training and upbringing of the horse was what determined its ability to compete, not genes. Perhaps in the next olympics we might be able to sneak a peek at Gem Twist’s clone. Get a good look! This is Gemini Twist, the rumored clone of Gem Twist who has been training under equestrian legend Frank Chapot. Image courtesy of Young Jumpers. Tagged 98 Percent, Chapot, Cloning, Equestrian Federation, Equine, ethical, FEI, Frank Chapot, Gem Twist, Gemini Twist, horses, humane, Jumping, London 2012, Olympian, Olympic, Olympics, Science, Science and Technology, Show Jumper, Superstars, Tuesdays Horse, Young Jumpers Big Horses, Equestrian, Equitation, Events, Famous Equestrians, Horsemen, Horses, Legendary The Olympic Long List Welcomes Laura Kraut and Beezie Madden Fans of show jumping will be pleased to hear that two more familiar names will join the long list before the Selection trials set to run from March 21st until March 24th at the Palm Beach International Equestrian Center in Wellington, FL. Joining previously announced competition McLain Ward, Beezie Madden and Laura Kraut will join the hopeful contenders to represent the United States in London this coming summer. Joining these ladies on the list will be their respective mounts: Kraut aboard Cherry Knoll Farm’s Cedric, and Madden aboard Coral Reef Ranch’s Coral Reef Via Volo. From Left to Right:Will Simpson, Laura Kraut, Beezie Madden and McLain Ward who won the Gold Medal at the 2008 Olympic Games. Image courtesy of Zimbio. Tagged Beezie Madden, Big Horses, Bridle, Bronze, Calgary CSI, Cedric, Chef d'Equipe, Cute Horses, Del Mar CSI, Devon CSI, Equestrian, Equitation, Facebook, Federation Equestre Internationale, FEI, Gold, Hooves, Horse, horses, Jump, Jumping, leather, Legendary, London, London 2012, McLain Ward, Medal, Olympian, Olympics, Palm Beach International Equestrian Center, Rider, Sapphire, Show Jumping, Social Networking, Summer Olympics, Tail, Twitter, Unbridled, United States Equestrian Team, US Olympic Committee, USEF, USET, Via Volo, White horses Equitation, Events, Famous Equestrians, Goucher College, Horsemen, Horses, Legendary, Uncategorized Equestrian Sports And Safety: Concerns For Future Olympics As equestrian Olympians prepare for the London 2012 games, there has been some concern over the safety of the sport and whether or not it should be retained as a summer sport in the olympic games after London. In recent remarks made by International Equestrian Federation (FEI) Princess Haya, “Anyone who thinks equestrian sports are secure for London is mistaken”(reference). Haya goes on to say that due to low-interest in the dressage discipline, show jumping may also be in jeopardy, as it is highly unlikely that show jumping would be allowed to remain as a standalone equestrian sport in the olympic games. Because cross country requires so much space and very specific location requirements, it too could be in jeopardy. Sad but true: we may never see legends like Steffen Peters and Ravel at olympic tournaments if what Haya is saying is true. Image courtesy of La Times Tagged 1900, 1900 Paris, 2012, 2012 Team USA, Big Horses, Cute Horses, Dressage, Equestrian, Equitation, Facebook, FEI, German, Goucher College, Goucher College Equestrian Team, Help, High Jump, Holsteiner, horses, London 2012, London Olympic Games 2012, Long Jump, McLain Ward, Olympic Games, Olympics, Paris, Princess Haya, Puissance, Ravel, Sad News, Sapphire, Show Jumping, Social Networking, Steffen Peters, Stockholm, Unbridled, USA Olympic Team, USEF, USET, Vancouver, White horses	cc/2019-30/en_middle_0064.json.gz/line1252
__label__wiki	0.523968	0.523968	Slaying the cyber threat will take some doing It has assumed hydra-headed proportions and will need combined efforts to counter Published: July 12, 2019 14:11 By Suvo Sarkar, Special to Gulf News Browsing his e-mails, Hussam finds a message supposedly from his bank advising him that his account has been blocked and requiring him to provide his online banking credentials urgently to rectify the issue. Maria gets a congratulatory SMS telling her that she has won a lottery and asking her to call a number with her bank account details to receive the funds. Suresh gets a call from somebody impersonating his telecom provider indicating that his account is being upgraded and requesting his personal details to verify his identity. Hussam, Maria and Suresh are all potential victims of phishing, smishing or vishing fraud attempts, a form of cybercrime that is growing globally led by rapid digitisation, rising affluence and as yet low customer awareness. Broadly referred to as social engineering based cyber-attacks, scams such as the above aim to manipulate human weaknesses to reveal confidential personal identity information. Typical details that are sought to be hacked are account or card details, email credentials, answers to common security questions such as date of birth or mother’s maiden name, one-time passwords sent by banks and other valuable personal information. Fraudsters use fake websites that resemble those of well-known organisations, spoof telephone numbers to impersonate somebody and attempt to install malware on computers and mobile phones to steal identity related information. In most cases, no bank systems are compromised. However, the cyber-attacker gains access to legitimate customer credentials which are used to tap into accounts and steal funds. Unfortunately there is a rising number of such attacks in the UAE. A growing menace Phishing and social engineering are part of a wider range of cyber-crimes that are together expected to put at risk, over the next five years, about $5 trillion (Dh18.3 trillion) of value globally — second to only drug trafficking — as per a study conducted by Accenture and Ponemon Institute. Technology, healthcare, automotive and banking are the sectors that are most impacted. While malware continues to be the leading cause, people-based social engineering attacks are increasing the fastest with an estimated 150 million phishing mails being sent daily. Ransomware such as WannaCry and NotPetya are often spread through phishing emails that contain malicious attachments and the affected user has to pay a ransom, typically in crypto-currencies, to deactivate the virus. Infiltrating systems to obtain illegal access to customer data, automated botnets that enable a hacker to take control of a computer and malicious or fake mobile apps are other forms of cyber-attacks commonly used. Availability of hacking toolkits for as little as a few hundred dollars on the “dark web” is making the spread of cybercrime difficult to control. Collaborating to combat Organisations, industry associations, regulators, law enforcement agencies, academia and the government have been coming together to jointly combat cybercrime. The Centre for Cybersecurity was established by the World Economic Forum in 2018 comprising banks, insurers and technology companies along with public partners to enhance cyber-security. The Canadian Banks Association collaborates with police and security services to raise public awareness about internet safety. The Financial Sector Cyber Collaboration Centre was set up last year in the UK by a number of banks, insurers and security exchanges working closely with the national cyber security crime centre and the central bank to prevent cyber frauds. In the UAE, Emirates NBD recently joined hands with Dubai Police to launch the #secureyouraccount campaign aimed at raising public awareness and education on cyber security, centred on a video designed to engage customers in a fun manner. The bank is also collaborating with peers, telecom companies and other industry stakeholders in implementing various initiatives to thwart cyber-fraud. Improved identity and access management protocols, bio-metric technologies, fraud analytics to identify unusual account behaviour and two factor authentication requirements are initiatives that banks are putting in place to enhance cyber-security. Self-help is the best help While this is so, every individual needs to strengthen their awareness about this growing threat and take a number of simple, but effective, steps to minimise chances of fraud. Ensuring use of strong passwords and changing them regularly, keeping personal and private information away from social media, never sharing bank account or card details with a third-party, keeping computer and mobile phone software always updated and not using public Wi-Fi to share confidential data are some of the precautions that can help protect oneself. We need to remain vigilant and alert against social engineering attacks: checking carefully to ensure that website addresses are correct, not being tricked by spoof phone calls and staying clear of lottery offers or similar scams that seem too good to be true. Rapid growth of digitisation continues to scale up possibilities of cybercrime. There are an estimated four billion internet users today that is expected to double in the next 10 years, and over 1.5 billion websites currently. Cloud computing is expected to eradicate most physical data centres in the near future with most data stored and accessed remotely. The internet of Things (IoT) universe is estimated to reach a staggering 200 billion devices and the number of passwords in use is expected to reach 300 billion globally in the next few years. With rising smartphone penetration, over 60 per cent of online fraud is accomplished through mobile platforms. Technologies such as AI and machine learning are also being put to use by fraudsters, all of which increase cybercrime related risks. Cybercrime exploits the weakest links in the chain and a joint effort by businesses, government, law enforcement bodies as well as the general public is needed to build a strong defence against this multi-headed hydra. Suvo Sarkar is Senior Executive Vice-President and Group Head — Retail Banking & Wealth Management at Emirates NBD. More From Analysis Watch out for those delivery guys The US stock market is not changing course African carriers can get over 737 Max 8 crisis A currency shift with no discernible gain What are the criteria to get Dubai’s 'golden visas'? Du launches new internet calling app in UAE IKEA closing US furniture factory, cutting 300 jobs Applications open for 5-year residency visas Revealed: Top 10 airports of the world for 2019 Rizwan Sajan: Street vendor to Danube billionaire	cc/2019-30/en_middle_0064.json.gz/line1253
__label__cc	0.701414	0.298586	11:32 pm - Tuesday, July 16 2019 Home / News / Bedford youth charged with assault causing bodily harm Bedford youth charged with assault causing bodily harm Haligonia Editors April 5, 2018 News Halifax Regional Police have charged a Bedford youth after an altercation at C.P. Allen High School earlier today. At 1 p.m., police responded to C.P. Allen High School, 200 Innovation Drive in Bedford for a report of a student who had been assaulted by a fellow student who was known to him. Officers attended the scene and located a 17-year-old male with an injury to his head. He was transported to hospital with non-life-threatening injuries. A 17-year-old male has been charged with assault causing bodily harm. He is scheduled to appear in court at a later date. Source: Media Release Haligonia Editors About Haligonia Editors Police request the public’s assistance identifying suspect in theft of money from donation box Police request the public’s assistance identifying suspect in property damage incident ** HRP Media Release Police request the public’s assistance identifying suspect in property damage incident... Police are asking for the public’s assistance in identifying a suspect in relation to an assault ** HRP Media Release Police are asking for the public’s assistance in identifying a suspect... Lady Clarissa for Bunkers Elf Studio Line 75% off The Amazing Race: You’ve Goth To Be Kidding Me	cc/2019-30/en_middle_0064.json.gz/line1256
__label__cc	0.600991	0.399009	Frantique (BBR) 21. June 2016 · Write a comment · Categories: Album Reviews DISCO is big at Hifi Pig Towers and many a Saturday night is spent strutting our stuff around the listening room…there’s even talk of us getting a mirror-ball. So what better than this album by all girl three piece that had a huge hits in ’79 with Strut Your Funky Stuff (you’ll know it of course!) and their follow up “Getting Serious”. The original album only had four tracks on it, though they’re all (bar one) over seven minute extended disco mixes. This re-release on Big Break Records has the original four tracks plus another four bonus tracks, including the fabulous Steady With Teddy. By the time this record came out the anti-disco backlash was at its height and on July 12th of ’79 there was the infamous Disco Demolition Night at the White Sox baseball ground in Chicago where disco records were exploded and a riot ensued. However, disco continues to show its influence, take a listen to Jimmy Somerville’s Club Homage for example, not to mention house and garage music. So, Frantique is unashamedly disco and it’s a great record that has all the required elements of this really wonderful genre; four to the floor beat, finger snaps, funky basslines and all the rest. If you enjoy disco this is a great record. It’s had a good few plays here over the last few weeks and Strut Your Funky Stuff is one of the classics! The front cover of this album really says it all!	cc/2019-30/en_middle_0064.json.gz/line1263
__label__wiki	0.757674	0.757674	Tag Archives: Patricio Pron Book review: Patricio Pron’s “My Fathers’ Ghost is Climbing in the Rain” My Fathers’ Ghost Is Climbing in the Rain (Knopf) by Partricio Pron has a premise as intriguing as its title. The first part begins somewhat mysteriously, with the narrator, returning to his native Argentina from Germany, remembering scraps of his and his family’s past — drug abuse, a car accident, his father’s illness. (“My father was lying beneath a tangle of cord like a fly in a spiderweb.”) The sections are not numbered in correct order (1, 2, 4, 5, 6, 7, 9, 10). The second part deals with the disappearance with a father’s friend, Alberto José Burdisso, in 2008. The son finds a collection of articles and pictures saved by his father, who only knew the man briefly in primary school. This leads to several questions, such as: “Who would want to kill some sort of Faulknerian fool, poorer than a church mouse, in a town where his disappearance would be noticed immediately, a town, where, moreover, many people would know who Burdisso was, what he had done and who was with him in his final hours?” And why does his father, a journalist, take such an interest in this poor man’s death? Pron builds up an compelling storyline — and the answers lies in Argentina’s haunted past and the father’s role in politics, even though the man’s death occurred decades after the Dirty War. “I noticed it had started to rain again, and I told myself I would write that story because what my parents and their comrades had done didn’t deserve to be forgotten, and because I was the product of what they had done, and because what they’d done was worthy of being told because their ghost — not the right or wrong decisions my parents and their comrades had made their spirit itself — was going to keep climbing in the rain until it took the heavens by storm.” Pron is a great writer. The 212-page book, which was translated by Mara Faye Lethem, is simply written with evocative language and a plot that kept me reading. My Father’s Ghost shows the effects of the Dirty War though generations and years. More about Patricio Pron: Pron, an Argentine native who lives in Madrid, has written three short story collections and four novels. He has won the Juan Rulfo Short Story Prize and the Jaén Novel Prize. Source: I received a review copy from the publisher. Tagged as Maya Faye Lethem, Patricio Pron September 1, 2013 · 12:00 pm In the News: Fall brings new releases from Piñeiro, Suarez and Brown September is here. Here’s a look at the latest books and news in Latino lit: • Already out: In A Crack in the Wall by Claudia Piñeiro, a young woman asks about the whereabouts for a missing person. Piñeiro talked to Publishers Weekly, who called her “Argentina’s top crime writer.” • A penguin starts school in the children’s book Tony Baloney School Rules by Pam Muñoz Ryan. • Sept. 3 – Latino Americans: The 500-Year Legacy That Shaped a Nation by Ray Suarez is the companion book to the PBS series that will air this month. • Sept. 15: In Monica Brown’s children’s book, Marisol Mcdonald and the Clash Bash/Marisol Mcdonald Y La Fiesta Sin Igual, the sequel to the award-winning Marisol McDonald Doesn’t Match / Marisol McDonald no combina, the 8-year-old Peruvian-Scottish-American title character throws a birthday party. • Sept 17: Musician Linda Ronstadt writes about her life in Simple Dreams: A Musical Memoir. She talked to The New York Times about the book and her recent diagnosis of Parkinson’s Disease, which has prevented her from singing. • Sept. 24: The family of baseball great Roberto Clemente remember him in Clemente: The True Legacy of an Undying Hero. • Sergio de la Pava won the PEN/Robert W. Bingham Prize for debut writers for his novel, A Naked Singularity. Publishers Weekly profiled the author who is a public defender, like the character in his book, and self-published the book. Book Festivals: • Sept. 21-22: The National Book Festival in Washington, D.C. will include Marie Arana, Monica Brown, Alfredo Corchado, Cristina García (right), Gilbert Hernandez, Jaime Hernandez and Linda Ronstadt. • Sept. 22: The Brooklyn Book Festival will feature Cristina García, Manuel Gonzales, Tim Z. Hernandez, Patricio Pron, Linda Rodriguez, Justin Torres and Juan Gabriel Vásquez. Writer’s workshops: • Oct. 5: Reyna Grande (left) will be the keynote speaker at the Comadres and Compadres Writers Conference in Brooklyn, N.Y. The event will include panelists , such as Raquel Cepeda and Carlos Andrés Gómez, and one-on-one sessions with agents and editors. • The Texas Observer had a great article about three Latina poet laureates – Gwendolyn Zepeda of Houston, Olga Valle-Herr of McAllen and Carmen Tafolla (right) of San Antonio. The state of Arizona named Alberto Álvaro Ríos as its first Poet Laureate. NBC Latino profiled Ríos. • Junot Díaz (left) revealed his writing process to The Daily Beast. He also was profiled in Playboy, an article that received this response from The Atlantic Wire, which compared him to Hugh Hefner but “with less hair and more imagination.” This Is How You Lose Her will come out in paperback Sept. 3, with a deluxe edition featuring illustrations by Jaime Hernandez Oct. 31. • Juan Gabriel Vásquez (right), author of The Sound of Things Falling, picked his favorite Latino literature picks for The Daily Beast. He also talked to NPR about his book. The Atlantic Wire featured him in an article about contemporary Latin American literature. • Mario Alberto Zambrano (left) talked about the inspiration of his book Lotería to Kirkus Reviews. Zambrano also appeared on “The Diane Rehm Show” on NPR. • Fans of Jorge Luis Borges can listen to him discuss his books thanks to some audio recordings he left behind, reports Héctor Tobar of The Los Angeles Times. • PBS profiled Rueben Martinez, who turned his San Diego barbershop into a bookstore. • NBC Latino talked to David Tomas Martinez about his transformation from gang member to poet. Filed under 2013 Books, Children's Books, Events, Fiction, News, Non-Fiction Tagged as Alberto Alvaro Rios, Alfredo Corchado, Carlos Andres Gomez, Carmen Tafolla, Claudia Pineiro, Cristina Garcia, David Tomas Martinez, Gilbert Hernandez, Gwendolyn Zepeda, Hector Tobar, Jaime Hernandez, Jorge Luis Borges, Junot Diaz, Justin Torres, Linda Rodriguez, Linda Ronstadt, Manuel Gonzales, Marie Arana, Mario Alberto Zambrano, Monica Brown, Olga Valle-Herr, Pam Munoz Ryan, Patricio Pron, Raquel Cepeda, Ray Suarez, Reyna Grande, Roberto Clemente, Rueben Martinez, Sergio De La Pava, Tim Z. Hernandez	cc/2019-30/en_middle_0064.json.gz/line1266
__label__wiki	0.551222	0.551222	Is it possible that United States will officially apologize in future for atomic bombings of Hiroshima and Nagasaki? Thread starter Azad67 MG1962a Ashoka maurya said: you are the most patriotic united statesian ever. Well lets remember the British were the first to deploy Agent Orange during the Malay crisis. So the US were not the first, nor the last to ever use the compound. BuckBradley You know "he who envies is the lesser man." aggienation Azad67 said: I agree , Japanese people were test subjects and America wanted to see the impact and effects of nukes on cities. Besides that, the intention was to terrorize Japanese nation. Thats why its a greatest incident of terrorism and war crime in human history, in my opinion. When you write opinions like this: "Thats why its a greatest incident of terrorism and war crime in human history, in my opinion" you are never again allowed to cry about whataboutism. You opened the door for comparison, you are not allowed to restrict other candidates simply because they contradict your opinion. That aside, yeah, everyone got the part where you think the atomic bombs were the great act of terrorism in history. Even though they weren't an act of terrorism, based on any legit legal definition of the word. But since you aren't aware of most of the discussion, I doubt you were aware that international bodies had actually codified that term too, which is just one of many subjects in this thread you're ignorant about yet so very opinionated over. The dropping of the atomic bombs wasn't an act of terrorism, it was an act of war. Done in a declared war against a nation state adversary, 3.5 years into that war, which had already cost the lives of 111,000 dead servicemen, 253,000 wounded, 21,000 missing in action. Now while you obviously don't give a crap about them, the American public did. And we weren't about to risk the lives of tens of thousands more in invading Japan in order to get them to surrender, when we had the means to do it without any friendly casualties. As for the Japanese people, it sucks being pawns, but their govt had already made the decision to fight to the near death to resist the invasions, and were ready to sacrifice them all. We called them on that bluff, we dropped two bombs that only killed a small fraction of those that would have died in the invasion, and by doing so we broke the will of those of the Japanese power elite who controlled the country, and got them to cheaply surrender unconditionally. An act of terrorism you call it. The reality was it was an act of mercy. But you hate the US and your goal here is to try to make the US out to be a hypocrite, especially considering other well known modern terrorists. So while your motive to rewrite history is understood, you're just not good at it. Likes: andyferdinard and BuckBradley HardtackJuniper those were probably mosquito spray. Who's trolling now? And where's our 'Reporting' specialist this time? Likes: BuckBradley HardtackJuniper said: The funny thing is we did drop mosquito repellent in numerous wars over large areas our troops were operating in, and those are also banned now too, and if that poster actually knew that, probably would also try to claim its biological warfare (lol). Azad67 aggienation said: I did not. The topic is about possibility of America officially apologizing about using nukes on Japan. It does not concern with other acts of terrorism and war crimes. America is dictating the definition of terrorism after 9/11, but it simply means an act of terror by an individual or a state. American committed state terrorism. So an American says Japanese people were pawns of their rulers and Americans liberated them and did them a great favor by instilling fear in their hearts and irradiating two of their cities. One can also say American people were/are pawns and fuel of their governments. And Al-Qaida were also thinking along your lines when they crashed planes into world trade center i.e shortcut to end American interventionism in the Muslim world at the cheaper cost of "few thousands" deaths. Whats the use of reporting posts? i found moderator himself engaged in trolling. https://historum.com/threads/minimum-character-requirement-for-posts.178961/page-3 Mastersonmcvoidson Besides that, the intention was to terrorize Japanese nation. Thats why its a greatest incident of terrorism and war crime in human history, in my opinion. The intention was psychological shock, which can be viewed as '' terrorising''. However you claiming it's the greatest incident of terrorism ever I have to ask: By what consensus? Which people put forward the idea that it was the greatest and based on what? It isn't a war crime, there weren't any laws or provisions outlawing it. If you claim something is the ''worst'' and someone draws a parallel among the lines of ''I disagree, I think X was worse and deserves to be considered the worst, here's why....'' then it isn't whataboutism, it's a perfectly rational and in many cases expected response. If you ever read a vs thread or a ''most overrated/underrated X in history'' thread you shouldn't be surprised. That's why the best/worst claims and rankings are made, to be disputed. If you refuse to accept dispute or discussion and just brush it off as whataboutsim you won't learn much or expand your opinion, the very point of a debate in my opinion. Likes: Azad67 No, this thread, which you created, is now officially about whether or not the dropping of the atomic bombs on Japan constitutes the worst terrorist attack in all of history, which are your own words. Which is a judgement based on comparison of all terrorist attacks, which means others have to be brought up. You opened that door, even if you did so inadvertently (which is obviously the case). So when you write "No whataboutism" then the natural reply now is simply, "NO" The problem with all of this is you state your ignorant opinion, as its clear you have no clue what any codified definitions of terrorism are, and then you try to play it as fact. Then you conclude with your opinion, and try to shut down any replies because it doesn't agree with your opinion, which is biased because you're anti-American with a blatant agenda. Luckily, you're bad at this or you might actually convince someone you're right. Thus far, you've gotten nothing but push back from everyone besides the one individual that already agreed with you in the first place, who also proved in the past to have a bias against Americans, and in this thread has proven that they don't even know what biological warfare means, after believing a chemical defoliant might be a type of one (LOL). And now we get to the guts of this. This entire discussion comes down to you feeling the need to defend Al Qaeda. Why didn't you just create a thread to do that? Instead you created this one, a warped roundabout way trying to place America as more dangerous and evil as Al Qaeda, which again, is just your ignorant opinion. Imagine how awesome this thread was if you could drop the sectarian bias? But alas, that wont ever happen. Mastersonmcvoidson said: The intention was psychological shock, which can be viewed as '' terrorising''. If that is the definition of terrorism, than all aspects of warfare that negatively affect the human psych are terrorism. Which means all of them, since warfare is more psychological than physical. Which then waters down the definition of terrorism to the point it doesn't even mean anything. Likes: Mastersonmcvoidson Possible Viking Scenario re Ireland/Britain. Speculative History Thursday at 1:00 PM What rendered modern women's rights possible? General History Jun 26, 2019 When did mass literacy (or universal literacy) become possible? General History Jun 23, 2019 A possible non-Biblical source for Solomon? Ancient History Jun 13, 2019 Possible Viking Scenario re Ireland/Britain. Started by Gisco What rendered modern women's rights possible? Started by VHS When did mass literacy (or universal literacy) become possible? A possible non-Biblical source for Solomon? Started by Maki	cc/2019-30/en_middle_0064.json.gz/line1268
__label__wiki	0.588786	0.588786	Techi Journal Twitter already allows to include images and videos in the retweets Kathryn Roquette Renew or die … or how to keep users happy so they can stay with you. This is what is repeated insistently Twitter this 2019. If just two weeks ago changed its interface (and gave us the option to choose the previous one if we did not like), now brings changes in the retweets to make them more interactive and more attractive. In this social network, we can now share attachments to retweets. Twitter allows us to include GIF, images, and videos when we make a retweet. He has announced it through the account of his Product Design team. The new design is specially oriented to the structure of the retweets. The company explains that with these changes the hierarchy is modified to ” prioritize the voice of the author and provide more context”. So now Twitter shows the attachments present in the original publication that is retweeted, which includes images, GIFs or videos. All this appears in a smaller box inside the retweet. The redesign of the tweets i also includes an avatar that is displayed inside the box and that has the profile picture of the author of the original tweet. The technology company based in San Francisco announces another update soon. The only thing advanced by the Twitter design team is that it “will make retweets with more interactive and simpler-to-read attachments.” This social network tripled its profits during the first quarter of the year to 191 million dollars, representing an increase of 213.11% year-on-year, thanks to the increase in advertising revenues and the sale of software, according to the company. Related Topics:AppsInternetMobilesTechTwitter Kathryn Roquette is a software developer with hands-on experience in analysis, designing, development, and delivery of Android apps. His key skills include knowledge of Core Java, JSON & XML Parsing. She’s also a foodie. So, either you’ll find him at his desk busy in building interesting mobile apps or at a restaurant relishing some new cuisine. Twitter to Re-Continue Apple Desktop Apps Soon In a saturated mobile market, Google yields and lowers the price of the Pixel Experimental device manages to generate electricity using the cold of the universe Scientists create smallest pixels applicable in large-scale flexible displays Amazon Alexa Transcriptions Stay On, Even After Deleting Voice Recordings Apple Store Opens Retail Space in DC’s Carnegie Library Health4 weeks ago Home remedies for the Inflamed Prostate or Prostatitis Shyp: Leading merchandise brand launches after a long break Russian Electrical Power Grid Faced Several Cyber Attacks from US Cyber Command Movies5 months ago Free Movies and TV Shows on Project Free TV 9 Sites to Watch Tamil Movies Online in High Quality for Free LIFE AND STYLES5 months ago 4 good Putlocker alternatives to stream movies online © 2019 - Techi Journal. All Rights Reserved.	cc/2019-30/en_middle_0064.json.gz/line1277
__label__wiki	0.604633	0.604633	Tag: equal-eyes-pt-pt News of the World: The LGBT Community Is Growing in the U.S. While Ghana Considers Criminalizing Us In this month’s look at news from around the world, we discover that while LGBT community growth in America is higher than ever, Ghana could criminalize us News of the World: Manchester Police Take LGBT Domestic Violence Seriously and a PrEP Update In our latest look at world news, we tip our hats to the Manchester police for being the first in the UK to take LGBTQ domestic violence cases seriously News of the World: A Look at PrEP Around the World and the U.K. Keeps Dropping the Ball on LGBT Issues In our look at stories all over the globe, we explore PrEP around the world, as well as looking at how the UK has let down queer people recently News of the World: Political Wins in Colombia, While Israel Turns Queer Refugees Away to Uganda In our monthly look at world news, we look at a huge number of Colombia LGBTQ candidates for Senate, Israel’s shameful treatment of LGBTQ refugees and more News of the World: The Philippines’ President Duterte Urges Against Condom Use Despite Rise in HIV Rates In this week’s look at news from around the world, we shake our heads at President Duterte’s condom-phobia, PrEP in South Korea and more News of the World: Gay Sex Workers Face Double Discrimination, an End to the Blood Ban? In our monthly look at news from around the world, we see how gay sex workers face double the discrimination, and a potential end to the blood donation ban News of the World: Bermuda Re-Bans Marriage Equality, LGBTQ Refugees Need Help In this month’s look at news from around the world, Bermuda’s rebanned marriage equality after granting it a few months ago and more News of the World: Many Want to Outlaw Homosexuality, China’s Gay Cure, LGBTQ Refugees Need Help In our monthly look at world news, we discover the disturbing statistic that almost 30% of people worldwide want to outlaw homosexuality News of the World: HIV on the Rise in Russia, International Anti-Gay Purges, Homophobia’s High Price In our monthly look at news around the world, we see that HIV in Russia is on the rise due to homophobia, anti-gay purges worldwide and more News of the World: England Invests in PrEP, Kyoto Wants to Be the Most LGBT-Friendly Olympic City Ever In our latest roundup of happenings from around the world, we’ve got news on PrEP in England, the 2020 Kyoto Olympics and Indonesia’s continued war on LGBT	cc/2019-30/en_middle_0064.json.gz/line1282
__label__cc	0.61672	0.38328	pardo, jean (802) american museum of natural history (782) suckley, henry eglinton montgomery, 1887-1917 (470) howell, william thompson (344) dewitt, erma, 1907-1999 (291) scott, john (255) beers, f. w. (frederick w.) (178) savage, sally (135) geist, j. fred (134) 1900? (308) people (9578) landscape & nature (6694) postcards (6158) houses (6100) community & events (5028) business & industry (4804) transportation (4796) image still image (2737) image text (167) text still image (75) still image text (32) physical object (23) text image (8) Lunch with Royalty and the President Presidents; Group portraits; From left to right: The Duchess of Kent, President Roosevelt, Lady Clifford, Duke of Kent Prince George, Vincent Astor, Lord Clifford Governor of the Bahamas. Christening a Seaplane Naval aviation; Socialites; Vincent Astor looking on as his wife Helen christens a seaplane for the Second Battalion of the New York Naval Militia. President Roosevelt in Wheelchair Aboard the Nourmahal Presidents; Wheelchairs; Yachts; FDR aboard Astor's Nourmahal in the spring of 1935. This is one of only a few surviving pictures of President Roosevelt in a wheelchair. Freda, Vincent Astor's Pet Orangutan Orangutans; Pets; Socialites; Freda, Vincent Astor's pet orangutan, is shown in Rhinebeck tied to a tree behind Astor Courts. Vincent Astor Returns in Triumph Naval warfare; Submarines; War; Lieutenant Vincent Astor returns to New York aboard the captured German Submarine U-117 after World War I. Hegeman, ca. 1930 College buildings--New York (State); Annandale-on-Hudson (N.Y.) A view of Hegeman from the Hoffman Library. Stone Row and Aspinwall Dormitories are visible in the distance. Two cars are parked on the path in front of Stone Row. Stone Row Dormitories, 1885-1891 A view of Stone Row (Potter and McVickar Halls) from the west, before the construction of North and South Hoffman Halls. Seven students in cap and gown stand in the doorway and in front of the building. Aspinwall is visible to the right. Aspinwall Dormitory, ca. 1920 A view of Aspinwall from the west, including path. Vines are beginning to form on the building's side. Memorial Gymnasium, ca. 1930 A view of the Memorial Gymnasium from the northwest. Hoffman Memorial Library, ca. 1930 Five men in academic gowns sit on lawn benches by the Hoffman Memorial Library. Two books are piled on each bench arm in the foreground; one of the men holds a paper or pamphlet. They appear to be in the midst of an informal class or seminar. Warden's Hall Dormitory, ca. 1920 A view of Warden's Hall (Hopson, Fairbairn, and Seymour) from the west. The grounds appear to be newly landscaped, and the path newly lain. Ludlow-Willinck Hall, ca. 1930 A view of Ludlow from the north. Hoffman Memorial Library and Kellogg Library, ca. 1980 A view of Hoffman Memorial Library and its addition, Kellogg Library, from the east. Warden's Hall, ca. 1940 A view of Warden's Hall from the west. Three cars are parked in the foreground. Hoffman Memorial Library interior, ca. 1950 The main reading room of Hoffman Library before the addition of the third level. Ravine Houses, ca. 1980 Two female students stand on the suspended walkway to the entrance of one of the Ravine Houses. It is winter, the trees are bare, and there is snow on the ground. Stevenson Library design development presentation drawing, 1990 The plan for the west facade of the Stevenson Library addition, dated 10/12/90. Aspinwall and Stone Row, as seen from Ludlow, ca. 1990 A view of Aspinwall and Stone Row from a window on the top level of Ludlow. Students and faculty walk below. Hoffman Memorial Library expansion, 1963 The expansion of the Hoffman Library in 1963. Two builders stand among piles of lumber, metal scaffolding, and ladders. The book shelves are covered in plastic under a newly constructed ceiling. Albee : excavation, 1924 The excavation of the future site of Albee. A horse-drawn cart stands in the foreground, surrounded by men digging and surveying the site.	cc/2019-30/en_middle_0064.json.gz/line1288
__label__wiki	0.674971	0.674971	10 Things to Do in Amsterdam with Kids Best Family-Friendly Places in Amsterdam Amsterdam may not be your first thought when you’re listing family-friendly cities, but the range of attractions available offer something for many different ages and interests. Despite being a bustling urban centre, Amsterdam is scattered with parks and waterways all waiting to be explored. Enjoy a day at the city’s flower-filled parks, where you can enjoy picnics, games, and even free concerts during the summer. Child-friendly museums are where budding minds will be inspired, thanks to creative programmes and workshops that take place all year round. Amsterdam is also home to a scattering of cool, quirky, and interactive city centre exhibition spaces which the family will relish. Plan a memorable holiday by checking out our guide of things to do in Amsterdam with kids. Watch 3D movies about space at the Planetarium Artis Zoo has been a go-to spot for Amsterdam’s families since 1838. You can see over 900 species of animals, including elephants, zebras, and giraffes. There’s also a large aquarium that houses animals living in the waters of Amsterdam's canals, and a planetarium showing movies about the solar system and coral reefs. Zookeeper talks take place throughout the day, with topics covering penguins, elephants, and lemurs, just to name a few. Location: Plantage-Kerklaan 38-40, 1018 CZ Amsterdam, Netherlands Open: Daily from 9am to 5pm photo by Nigel Swales (CC BY-SA 2.0) modified Catch dance and music concerts in summer Vondelpark is Amsterdam’s equivalent to New York’s Central Park, spanning nearly 50 hectares of green space filled with flowery lawns, ponds, playgrounds, and pathways. Families get to frolic about at the park’s 6 play areas, rent skateboards or bicycles, and enjoy picnics with views of a large pond. Vondelpark is particularly special in summer, when a never-ending festival vibe takes over at the Openluchttheater, an open-air theatre in the middle of the park. De Gooyer Windmill Take photos of the 18th-century windmill De Gooyer Windmill is a grand, octagonal windmill dating from 1725. Standing at over 26 metres, it’s one of the tallest windmills in the Netherlands. While there isn’t much to do other than taking photos, the little ones may enjoy the sight of this grand structure and the surrounding greenery. Parents get to relax with a beer or two at the next-door Brouwerij ‘t IJ microbrewery. Grab a spot on the terrace for the best view of De Gooyer Windmill. Location: Funenkade 5, 1018 AL Amsterdam, Netherlands Learn how to build a dam at this interactive centre The NEMO Science Museum will keep you and the children entertained for hours as they learn about extra-terrestrial life, how to make clean water and how to build a dam. This kid-friendly science centre has plenty of fun, hands-on exhibits for visitors of all ages, including an interactive laboratory. Located on the rooftop of NEMO Science Museum, the Energetica exhibit features chairs fitted with solar panels, unique sculptures that move with the wind, and an enormous sundial. Location: Oosterdok 2, 1011 VX Amsterdam, Netherlands Open: Mid-February–early September: Daily from 10am to 5.30pm. Mid-September–mid-February: Tuesday–Sunday from 10am to 5.30pm (closed on Mondays) photo by Fred Romero (CC BY 2.0) modified Become a painting at the I Am Art exhibition Madame Tussauds Amsterdam is an interactive wax museum in Dam Square, nearby the Royal Palace of Amsterdam. There are galleries dedicated to art, music, and sports, all of which are home to life-like figures of prominent icons. The Royal exhibition features wax models of Dutch royalty such as Princess Máxima and Princess Beatrix. Art lovers may enjoy the interactive I Am Art exhibition, as they get to become part of paintings by renowned artists such as Salvador Dali and Rembrandt van Rijn. Location: Dam 20, 1012 NP Amsterdam, Netherlands Open: Daily from 10am to 9.30pm (hours vary by season) photo by Sam Leech (CC BY-SA 2.0) modified Explore the replica of an 18th-century cargo ship The National Maritime Museum, also called the Het Scheepvaartmuseum, is where kids can pretend to be pirates on the impeccable replica of a traditional tall-ship. Located 1.4 km southeast of Amsterdam Centraal Station, it occupies a harbourside naval warehouse dating back to 1656. The museum’s standout feature is the replica of the Amsterdam, a cargo ship of the Dutch East India Company. You get to crawl through the holds and even fire cannons, as well as enjoy a virtual reality experience of Amsterdam’s maritime history. Location: Kattenburgerplein 1, 1018 KK Amsterdam, Netherlands Theater De Krakeling Watch a variety of live performances at this kid-friendly theatre Theater de Krakeling is a historical youth theatre in Amsterdam which dates back to 1978. It predominantly showcases comedy, magic, dance, and music in Dutch and Flemish, with selected shows performed in English and others without any spoken language at all. Prices vary by performance, but typically start from €6 for children and up to €17 for adults. Location: Nieuwe Passeerdersstraat 1, 1016 XP Amsterdam, Netherlands Open: Most shows start at 10am Rembrandtpark Play with animals at the De Uylenburg petting zoo Rembrandtpark is a city park with idyllic ponds, paved pathways, playgrounds, and children’s centres. It’s located in Amsterdam West, about 1.7 km northwest of Vondelpark. You can visit horses, peacocks, and chickens at De Uylenburg, a petting zoo named after Remembrant’s wife. The park also has a children's amusement centre, where they can learn how to build cabins, ride horses, and make jewellery. Location: Orteliuskade 57, 1057 Al Amsterdam, Netherlands photo by Ceescamel (CC BY-SA 4.0) modified Amsterdam Marionette Theatre See how marionettes are made at the workshops The Amsterdam Marionette Theatre, founded in 1985, is an intimate venue that showcases traditional puppet shows for visitors aged 6 and above. Resident puppeteers use hand-carved marionettes in vibrant silk and velvet costumes, presenting musicals and sketches to classical music by Mozart and Offenbach. Join a backstage tour to learn about the history of the theatre and see how the puppets are created at the onsite workshops. The Amsterdam Marionette Theatre is 700 metres northeast of De Wallen, Amsterdam’s Red Light District. Location: Nieuwe Jonkerstraat 8, 1011 CM Amsterdam, Netherlands Open: Shows start at 3pm and 8pm Tropenmuseum Junior Learn about Morocco through dance, food, and craft-making Tropenmuseum Junior, founded in 1975, is the sub-museum of an ethnology museum of the same name. It features interactive spaces and workshops for children to learn about cultures from all over the world. A popular attraction in Tropenmuseum Junior lets you learn about Moroccan culture and history through dance, calligraphy, and fashion. Older visitors may enjoy Tropenmuseum’s permanent exhibits, which showcase cultures from Southeast Asia and New Guinea. Location: De WallenTropenmuseum, Linnaeusstraat 2, 1092 CK, Amsterdam, Netherlands Open: Tuesday–Sunday from 10am to 5pm (closed on Mondays) Penny Wong \| Compulsive Traveller City, landmark, property name, address or post code I don’t know my dates Rooms 1 room, 1 adult1 room, 2 adultsMore options… 7 Things to Do in Amsterdam in Spring , 20 Feb, 2019 11 Things You Need to Know About Amsterdam Penny Wong, 20 Feb, 2019 10 Free Things to Do in Amsterdam 10 Instagrammable Places in Amsterdam 7 Things to Do in Amsterdam in Summer 10 Journeys in Amsterdam Rijksmuseum in Amsterdam Australia - New Zealand and the South Pacific	cc/2019-30/en_middle_0064.json.gz/line1290
__label__cc	0.610636	0.389364	Titles Tagged “drama” Avengers: Endgame (1999) by Marvel If Avengers: Endgame was made 20 years earlier. tags (add tags): 20 years earlier, action, comedy, drama, fantasy, Marvel, sci-fi, Superhero posted: 05/09/2019 by darthjoker01 comments \| results \| vote Captain Marvel (2009) by Anna Boden, Ryan Fleck and Geneva Robertson-Dworet Captain Marvel made 10 years earlier. tags (add tags): 10 years earlier, comedy, drama, Marvel, Superhero posted: 05/06/2019 by batboy1999 comments \| results \| vote Avengers: Endgame (2009) by Anthony Russo, Joe Russo, Kevin Feige,Christopher Markus, and Stephen McFeely Avengers: Endgame made 10 years earlier. Mi Familia by Skeeter Hurd A Hispanic American young woman's life has going on a downward spiral when she suffers from abuse at the hands of her brother and dealing with her father's passing. (NOTE: It's a spin-off of No Parental Supervision Required.) CHARACTER LIST: Ariel - She is a Hispanic American young woman. Maria - She is Ariel's mother. Pedro - He is Ariel's deceased father. Nina - She is Ariel's stepmother. Rosa - She is Ariel's younger paternal half sister. Isabella - She is Ariel's younger paternal half sister. Marco - He is Ariel's abusive older brother. Daisy - She is Ariel's best … tags (add tags): coming of age, drama, Idea-for-TV, sex, Spin-off posted: 05/03/2019 by Skippy6 comments \| results \| vote Hotel Transylvania by Todd Durham and Dan & Kevin Hageman What if the Hotel Transylvania films were live-action instead? tags (add tags): action, adventure, comedy, drama, fantasy, horror, mystery, reboot, remake, suspense, thriller posted: 05/01/2019 by kbrian082 comments \| results \| vote Refashion Fear 101 by Dawson Joyce At a horror convention, aspired makeup artist Bianca Friedkin befriends the Universal Classic Monsters who unintentionally entered her world. In return for helping her find her inner voice, she offers to revamp their appearances to help them look scarier for today's public, though this backfires when they plot to kill those who've humiliated her, to her own horror. CHARACTERS: Bianca Friedkin Ilana Friedkin: Bianca's little sister Marcus Radcliffe: Bianca's best friend and love interest Walter Bishop: an alcoholic, crippled former sports anchorman and Bianca and Ilana's abusive guardian Stan and Liz Friedkin: Bianca and Ilana's parents who died before the … tags (add tags): action, adventure, comedy, coming-of-age, drama, fantasy, mystery, reboot, remake, suspense, teen, thriller R.I.P HOLLYWOOD by Tristan Hartup Toby Jennings absolutely despises the entertainment industry with every fibre of his being, he was a famous child actor who after several bad career decisions and tremendous industry pressure was eventually left burnt out in the gutter and became one of Hollywood's biggest laughing stocks. 20 years later, Toby has grown into a private investigator working in Los Angeles who often resorts to heavy drinking to suppress his demeaning past and his progressively abrasive personality and behaviour has caused significant errors in his personal life. Ultimately, Toby soon takes on a case that at first starts out as just a … tags (add tags): Black Comedy, comedy, crime, drama, mystery, neo-noir, Satire, thriller posted: 04/30/2019 by Rhyder_Hawkman27 comments \| results \| vote Batman: Mask of the Phastasm by Bob Kane, Alan Burnett Batman is wrongly implicated in a series of murders of mob bosses actually done by a new vigilante assassin. tags (add tags): action, adventure, based on dc comics, batman, crime, DC, drama, live-action, mystery, romance, sci-fi, thriller posted: 04/25/2019 by SonicmanZ3 comments \| results \| vote Guardians of the Galaxy (Fox) by Marvel Television and Dan Abnett & Andy Lanning Live-action Guardians series unrelated to the films. tags (add tags): action, adventure, comedy, drama, fantasy, Marvel, remake, Superhero, suspense, thriller The Outsiders (2003) by S.E. Hinton What if The Outsiders was released 20 years later? tags (add tags): 20 years later, action, adventure, drama, suspense, thriller	cc/2019-30/en_middle_0064.json.gz/line1292
__label__cc	0.718514	0.281486	Companies benefit from student researchers – read how Companies benefit from student researchers… We get a lot out of mentoring students, plus they help us hone our management skillset. It goes without saying that there is an enormous upside for students in joining the iMOVE Undergraduate Student Industry Program. Industry experience, mentorship, learning to put experimental ideas and products into a commercial production setting, and more. But what might not be immediately apparent are the benefits for companies joining the program. iMOVE, through a previously run Cooperative Research Centre, Automotive Australia 2020 CRC run by Excellerate Australia, has a decade-long involvement in education programs, that also deliver to the industry partners on a number of levels. What is the iMOVE Undergraduate Student Industry Program? It’s a partnership between universities, undergraduate students and companies. iMOVE introduces students to industry at an early time in their career and provides support via funding, mentoring, and events. The year-long research project is defined by the company and runs with regular industry mentor contact. iMOVE acts as a facilitator throughout the course of the project. Industry partners can range from start-ups, to SMEs, to corporations, and projects can be anywhere within iMOVE’s three core areas of focus – Intelligent Transport Systems, Freight and Logistics, and Personal and Public Mobility. What do past industry partners in the program have to say? Dennis Savic was a Western Australia-based engineer and entrepreneur, building a performance-level electric motorcycle. He took on two students to bring his ideas and designs to life. He said joining the program was easy. “I met Excellerate staff at a conference, heard about the program, and sent through a high-level scope document to iMOVE. The university recruited the students, and we were all set to go, all in the space of a couple of weeks.” Dennis was impressed by the calibre of his students in his team. “The students were passionate, and self-motivated. I was able to achieve more than I set out to, in less time,” he said. The opportunities didn’t stop there. Dennis tells us that one of his students is working with him on a new venture as a mechanical engineer, and indeed has equity in the venture. Not only that, but Dennis hopes to partner with iMOVE in its 2018 iteration of the program. At the other end of the spectrum from Dennis in terms of company size, was General Motors Holden (GMH). It took part in the Excellerate Undergraduate Student Industry Program from 2007, and stayed in the program for almost its entire run. Each year GMH took on multiple teams of students, across a range of projects, working across various sectors of the company. Artur Candido, GMH’s Specialist Project Design and Release Engineer, supervised student teams for three years in the Undergraduate Program. For him, the major benefit provided by the students was the injection of ideas. “Students come in with experience in new technology, and new ways of thinking. In industry we can sometimes lag behind, though we do have the advantage of experience in production and commercialisation. The new thinking and techniques of the students might not be commercial now, or production-ready, but over time it can and did happen.” “The students also come in with strong experience in experimental analysis”, said Artur. Joe Basile, the Regional Engineering Group Manager, General Motors International, added another perhaps less obvious benefit that students bring to business. “We get a lot out of mentoring students. On top of the technical aspects Artur mentioned, they also help us hone our management skillset.” Blue sky thinking for the new mobility industry The Undergraduate Student Industry Program at Excellerate ran for almost a decade. Over that span of time almost 400 students completed the program, and of that number 92% were employed within the auto or related industries after graduation. Imagine what that enthusiasm, new thinking, and passion can bring to your company in the mobility and transport industries. For more information visit our Education and Undergraduate Student Industry Program page. To make an enquiry about joining the program now, fill in the enquiry form below. We look forward to talking to you about the program, and helping you to help advance Australia’s capabilities and technologies in 21st-Century mobility. Add me to the iMOVE Monthly mailing list By Scott Fitzgerald December 14, 2017 Leave a comment	cc/2019-30/en_middle_0064.json.gz/line1293
__label__cc	0.681385	0.318615	Luke opened his eyes and looked at the alarm clock. It was 3:45 am. Luke was 10 years, one month, one week and 3 days of age. He rolled over worrying and wondering if his Dad made it home last night. But then he smiled as he smelled breakfast cooking. The door opened and the hallway light beamed into the bedroom. Through the crack Luke saw his Dad’s smiling face. “Rise and Shine, Hunters!” Pat proclaimed. “There’s a big buck somewhere out in those woods!” Luke scrambled out of bed, went to the bathroom and then into the kitchen where a steaming plate of pigs in a blanket and a glass of orange juice welcomed him. He was excited to go, but Dad said they had plenty of time to eat breakfast and get out to the stand before sunrise. As Luke put maple syrup on this pancakes and sausages, his rising excitement drove the remnants of sleep from his head. “Do you think we’ll get the big one today, Dad?” he asked earnestly as if in prayer. “One thing you will learn about hunting, Luke,” replied Pat, “is that those who bag the big buck usually have spent many cold days and hours in the tree stand without even seeing a deer. It’s fun to get the big trophy deer, but the best part of hunting is being a part of the woods. We’ll have a great experience, even if we never see a deer. You’ll see.” After breakfast, they geared up and Luke carefully handled his rifle for the first time in one month, one week and three days. As he was taught, he picked it up making sure the barrel was pointed in a safe direction and checked the safety three times even though it was not loaded. They stepped out into a crispy, frosty night. The full moon had a halo around it and the night was full of more stars than Luke had ever seen. He couldn’t remember ever being up this early in the morning. He decided right then, that in the future he would get up early for school so he could feel the cool embrace of nighttime under the stars again. Even though the rifle and his backpack were heavy, he was ready for the three mile walk to the stand. “Did you check the safety?” Dad asked. “I checked and double checked,” replied Luke. “That’s my boy,” said Pat, “Hunting is no fun unless we are completely safe every minute. Remember, you can be sorry, but you can never put the bullet back in the gun back once it has been fired.” They headed down the trail as quiet as Indians under the full moon. The shadows from the trees looked quite different at night. Varying hues of gray, blue and purple lined the path. The woods were perfectly quiet. There were no birds chirping. There was no wind. The insects had died off by this time of year. The only sounds were the sounds of their footsteps. Luke tried to walk quietly but as they the trail led into the forest, the sound of their feet on the frosty dry leaves on the ground sounded like a marching band in the still woods. As they walked Luke thought about all the animals in the woods. “Why was there no sound?” Luke thought, “Where are they hiding?” They must be sleeping he decided. Dad was a tall man with a long stride. Luke had to take about two steps for every one Dad took. He did it as quietly as he could. After about two miles, up and down the hills in the woods, Luke was getting tired. But no force on earth could make him complain. The excitement pushed him forward. On the other side of the wooded hill, unbeknownst to Luke, a herd of deer were eating in a cornfield in the moonlight. As they walked through the forest, one of the older does quickly raised her head. Her white tail rose halfway in an alert message to the rest of the herd, and her long ears swiveled back and forth zeroing in on the strange sounds in the woods. Her tail was signaling, “I heard something strange in the woods. You all eat, while I keep watch. If I suddenly raise my tail up so you can see all the white, we’ll bolt!” Pat wasn’t worried about the sounds they made on their progress. Deer were sensitive to any strange sounds or scents, but they have real short memories. They would eat and pause and eat again until Pat and Luke settled in the stand. They would then forget whatever put them on alert. When the sun rose, they would sneak back into the woods for acorns and cover. Pat held the flashlight, while Luke carefully climbed the ladder into the tree. As instructed, once he was seated in the stand he fastened his safety harness around the tree and then around his waist. He sat up in the tree on the cold frosty bench and looked down at his Dad. He found the rope and lowered it to the ground. Pat attached the rifle to the end of the rope after double checking to see that it was unloaded and the safety was on. Upon a pull on the rope, Luke carefully lifted it up, untied the rifle and put it in a secure place in the stand. This procedure was repeated for the backpacks and finally Pat’s Weatherby. Lastly, Pat climbed up to the stand, sat and secured his safety harness. He handed Luke three rounds of ammunition. Luke cocked the rifle and carefully loaded the rounds. How smoothly it clicked as he cocked the gun and cycled the round into the chamber. He double checked the safety again. When this was completed under Dad’s close supervision, Pat loaded his rifle and switch off the flashlight. It was dark as their eyes readjusted. Then all was still and perfectly quiet. It was 5:30 am. “Keep still and I’ll tap your shoulder when it is legal shooting time.” Pat whispered. They sat up in the tree on that still moonlit morning. The forest sure looks different from up here Luke mused to himself. This must be what it feels like to be a turkey on the roost at night. The old driver and the young boy learning to be a man, sat quietly up in the tree, staring into and scanning the forest. After about a half hour, the night sky began to gray on the eastern horizon. The stars began to slowly fade. The moon remained bright. The stand faced west, so that the sun wouldn’t light up their faces in the dawn. Somewhere out in the dark part of the forest, a hoot owl started hooting. The noisy raptor was soon joined by intermittent hoots all around them, as the owls signaled beginning of the new day. They were followed by the clucks and gobbles of turkeys. Birds started chirping away. The cacophony emerged from the previously still woods which sounded as if a conductor had signaled an orchestra to warm up. Their safety vests and caps were slowing changing from gray to orange. As the night grew lighter, Pat looked at his watch. It was 6:30. He tapped Luke on the shoulder and smiled, the moonlight accentuating the crowfeet around his eyes and the wrinkles on his face. “Son,” he whispered quietly with a big smile, “It’s now Opening Day!”	cc/2019-30/en_middle_0064.json.gz/line1296
__label__wiki	0.511189	0.511189	May 28 -- Tropical action close by Posted by jaymann on May 28, 2009 at 10:33pm Thursday, May 28, 2009: If it seemed the ocean was gaining in nastiness as the day went on, that was compliments of the first tropical activity of the year. A fairly well-defined system formed off North Carolina today and quickly decided to head out and away from the coast. However, the intensifying system threw some drizzle and general drippiness our way. Fortunately, the most worrisome winds were way out at sea. It was mainly the surf that showed the stir, reaching about 5 feet along the beach by late day. The nearshore stir is not a bad thing since it should be conducive to bassing as things settle quickly -- starting tomorrow with winds turning off shore by late tomorrow. West winds will extend through the weekend. Once again, the weather seems to be weekender friendly. That will ring especially true if the bunker pods reorganize outside Barnegat Inlet – hopefully further south than this past Monday when the action was from the bathing Beach northward. I have to think the pods will begin showing shortly off Little Egg. This is not to say there isn’t action outside that inlet right now. It’s just more of a trolling guessing game as opposed to sighting the nervous water of bunker driven to the surface by the big mammas down below. News story: [Deutsche Presse-Agentur (dpa)] - May 27, 2009 Washington (dpa) - Humans began catching fish, shellfish and other marine mammals from 30,000 to 300,000 years ago, ten times earlier than previously believed, according to marine scientists conducting a years-long census of marine life. In a report issued Sunday, the researchers said they were re- calibrating their measurements of sea life based on historical studies dating back to written and paleontological records over the past millenia. The report is to be presented in Vancouver, Canada, from Tuesday to Thursday by international scientists at the Oceans Past Conference at the University of British Columbia. The researchers drew upon old ship logs, literary texts, tax accounts, mounted trophies, ice records and other resources to provide insight into marine diversity and how it's changed. The ongoing global Census of Marine Life is the first attempt to take stock of the world's oceans and their species, and has taken researchers into ocean regions rarely studied or visited. The census is to be published by 2010 in an online encyclopaedia with a webpage for every species. Scientist expect that there will still be more than 1 million unknown species at that point. The historical study is expected to 'upend' ideas of natural marine life sizes, abundance, habitats and vulnerability, the Census team said in a press statement. Large freshwater fish started disappearing in medieval times as they steadily shrunk in size, sending fishers to sea, the researchers said. Net fishing began with the Romans, and was modernized with the use of pairs of boats dragging nets in the 1600s. 'Human fishing and impacts on near-shore and island marine life ... apparently began in many parts in the Middle Stone Age - 300,000 to 30,000 years ago - ten times earlier than previously believed,' the scientists wrote. Before systematic whale hunting began in the early 1800s, the waters around New Zealand sported an estimated 27,000 southern right whales, about 30 times today's numbers, the report said.	cc/2019-30/en_middle_0064.json.gz/line1308
__label__wiki	0.930533	0.930533	Ryan Thomas wins 'Celebrity Big Brother' 2018: Former 'Corrie' star thanks fans and talks 'punchgate' Laura Hannam Yahoo Celebrity UK 10 September 2018 Ryan Thomas has been crowned the winner of Celebrity Big Brother summer 2018. The former Coronation Street actor appeared visibly shaken and overwhelmed at he left the house to a crowd of cheers. A close to tears Thomas revealed to CBB host Emma Willis that he ‘had no words’ but then gushed: “I don’t know what to say! I’ve acted all day like I’m not bothered…but it’s got the better of us…now winning…I am completely overwhelmed…I can’t thank you all enough!” he said. He's been courageous and his laugh has been contagious… Make some noise for your #CBB WINNER, @ryanjamesthomas! 💪 🎉 #CBBFinal pic.twitter.com/tfisXtrvJH — Big Brother UK (@bbuk) September 10, 2018 He was then played the now infamous ‘punch’ allegation scene and the aftermath of Roxanne Pallett’s false claims against him. Breaking down in tears he said: “It was totally unexpected. It was a sign of affection that I’ve used on Gabby and the boys and unexpected because there was nothing malicious in it. “As it unravelled, became bigger and bigger, what scared me the most was when Ben told me that she couldn’t stay in the same room as me because she was scared,” he said. CBB winner 2018 Ryan Thomas is hugged by host Emma Willis. (PA Images) Thomas went on to say he feared a ‘call from the police’ and that ‘I”m glad that we had 24-hour surveillance because the truth was shown.’ Remarkably, he seemed open to eventually forgiving shamed Roxanne Pallett and said: “If she wants forgiveness and it makes her feel better I would rather give her that because I think she’s been punished more than enough.” Celebrity Big Brother final recap Who else left the house and when? Read our fall Celebrity Big Brother final recap below… 6th place: Gabby Allen As Gabby Allen left the house she said ‘she was nervous’ after hearing a round of boos but host Emma Willis reassured her that she came across as a ‘lovely girl’ while on the show. Willis addressed the affair rumours with fellow married contestant Dan Osborne. Allen admitted at first that they felt ‘very awkward’ but that now she considers him a ‘good friend.’ 📸 A snapshot of @gabbydawnallen's time in the Celebrity Big Brother House 😆✨ #CBB pic.twitter.com/uNnTovsACh Ben Jardine had asked Gabby Allen on a date night before via a video message. Allen addressed him in the audience and said “I think he has a few things to sort out first then he should come back to me!” She concluded her interview by predicting that Ryan Thomas would win the series: “I think we all think Ryan deserves to win!” she told Willis. 5th place: Sally Morgan Psychic Sally Morgan was met with a barrage of boos as she left the house. She’d predicted that she’d finish in third place: “Numbers aren’t my thing!” she joked. Willis confirmed that Morgan get one prediction right – that a woman would walk before the show began. When indeed American adult film star and President Trump’s rumoured former mistress Stormy Daniels did refuse to go into Celebrity Big Brother hours before the show launched. 📸 A snapshot of @SallyMorganTV's time in the Celebrity Big Brother House 😻🙌 #CBB pic.twitter.com/KljnHggh4M However, a clip of all of Morgan’s predictions while in the house were played, the majority of which she got completely wrong. This included her predicting that Hardeep Singh Kohli would be the first voted out, when he went on to survive a total of three nominations and Natalie Nunn was the first contestant to be evicted. Morgan was shown the Roxanne Pallett and Ryan Thomas ‘punching incident’ for which Morgan claimed she was ‘asleep’ during. When she was shown the clip she said ‘I didn’t see that’ despite Willis pointing out ‘You were right there.’ Morgan went on to explain that she hadn’t noticed it because it seemed so uneventful. ‘She should have never ever said that about him!’ she exclaimed regarding Pallett’s claims. 4the place: Nick Leeson Real life Rogue Trader and shamed former banker Nick Leeson finished in 4th place. Receiving a loud round of cheers as he exited the house Leeson said he was ‘amazed and astonished’ at the positive audience response because ‘I broke a bank!’ Agreeing with Willis that his time spent in the house was testament that it is possible to change one’s life around for the better, he also said that his experience in the CBB house was ‘worse than prison.’ 📸 A snapshot of @TheNickLeeson's time in the Celebrity Big Brother House 🐢👌 #CBB pic.twitter.com/XeBDEO1IzJ A teary eyed Leeson said the house had made him appreciate the good things in his life and that “I need to show more to my wife and family!” Leeson said Ryan Thomas was ‘already a winner,’ Kirstie Alley was ‘great’ but that Dan Osborne ‘had the most to gain’ from winning the series. 3rd place: Dan Osborne Former TOWIE (The Only Way is Essex) and rumoured one-time love interest of Gabbly Allen, Dan Osborne, finished in 3rd place. Looking over the moon as he left the house to cheers, he said he was just so happy ‘I didn’t get voted out first!’ And he was even more ecstatic to find out that he was the only CBB contestant this series to receive zero nominations. ‘I want to do it again now!’ he exclaimed. Osborne said the ‘lads’ in the house had wound him up about the rumoured affair with fellow contestant Gabby Allen. “I didn’t want people to believe the rubbish. She’s a great girl,” he told Willis. We've seen how he walks out of the club, and now we're seeing him walk out of the #CBB House in 3rd place! Congratulations @DannyO! 🕺 #CBBFinal pic.twitter.com/VX9WMEyaOk 2nd place: Kirstie Alley Cheers and Look Who’s Talking actress star Kirstie Alley took home the prestigious title of 2nd place. The official 2018 Celebrity Big Brother runner-up she left the house to a huge round of cheers. A tearful Alley was handed a cocktail by Willis because ‘she is Hollywood royalty.’ 📸 A snapshot of @kirstiealley's time in the Celebrity Big Brother House 🇺🇸👏 #CBB pic.twitter.com/K9aLo3HQ2g Wearing Sally Morgan’s dress she expressed her astonishment at making it to second place: “Do you think I’d have worn this beach dress if I’d known I’d get this far?! Sally had to give it to me!” she said. Alley said her favourite new British words were ‘Hey up!’ and ‘bog roll.’ Willis said she loved all of Alley’s funny Hollywood stories including her wanting to have an affair with both Patrick Swayze and John Travolta as well as getting pranked by Woody Harrelson. “I will take so many stories from this show to share with my friends and children!” Alley said. 1st place: Ryan Thomas Ryan Thomas has won this summer’s Celebrity Big Brother. The former Corrie actor looked completely overwhelmed as he left the house to a huge applause. “I have no words! I don’t know what to say! I’ve acted all day like I’m not bothered…but it’s got the better of us…now winning…I am completely overwhelmed…I can’t thank you all enough!” he told Willis. Ryan Thomas looked completely overwhelmed as he left the Celebrity Big Brother house Monday night as the series winner. (PA Images) He laughed as Willis told him that he’d beaten both of his brothers who’d competed but not won Love Island and I’m a Celebrity…Get Me Out of Here! respectively. Why did he think he won the show? “It’s very hard to judge on the reason for me being here now…we are all winners…genuine normal people…I hope that’s one of the facts that’s come into play. I am a normal boy, you see me as the status of celebrity, but that’s not who we really are,” he continued. A close to tears Thomas was then played the footage that showed Roxanne Pallett’s infamous ‘punch’ allegations. “It was totally unexpected. It was a sign of affection that I’ve used on Gabby and the boys and unexpected because there was nothing in it. As it unravelled, became bigger and bigger, what scared me the most was when Ben told me that she couldn’t stay in the same room as me because she was scared. 📸 A snapshot of @ryanjamesthomas's time in the Celebrity Big Brother House 👏🤣 #CBB pic.twitter.com/ldxIzDR0D9 That rang alarm bells for me…I was scared and lonely…your trust is in a different place. The one thing I held tight to was Sally, she was motherly from the start and if it wasn’t for her…we all know how much something like that can stick on a man. This was done in the wrong way – I just wanted out! I thought I was going to get a call from the police soon. That’s not me. I’m glad that we had 24 hour surveillance on us because the truth was shown.” he said. Could he ever forgive Roxanne Pallett? “For me I have the best network of family and friends…my brothers are my life…if this perosn has an issue or a misunderstanding who am I to sit there and judge? “If she wants forgiveness and it makes her feel better I would rather give her that because I think she’s been punished more than enough,” he said. Emma Willis concluded that ‘No one has ever deserved to win this show more than you.’ Roxanne Pallet: “I”m the most hated girl in Britain” I’m a Celebrity: All the latest line-up rumours Roxanne Pallett quits Celebrity Island after five days Netflix Announces Five India Originals; SRK, Anushka To Produce World Snake Day: 5 Famous Serpents from Literature that You Must Read About	cc/2019-30/en_middle_0064.json.gz/line1309
__label__wiki	0.782025	0.782025	April 18, 2019 / 8:35 AM / 3 months ago UK consumers keep calm and carry on shopping before Brexit deadline William Schomberg, Andy Bruce LONDON (Reuters) - British shoppers ignored worries about an impending Brexit deadline and spent heavily in March, official data showed on Thursday, supporting the country’s sluggish economy while companies were cutting back on investment. FILE PHOTO: Shoppers are seen inside the Selfridges store on Oxford Street during the Boxing Day sales in central London, Britain December 26, 2018. REUTERS/Henry Nicholls Retail sales volumes surged by the most in nearly two-and-a-half years in annual terms, leaping by 6.7 percent. That was way above all forecasts in a Reuters poll of economists. The increase in part reflected the slowdown in spending a year ago, when Britain was hit by the so-called Beast from the East snowstorms and icy weather, officials at the Office for National Statistics said. Warm weather in March this year helped increase spending on clothes, the ONS said. Sterling rose on the data, reaching a session high against the euro. Britain was originally due to leave the European Union on March 29, but that deadline was pushed back to April 12 and then again to Oct. 31 as Prime Minister Theresa May failed to break an impasse in parliament on the terms of Brexit. The figures published by the ONS on Thursday covered the period from Feb. 24 to March 30. “There is hope that the delay in a potential no-deal Brexit until October will allow the stronger retail sentiment to remain undiminished,” said Jeremy Thomson-Cook, an economist at WorldFirst, a currency exchange firm. “However, a word of warning: credit card defaults in the UK have risen significantly in the first quarter and sit at the highest level since 2015, which could threaten the brighter-than-expected retail picture.” In monthly terms, sales rose for a third month in a row, by 1.1 percent. The median forecast in a Reuters poll was for a decline of 0.3 percent. In the first three months of 2019, a smoother reading of spending patterns, sales grew by 1.6 percent compared with the previous three months, the strongest increase since August 2018. CONSUMERS TO THE RESCUE Consumer spending has supported Britain’s sluggish economy through the Brexit crisis, in contrast to businesses, which have cut back on investment. Falling inflation, rising wages and the lowest unemployment since 1975 have boosted household incomes. However, wages after inflation are still below their peak before the financial crisis, raising questions about how long consumers can support the economy, which is struggling not only with Brexit but also with slower global growth. The Bank of England said on Thursday that banks reported they cut back on the availability of consumer credit in early 2019 and expected more tightening in the second quarter. The BoE has predicted the slowest overall growth in Britain’s economy for a decade this year. But BoE officials say they underestimated the resilience of British households in the face of the Brexit referendum in 2016, and Thursday’s figures are likely to further surprise the central bank. The BoE has said it plans to raise interest rates gradually once the uncertainty about Brexit clears. Last week, figures from the British Retail Consortium suggested shoppers had cut spending at high-street retailers for the first time in almost a year in March. But supermarket chain Tesco said its shoppers were not being put off by Brexit. Writing by William Schomberg, editing by Larry King	cc/2019-30/en_middle_0064.json.gz/line1310
__label__cc	0.606176	0.393824	Are you prepared for mandatory CT dose tracking? Posted by Vikki Harmonay on Wed, Sep 25, 2013 @ 16:09 PM More so than ever, radiology departments are under pressure to track radiation dose from CT. Laws effective in some states, and the federal government proposing mandatory tracking in new Medicare rules for 2014, mean that institutional dose tracking will need to be as seamless as possible. A team of radiologists at Stony Brook University in New York wanted to find the most simple and cost-effective way to monitor CT dose given what technology is available today. In doing so, they ended up developing a web-based service that does everything other solutions on the market do, just in a simpler fashion. They wrote about what they found, and what they have developed, in the September issue of the Journal of the American College of Radiology. "We wanted to improve the transparency of what's available," Dr. Ronak Talati, lead author of the paper and a radiologist and software coder at Stony Brook, told DOTmed News. Tracking dose is becoming more important than ever. Not only is the public more aware of it, but proposals related to quality in the Centers for Medicare and Medicaid Services'(CMS) 2014 Medicare Physician Fee Schedule rule include new measure groups for CT dose tracking. Specifically, these include recording and storing CT radiation dose for patients, as well as reporting it to a radiation dose registry. Such requirements are already mandatory in some states like Texas and California. In some respects, tracking dose is easier today than ever because of the plethora of tools available. But Talati and his team at Stony Brook thought there was room for improvement. Their solution is a cloud-based platform called Scannerside. Because it's a web service, it takes away the barrier of being vendor or institution-specific, in addition to getting rid of the need for software installation or RIS/PACS integration. "We took the OCR [optical character recognition] algorithm and put it into a parallel processing cloud setup so it's not something that has to live in your institution and be updated constantly," said Talati. Scannerside also gives the technician real-time feedback with the ability to adjust protocols. Dose is processed on the spot and a dose card can be printed for the patient with information about delivered and cumulative patient dose. The product can provide dose tracking for angiography procedures as well. Already one state, Texas, requires that angiography dose be monitored as well. "That stuff [angiography dose] is kind of in future. Right now it's about CT. And I suspect when the government has a chance to be more stringent they usually go through with it." said Talati. by Loren Bonner , DOTmed News Online Editor Atlantis Worldwide Some Blogs you might have missed: Q & A: How One Practice Achieved Extreme Low Dose Mobile CT brings low-dose lung cancer screening to underserved Topics: Low-dose solution, Medical Imaging News, Imaging Equipment Solutions, Scannerside	cc/2019-30/en_middle_0064.json.gz/line1312
__label__wiki	0.676677	0.676677	Simonov's Gallery (970) Armed Anthros: Boulton Paul Defiant by Simonov Armed Anthros: The Furry Pinup Guide Origin: United Kingdom Type: Fighter Weight: 6,078 lb (2,763 kg) Length: 35 ft 4 in (10.77 m) Max speed: 304 mph (489 km/h) Range: 465 mi (749 km) Ceiling: 31,000 ft(9,250 m) Engine: 1 × Rolls-Royce Merlin III liquid-cooled V12 engine Armament: 4 × 0.303 in (7.7 mm) Browning machine guns The Boulton Paul Defiant was a British single-engine fighter which saw service in the early days of World War Two. The aircraft was notable in that it had no forward firing armament and instead had its four .303 caliber machine guns placed in a turret on top of the aircraft in a concept known as a turret fighter. While such an arrangement took some Luftwaffe pilots by surprised initially, the Defiant quickly began to suffer heavy losses as their German opposition adapted to the unique design. However, the aircraft proved to be well-suited to the role of night fighter with later examples being fitted with radar to aid in intercepting Luftwaffe bombers in the dark. The Defiant was withdrawn from combat in 1942, though it continued to serve as an electronic countermeasures aircraft, target tug, rescue aircraft, and test-bed for experiments with ejections seats for several more years. female 574,489, pinup 16,976, red panda 7,816, fighter 1,586, plane 672, airplane 559, aircraft 277, defiant 30, armed anthros 18, boulton paul defiant 1, boulton paul 1, turret fighter 1 Published: 1 year, 5 months ago 12 Feb 2018 02:51 CET Initial: 51a8e82eecc9f7856e5c970bb3e09381 Full Size: c88d2108043a34ef22bda2f9b0f30118 Large: 8e3b249da622730a9a31751bbaa79461 Small: 05fddd2c8cf3f8c0e167c518561b4c6a	cc/2019-30/en_middle_0064.json.gz/line1314
__label__cc	0.634045	0.365955	Pederalizatsiya insomniacresurrected Uncategorised 23rd Oct 2018 27th Oct 2018 2 Minutes Federalisation of Ukraine, has been and is Russia’s policy towards Ukraine since 2014… In Spring 2014, thousands of people in South-Eastern Ukraine carried Russian flags and demanded a referendum. They wanted, like Crimea, to join Russia. The Russian politicum, media, and propagandists called them “supporters of federalisation”. In most of the South-East, local separatist movement was crushed by Maidan goons. Thousands of people are in Ukrainian jails on political charges now. Only Donbass erupted in a rebellion that Kiev was unable to handle. Russia helped these rebels survive in a pitiful state, only to once again push for her cherished idea of federalisation. According to the official Kremlin position, the Donbass republics need to reintegrate back into Ukraine on a federative basis. The Russian state media regularly refer to the Donbass republics as “self-proclaimed”. According to Konstantin Zatulin, a bigwig from the Russian parliament, responsible for the CIS, and similarly pro-Kremlin talking head Nikolay Starikov, Donbass should be reintegrated into Ukraine to make at least part of Ukraine pro-Russian. Zatulin also shamefully said that the Donbass people are not Russian enough. The problem for Kremlin’s dream of federalisation is in that apart from fools like Zatulin and Starikov, nobody believes in it. Ukraine is not planning to change the constitution that defines the state as “unitary”. I recently heard US envoy for Ukraine, Kurt Walker say that federalism is not constitutionally possible, hence confirming Kiev’s position on the matter, and America’s support for it. Also, I am not certain if enthusiasm for Russia will last in many parts of the South-East. Pro-Russian political movements have been suppressed. Kherson, always the most Ukrainian of South-Eastern regions, according to my information has gone a bit nationalist in recent years. Same story could be said to occur everywhere apart from coastal cities that still retain a strong Russian element. But these places will only grow further apart from Russia while they are dominated by Kiev. A little war that would settle the fate of Donbass would likely be the best way out of this situation. Liberation of Donbass and its integration into Russia would be a good outcome for Russia. Support for liberation in other regions would be the best outcome for Russia. It would bring what the Russian nation craves, greatness, and heroism. But do you see the cowards of the Kremlin, Surkov or the fat nerd Zatulin, as people who could do the right thing? Published 23rd Oct 2018 27th Oct 2018 Previous Post Ukrainian Opinion of Russia Improves, and it is Bad Apparently… Next Post Hroysman: Russians Want to Create Ukraine Fatigue in the World 7 thoughts on “Pederalizatsiya” Pingback: The Times do not Favour Irredentism Pingback: Does This All Mean the Future of Donbass is With Russia? Pingback: Lavrov Confirms Kremlin’s Commitment to Pederalizatsiya Pingback: Here are the Maps I was Talking About Pingback: Why Donetsk Antimaidan Could, and Kharkov Couldn’t Pingback: Why Poroshenko is Great for Russian Irredentism Pingback: Why Novorossiya Wasn’t Created	cc/2019-30/en_middle_0064.json.gz/line1317
__label__cc	0.638758	0.361242	School of Mathematics and Statistics / Journal of Forensic Sciences / Kennedy, R.B. (Robert B.), Chen, S. (Sanping), I. Pressman (Irwin S.), Yamashita, A.B. (A. Brian) and Pressman, A.E. (Ari E.) A large-scale statistical analysis of barefoot impressions Journal of Forensic Sciences , Volume 50 - Issue 5 p. 1071- 1080 In an earlier paper, outlines of footprints of persons walking normally were studied to determine whether different people make verifiably distinct footprints. Our basic null hypothesis is: given a footprint outline trace made by Subject A (Alice), then Subject B (Bob), a distinct person, cannot produce a footprint outline trace indistinguishable from that of Alice. We showed in the previous work that the probability of a chance match is less than 10 -8. In this paper we report two new advances in our research. First, we establish a rigorous mathematical framework for calculating worstcase and average chance-match probabilities. Second, we repeat the previous experiment to substantiate the earlier results, but with an expanded population sample size and a more representative and significantly bigger repeated sample. These improvements and a new automated tracing procedure for extracting all numerical measures lead to a sharpened accuracy with average chance match probabilities of 7.88 × 10-10 for a general population. In other words, the odds of a chance match are one in 1.27 billion. Copyright Keywords Barefoot impressions, Chance match probability, Footprint, Forensic science, Principal component analysis, Statistical independence Journal Journal of Forensic Sciences Kennedy, R.B. (Robert B.), Chen, S. (Sanping), Pressman, I, Yamashita, A.B. (A. Brian), & Pressman, A.E. (Ari E.). (2005). A large-scale statistical analysis of barefoot impressions. Journal of Forensic Sciences, 50(5), 1071–1080.	cc/2019-30/en_middle_0064.json.gz/line1320
__label__wiki	0.798827	0.798827	Sub Menu About Us Career Center Promise Kept Community Support Contact Us High Quality Care & Recognition Hospital History Locations Newsroom Legal Information Volunteer With Us Performance you can trust It's one thing to say that you're better, but it's another thing altogether to demonstrate that you are. Lakeview Hospital in Davis County is proud of our track record of excellence in patient care. Our delivery of high-quality care is consistent, as proven by the quality performance and recognition we receive year after year. Here is a list of recent accomplishments and awards received from third-party quality agencies within the healthcare industry: Recognized among the nation's 100 Top Hospitals® for seven years in a row and nine years total (IBM Watson Health 2013 - 2019). That means Lakeview is one of the 20 best small community hospitals nationwide. Only hospital in Utah named among America's 100 Best Hospitals™ in Joint Replacement and Orthopedic Surgery - for six consecutive years (Healthgrades 2013-2018). Earned the Joint Replacement Excellence Awards for seven years in a row, which ranks this hospital among the top five percent in the nation (Healthgrades 2013-2019). Achieved recognition for Overall Orthopedic Services five consecutive years, ranking it among the top five percent in the nation (Healthgrades 2014-2019). Atrial Fibrillation, Chest Pain Center and Heart Failure Accreditations (Society of Cardiovascular Patient Care 2017). Fifth consecutive year for Chest Pain Center Accreditation. Achieved the Outstanding Patient Experience Award™ ranking it among the Top five percent in the nation for patient safety (Healthgrades 2014-2018). Achieved the Orthopedic Surgery Excellence Award™ six years in a row (Healthgrades 2013-2018). Ranked among the Top 5 percent in the nation for Orthopedic Surgery (Healthgrades 2013-2018). Earned the Patient Safety Excellence Award™ (Healthgrades 2014-2018). Earned the Joint Replacement Excellence Award™ (Healthgrades 2013-2019). Ranked among the top 5 percent in the nation for Joint Replacement (Healthgrades 2013-2019). Earned an "A" in the Hospital Safety Grades (Leapfrog Group 2019). Achieved the Get With The Guidelines® - Stroke Gold Plus Award (American Stroke Association 2019). Certified as a Stroke Receiving Facility by the Utah Department of Health. Advanced Certification in Total Hip and Total Knee Replacement by The Joint Commission 1 of 293 hospitals nationwide to receive a 5star CMS rating 5 Star recipient for the treatment of Sepsis (Healthgrades 2019) Quality and performance reporting resources Lakeview Hospital is committed to delivering high-quality services to all of our patients. As part of that commitment, we support transparency of hospital performance, quality outcomes and healthcare costs. When it's time to select a hospital for your care, we encourage you to talk with your personal physician about his or her recommendations. We also suggest that you consider other credible sources of information about hospital quality and performance, including these: IBM Watson Health 100 Top Hospitals Hospital Safety Score Hospital Compare Utah Hospital Comparison Reports The Joint Commission Accreditation	cc/2019-30/en_middle_0064.json.gz/line1327
__label__cc	0.633006	0.366994	East County trio headed to Japan in Featured, News, Noteworthy The three ladies of Apackalips Now (Courtesy Karen Hasman) Faith Lawrence was hosting a foreign exchange student from Japan a couple years ago at her Lemon Grove home, which often doubles as the rehearsal studio for Apackalips Now, a vocal trio consisting of Lawrence, La Mesa resident Karen Hasman and San Carlos resident Lisa Hohman. Hearing the mellifluous melodies of the three ladies, the visiting student implored them to travel to Japan and sing for her friends and family. The three ladies of Apackalips Now (Courtesy Karen Hasman) The women of Apackalips Now are finally ready to do just that. They have booked a tour package to Japan in April and are growing more excited every day. “We always talked about it, and now it is happening,” Lawrence said. The trio sings in the style of the Andrews Sisters, counting classic tunes such as “Sugar Time,” “Let Yourself Go,” “Put Another Nickel In (the Nickelodeon)” and “Codfish Ball” as part of their repertoire. Japan will be quite the change of pace from their typical lineup of local musical productions, which has included events such as Star San Diego, the Women of History Showcase, Senior Follies as well as personalized performances at retirement homes, hospitals and private parties. Before they head west, however, the trio is available for hire to sing two love songs to someone special at any location for Valentine’s Day. Call Karen Hasman at 619-464-3727 for more information. The Sun Shines Sooner... Simplify.	cc/2019-30/en_middle_0064.json.gz/line1328
__label__cc	0.74403	0.25597	Lecturer in Functional Skills ??? Maths and ICT Walsall College 19334.00 - 36877.00 GBP Annual We are currently looking for a Lecturer in Functional Skills in Maths and ICT to join us on a permanent basis. Delivering Functional Skills Maths and ICT up to Level 2, you must be dedicated to delivering motivating and inspiring teaching and learning to unleash the potential of our students. Preparing schemes of work, lesson and assessment plans, you will also participate in the interviewing, enrolment and induction of students, you will also be expected to use information on students' starting points, such as initial assessments, to plan teaching and learning. A Teaching Qualification, i.e. DTLLS, Cert. Ed/PGCE, or equivalent (or a commitment to work towards) is essential for this role, alongside appropriate subject qualifications. For full specification requirements please refer to the job description. In return, we offer; Competitive salaries. Enrolment into the Teachers' Pension with generous employer contributions. Up to 35 days annual leave with generous additional closure days. Outstanding staff training and team building programme. ZEST is the College's Health & Wellbeing initiative for our staff. Staff incentive schemes including Cycle to Work scheme and 'Best of Walsall' discounts. Simply Health care scheme. Employee Assistance Programme. Reward and recognition scheme. Two state of the art campuses with the latest industry facilities, including our Graduate Salon of Hair and Beauty and on-site Little Professors' Nursery. Access to 'The Hub' offering a Gym, Spa & Sports Clinic and The Littleton Restaurant. We are passionate about promoting equality of opportunity and creating a working environment where diversity is recognised and celebrated and everyone has the chance to reach their full potential. Our environment is diverse in character and student population. We particularly welcome applications from candidates from Black Minority Ethnic origin and those with a disability. Walsall College is committed to safeguarding our children and young people/adults at risk of harm. We uphold fundamental British Values and expect all our employees to do the same. All appointments are subject to safer recruitment checks, including previous employment checks and an Enhanced DBS Check. Education & Childcare Graduate £15,000 - £19,999 Permanent jobs in Staffordshire	cc/2019-30/en_middle_0064.json.gz/line1329
__label__cc	0.527645	0.472355	Thème du congrès «Richesse» Conférences principales Contributions des médias Organisation du Congrès »…but in those times we were all equal«. Post-Soviet representations of poverty, wealth, and equality in the late Soviet Union Intervention dans le panel Money and shortness of money in the Soviet Union after 1945 Soviet propaganda painted a picture of an egalitarian, ”humane” and “warm” socialist society whereas the disdained stereotype of capitalism suggested social relations that were dominated by materialism, egoism, and money. Against this backdrop, the perestroika reforms brought about a harsh state of social disintegration for many people. Based on 42 oral history interviews, the paper explores the attitudes of former Soviet citizens towards money. It analyses how the respondents retrospectively assessed the social order of the late Soviet society regarding socio-cultural distinctions. It highlights the respondents’ classifications with which they (de-)legitimized Soviet values and social attributions. In doing so, the paper also analyses Soviet money practices that represented socio-cultural distinctions. Many interviewees deplored the lost equality that had allegedly characterized the Soviet society and complained about the fact that only money seems to determine the post-Soviet social order. From a comparative perspective on Soviet and post-Soviet times, Soviet money practices offered reliability and predictability of living conditions in an environment of less consumer choice than today. Many people perceived the Soviet social, cultural and economic framework as having provided comparatively greater security in everyday life. Therefore, the paper addresses three questions: What kind of classifications and narrative strategies establish the comparative representations about poverty and wealth in the late Soviet Union and the current Russian society? Which narratives help to embed new self-representations into the experiences of radical societal changes? In what respect do the interviewees’ narratives about »poor« and »rich« reflect former Soviet habits of dealing with money? Bönker, Kirsten Organisation du congrès: Société suisse d'histoire et Historisches Seminar der Universität Zürich \| Contact Actualisé: 02.07.2018 22:21 re-design by dewil.ch \| code by eMeidi.com	cc/2019-30/en_middle_0064.json.gz/line1336
__label__cc	0.729058	0.270942	Hi Claire, thanks for your message. That’s correct, it’s not possible to upload photos from your computer to Instagram however it’s quite popular to get around this by emailing the photos to yourself, then opening the email on your phone and storing the attached image in your phone’s library. This then allows you to post to Instagram. Alternatively there are a number of apps or plugins that allow you to upload to Instagram, most however will require payment. This is one I suggest looking at ‘LR/Instagram‘ but I can’t promise anything as I don’t personally use this method. 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I will be researching the websites on this list. I have started my own website at http://www.davidhintzphotography.com, I have sold some of my photos on microstock websites and now looking to sell directly from my own website. Thanks for all your work on this topic. I would be interested in your comments on my site if you had the time to look at it. Zackham got fascinated with manatees while he was writing a screenplay about dolphins. He learned it’s quite easy to swim with the so-called sea cows, and took his family to this spot north of Tampa, where manatees congregate during winter. “To be able to jump in the water with something that big with your 5-year-old? It’s amazing,” he says. discovercrystalriverfl.com Rosalynn Tay is a travel and fashion (as well as editorial) photographer based in Singapore, and is a peripatetic traveler whose fondness of travel led her to photograph in countless countries. She travels to Sri Lanka, Japan, Mongolia, Bangladesh, China, Malaysia, Siberia, Morocco and even ventured to North Korea. She is a graduate of Spéos, the internationally recognized photography school in Paris. She's also a committed Leica user, and has exhibited her work (Ethiopia -solo- and LeicaXhibition -group). Chinese opera has a long, rich history that dates back to 200 A.D. Over the centuries, a handful of styles of opera emerged — each with its own distinct makeup, music, and acting traditions — reflecting the eras and tastes of the changing dynasties. Sichuan opera is the youngest style, emerging around 1700 in Chengdu, Sichuan province, where it is still performed today by a dwindling roster of troupes. Travel photography is a genre of photography that may involve the documentation of an area's landscape, people, cultures, customs and history. The Photographic Society of America defines a travel photo as an image that expresses the feeling of a time and place, portrays a land, its people, or a culture in its natural state, and has no geographical limitations.[1] Taking the first step: Approach the client with already made photos. Visited a nice hotel during your last vacation? The hotel’s management will probably be very happy to publish your images if they are good. Most likely they won’t pay you as they did not order the images from you, but they will give you a credit under the photo. But this would be a good start as you’re now published and have a working relationship with a known brand for your CV. This is my biggest source of income these days. I have one company that has me on retainer for $1,000 a month for a year. They get the pick of a couple images each month that they’ll use for social media and marketing purposes. They have a specific style of image that they want, so I spend a good part of my time trying to create those images for them. In March 2018, I traveled to Shanghai to give a lecture and a street workshop at Imaging Group, and recall doing some location scouting in Laoximen with Tamia Tang (my assistant). We met an elderly resident who had lived in her small rooms virtually all her life, and had been told that she would have to vacate them soon. She claimed satisfaction that the city would be offering residents alternative housing or monetary compensation as the weather in Shanghai was too cold for her. Deep in the Actun Tunichil Muknal, or ATM, cave in Central America, visitors can see where humans were sacrificed. The cave is reached by river, and requires wading upstream for about an hour. Over the centuries, the victims’ bones have calcified in place, making them appear to be made of crystal. “You’re meeting history first hand,” Zackham says. travelbelize.org My work as a freelance travel writer has remained sort of a back-up source of income for me since moving into the photography world. I really only do it when I feel like money is tight — so, yeah, I basically do it every month. Most of the travel writing clients these days are online, and they don’t pay like they used to. Still, I make enough in writing to help pay some of the bills. I’ve averaged about $400 a month so far in 2015 through freelance writing. Flight Montreal - Toronto (YUL - YYZ) C$ 128+ Flight Montreal - Toronto (YUL - YTZ) C$ 212+ Flight Winnipeg - Toronto (YWG - YYZ) C$ 212+ Flight Halifax - Toronto (YHZ - YYZ) C$ 261+ Flight Fredericton - Toronto (YFC - YTZ) C$ 277+ Flight Saint John - Toronto (YSJ - YYZ) C$ 278+ Flight Québec City - Toronto (YQB - YTZ) C$ 288+ Flight Fredericton - Toronto (YFC - YYZ) C$ 305+ Flight Québec City - Toronto (YQB - YYZ) C$ 320+ Flight Moncton - Toronto (YQM - YYZ) C$ 325+ Flight Edmonton - Toronto (YEG - YYZ) C$ 337+ Flight Vancouver - Toronto (YVR - YYZ) C$ 352+ Flight Halifax - Toronto (YHZ - YTZ) C$ 358+ Flight St. John's - Toronto (YYT - YYZ) C$ 358+ Flight Abbotsford - Toronto (YXX - YYZ) C$ 366+ Readers of The Travel Photographer blog know of my current long term involvement in documenting Chinese Opera of the diaspora; an involvement that will culminate into the production of a coffee-table book bearing the same title. It is for this reason that the blog has been recently populated with posts with excellent work of Chinese opera by travel and documentary photographers. It was in 2006 when I traveled to the sacred city of Varanasi for the third or fourth time; this time in search of real sadhus rather than those I encountered on the ghats of the river Ganges. The more photogenically flamboyant of those would "earn" a few rupees from tourists and photographers who sought to augment their inventory of exotic portraits of these characters; perhaps paying them a tidy sum if they agreed to be photographed in a rowing boat or next to a temple. Whether you're licensing photos through an agency or you're working with local businesses, destination photos sell. If you're just starting out, consider uploading your best work to sites like 500px, where you can offer your images for license quite easily. If you already have a strong portfolio of work, consider applying to Stocksy, the most reputable agency in the stock photo business. Interested in reportage? You can sign up for a Demotix account to get started in travel photojournalism. After spending the last 6 years fiddling and learning photography, my wife and I are about to move to Cambridge, UK from Melbourne. We are planning to post and write about our European trips in a capacity that is more than just telling our family what we are doing with the goal of allowing our work to eventually pay for our travel. Our first real post will be up soon, looking at our short weekend trip into the Wimmera/Mallee to visit the new Silo Art in the region. My Wife is a much better writer than I am and is currently editing! Long-haul flights are brutal to your body, and jet-lag can cripple your productivity while you acclimate to your surroundings. I was practically giddy this week when I found a flight to South Africa a mere 36 hours long — 12 hours shorter than I had anticipated. After spending two or three days in transit, it typically takes me a day to feel functional again, and a week to feel normal. Whether at home or abroad, when you know the ins and outs of a particular location, you can provide photography tours and location-specific workshops to serve both tourists and serious photographers. In Greece I found a professional photographer offering pricey photo tours in Santorini, a popular island with stunning viewpoints that are difficult to locate. Part of this photographer's service was to unveil these secret locations. Back in Holland, photographer Michiel Buijse offers nighttime photography workshops in Amsterdam, helping photographers shoot stunning long exposures along the historical canals. Consider what you can offer in a location you know well. El Cortez Hotel and Casino C$ 51+ the D Las Vegas C$ 55+ Oasis at Gold Spike C$ 61+ Plaza Hotel & Casino C$ 64+ Palace Station Hotel And Casino C$ 67+ Circus Circus Hotel & Casino C$ 73+ Hooters Casino Hotel C$ 79+ Downtown Grand Las Vegas C$ 79+ Stratosphere Hotel, Casino & Tower, BW Premier Collection C$ 80+ Westgate Las Vegas Resort and Casino C$ 83+ Tuscany Suites & Casino C$ 88+ Alexis Park All Suite Resort C$ 89+ Our travel guides, which are curated by Travel + Leisure editors and a network of local correspondents, highlight the best hotels, restaurants, shops, bars, and things to do in the world's most exciting destinations. Browse our in-depth travel information for great ideas and insider finds, plus smart travel tips that will have you feeling like a local in no time. Tip from a pro: To work with the big brands, you need to market yourself in a way that will appeal to these types of clients. The kind of architectural or food photography a hotel chain needs is very different from what a tour company that specializes in extreme travel. Don’t try to work in all genres and styles. That’s a good path to becoming an inadequate photographer. Focus only on the genre and style you love and put all of your heart and effort into it. Love your site! How do you go about not needing work visas to do photography for tourism boards, hotels etc? I see a lot of travel photography in foreign places, but in most countries its illegal to work there and next to impossible to get a work visa as a photographer. Any advice on reaching out to brands/hotels/tourism boards etc overseas without finding myself being deported for working in their country? In comparison, the religious self-mutilations performed by the devotees during the Vegetarian Festival in Phuket are considered to be extreme and shocking. The entranced devotees who perform these acts of religious self-mutilation are called mah song. They wear elaborate costumes, enter into trances and ask the gods to enter their bodies. Men or women (they are usually celibate) puncture their faces with hooks, spears and knives amongst other sharp implements. Mixing the Hanxiang Water Garden photo shoot and another in the water town of Xinchang, I produced "The Legend of Hua"; a complex photo film meshing the topic of ghosts, opium, Shanghai in its 1930's heyday, traditional Chinese cultural and supernatural elements; all revolving around a plot of betrayal. Its plot is influenced by a 1988 movie by Stanley Kwan (in turn based on a novel by Li Pi-Hua (also known as Lillian Lee), one of the most influential Chinese TV writers, film writers and reporters. Besides the travel publications like National Geographic Traveler, Conde Nast Traveler, etc., the demand for this genre exists in industries like Travel, Photo Education, etc. Many travel photographers are today leading photo-tours through companies such as Intrepid Exposures, utilising their knowledge of unique travel locations, experience of working as professional photographers and using this to help travel enthusiasts take great travel images during their trips. Many others are doubling up as educators in the field of ambient light photography. Some of them are doing assignments which intrinsically use their strengths, e.g. shooting exteriors or interiors of buildings for architects and interior designers. Photographers like Steve McCurry are often commissioned to shoot commercial advertising work using their skills from travel and documentary photography to produce powerful advertising images.	cc/2019-30/en_middle_0064.json.gz/line1350
__label__wiki	0.65927	0.65927	We use a system of classifying the different types of cookies which we use on the website, or which may be used by third parties through our websites. The classification was developed by the International Chamber of Commerce UK and explains more about which cookies we use, why we use them, and the functionality you will lose if you decide you don’t want to have them on your device. Cookies are text files containing small amounts of information which are downloaded to your personal computer, mobile or other device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. How long are cookies stored for? Persistent cookies – these cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie. Session cookies – these cookies allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted. Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience. You can find more information about cookies at www.allaboutcookies.org and www.youronlinechoices.eu. Cookies used on the website A list of all the cookies used on the website by category is set out below. These cookies enable services you have specifically asked for. These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. These cookies collect anonymous information on the pages visited. By using the website, you agree that we can place these types of cookies on your device. These cookies collect information about how visitors use the website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the website works. These cookies remember choices you make to improve your experience. By using the website, you agree that we can place these types of cookies on your device. These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. All information these cookies collect is anonymous and they cannot track your browsing activity on other websites. These cookies allow third parties to track the success of their application or customise the application for you. Because of how cookies work we cannot access these cookies, nor can the third parties access the data in cookies used on our site. For example, if you choose to ‘share’ content through Twitter or other social networks you might be sent cookies from these websites. We don’t control the setting of these cookies, so please check those websites for more information about their cookies and how to manage them. Please email or give me a call... karen.e.palmer@hotmail.com I offer relationship counselling appointments during the daytime, evenings and weekends. The Counselling Directory The Serenity Centre, Harrogate Arch Resolution © 2019 Karen Palmer \| Privacy Notice \| Cookie Policy \| Website by Riflebird	cc/2019-30/en_middle_0064.json.gz/line1351
__label__cc	0.546564	0.453436	New York City Archive 10 Essential Things to Do in New York City that Tourists Can’t Miss- The Classics: Carrie Bradshaw informed me that after living in New York City for Best Bars in New York City to Stay Warm, Get Cozy, or Unwind by a Fireplace: Gasp, it’s that time of year again–winter! Okay, so it’s not quite LA SOIRÉE New York City Has Arrived: A Review of this Risqué Show: This past weekend, I was lucky enough to be invited to the The Affordable Art Fair Returns to New York City: Last night I had the pleasure to attend a kickoff party for Spain’s Great Match: A Fabulous Night Out of The Best Spanish Food and Wine Manhattan Has to Offer: As a luxury travel writer, I am ashamed to admit that I The New York Palace Hotel Renovations: A Legend is Reborn: As I mentioned a little while back, The New York Palace just My New Favorite NYC Brunch: Hangover Brunch at the Four Seasons New York: Any New Yorker knows that brunch in NYC is an institution and New York Palace Set to Unveil Final Completion of $140 Million Renovations: The New York Palace, a luxury midtown hotel, has completed the second phase New York City Local Favorite: Ovenly Gives Me a Reason to Head to Brooklyn!: Last week a co-worker brought in a few bags of spicy bacon In Defense of Manhattan: Why It’s Better Than Brooklyn Times Twenty!: Brooklyn has arrived according to…well…everyone. As unofficial home of the Hipsters and Romio Insiders Answer All Your Burning Questions About New York: One of the reasons I became a blogger was to connect with What to Do in New York City This Weekend for Bastille Day: Y’all know that despite my Ohio roots that I’m a Francophile at	cc/2019-30/en_middle_0064.json.gz/line1355
__label__cc	0.749389	0.250611	Size Small Extra Large Small - £40.00 GBP Extra Large - £40.00 GBP Our Gator design offers a hint of an argyle but using a random, asymmetric pattern of triangles. It uses a striking colour blend of bright blue and green, together with white and greys, framed by a clean, crisp white base colour. Gator really comes into its own when the sun's out. The colours really pop but it's not for the faint hearted! Pad Technology: We know that one of the most important considerations when choosing a pair of bib shorts is the pad. It's the key contact point between rider and bike and can be the difference between finishing your ride and not. Whilst developing our shorts, we tested a lot of different pads and eventually opted for a medium-density, anatomically-shaped endurance pad that offered the perfect balance of performance and comfort. The pad used in our women's bid shorts is the same as that used in our men's shorts. However, it is a different shape because women's seat bones tend to be wider apart. Three different thicknesses of padding are used in our shorts. We have positioned thicker padding at the critical contact point between the seat bones and the saddle, while moving padding away from the sides and the front of the pad. This reduces heat build-up in those areas. For additional comfort, we have placed contour grooves around the edge of the pad to allow it to conform to the shape of your body without creasing. We have also inserted a pressure relief channel on the reverse side of our pad. This aids blood flow, reduces numbness and the associated discomfort. Nine individual panels are used to create a supportive fit without restricting rider movement. Three different fabrics quickly wick sweat away from the skin. Open-mesh fabric is utilised for the bib element to improve ventilation. This is deliberately kept black as white bibs can turn grey through time and multiple washes. A stretch material is used to trim the bib straps, ensuring that they don't cut into your shoulders. Wide, laser-cut, silicone-impregnated grippers reduce pressure on the legs – improving circulation and lessening fatigue. Selected seams are flat lock-stitched to avoid any uncomfortable chafing. Seams have been moved away from contact points for added comfort. Designs are printed using the latest sublimation process, so colours will not run and are resistant to fading. For reference, the cyclist pictured is 170cm (5'6") tall and weighs 9 stone 7 pounds (60kg). She has a 72cm (28 inch) waist, 83cm (33 inch) hips and 87cm (34 inch) bust and usually wears a UK 10 dress size. She is wearing medium shorts. SM MED L XL In developing our line of performance cycling wear, we have subjected each item of clothing to thousands of hours of testing, by riders ranging from weekend warriors to IRONMAN distance triathletes. There is a commonly-held belief in cycling that cyclists and triathletes are like oil and water – they should never mix. We happen to disagree. An IRONMAN distance triathlon is just about the toughest single day test of endurance you can do. With never quite enough time between training sessions, you’re always on the verge of being over-trained. This constant state of fatigue makes you irritable. Any slight discomfort is magnified and becomes an excuse not to train. Developing saddle sores is your worst nightmare. They take much longer to heal as you can't afford to take a few days off to recover. It turns out that IRONMAN training was the perfect opportunity to test both the performance and comfort our clothing. Over the past 12 months of testing, we have wrecked a lot clothing. We’ve listened to rider feedback and have gone back to the drawing board on more than one occasion, we've added features and developed our designs. In doing so, we have created a line of cycling wear that that brings together absolutely optimal function, comfort and performance. Back to Women's Sale	cc/2019-30/en_middle_0064.json.gz/line1360
__label__cc	0.645282	0.354718	Your quiz result is: Total right answers: Total wrong answers: Total score: Questions 1 - 30 1 The basic features of the Indian Constitution which are not amendable under Article 368 are Sovereignty, territorial integrity, federal system and judicial review Sovereignty, territorial integrity and parliamentary system of government. Judicial review and the federal system Sovereignty, territorial integrity, federal system, judicial review and parliamentary system of government 2 The unitary system of government possesses which of the following advantages? Greater adaptability Strong State Greater participation by the people Lesser chances of authoritarianism 3 The most essential feature of the parliamentary form of government is the Sovereignty of the Parliament Written Constitutio Accountability of the executive to the legislature Independent judiciary 4 At which of its session, did the congress officially accept the ‘Socialistic pattern of Society’? Bombay Session of 1953 Avadi Session of 1955 Calcutta Session of 1957 Nagpur Session of 1959 5 Which of the following statements about the federal system in India are correct? a. The Constitution introduces a federal system as the basic structure of government b. There is a strong admixture of a unitary bias c. Both the union and state legislature are sovereign d. The legislative, financial and judicial powers have been divided between the Union and its units. Select the correct answer from the codes given below A only A and B only A, B and C only All of these 6 Although Union List, State List and Concurrent list cover the entire legislative business, yet there may be an item not mentioned anywhere. Who will legislate on that item? Parliament only State Legislature only Both A and B Neither A nor B 7 Which one of the following Articles of the Constitution of India has provision for the President to proclaim emergency? Article 352 Article 355 Article 356 Article 360 8 The tenth schedule of Indian Constitution deals with Anti-defection Legislation Panchayati Raj Land Reforms Distribution of powers between the Union and States 9 Article 249 of the Indian Constitution deals with Emergency power of the President Dissolution of the Lok Sabha Administrative power of the Parliament Legislative power of the Parliament with respect to a matter in the state list 10 Which one of the following statements correctly describes the Fourth Schedule of the Constitution of India? It lists the distribution of powers between the Union and the States It contains the languages listed in the Constitution It contains the provisions regarding administration of Tribal areas It allocates seats in the Council of States. 11 When will demand become a grant? When a demand is proposed After the discussion on demand is over After the demand is granted When the budget session is closed 12 The entry o Public Health and Sanitation is included in the Constitution of India in Union list State List Concurrent List None of these 13 Who is the chairman of 15th Finance Commission? Shree K.C. Panth Dr. C. Rangarajan M. Verrappa Moily N.K. Singh 14 The recommendations of the Sarkaria Commission relates to Distribution of Revenue Power and functions of the President of India Membership of Parliament Centre-State relations 15 The Indian Parliament cannot legislate on a subject of State list unless: a. The President of India directs it to so. b. The Rajya Sabha passes a resolution that it necessary to do so in national interest c. The speaker of the vidhan sabha certifies that the legislation is necessary d. There is national emergency Considering the above Statements, select the correct answer from the codes given below: A, B and C B, C and D A and B B and D 16 Which one of the following is the subject of Concurrent List? Police Criminal Matters Radio and Television Foreign Affairs 17 Which one of the following expenditures is NOT charged on the Consolidated Fund of India? Salary and allowance of the President of India Salary and allowances of the Vice-President of India Salary and allowances of the Justice of the Supreme Court of India Salary and allowances of the Speaker of the Lok Sabha 18 Centre – State relations in India are dependent upona. Constitutional provisions b. Conventions and practices c. Judicial interpretations d. Mechanics for dialogue A and B A, B and C B, C and D All of these 19 When the Annual Union Budget is NOT passed by the Lok Sabha The budget is modified and presented again The budget is referred to the Rajya Sabha for suggestions The Union Finance Minister is asked to resign The Prime Minister submits the resignation of Council of Ministers 20 The Indian Parliament is competent to enact law on a state subject if Emergency under Article 352 is in operation All the state assemblies of the country make such a request The President send such a message to Parliament None of these 21 In India, within how much period, has the proclamation of emergency to be approved by both Houses of the Parliament? 14 days 1 month 3 months 6 months 22 Which of the following cannot be suspended or restricted even during national emergency? Right to reside and settle in any part of the country Right to life and personal liberty right Right to move freely throughout the territory of India Right to carry on any profession or business. 23 Under which of the following circumstance, can the President declare an emergency? a. External aggression b. Internal disturbances c. Failure of the constitutional machinery in States d. Financial Crisis Choose the correct answer from the code given below A, B and C A, C and D B, C and D A, B and D 24 The 73rd Amendment of the Indian constitution deals with Panchayati Raj Compulsory Primary Education Nagar Palikas Minimum age of marriage 25 Which of the following has banned floor crossing by the members elected on a party ticket to the legislature? 52nd Constitutional Amendment Act 44th Constitutional Amendment Act Peoples Representative Act 1951 Maintenance of Internal Security Act 26 Which one of the following Bills must be passed by each house of the Indian Parliament separately by special majority? Ordinary Bill Money Bill Finance Bill Constitutional Amendment Bill 27 The Article of Indian Constitution related to abolition of untouchability is Article 15 Article 16 Article 17 Article 18 28 Which one of the following writs examine the functioning of subordinate courts? Quo Warranto Mandamus Certiorari Habeas Corpus 29 Under the provisions of Right to Freedom of religion are included: a. Right to propagate religion b. Right to the Sikhs to wear and carry ‘Kirpan’ c. Right of the state to legislate for social reforms d. Right of religious bodies to secure conversion of people to their own faith A, B and C B, C and D C and D All of these 30 Which of the following subjects comes under the common jurisdiction of the Supreme Court and the High Court? Mutual disputes among states Dispute between Centre and State Protection of the Fundamental Rights Protection from the violation of the Constitution Submit Test	cc/2019-30/en_middle_0064.json.gz/line1362
__label__wiki	0.912243	0.912243	Towns involved in car accident, placed in concussion protocol – Star Tribune By admin On feb 23, 2019 NEW YORK – Timberwolves center Karl-Anthony Towns was proud of the fact he had never missed a game in his NBA career. That changed Friday, and the twist for Towns was his absence came as a result of an injury he suffered off the court. Towns was involved in a car accident Thursday as he was traveling to Minneapolis-St. Paul International Airport in advance of the team’s game against the Knicks and as a result Towns entered the NBA’s concussion protocol, causing him to miss Friday’s game, coach Ryan Saunders said. It ended Towns’ streak of consecutive games played at 303. Towns was with the team in New York and at Friday’s game. Saunders said Towns’ timeline for recovery was “day by day.” After missing the team’s flight, Towns took a commercial flight to New York. Saunders said Wolves medical staff examined Towns before his flight and Towns was cleared to fly even though he entered the concussion protocol Friday. The Wolves had initially put Towns on their injury report Friday because of “rest,” and Saunders said he found out Towns was entering the protocol shortly before Friday’s game. There were few details known about the accident Friday. “Moving forward we’ll know more with it all. But at this time that’s all we know,” Saunders said. A source told the Star Tribune that Towns was not the driver of the vehicle. A spokesperson for Towns’ agency, Creative Artists Agency, declined to comment. Towns did not attend the team’s shootaround Friday and instead rested at the team’s hotel. His teammates were glad Towns wasn’t injured worse than he was. The streak was secondary. “That’s most important, that he’s healthy and he’s doing OK,” Andrew Wiggins said. “Because a lot of things could’ve went wrong, but God was watching over him. So we’re happy. We’re relieved.” Guard Tyus Jones said the accident puts life in perspective for him and the Wolves. “It just goes to show nothing’s promised,” Jones said. “Tomorrow isn’t promised. Life and things can turn in a matter of seconds in the blink of an eye. Obviously you get in a car and you’re not thinking you’re going to be in a crash or anything like that. It just puts things in perspective for sure. People need a reminder to just be thankful and grateful for just being able to wake up today.” Towns’ absence comes as the Wolves were getting over a rash of injuries to their point guards, as Jones made his return to the lineup. Compounding matters for the Wolves was the fact that backup center Gorgui Dieng missed Friday’s game because of personal reasons. Taj Gibson started in Towns’ place. To return to the floor, Towns must clear the league’s concussion protocol and will have to pass a variety of physical tests, including jogging, pedaling a stationary bike and agility work and get approval from a doctor. “I’d just like to have him out there because he’s a pretty good player,” Saunders said. “So the streak, that is something that I think everybody should definitely take note of with Karl’s durability and his toughness and how he approaches the game. From a coach’s viewpoint, you’d like to have a player like Karl on the floor whenever you can.” Before Friday, that was every night. Now the Wolves wait to see when Towns can make it back. These Are Cases in Which Police Officers Were Charged in… Robbery ring at UWI busted Sze 27, 2018 Texas Mother Looks for ‘Beauty Within’ After Freak Curling… Ian Mulgrew: Victims of children’s ministry scandal… Man who killed 3 in Walmart shooting gets life sentence;…	cc/2019-30/en_middle_0064.json.gz/line1363
__label__cc	0.700755	0.299245	Another Year Older... NSS is Seven. Another anniversary and another goal - 1000 graduates! It seems barely yesterday that we celebrated our fifth anniversary and set a goal to graduate 500 graduates by the end of that year. But two more years have gone by and we not only reached 500 graduates but we have exceeded 800 graduates! Hard to believe so much has happened in two years: 500 graduates in Sept 2017 Data Science Bootcamp launched in 2017, two cohorts have graduated and the third starts in September Analytics Jumpstart launched this year, third class is currently in session Data Analytics Bootcamp approved in late 2018, first cohort fully enrolled and starting next month Web Development bootcamps expanded from 8 to 10 cohorts per year in 2019 Moving into a new facility in July (fingers crossed) that has six full-size classrooms and twice the floor space overall The pace just seems to keep increasing - sort of like everything in Nashville these days! So much so that we will come close to having 1000 graduates before the end of this year - in other words, it took us five years to reach our first 500 graduates, it will take us just over two years to add the second 500 graduates. Just as we did two years ago, we’re planning on a short series of blog posts about our seventh anniversary and about some of our plans for the future. But before we start on those posts, I’d like to take a few minutes to reflect back on the last seven years. Reflecting On Seven Years There are so many great things that have happened to me and to NSS over the past seven years. So many people to thank, so many things to be grateful for. We talked about many of these things in our five-year anniversary series of posts, things like: What We Mean When We Say Community, It’s All About The Opportunities, Why A Non-Profit?, Why A Six Month Curriculum?, and of course No Single Person Makes NSS Happen. But more than anything else, what the last seven years have been about are our students. That includes the 800+ graduates and over 130 current active students at NSS. Starting NSS was a leap of faith. Maybe several leaps of faith all tied together - faith that at least some employers would work with this new fangled coding bootcamp as a source of talent, faith that Nashville’s tech talent gap was real and wasn’t going to go away, faith that the tech community would welcome and mentor our students, and most importantly, faith that Nashville had a large community of talented people with the latent potential to do software development. All of those leaps of faith turned out to be valid. All of them happened. And the last one, the one about the pool of latent talent, was the big winner. Seeing our 800+ graduates progress through our programs and then have the vast majority get jobs using the skills they learned at NSS has been just an incredible experience for all of us here at NSS. It’s what fuels us and keeps us going. Without all of those talented people who were willing to put their futures in our hands and trust us to help them launch a new career none of this could have happened. Getting the chance to meet our students, getting to know even a little bit of their stories and share in their journeys has been an incredible gift. Thank you to all of our students for giving us this chance and for seizing the opportunity that NSS provides.	cc/2019-30/en_middle_0064.json.gz/line1369
__label__cc	0.602879	0.397121	Tag Archive: Mo Farah Filed under: Life stories, Politics, Society, Sport — Leave a comment A gold medal with the olympic rings inside (Photo credit: Wikipedia) Its been a glorious 17 days of sporting action. London did the UK proud. I do not think London has ever seen anything like this before – a 2 week (and a bit) carnival of sport and sheer joy. I spend all of last week in London watching the games and doing the tourist bit too. I could not blog using my ipad because for some strange reason, the latest WordPress app update is malfunctional. There was me thinking updated technology was meant to make things easier. Any road, a fantastic time was had by all. The weather sulkily stayed good. It wouldn’t rain on this parade. The athletics was great. The athletes were superb. Even the Royal Family was out in full force supporting the Games. The highlight for me was watching the Men’s 200 metres and being totally overwhelmed by the sheer excellence of the Jamaican sprinters. Mo Farah won 2 Golds in the 5k and 10k – What an achievement. It takes guts, stamina, drive and some incredible motivation to achieve such a feat. And who will ever forget the ‘mobot’!. The Golden Girl, Jess Ennis did not disappoint either. She came, overcame all the others and delivered. Perfection! I was also impressed by Michael Phelps. What an amazing achievement! All those medals collected over 3 Olympiads. He is a legend and will forever be remembered as a fantastic athlete/swimmer. Another Legend I was honoured to watch was the lightning bolt that is Usain Bolt, in the flesh. He has swept all before him. What an athlete. I wouldn’t be surprised if he turned up in Rio in 4 years and simply sprint away with the medals again. The British cycling Team was marvelous too. Victoria Pendleton, Bradley Wiggins, Sir Chris Hoy, and the rest of the crew did not disappoint. The British Sailing team,Tennis players, the Boxers, Pentathletes – all the athletes did remarkably well. Andy Murray finally won a title at Wimbledon! He was also oh so close to becoming a Double Gold medallist! Football attendance crowds beat all the records it is a pity Team GB ladies and men’s teams disappointed. However, the finalists gave us a good show. Brazil were shocked by Mexico, it seemed like the Brazilian team presumed they would walk away with the Gold medals. Congrats to Mexico. Many World records were set or broken-David Rodisha’s was exceptional. He simply annihilated all before him in winning the 800 metres.This young man is one to watch for the next few years. There was one other remarkable athlete who shall be remembered for his courage and athleticism- Oscar Pistorius. He fought hard to be included in the main Olympiad when others argued he should instead participate in the Paralympics. He did himself proud, his country and the whole world. Hats off to him. I hope this penny-pinching Government will continue supporting the sports people now the Olympics has left town. They have been making the right noises so far. However, I never trust politicians and I will not be surprised later if we find out the sports budget is somehow curtailed surreptitiously. A lot of effort and energy needs to be invested in competitive sport at Primary school and high school levels. Moreover, pupils should be made to realise you have to compete to win. Taking part is important, however, a winning mentality needs to be nurtured from a very young age. This is something I find quite disappointing every time I attend our local school sports day. There is no real competition at all. The remarkable achievements of the youngish Chinese and American swimmers are a case in point. Pupils should learn to compete at an early age and strive to be the best in whatever sport they take part in. Some people my choose to disagree here with me. I found it hard to appreciate that BMX racing is an Olympic sport. Please! Roller-blading next! Since we will be in Rio, maybe introduce Samba dancing as a sport too. I have got nothing against the BMX sport, however, I have always viewed it as a hobby. Walking marathon is another. Well,how does one train to be a walking marathonist? I just don’t get it. Golf has been added to the list of Olympic sports. I love watching Golf, but I seriously do not think its an Olympic sport. I don’t think anyone will ever convince me to think otherwise. Why are they leaving out Squash and or even Darts? These important people entrusted in making such decisions are a funny bunch indeed. The closing ceremony was just as spectacular as the opening ceremony. Brits know how to throw a party! They did a good party. I will never forget watching the politicians dancing to the music, especially Boris Johnson!! It was interesting, didn’t realise the man could move! He is just as quick on his feet as he is with his one-liners! The ceremony was great. It did market some of the best bits about the UK to the outside world-I loved the convertibles on show! Wow! If I was some rich prince somewhere in the Middle East watching the Ceremony on my super-cool 3D, I would have been on the blower instructing one of my many assistants to get me one of the convertibles! It was a remarkable show and the Guardian’s apt description is on the money: “a kaleidoscopic spectacle” that showed “the energy of British popular culture over the past few decades. We even had a glimpse of the Spice Girls, they arrived in London Cabs! It spiced the evening for me,and millions others. The imagination, artistic imagery and the crowd made it such a special occasion. A fitting end to the ‘best Olympics games‘ bar none. According to the Washington Post: “The host country truly was Great Britain. London delivered a rousing Olympics. …..the most organized, enthralling and enjoyable Games since Sydney in 2000.” London 2012 won a Gold Medal of its own. I hope people like Mitt Romney and the others who doubted this great City could deliver are eating humble pie. And I hope this is not the only misjudgment this Republican candidate has made. Hats off to all those involved. The 70 000 volunteers were remarkable and made the games all the more enjoyable. The few we met were always smiling and always helpful. The crowds were magnificent too. Lets hope the Olympic spirit will linger longer and be like an extra-strength dose of a mood-enhancing drug to the country and the economy. Adams ‘speechless’ at getting gold after all (radionz.co.nz) Tags: Andy Murray, Bradley Wiggins, Chris Hoy, family, gold, jamaican, joy, london, Mo Farah, Olympic, Olympic Games, politics, rio, royal, samba, silver, Victoria Pendleton A day at the Olympics Filed under: Politics, Sport — 2 Comments The weather was great. The stadium was buzzing. The Olympic Park was teeming with people-Welcome to London 2012 Watched Usain Bolt in the 200m heats. Highlight of the day. He was very quick. Too quick for the chasers. Also saw his heir apparent, Yohane Blake. He is a strong sprinter. OMG Usain Bolt in celebration about 1 or 2 seconds after his 100m victory at Beijing Olympics 2008, breaking the world record. (Photo credit: Wikipedia) The Olympic Park is a magnificent tribute to the Olympic Heritage. It’s like a hive. So much buzzing. So many people. All having fun. No trouble too. London /2012 is worth the cost to the taxpayer. The spectators are having a ball. So too are the athletes. It’s sad though when an athlete gets disqualified for a false start. Rules are rather strict. Talking of rules. It’s rather nightmarish going into Olympic Park. Security is so tight bordering on the ludicrous. I am sure these measures are necessary, after all there is (un)clear and rather present danger. However, the security measures kinda spoils the fun to a degree. Even Usain Bolt made his tuppence worth comment on the measures. The organisers deserve a pat on the back for the great work. It is a magnificent spectacle. There are Live events such as Park Live, there are groups of performers around the park, and all amenities are easily accessible. The support staff are quite helpful too. I should add. Britain is third on the medals table. Who would have bet on that (Refer to 3 other Olympics articles on this website). China and USA are fighting for top dog status. The Team GB athletes deserve all the applauds. So do all the other athletes from all the other countries. It is disappointing though that Team GB were not even competing in the steeplechase. Team GB were also found wanting in javelin, hurdles, sprints, triple jump etc. Surely with all the lottery and other sports funding Team GB should have been doing much better. Not that the natives are complaining. It’s just that I’m sure we spend more on developing our sprinters say in comparison to Jamaica. For instance, yet Jamaicans are somehow quicker. Could it be the training? Maybe some athletes should emulate Mo Farah and enlist with overseas trainers to help them cross that bridge. Swimming and diving are the other sports that disappointed. Without trying to apportion any blame on anyone, Team GB should and could have done much better. One bit of the Olympic story I could never understand is the Philips Odowu story. How can an athlete chosen to represent a country be so ‘big’ to be allowed to dictate to the selectors? If he was not fit, he should not have been selected. Period. If he was not prepared to avail himself, he should never have been allowed to represent the country. One athlete holding a country to ransom? Maybe there is more to this sad saga than we are made to know. Either way, surely Olympic selectors should reserve the right to assess and monitor the fitness levels of all those selected. It also beggars belief that the UK can only produce one strong male triple jumper in fours years! Someone, somewhere is not doing their job right. Surely the country should have a few long jumpers on the wings and if we can produce a university graduate in say 3-6 years, why can’t we regularly produce athletes good enough to compete at the Olympic level? The international community has made these Olympics what it is, a great carnival. We have met loads of folk from overseas and everyone is having a ball. May this glorious spirit continue to flourish. Tags: athletes, athletics, British Olympic Association, China, Jamaica, joy, life, london, Mo Farah, Olympic, Olympic Games, people, Usain Bolt	cc/2019-30/en_middle_0064.json.gz/line1377
__label__wiki	0.633276	0.633276	Apr 3 Hacksaw Jenny's March Comic Roundup Hacksaw Jenny written by Hacksaw Jenny (@hacksawjenny) In 2012 I managed to snag my dream job, working in a comic book store. Just imagine, reading comics in the down time between ringing up customers and making snarky remarks! In actuality, comics retail is a fast-paced and ever changing career path. My time is normally split between organizing, educating myself on what's going on in the world of comics, and making client specific recommendations. Two years ago I decided to expand on this passion and created a Twitch channel where every Wednesday I talk about the latest in comics news, talk about what I'm purchasing each week, answer comics related questions, and make suggestions for what viewers might enjoy reading. I'm now happy to bring those recommendations to Lifted Geek with a monthly column featuring my top picks from the last month! March came and went with a snap (luckily not the Thanos kind) and in a month that went by so fast, I found myself looking for quick reads to occupy my time. Without further ado, here's a short read about short reads! Justice League Dark Volume 1 Writer: James Tynion IV Artist: Alvaro Martinez Bueno Publisher: DC Comics Diamond code: DEC180653 Justice League Dark is by far one of my favourite titles from 2018 and I'm incredibly happy it's been collected into a trade paperback so I can share the love. It stars Zatanna, Swamp Thing, Man Bat and Detective Chimp after the events of DC's Dark Knights Metal event. The seemingly mismatched group are brought together by Wonder Woman, who helps to ground what could be considered a more supernatural story than what most are used to and helps to introduce a bizarre cast of characters to a wider audience. In volume one, which collects issues 1-3 and 5-6, the Justice League Dark must figure out who or what is threatening the very existence of magic, and stop it before it affects not only our heroes, but humanity itself. The dark plot is balanced well by Bueno's beautiful art and Tynion's introduction of humor from none other than John Constantine. A great read on its own, that can be continued in Justice League Dark/Wonder Woman Witching Hour. Little Bird #1 Writer: Darcy Van Poelgeest Artist: Ian Bertram Publisher: Image Comics Diamond code: JAN198548 Little Bird is the story of a young Canadian resistance fighter trying to find a sense of identity whilst fighting against the oppressive regime of the American Empire. Van Poelgeest weaves a story of historical significance and current events that begins with a foreword about how the comic was written on the unceded territory of the Musqueam people, and continues with the sensitivity necessary for a story featuring aboriginal characters. The comic is brought to life by Bertram's ornate illustrations, inspired by surrealist masterpieces like Dune and Akira. The first issue in a 5 part mini-series packs quite a punch and I am on the edge of my seat to find out what happens next. I highly suggest reading it in single issue format as it's released, because Little Bird will not be compiled into a trade paperback. The individual issues will be the most affordable way to collect the series, and will include their own exclusive material. It will, however, be released in an oversized hardcover as to better showcase Bertram's highly detailed art style. The hardcover is set to release near the end of 2019, and will contain process art and extras, but if you can't wait that long you can always check out the sold out first issue when it's second printing drops! Rat Queens #15 Writer: Kurtis Wiebe Artist: Owen Gieni Publisher: Image Comics Diamond code: APR190185 Rat Queens has been a fan favourite since debuting in 2013 with its diverse cast of characters and crude sense of humour. The series has certainly seen its ups and downs, but has persevered through controversy and a handful of artist changeups over the years. The series rebooted in 2017 when writer Kurtis Wiebe landed a perfect match in friend and artist Owen Gieni, and has been consistently hitting the balance between heartfelt and uproariously funny ever since. While the series will continue to bring the laughs well into the future, this was the final issue Wiebe and Gieni, who are stepping away from the book to concentrate on their indie game studio, Beast and Bone. The next issue, Rat Queens: Swamp Romp will be the first for the new creative team; Ryan Ferrier and Priscilla Petraites. In keeping with the spirit of Rat Queens, it's chock full of Dad Jokes and over the top fantasy art. Be on the lookout for it to arrive in April! Every month I will be listing off comics that I enjoy that are also as accessible as possible. The above should be available at your local comic book shop, which you can find here (https://www.comicshoplocator.com/). If it's not in stock, I've provided the Diamond order code for each of my recommendations that you can provide to a comic retailer for easy ordering. Everything listed is also available digitally through Comixology.com, and physically through many online retailers. I am always happy to answer any of your comic questions, so feel free to contact me on twitter.com/hacksawjenny! See you next month for my April Recap! march comics, comic books, comic round-up, hacksaw jenny comics, dc comics, image comics, justice league dark, rat queens, little bird Reel Fear - Layers of Fear 2 (REVIEW) Apr 6 Say My Name - Shazam! (REVIEW) Mar 31 I Burn, I Pine, I Perish - Looking Back on 10 Things I Hate About You (Film G33k) May 4 Hacksaw Jenny's April Comic Roundup Jun 11 Hacksaw Jenny's May Comic Roundup Apr 20 Everything you Need to Know About Free Comic Book Day	cc/2019-30/en_middle_0064.json.gz/line1378
__label__cc	0.624656	0.375344	Barbara Bach (I) Barbara Bach was born Barbara Ann Goldbach on August 27, 1947 in Queens, New York City, to Howard I... The Spy Who Loved Me Maj. Anya Amasova / Agent XXX (1977) Odissea Nausicaa (1968) The Humanoid Lady Agatha (1979) Caveman Lana (1981) To the North of Katmandu Elephant Polo Player, Cartier Team (1986) Give My Regards to Broad Street Journalist (1984) Princess Daisy Vanessa Valerian (1983) The Cooler Head prison camp (1982) The Unseen Jennifer / Karen's sister (1980) Up the Academy Bliss (1980) Alligator Alice Brandt (1979) Jaguar Lives! Anna Thompson (1979) Screamers Amanda Marvin (1979) Force 10 from Navarone Maritza (1978) The Mask of Alexander Cross Agent Judson (1977) Ecco noi per esempio... Ludovica (1977) Il lupo dei mari Maud Brewster (1975) Street Law Barbara (1974) The Sensuous Sicilian Daughter of Pharmacist (1973) Stateline Motel Emily (1973) Il maschio ruspante Rema (1972) A Few Hours of Sunlight Héloïse / Elvire (1971) Short Night of Glass Dolls Mira Svoboda (1971) Black Belly of the Tarantula Jenny (1971) Mio padre Monsignore Chiara (1971) Talking Pictures (2017) Premium Bond with Mark Gatiss and Matthew Sweet (2015) Inside Edition (2015) Top Gear (2012) Pop Galerie Reloaded (2009) Biography (2007) 101 Most Unforgettable SNL Moments (2004) Sendung ohne Namen (2003) Best Ever Bond (2002) Bond Girls Are Forever (2002) Tribute to Desmond Llewelyn (2000) Inside 'The Spy Who Loved Me' (2000) Ken Adam: Designing Bond (2000) The Bond Sound: The Music of 007 (2000) Inside 'A View to a Kill' (2000) Now Pay Attention 007: A Tribute to Actor Desmond Llewelyn (2000) And the Word Was Bond (1999) The James Bond Story (1999) E! True Hollywood Story (1999) James Bond: The First 21 Years (1983) Memories of 1970-1991 (1991) Attended the famous Beatles concert at Shea Stadium, 15 years before she would meet her future husband, Beatles drummer Ringo Starr. Barbara Ann Goldbach Queens, New York City, New York, USA 16 March 2019 \| Rolling Stone Joe Walsh, Ringo Starr and the Mission to Save 45 Million Addicted Americans 18 February 2019 \| CinemaRetro Book Review: "Through Her Lens: The Stories Behind The Photography Of Eva Sereny" 10 October 2018 \| TMZ Ringo Starr Says Beatles' Masturbation Sessions Were Before His Time Sexiest Female Movie Characters(1920s-1970s) Alliterative Attractive Actresses 'The Finals" (a.k.a. Lusciously Lovely Leading Ladies) Moore, Roger Moore Alliterative Attractive Actresses A through D (a.k.a. Lusciously Lovely Leading Ladies) James Bond couples Femme Fatales, So Lovely, So Deadly What's Cary Elwes' Most Shocking On-Set Moment? The newest "Stranger Things" star thinks back on his unforgettable career, including the surprising moment from The Princess Bride that he'll always remember.	cc/2019-30/en_middle_0064.json.gz/line1403
__label__wiki	0.995141	0.995141	Lady Beth Douglas, also known as Ling Ling, was the youngest daughter of Lord David, the 12th Marquess of Queensberry. Picture: Facebook @Ling Ling Douglas Teen aristocrat’s secret porn career by Alexis Carey 14th Nov 2018 4:41 AM A troubled 18-year-old aristocrat who died of a drug overdose earlier this year worked as a prostitute to make ends meet, her boyfriend has claimed. Lady Beth Douglas, also known as Ling Ling, was the youngest daughter of Lord David, the 12th Marquess of Queensberry. She was found unconscious in a Notting Hill apartment by her boyfriend Jenan Herzog Karagoli following a two-day drug and alcohol binge in early March, and died soon after. Last week, an inquest into Lady Beth's death heard she and Mr Karagoli attended a party on March 6. Mr Karagoli left his girlfriend of ten months to buy a bottle of wine at 8pm and found her asleep on the couch when he returned, The Sun reported. He also fell asleep but woke at around 1.30am and realised something was wrong. He called emergency services, but Lady Beth could not be saved. The inquest found she died due to cardiac respiratory failure and cocaine and heroin poisoning. Speaking with the Mail on Sunday, Mr Karagoli said Lady Beth, a talented violinist, had made money from prostitution and online sex videos before her death as well as from selling her underwear online for $AU53. "I knew about all this adult work, escorting, so on and so forth - but I kept my mouth shut," he told the publication. Mr Karagoli, who also used drugs, said the couple had fought about her sex work, which he was "disgusted" by. "I knew something had been happening but my mind was too clouded from the drink and drugs," he said. "I told her: 'I know what you're doing, you can talk to me about it. You don't have to hide things from me and, if you're desperate for money, I'll help.'" He said in the months leading to her death, Lady Beth performed dominatrix webcam shows and spoke to him about selling her underwear online. Lady Beth Douglas’ boyfriend said she had turned to sex work before her death. Picture: Facebook @Ling Ling Douglas "I now think all of this was a gateway to her seeing men in person," Mr Karagoli said. According to The Sun, the inquest heard Lady Beth had a history of drug and alcohol abuse and lived with several mental illnesses including bipolar disorder and emotionally unstable personality disorder. However, her father Lord Queensbury told the coroner he believed Lady Beth had not taken heroin before her death. "I am almost certain that this is the first occasion in which my daughter, who had taken a lot of drugs, but she had not had intravenous heroin before as far as I know," he said. "No one takes their first intravenous injection of heroin without assistance. Someone helped her and nobody seems interested as to who that is." Mr Karagoli also told the Mail his partner "had her demons". Lady Beth Douglas’ father said she died after taking heroin for the first time. Picture: Facebook @Ling Ling Douglas "A lot of it stemmed from losing her half-brother Milo to suicide. She loved him and would often tell me he was the only sibling to truly accept her," he said. She also claimed her family was afflicted by a "Queensberry curse" which dated back to 1298 when ancestor Sir William Douglas died in the Tower of London after joining William Wallace against the English. Since then, a number of descendants have experienced tragedy and misfortune, including Lady Beth Douglas' half-sister Lady Alice Douglas, married a convicted armed robber who cheated on her with an eu pair, and half-brother Milo Douglas, who took his own life in 2009 aged 34. editors picks porn prostitute premium_icon City newsagents flat out with $110 million Powerball News TOMORROW night Powerball is offering Australians the chance to win $110 million - the highest jackpot offered by an Australian lottery game. premium_icon Firey exchange as woman pleads 'undeniable, extreme guilt'	cc/2019-30/en_middle_0064.json.gz/line1406
__label__wiki	0.805472	0.805472	Aiia Maasarwe was studying in melbourne when she was brutally attacked. ‘Demons’ rapper admits rape, murder of student Aiia 7th Jun 2019 12:24 PM A wannabe rapper has admitted to the rape and murder of international student Aiia Maasarwe, who was killed after she got off the 86 tram in Bundoora in January. Codey Herrmann appeared via videolink in Melbourne Magistrates Court today over the January 16 attack, and when asked how he would plead to the charges of rape and murder, he answered, "I plead guilty". The 21-year-old Israeli student was on the phone to one of her sisters when Codey Herrmann, 20, attacked. She died from severe head injuries. "She was living a dream in Melbourne, a dream that ended up being worst (sic) than a nightmare," the sibling posted on Instagram a short time after the death. Unemployed Herrmann, who used the stage name McCodez to rap and posted various songs online, was arrested in a park in Greensborough, near where the murder took place. Nearby they found his derelict house, filled with rubbish, graffiti and smashed furniture. Codey Herrman has pleaded guilty to Aiia’s murder. Picture: David Caird Ms Maasarwe had earlier watched a show at The Comic's Lounge in North Melbourne, before catching the tram home. Herrmann's disturbing rap videos refer to becoming "one with the knife". In one song posted online, he says: "The real fight was keeping all the daemons in my mind on the inside. "The end time we all come to realise that's the real fight. "Those people that are left behind don't even know if I'm alive. "F - king with my mind. Become one with the knife." In another song, called Ender Daze, Herrmann raps: "It's something with my brain. "The doctors couldn't fix it so I'm legally insane … Throw it in the fire and watch it burn. "Watch the past slip away and watch them turn. Watch love turn to hate." When asked how he would plead to the charges of rape, and murder, answered: "I plead guilty." His matter is due to be listed for a directions hearing in the Supreme Court next Wednesday. Israeli student Aiia Maasarwe. Picture: Instagram Hundreds mourned at a vigil for Aiia Maasarwe at her school, La Trobe University. Picture: The Australian. The house where Herrman has been staying in Bundoora. Picture: Andrew Henshaw premium_icon Woman ‘repeatedly assaulted and tortured’ in 14-hour ordeal premium_icon $1.2b of ice seized in Australia’s biggest ever bust Accused Darwin gunman's massacre apology bundoora court crime murder rape victoria	cc/2019-30/en_middle_0064.json.gz/line1407
__label__wiki	0.543271	0.543271	Tag: proper rifle shooting stance Posts tagged “proper rifle shooting stance” Women Who Shoot Guns in Movies February 7, 2017 March 14, 2018 gun range, gun range near strip, indoor gun range, proper rifle shooting stance, tactical shooting stance Shooting is no longer a man’s game. Although men may have their fair share of action movie heroes, women who shoot are slowly taking over the big screen and the gun world. Here’s our list of top five leading ladies who have mastered their tactical shooting stance and their weapons, all while capturing our hearts. Women Who Shoot in Cinema Lara Croft, Tomb Raider Weapon: Twin Heckler and Koch USP Match pistols Angelina Jolie has played many kick-butt women in films, but her most iconic role is probably Lara Croft. Although Tomb Raider is an empire consisting of books, movies, and video games, Jolie’ bodysuit clad figure, adorned with hip holsters holding her signature pistols is the immediate image that comes to mind. Even if she carries pistols with her, don’t disregard her ability to show off a proper rifle shooting stance too. Trinity, The Matrix Weapon: Two Beretta 84FS Cheetahs Carrie-Anne Moss plays Trinity in The Matrix. Her weaponry is often minimal, but she can hold her own in a room full of agents with what little she carries. Film creators opted for a Beretta 84FS as opposed to a full-sized Beretta because Moss has small hands. She is also seen yielding a Micro Uzi in the film. Like many other women who shoot, Trinity is skilled in martial arts and hand-to-hand combat. Imperator Furiosa, Mad Max: Fury Road Weapon: Taurus PT99AF Charlize Theron is almost unrecognizable as Furiosa in Fury Road. Her mechanical arm does not stop her from taking her tactical shooting stance and fearlessly defending the wives of Immortan Joe. Eventually, Furiosa enlists the help of a tribe of women from “The Green Land,” where she grew up and kills Immortan Joe. Not only does she save his wives but the city he Shooting is no longer a man’s game. Although men may have their fair share of action movie heroes, women who shoot are slowly taking over the big screen and the gun world. Here’s our list of top five leading ladies who have mastered their tactical shooting stance and their weapons, all while capturing our hearts. Women Who Shoot in Cinema Lara Croft, Tomb Raider Weapon: Twin Heckler and Koch USP Match pistols Angelina Jolie has played many kick-butt women in films, but her most iconic role is probably Lara Croft. Although Tomb Raider is an empire consisting of books, movies, and video games, Jolie’ bodysuit clad figure, adorned with hip holsters holding her signature pistols is the immediate image that comes to mind. Even if she carries pistols with her, don’t disregard her ability to show off a proper rifle shooting stance too. Trinity, The Matrix Weapon: Two Beretta 84FS Cheetahs Carrie-Anne Moss plays Trinity in The Matrix. Her weaponry is often minimal, but she can hold her own in a room full of agents with what little she carries. Film creators opted for a Beretta 84FS as opposed to a full-sized Beretta because Moss has small hands. She is also seen yielding a Micro Uzi in the film. Like many other women who shoot, Trinity is skilled in martial arts and hand-to-hand combat. Imperator Furiosa, Mad Max: Fury Road Weapon: Taurus PT99AF Charlize Theron is almost unrecognizable as Furiosa in Fury Road. Her mechanical arm does not stop her from taking her tactical shooting stance and fearlessly defending the wives of Immortan Joe. Eventually, Furiosa enlists the help of a tribe of women from “The Green Land,” where she grew up and kills Immortan Joe. Not only does she save his wives but the city he once ruled over too. Selene, Underworld Weapon: A pair of Beretta 92FS sidearms Kate Beckinsale plays a vampire named Selene in Underworld. With the help of her signature Berettas, she defeats lycans in several films. The cruel death of her family sparked her plan of revenge. She exhibits tactical expertise in several films, escaping from situations that seemed nearly impossible. Alice, Resident Evil Weapon: Beretta 92FS Inox Mila Jovovich is another actress who has played several female empowering characters during her career. Alice is one of her most memorable roles and the lead in the films, which depict her conflict with the Umbrella Corporation. Like a couple of other women who shoot on our list, Alice knows Berettas do it betta when you’re in a tactical shooting stance. Join the Women Who Shoot at an Indoor Gun Range Women who shoot may have been born with a kick-butt mindset and some inherent talent, but their expertise came with practice. Master your proper rifle shooting stance at an indoor gun range near the Strip. Book your Vegas Machine Gun Experience online today.	cc/2019-30/en_middle_0064.json.gz/line1408
__label__wiki	0.86747	0.86747	Election Wrap-Up A look back at perhaps the most exciting and contentious election ever in Indonesia's recent history. Our contributing photographer shares some of his work in a photo essay. by Magdalene The election is finally over! Or so we thought on July 9, until both candidates declared victory. So, now we have to wait until the official count from the Elections Commission on July 22. That is if no candidate files legal action to the Constitutional Court for the results. We have seen the most divisive election in the course of the country’s history. But despite the quarrels between families and the ruined friendships, haven’t the past three months been exciting? Apathy and cynicism remain, but never have Indonesians been so caught up in politics that the issue overshadowed the World Cup and Ramadan. Perhaps it’s good to remind ourselves from time to time, that our democracy has become the envy of many nations, particularly the neighboring countries. The following photos by Toto Santiko Budi captured the election moments. Let’s take a look and remind ourselves how far we have come as a nation, while hoping for (and closely monitoring) the best result. Clockwise from top: Presidential candidate Prabowo Subianto, Golkar Party chairman Aburizal Bakrie, Golkar senior politician Akbar Tandjung, vice presidential candidate Hatta Rajasa, Indonesian Democratic Party of Struggle politician Rustriningsih. From left to right: Vice presidential candidate Hatta Rajasa, presidential candidate Prabowo Subianto, Golkar Party chairman Aburizal Bakrie, Golkar senior politician Akbar Tandjung. Clockwise from top left: Presidential candidate Joko Widodo, running mate Jusuf Kalla, PDI-P chairwoman Megawati Soekarnoputri, Nation's Awakening Party (PKB) chairman Muhaimin Iskandar (top), Megawati's daughter Puan Maharani and team, campaign spokesman Anies Baswedan. From left to right: Campaign spokesman Anies Baswedan, presidential candidate Joko Widodo, running mate Jusuf Kalla, PKB chairman Muhaimin Iskandar. Presidential candidate Prabowo Subianto and running mate Hatta Rajasa in a presidential debate. Presidential candidate Joko Widodo and running mate Jusuf Kalla in a presidential debate. The 'Salam Dua Jari' (victory salute) concert attended by at least 80,000 supporters of Joko Widodo at Bung Karno Sports Stadium in Jakarta. A banner filled with signatures of Joko Widodo supporters at Bung Karno Sports Stadium, Jakarta. Candidate Joko Widodo and wife Iriana casting their votes in Central Jakarta. People casting their votes at polling stations in Jakarta. Elderly people casting their votes in a polling station in Jakarta. Vote counting process at a polling station in Jakarta. Tallying process at a Jakarta polling station. An election officer checking a ballot paper. Presumed president-elect speaking before the crowd in Central Jakarta following the announcement of the unofficial results. Presumed president-elect Joko Widodo speaking before the crowd following the announcement of the unofficial results of the election. About Toto Santiko Budi Toto is a freelance photographer based in Jakarta who has documented some of the most important events in the country’s recent history. 2014 Election Pemilu 2014 Politics Horror and Hopes in the Tsunami Aftermath - 10 Years On by Tomi Soetjipto – December 23, 2014 Keep Your Hands off Me: Fighting Street Harassment by Hannah Al Rashid – August 29, 2014 Kartini the Forgotten Nationalist by Devi Asmarani – November 1, 2013	cc/2019-30/en_middle_0064.json.gz/line1410
__label__wiki	0.567611	0.567611	Mage in a Barrel An Anime Blog for Those Who Want to Find Magic in Unexpected Places Current Watchlist Ongoing Anime Rankings Reviewed Anime List The Top 25 Anime List The Top Anime of 2015 January 7, 2016 January 7, 2016 iblessall 5 Comments In my humble opinion, it’s always best the let the year sink in a little bit before making a list that declares the top anime of any given year. And so, that’s exactly what I’ve done—allowed my favorites of the year to pickle in an aging pot for a while before taking them out and shipping them off to be sold…err, sorry. Too much Harvest Moon these days. Anyways… To see how things shook out during the year, check out my final rankings posts for each season. Winter 2015 \| Spring 2015 \| Summer 2015 \| Fall 2015 So, without further distraction, I present my top anime of 2015! Here’s the Best Girl of 2015 to kick things off! Garo: Honoo no Kokuin Working!!! While these six shows didn’t make it on to the final list, all them have at least a few characteristics to get them here. KanColle was—hands down—the best “cute girls doing cute things” show I watched all year, mixing fluff, action, and bad drama in just the right amounts. Assassination Classroom turned out to be a surprisingly rich thematic piece, while Garo gave us Leon Luis’ wonderful character arc. Classroom Crisis didn’t quite turn out to be the spiritual successor to Build Fighters that I’d hoped for, but it was still cute and fun to watch, and Your Lie in April was alternately moving and frustrating—but never boring. And, finally, Working!!! concluded its five-year television run with a wonderful finale special capping a great third season. And now…on to the main event! #10. Death Parade Death Parade did well—it avoided going for the cheap thrills of human ugliness for their own sake, instead taking them and using them to explore the essential, unavoidable loneliness and lack of understanding that arises simply by being human. And, perhaps more importantly, it reaches into that loneliness, into that isolation, and demonstrates that—against all odds—we can find some genuine and worthwhile connection within it. And, of course, there’s a certain level of artifice to all this: as there should be. An inhuman doll judge. A human who lost her memory. Not only far distant from each other, but from their own humanity at the start of the show. But by the time Decim cries, we’re privileged to see how, in their drawing together, he and Kurokami’s experience of each other’s own personhood bestows upon them a humanity beyond what they had alone. It’s quiet and personal, yet it’s also majestic. Grandiose on the level of humanity at large. And that sort of generous look at the reality of human bleakness is something rare, and important. That Death Parade does this all within the construct of afterlife judgement in the form of achievable redemption or chosen condemnation, yet still manages to project sympathy for the unfairness of a system that demands inhumanity… it is perhaps more than elegant. It is perhaps a radiant reflection of the human capacity for light. I like that. Here’s my reflection on Death Parade. #9. Akatsuki no Yona Akatsuki no Yona is a series similarly grand, but in a quieter, more demure sort of way—despite its nature as a mythic hero’s journey and (superficially) a reverse harem. With every small step Yona takes forward, the show sees the internal strength it requires, and elevates her courage, persistence, and kindness above the physical strength of her companions. And yet, it does all this without forgetting, trivializing, or commodifying Hak or the Dragons—each of them is marked by his own struggle with fate or destiny or freedom, with the inexorable pull of Yona herself and the legendary king she represents. These kinds of riffs on the mythic structure of destiny and Yona‘s reflections on the myths of society and power and the strange things of the world make Akatsuki no Yona more than just the story of a girl finding herself on a journey to survive and, maybe someday, reclaim her kingdom. It’s also a winding reflection on the motivations that move people in the contexts of such large schemes of action, and about the way those forces affect us. And that’s a cool thing. Here’re my episodic write-ups of Akatuki no Yona. #8. Gatchaman Crowds insight Hajime Ichinose is some kind of important person. I don’t mean that frivolously. I mean that in a serious way. It takes a bold show to allow your first season’s protagonist to sit back and watch and think for almost an entire season before acting—and to allow her, when she acts, to chose an action that is simultaneously heartbreaking and inspiring. I love Hajime—and she’s not even all Gatchaman Crowds insight has going for it. Beyond Hajime, there’s the rest of the cast and their unique perspectives on the world, the show’s neat visual aesthetic, and its fascinating ideas on humanity, society, and how we communicate with each other. There’s a kind of boldness to insight that, while present in the show’s first season, I really find exemplary. If Death Parade was a look at human darkness on an individual level, insight is a similar look on the societal level. It scans the human population and finds laziness, a lack of agency, boredom, cruelty, lack of commitment, and general apathy—all of which is horribly, awfully true. And, despite that, insight also finds hope in our individual capacity to learn and grow, without entirely demonizing the good intentions that get us into messes. Rather, insight asks us to seek always for further insights, not for their own sake, but for the sake of understanding—and making the world a better place. #7. Shirobako It seems a long time since Shirobako ended with Aoi Miyamori giving a speech about candle flames following the successful completion of Third Aeriel Girls’ Squad. Some of the immediate charms has faded away, but what hasn’t is Shirobako‘s enduring belief that hard work and passion can make even the most tedious of tasks a little easier—and that, when we look back on it all, we may very well have accomplished something beautiful. In a world where work is often seen (by myself included) as a heavy, annoying obligation, Shirobako finds dignity in even the most unrewarding, unappealing job in the anime industry. But I guess, really, Shirobako is more about the journey that it is about the end result. You take a thousand tiny to steps to get somewhere, and sometimes you forget them once you reach the end. Shirobako remembers the steps, immortalizes them through its endearing cast of characters—and, for me, most potently in the character of Aoi Miyamori. I won’t go off on another speech about Aoi, but I really do consider her to be a microcosm of Shirobako as a whole: a bit harried, a bit stressed, devoted and loyal, and ultimately triumphant in the small success more than in the big. That kind of smallness is rare and, I think, special. Here’re my midshow thoughts on Shirobako, which I stand by as applicable to the show as a whole. #6. Oregairu 2 Oregairu‘s first season followed a loner trying to be a loner and failing. Oregairu’s second season follows a loner who realizes…being a loner isn’t all that great. When I finished Oregairu—well, really even before I finished—I was finding myself doing a lot of self-reflection. About where I was, about where I used to be. About where I wanted to go. And I think that part of Hachiman’s journey, specifically, represents the reason by Oregairu 2 is showing up on this list. If season one’s Hachiman was in denial, season two’s Hachiman realizes he wants more—and not necessarily in a selfish way. It’s simply a new understanding of who he is as a human person and what he’s built to need in life. We can only lie to ourselves for so long before the illusion shatters, and watching Hachiman and Yukino and the radiant light that was Yui Yuigahama during Oregairu was like watching the facades of outer strength come crashing down, replaced with the deep wells of vulnerability that none of us can ever truly avoid. There’s something to be said for Oregairu‘s courage in tackling this difficult, frightening part of the human experience, but there’s also a whole lot to be said about how well this season of the show pulled it all off. And, because I can’t let this go, Yui is my favorite. She’s sunshine in the hardest of times, she refuses to give up on her friends, and she’s willing to be hurt to get what she selfishly, generously wants. Thank goodness for Yui. #5. Is it Wrong to Try to Pick Up Girls in a Dungeon? Call it the little show that could. From the director of Kill Me Baby, comes Is It Wrong to Try to Pick Up Girls in a Dungeon?, a quaint little light novel adaptation that ultimately turned out to be one of the coziest, most heartwarming anime I’ve ever seen come out of this formula. Despite the enduring presence of the tropes of the genre and the looming specter of the show’s title, Danmachi (an abbreviation derived from the Japanese title) managed to deliver a story that was far more about family, affection, love, and acceptance than about picking up girls or even being the strongest warrior ever. Bell and Hestia rest at the center; their relationship is the heart and soul of Danmachi. But because their little family gradually expands over the course of the show, and because the strength of their bond both pulls them together and compels others to support them, it’s more than just a comfortable show about two cute characters who are good to each other. It’s also a show about the power of trust and affection and love in relationship with others, and about the strength that kind of connection can grant. It’s the old anime standard, “I can fight because my friends support me,” but played out in a far more convincing way thanks to the genuine chemistry between the show’s two leads. Also, Bell was cute. Here’s my post on what makes Danmachi work. #4. Akagami no Shirayuki-hime Akagami no Shirayuki-hime is a sweet series. But more than that, it’s something of a model, an ideal. Although we may dream of finding the perfect man or the perfect woman to fall in love with, often the dream fails to capture the underlying difficulties. Shirayuki-hime doesn’t forget this. The slow, gradual tale of two good people falling in love and wanting the best for the other, it’s rose-colored without being overbearing, delicate without being oversensitive, thoughtful without giving in to the indulgence of over-contemplation. Worry, love, action, reaction, choice. These are the elements that make up the romance of Shiryuki, the herbalist, and Zen, the prince. I would not ascribe to Shirayuki-hime the label of “ambitious” that I bestow upon other favorite shows of mine. Rather, Shirayuki-hime is a quiet, peaceable existence on its own. Beyond the romance, it brushes past ideas of social classes, friendship, insecurity, dreams, and agency—and these are complementary flavors to the sweetness of commitment and care, rather than dominant traits in their own right. Amidst the glow of love, we see all the other elements of Zen and Shirayuki’s characters in a softer light. We seem them carefully together, and yet distinctly apart. And, besides all this, with Masahiro Ando’s deft directorial touch steering the story, Akagami no Shirayuki-hime truly blossoms into something special—an herb of warmth and light. #3. Owarimonogatari The Monogatari franchise being good is more or less an expectation at this point, but with SHAFT’s adaptation finally returning to steady seasonal material, Owarimonogatari felt like the return of an old friend. Just as Shinobu returns to Araragi’s side, Owarimonogatari returns. And despite the notable absence of the franchise’s signature apparitions, there was no corresponding lack of reflection on humanity. On the ways we fool ourselves, the lies we tell ourselves, and contortions we go through to avoid facing the painfulness of truth. It wasn’t pretty (not the show, the visuals looked great), but it was real. And it was something I appreciated hearing. And, uh, that’s about all I have to say about the third best show of 2015—it’s just more really good Monogatari being really good. What else could I really ask for? Here are my first and second essays on Owarimonogatari. #2. Blood Blockade Battlefront Studio BONES picks up its second entry on this list with Rie Matsumoto’s adaptation of Blood Blockade Battlefront, a stormy romp through the streets of an alternate universe’s New York City—a stylish, fun, hilarious, and ultimately poignant exploration of one young man’s evolution from shy, but brave junior journalist to a confident, brave friend. As disjointed as BBB feels at times, it’s ultimately held together (by a thread at times, I’ll admit) by Leo’s everyman charisma, by his “nice-guy-but-not-so-nice-he’s-got-no-personality” demeanor. And it’s not just the scenes of him getting dunked on by Zapp that make him great—it’s the image of him howling “WHIIITTEEEEE!” to the skies, the heroic coming of his empathetic, kind nature played out through his eyes that see. Of course, it’s not as if Leo is the only redeeming factor for BBB. Director Matsumoto’s vision for the show as more than just a simple action slice-of-life and her distinctive visual style (and the wonderful soundtrack by Taisei Iwasaki) bring the show to life as an audio-visual treat. In the end, I don’t think there was a single show this year that I had more fun with that Blood Blockade Battlefront. And so, here it is. #2. Here are my (incomplete) episodic write-ups on BBB‘s cinematography! #1. Concrete Revolutio You might be tempted to wonder if Concrete Revolutio is sitting up here at the top of the pack due to recency bias. Let me dispel that notion immediately: Concrete Revolutio is the best anime of 2015, hands down and no questions asked. It’s sprawling, ambitious, bold, and manages to straddle the line between being both heavily intellectual and deeply personal. Concrete Revolutio is a show about the ways we see and understand the world, but it’s more than that. It’s a show about the immense difficulties of seeing those understandings enact in the world at large and about the struggle to know (and do) the right thing. Best of all, it’s only half done. Ordinarily, this would disqualify a show from even being considered on this list, but Concrete Revolutio attempts (and achieves!) so much in its first half that it might as well be a full show on its own. It’s the show I have the most affection for out of this year. I love every show on this list, but Concrete Revolutio is one of those shows I watch anime for. And, most importantly, this list just wouldn’t have felt right without Concrete Revolutio. You heard it here folks. Concrete Revolutio is the best anime of 2015. Rankings2015, Akagami no Shirayuki-hime, Akatsuki no Yona, best anime, Blood Blockade Battlefront, Concrete Revolutio, Danmachi, Death Parade, Gatchaman Crowds Insight, Oregairu 2, Owarimonogatari, Shirobako ← Aniwords – The “Best” Anime of 2015 (Part 2) First Impressions: Winter 2016 Anime (Part 1) → 5 thoughts on “The Top Anime of 2015” frank, (@arusore) says: great list, and “Thank goodness for Yui.” captures my feelings exactly Artemis says: I didn’t like Concrete Revolutio, but I’m very okay with the fact that other people did. 🙂 Otherwise, happy to see that Death Parade, Akatsuki no Yona, Akagami no Shirayuki-hime, and Blood Blockade Battlefront all made it on your top 10 list. Death Parade is at number 10 on my list too, if I can finish writing it. XD Wish I could have seen Yona and Shirobako in time to include them, I know I would have really liked both! Dawnstorm says: For context, here’s my list: [DISCLAIMER: This list doesn’t include Conrecte Revolutio. I see it as a split cour, which means it’s an ongoing show, and thus not eligible according to my own criteria. It would come in at spot (3), if you’re curious.] (10) Shimoneta [I loved the first episode; episode 4 had a stellar turning point, but it turned in the wrong direction – going for cheap serial jokes rather than satire when there was a choice. Would have been higher on the list, otherwise. Downside: sometimes dirty jokes just aren’t funny…] (9) Shokugeki no Souma [Excellent food scenes that can actually make you hungry; great visuals; distinct characters facing off against each other Saki-style; Good fun.] (8) Parasyte [Was very strong in the beginning, when it was all about the difference between two species who are forced into symbiosis because the parasitism attempt failed; sadly it went down the shounen route with a disappointingly cliché concept of “humanity” and no real appreciation for alien sentience. Would have been higher otherwise.] (7) Junketsu no Maria [Surprisingly nuanced show with a surprisingly visceral depiction of war. Downside: while Bernard was originally an interesting character, I was a bit confused by his devolepment and conclusion, which seemed to hint at a repressed secular humanism that felt – in this form – like an anachronism. I also never quite understood how the show interpreted angels, since Michael and Ezekiel are worlds apart. Other than that, I loved the show.] (6) Non Non Biyori Repeat [A second season that improved on the first season. No downside at all. Very pretty, very calming, very likable.] (5) Hibike! Euphonium [So KyoAni can still make good shows. Who knew? I remember most people saying they liked the show better once the plot got going, but I’m the other way round – I thought the first half was a lot better. Downside: Minor cutesy issues – the remnants of KyoAni’s K-on virus. Nothing else.] (4) Gakkou Gurashi [The way this show used its contrast between the slice-of-life and zombie genres was masterful. People said the manga was better, so I was curious and checked it out. I personally see what they mean, but the contrast – in the manga – was a typical genre thing – there’s nothing special about girls and zombies; it’s well within the parameters of anime/manga. The manga worked better as SF and had more consistent characterisation – but the changes the anime drew attention to the escapism of Yuuki’s school-fantasy in a meta-way that the manga didn’t reach. The manga and anime are different experiences (though very close plot-wise), and thus hard to compare. From the first-episode to the twist, the anime kept me on my toes. Downside: Slice-of-life/fanservice inserts came with diminishing returns, weakening the show towards its end.] (3) Yurikuma Arashi [The bears were creepy and cute at the same time, and the show used the tension that arose from that to open you up and insert drama. There’s no happy ending, but there’s hope.] (2) Oregairu 2 [Hardest watch in a long time. Oregairu knows what it’s doing.] (1) Rolling Girls [A lovely show that celebrates avarage people being avarage by putting them into an extraordinary world and populating crowdscenes with character designs that get almost as much care as your protagonists.] Honorable mentions: Monster Musume, Akatsuki no Yona, Re-Kan, Working!!! My criteria are strictly personal. There’s a good test: on a re-watch, how nostalgic do I get? There are some surprises: For example, I seem to have enjoyed [i]Re-Kan[/i] and [i]Mikagura School Suit[/i] more than I noticed at the time of watching (sometimes you’re attention is drawn to the eye-roll-inducing flaws, so you miss the cosy background radiation that puts you at ease – it’s the tsunderre mode of watching anime, heh.) I wasn’t that taken with Death Parade: it took twelve episodes to arrive at a point that should have been the show’s starting point to make the show interesting. It also made me feel that what kept me guessing was unintentional. It’s incoherent, it’s messy, and where it makes sense it’s boring. It was pretty and stylish though, so watching it wasn’t a waste of time. Obvious disjunct between me and the makers of the show. I loved Akatsuki no Yona, although I thought it’s first few episodes were also the best the series ever was. I found it a bit lacking near the middle, but it made a strong come back, and I do hope they’ll make a season 2. Also, Yona is an outstanding performance from Chiwa Saitou. I dropped Gatchaman Crowds insight. I was fine with the first season, but the second just rubbed me the wrong way. Shirobakko was great fun to watch. I personally would have enjoyed the show more had they taken out the “five friends want to make an anime together” angle, since that didn’t get enough focus to make it worthwhile, and it’s just not all that interesting. In addition, comparing the five friends’ character designs to rest of the cast, they almost feel like palette swaps. The rest of the cast makes the show worthwhile (and Miamori Aoi herself is great at carrying the show). Oregairu 2 is at my place 2. Need I say more? Danmachi was good fun. I remember it with affection. Didn’t like it’s finale, though. Akagami no Shirayuki hime is too much of a text-book romance for me, and the balance between “What is it like to be in love with a prince,” and “What is it like to be a herbalist” doesn’t tilt the way I’d like, but then it’s a romance, so that was to be expected. I remember you praising the way the show used the soundtrack – but I didn’t feel that. Not because I think the soundtrack failed, but because it achieved something I didn’t want it to achieve: it generally heightened the idealistic feel of it all. (Very much like a Disney soundtrack might, or in anime terms – if I remember correctly – Soredomo Sekai wa Utsukushii.) Owarimonogatari: isles of brilliance in a sea of tedium. I rate it highly, but watching it was a chore. Blood Blockade Battle Front clearly wins the setting-of-the-year price from me, but the individual episodes were too uneven in interest to rank in the top 10. My favourite episodes were burger’n’spores and Aligura drives a monster truck. And Concrete Revolutio would have made #3 had it not been a split cour (which means it’ll make my top 10 next year, unless 2016 is a very exceptional year). WingKing says: So let’s see…your list has five Funimation shows (which I normally skip), three sequels to shows I’ve never seen, one show I’m planning to get to very soon (Shirobako), and Danmachi, the one show I actually did watch. The big problem here is Funimation, because I would’ve gladly watched Death Parade and BBB, and probably Concrete as well, if they’d gone to Crunchyroll (and for sure I would’ve finished Assassination Classroom ages ago, instead of still languishing halfway through the first season). Hell, I TRIED to watch Death Parade and BBB anyway, ads and delaycasts be damned, and got told with both of them because they’re “17+” shows to shove off unless I registered (which I don’t want to do…yes, I know Funi has a “free” access level and no, I don’t care). Now I did just recently become aware of other legal options for them (Hulu will let me watch BBB and Death Parade without registering, and Daisuki has Concrete), but it’s going to be the usual issue of trying to find the time and motivation to do it now that they’re not “in season” anymore, especially when I already have a huge backlog to work on. Anyway, enough of my saltiness about Funimation. These were my favorite shows of the year that I actually did see – there’s only nine of them because there were only nine out of the twenty I finished that landed in the top three tiers of my ongoing list. Probably no surprises here for anyone who’s been reading my posts all year. Third Tier #9: Hacka Doll. The one and only fall show to sneak in here; I gave my thoughts on it last week. #8: Wish Upon the Pleiades. My opinion of this show has risen since it ended and I had time to fully digest it, and I’ve pulled it back up on CR to watch favorite scenes again probably at least a dozen times by now. This is one show that I’ll definitely buy if we get a North American DVD. #7: Magical Girl Lyrical Nanoha ViVid. Another show I’d buy if North America ever got a DVD, but we won’t (for some reason this still isn’t even out in Japan yet, never mind getting it here). At least I still have my fansubs, so I can go back and re-watch the supercool Einhart/Corona fight (my favorite fight of the year) whenever I want to. #6: Your Lie in April. I didn’t have the complicated feelings about it that you did. I simply found that the central story and the drama it aimed for didn’t work as well for me as it did in other comparable shows of this type. I couldn’t put YLIA any higher because of that, despite the many other things that it did do really well. #5: Kaitou Joker season 2. “Steady, fun, and consistently well done” is how I describe the first two seasons of this show. It’s too bad the “kids show” tag means the larger anime community is mostly ignoring it, but if it keeps up the level of quality it’s shown so far, I will happily keep watching for as long as they keep making new seasons. Season 3 starts this spring, and you can be sure it’s on my list. #4: Is It Wrong to Try to Pick Up Girls in a Dungeon?. For all the reasons you covered, plus being such a pleasure to watch. Danmachi is also proof that fantasy Light Novel adaptations don’t all have to be tired, disposable ads for the print property, as long as the people involved in the production have some skill at actually adapting the story to anime form and the motivation to do so. #3: Food Wars. Possibly the best JC Staff series since Toradora, and another show where I’m really looking forward to the second season. They haven’t announced when it’ll start airing, just that it’s on the way. Second Tier #2: Saekano. Second season comes out this fall, and I’m excited both for more Kato awesomeness and to see where the story goes. Even more than Food Wars, Saekano really needed a second season, since the kids weren’t even close to completing their video game by the end of season 1 and the last main girl had barely been introduced at that point. I might buy this DVD, but it’ll depend on the price and a few other factors, including the quality of season 2. First Tier #1: Sound! Euphonium – Beautiful animation, terrific story, and two of the best characters of the year. And a show that also demonstrated yet again why I’m perfectly happy with NOT being on social media, as I was free to fully enjoy the show without having the experience tarnished by all the fandom drama. A no-brainer buy if it had been licensed by anyone other than Pony Canyon, but good as it is, this show isn’t worth $200 to me. If they offer us a standard edition release for a more reasonable price, I’ll consider it. For a few other 2015 bonuses… My top five favorite pre-2015 anime shows that I watched in their entirety for the first time: #1 Silver Spoon, #2 Hyouka, #3 Anohana, #4 Cardcaptor Sakura, #5 Angel Beats My favorite re-watch of the year (minimum 3 years since the previous watch): Gunslinger Girl My three favorite feature films that I watched for the first time: #1 Spirited Away, #2 A Letter to Momo, #3 Redline The three best short films that I reviewed for my Short Anime Spotlight project: #1 La Maison en Petits Cubes, #2 Pale Cocoon, #3 Poulette’s Chair Subscribe to Mage in a Barrel! Join the Mage in a Barrel community! 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__label__cc	0.575867	0.424133	NEWS ARCHIVES - ARTICLES Feature Grand Prix Valencia Event Information Posted in Feature on August 16, 2013 Grand Prix Valencia is brought to you by Gordian Knot Games. Live Video Stream Information Tournament Byes Official hashtag: #MTGgpval Date: November 8-10, 2013 Format: Theros Sealed Deck and Booster Draft Tournament Location Feria Valencia Avda de las Ferias s / n Registration: €50 Friday, November 8: 14:00 to 22:00 Saturday, November 9: 8:00 to 9:00 Get your promo card by playing in the Grand Prix (while supplies last). Valencia is one of the most exciting cities on the Mediterranean and an amazing backdrop for a Grand Prix. There are plenty of clubs and bars that you can visit should you want a break from flopping cards plus the Spanish climate, hospitality and, of course, food. But we hope that there will be enough inside the event hall to keep you entertained. Not only will you be able to win great prizes but you'll also have a chance to win a slot in the coveted Super Sunday Series. SEE LIVE COVERAGE Follow live streaming video coverage of Grand Prix Valencia at DailyMTG.com and Twitch.tv with Matej Zatlkaj, Simon Görtzen, Rich Hagon, and Steven Leeming. The live video stream will start at approximately 2:30 p.m. local time / 12:30 p.m. GMT / 8:30 a.m. ET. The Magic: The Gathering Grand Prix tournament series is a great reason to get out into the Magic tournament community, catch up with old friends, meet some new ones, and play some great Magic. Grand Prix tournaments are world-wide open events that allow all Magic players to participate and experience the thrill of a large-scale competition. In addition to cash prizes, a high Planeswalker Points multiplier, and exclusive foil promo cards for participants, Grand Prix feature a host of other activities, including side events and artist signings (prizes subject to change). Find out more about the Grand Prix tournament schedule here. Tournament Format and Schedule Place Prize Money Pro Points 1 $3,500 8 3-4 $1,500 5 9-12 $600 3 13-16 $500 3 Top 4 finishers also earn invitations and airfare to Pro Tour Born of the Gods in Valencia (February 2014). If Grand Prix attendance is 1,200 or more, Top 8 finishers earn invitations and airfare, and all players with 39 or more match points who do not make Top 8 earn invitations. All prizes displayed in U.S. dollars. Prizes subject to change. Participation Fee: €50 Registration and Schedule Friday, November 8: Registration from 14:00 to 22:00 Saturday, November 9: Registration from 08:00 to 09:00 Saturday, November 9: Grand Prix Valencia begins at 09:30 Sunday, November 10: Day Two begins at 09:00 The main tournament at Grand Prix Valencia is open to Magic players of all ages. Players must have a signed publicity and consent form to be included in Wizards of the Coast's official online event coverage and be eligible to receive prizes. Forms can be downloaded here (100k PDF) and will be available onsite. Minors must have a parent or guardian's signature on this form. Consent forms are usually collected during registration (contact the event organizer for details). Tournament Format Day 1: Sealed Deck Day 2 and Top 8: Booster Draft Sealed Deck Product: 6 Theros boosters for Day 1 sealed deck Booster Draft Product: 3 Theros boosters for Day 2 and Top 8 Draft Deck lists are required. If product is not stamped or preregistered, deck registration and deck swap will be performed for the Swiss Sealed Deck. Tournament Structure Modified Swiss-style (50-minute rounds). If 799 or less players register for the event, all players with an X-2-0 record (or better) or the top 64 players – whichever is greater – advance to the second day of competition for prizes and invitations. If 800 or more players register for the event, all players with an X-2-0 record (or better) or the top 128 players – whichever is greater – advance to the second day of competition for prizes and invitations. The Top 8 players after the final Swiss round on Day 2 will advance to the Top 8 single-elimination finals. Top 8 matches will be best 2 of 3. Top 8 matches will have no time limit. The Top 8 players will be seated randomly at the draft table immediately prior to drafting. The Top 8 bracket will be determined using this random seating. Where necessary, the standings after the Swiss rounds will still be used to determine final order in the standings. For the first game of each match in the Top 8, the player that finished higher in the Swiss rounds chooses either to play first or to play second. For subsequent games in each Top 8 match, the usual Play/Draw rule applies (loser of the previous game decides whether to play first in the next game). The Head Judges for Grand Prix are Cristiana Dionisio and Jason Lemahieu. Judges interested in working at this event should submit an application through the Magic judge website. Planeswalker Points multiplier 8x, Rules Enforcement Level (REL) is Competitive on Day 1 and Professional on Day 2. The Magic: The Gathering Tournament Rules and the Magic: The Gathering Infraction Procedure Guide are in effect for this event unless specifically overruled by information in this Format Document. Rules documents can be found in the Magic Document Center . Players are responsible for bringing their own method of tracking life totals, card sleeves, and appropriate counters or tokens. In the event that a player who wins an invitation to a Pro Tour stop at a Grand Prix has already qualified for an invitation, the invitation does not pass down under any circumstances. Previous qualification may be through a Qualifier tournament, through performance at a professional tournament, or by being an invited DCI player (valid upon the date of the official rank announcement for the appropriate professional tournament). Byes earned through Planeswalker Points are calculated using the Planeswalker Point totals from all reported events as of the Wednesday immediately before the Grand Prix. (For Grand Prix Valencia, the cutoff date will be November 6.) Points earned in tournaments held at the Grand Prix event site do not count toward earned byes at that Grand Prix. Byes will be given to players in the Grand Prix based on the following criteria: Third-Round Byes Players who have accumulated at least 1,500 Planeswalker Points in the 2013 Seasonal Award Season #2 (March 18, 2013 – August 11, 2013) Players who have accumulated at least 1,500 Planeswalker Points in the 2013 Seasonal Award Season #3 (August 12, 2013 – December 1, 2013) Players with a Pro Tour Players Club level of Gold or Platinum Members of the Pro Tour Hall of Fame Second-Round Byes Winners of Grand Prix Valencia Trial tournaments. Players who have accumulated at least 750 Planeswalker Points in the 2013 Seasonal Award Season #2 (March 18, 2013 – August 11, 2013) Players who have accumulated at least 750 Planeswalker Points in the 2013 Seasonal Award Season #3 (August 12, 2013 – December 1, 2013) Players with a Pro Tour Players Club level of Silver First-Round Byes Trial winners Winners of a Trial tournament are awarded 2 byes in the Grand Prix that it feeds. Trial byes are not cumulative with other byes and do not pass down. Byes are not cumulative throughout the season or year. Byes do not pass down under any circumstances. Players who accumulate multiple byes to a particular Grand Prix tournament receive only the bye for the greatest number of rounds. For complete information about Grand Prix byes and their corresponding competitive season, please check the Magic Premier Event Invitation Policy. Along with the main event, there are additional side-event tournaments to play in at a Grand Prix. Listed below are the side events offered at all Grand Prix on Friday, Saturday, and Sunday. Additional events and a full schedule can be found on the Gordian Knot Games website. All side events will have a Planeswalker Points multiplier of 3x. For those that haven't tried it yet, Duels of the Planeswalkers Xbox LIVE® Arcade will be available to play throughout the event. Last-Chance Trials Earn a valuable Two-Round bye by winning one of the Last-Chance Trials. Last-Chance Trials are 32-person single-elimination events, starting as soon as 32 players register. For more info, check out the Byes section of this page. "Foiled Again" A straight Swiss tournament lasting three or four rounds. Participants get 1 past promo card for playing, then one additional promo card per match win. Format varies by event. Magic Game Show On Friday at 8pm we start the Magic Game Show starring Richard Hagon. Registration is free and you can win some cool Magic goodies. Teams can be comprised of between 1 and 4 people. Value Drafts Enjoy a special discount on pick-up drafts on Saturday. Actual times and prices vary by event. "Rebound" Event Format at organizer's discretion. The winner(s) earn free entry into the "Super Sunday Series" (see below). Players who also played in the main Grand Prix tournament will get a discount for entry. Super Sunday Series Qualifier tournaments for the Super Sunday Series will be held at each Grand Prix. The Top 4 players in the Super Sunday Series qualifier will each be awarded a special Grand Prix messenger bag. The winner of the Super Sunday Series qualifier will earn an invitation and travel award for the Super Sunday Series Championship, to be held in February 2014 in Seattle with a prize purse of $20,000. The Super Sunday Series Championship experience also includes a tour of Wizards of the Coast, dinner with Wizards employees, and more. See the Sunday Series info page for more details. Igor Kieryluk and Karl Kopinski will be attending Grand Prix Valencia. Magic card art by Igor Kieryluk Magic card art by Karl Kopinski Arriving by Plane VALENCIA INTERNATIONAL AIRPORT: +34 961 598 500 www.aena.es Distance from the airport to the city centre: 8 Km Approximate cost of an Airport-Valencia city centre taxi: 20 Euros Valencia is connected daily with Barcelona through Alaris, Euromed and Talgo in less than four hours. The new train station Joaquin Sorolla (long distance) is 8.5 km. (17 minutes approx) drive from the exhibition center and Valencia Nord station is 7.4 km. (15 minutes approx). Both stations have a taxi stand and are connected together with a free bus service. You may want to get the VLC Tourist Card at the Tourist Info office at the airport and enjoy unlimited, free public transport around the city (including the Valencia-Airport route). It also offers great discounts on museums, leisure activities, shopping and restaurants. More info at www.valenciatouristcard.com Tournament Organizer: Glen White (Gordian Knot Games) Email: Glen@GordianKnotGames.co.uk Phone: +44207 193 6603 Top 64 payout information: GPPrizes@GordianKnotGames.co.uk Magic Online Announcements, July 9, 2019 Wizards of the Coast Every Tuesday, we round up all the biggest Magic Online news for the Weekly Announcements Blog. MAGIC DIGITAL Core Set 2020: Magic Online Edition Alli Medwin Lots of changes are coming to Magic Online with the release of Core Set 2020, and Alli has all the details. Magic at San Diego Comic-Con 2019! by, Wizards of the Coast Fans, creators, and some of the biggest names in entertainment are descending on San Diego now for Comic-Con, and so are we! If you're in town for the convention, be sure to swing by the ... Core Set 2020 Prerelease Primer by, Gavin Verhey Old favorites. New pals. Lots of Chandra in your face everywhere. That can only mean one thing: it's time for Core Set 2020! Whether you're new to slinging spells or a seasoned Planeswal... Feature Archive	cc/2019-30/en_middle_0064.json.gz/line1412
__label__wiki	0.852747	0.852747	Music Review: Montreal Band Noko Comes, Goes, and Gets Calm Too Posted on January 17, 2015. Written by Brian Clarke It Comes, It’s Calm, It’s Gone, the debut full length by Montreal based alt-rock band Noko, is a gorgeous album. Its slick production and cohesive songwriting successfully blends multiple influences into a peaceful and pretty rock record. Even the album’s most feverish moments, due mostly to upbeat and complicated drum patterns, are given a calming effect by the subtle vocal contributions of the band’s three vocalists. A good example of this duality can be found at the 1:25 mark of Pull. Its rocking crescendo leading into a bouncing rhythm is accompanied by emotional and moaned lyrics that shed light on one of the band’s most obvious influences, “God, I wish it was the ’60s.” This comes at the perfect moment, when the album’s dreamy atmosphere begins to sound dull and as a result, lose the listener’s attention. Much of this record has a hazy psych-rock vibe with a slight folk sound that became synonymous with the aforementioned decade. The following track, Brother, is a beautiful acoustic guitar-based song that would sound at home on a City & Colour album, distancing itself slightly from that comparison with the addition of choir-like background harmonies. The mournful Mormo is cloaked in a darkness not found anywhere else on the album. The quick and staggering pace of its drum parts create a feeling of anxiety compounded by fuzzy, distorted guitar riffs. The tension created by the two is eventually eased with a slow and beautiful moment of clarity where the vocalist sings, “I don’t think that I’m dreaming now.” The abrasive guitar tones make another appearance on Sunshine, giving it the air of a very mild My Bloody Valentine song. Leviathan opens with the impressive skills of drummer Joel Massinon, playing with a distinct jazz flair, an influence found in other parts of the album particularly in 24’s lead guitar riff. The rest of the song matches the album’s other psychedelic, effects-drenched moments. The album’s closer Emily is its most beautiful track. It keeps the listeners on their toes by switching from a quiet and ghostly calm that is somehow felt rather than heard, into a loud and almost demented bluesy gospel portion. Despite its occasional and necessary louder moments It Comes, It’s Calm, It’s Gone is an accurately descriptive title for Noko’s debut. It doesn’t do much to reinvent indie and alt-rock stereotypes but the infusion of a variety of influences makes it a mostly exciting listening experience. This album and their debut EP are available on Bandcamp. alt-rock debut album it comes it's calm it goes joel massinon local band Marcus Reichenbach Film Review: Weirdos TO DO Tonight: Michelle Wolf Photolog : Brazil vs. Chile in Café Frappé Interview with The Wilderness of Manitoba Jazz Festival: Shantel and the Bucovina Club Orkestar	cc/2019-30/en_middle_0064.json.gz/line1424
__label__wiki	0.932035	0.932035	Football mad Mick Jagger takes sons to World Cup semi-finals Rebecca LewisTuesday 10 Jul 2018 9:21 pm Mick watched the football with his two sons Picture: Rex) Mick Jagger made a surprise appearance at the 2018 World Cup on Tuesday, watching France beat Belgium and make their way into the final. The 74-year-old was spotted in the stands wearing a black cap as he concentrated on the game and sat with two of his sons, James and Lucas Jagger. Fans were shook by the appearance (Picture: Rex) But his appearance shocked TV viewers with many taking to Twitter to joke about the Rolling Stones front man: ‘Mick Jagger’s clearly tried to get tickets to the World Cup final, but you can’t always get what you want. ‘Badum tish.’ Mick Jagger's clearly tried to get tickets to the World Cup final, but you can't always get what you want. Badum tish. #FRABEL — Becca Wright (@_beccawright) July 10, 2018 Not surprised Mick Jagger watching Belgium: he’s got sympathy for the Red Devils — Sam Wallace (@SamWallaceTel) July 10, 2018 ‘Not surprised Mick Jagger watching Belgium: he’s got sympathy for the Red Devils,’ a second added. Mick is a long-time football fan and in March it was revealed that he had already planned a party to celebrate if Gareth Southgate’s England squad lift the trophy. Thee Rolling Stones perform live on stage in May (Picture: Wireimage) And he made sure that none of the Rolling Stones’ tour dates fell on the same night as games. ‘As soon as the Stones started planning the tour, the first thing that came up was the football. They all love it but Mick especially,’ a source said. ‘He insisted the days off coincided with the matches. They always have a party for it and it’s the thing they most look forward too.’ MORE: Ranking this year’s World Cup songs from Freddie Flintoff to Nicole Scherzinger to Will Smith Mick JaggerWorld Cup 2018 How to become a...stadium announcer	cc/2019-30/en_middle_0064.json.gz/line1429
__label__cc	0.584104	0.415896	Home » Archive for category "Community Outreach" The Meaford Hall and Culture Foundation is proud to have helped these community groups and events. GBSS Idol Final – June 3, 2016 The 2016 GBSS Idol round one competition kicked off at the high school in February with 22 musical acts, the 5th season of IDOL. Groups, duos and solo Summer Camp Bursaries 2016 The Foundation was able to provide 10 full bursaries for children in 2016. Introducing children to singing and acting in a peer setting helps them deal with all Friends of the Library Concert Series Summer 2016 The Foundation was happy to step in and fund this years Sunday evening concert series put on by The Friends of The Library. More than 500 people attended Meaford Summer Concerts 2016 Summer Night Concerts in Market Square The Foundation was happy to help fund the first “Meaford Summer Concerts 2016” starting with Canada Day, followed by three more free concerts on Friday Events for Life The card from the Events for Life participants says it all. Events for Life is an organization for developmentally-challenged youth and adults. The Foundation was especially pleased to cover the cost of theatre and Meaford Summer Arts Program Meaford Summer Arts Program, held from July 18 to 22, 2016 was a resounding success. The program is run by retired women teachers who volunteer their time and expertise in Sandcastle Theatre “Peter Pan the Panto” This year’s production included 24 children, 20 teenagers & adults. The cast was a wonderful, enthusiastic and talented group, from Meaford and the surrounding area. For just over 14 weeks Kids in the Meaford Hall present “The Grinch” “Thanks to the Meaford Hall & Culture Foundation for your support of The Grinch. We were really happy with this year’s play and in many ways it was our best of the “Racing to Zero” from the “Youth and Zero Waste” project The Foundation provided funding so that the film “Racing to Zero” from the “Youth and Zero Waste” project could be shown at Meaford Hall free of charge to local students. Arsenic and Old Lace- April 23, 2016 The Foundation granted money to Meaford Community Theatre for their spring production of “Arsenic and Old Lace”. The audience was mesmerized by the incredible sets and the fantastic cast of If your organization would like to apply for funding. Learn more>>> Meaford Culture Foundation 12 Nelson Street E, Meaford, Ontario N4L 1N6 info@meafordculture.ca Graphic Design & Input by Joan Redford Brown Website development and hosting provided by myFavoriteMarketer Copyright © 2006-2019 Meaford Hall & Culture Foundation	cc/2019-30/en_middle_0064.json.gz/line1430
__label__cc	0.72002	0.27998	GenCon: Day Two Overview August 16, 2014 December 24, 2015 / mpduxbury Now at the halfway point for GenCon and starting to understand how this convention thing works. Today was a day of many seminars, but this was actually the relaxed version, once I realised yesterday that doing everything back-to-back just wasn’t going to work. Here’s what I settled for: Seminar 1 was on Cognitive Biases in Gaming and how human logical fallacies (and a solid misunderstanding of mathematics) leads to players make “wrong” choices, and how we can present information differently to prevent players from doing so. Interesting stuff, probably most useful for actual game designers, but some of it will be applicable for GMing as well. Seminar 2 was the Fantasy Flight Games seminar. This was SLICK. I like the unrehearsed informality of smaller game companies’ presentations, but it’s still impressive to see how the Big Boys do things (they had Power Point and everything!). Lots of exclusive announcements here regarding Eldritch Horror, X-Wing and the upcoming Star Wars: Armada; all of these updates have now been released onto the Fantasy Flight website. The most exciting news for me was the announcement of Imperial Assault – it’s basically Descent, but with Star Wars miniatures, and a different mode for 1v1 competitive play. It can alternately be described as a license for FFG to print money. Sadly we had to leave before the Q&A to make it to the next seminar. I would have loved to ask what the future of the 40K RPG line was beyond the new Dark Heresy, but for now that remains a mystery. An AT-ST for the new Imperial Assault miniatures game. Without a size comparison, because I’m an idiot. Seminar 3 was Ken and Robin Talk About Stuff live. It was precisely as insightful and funny as anyone who has heard the podcast before would expect. Man these guys know their stuff. Finally I got to game again! This time it was a four hour Night’s Black Agents game… that finished in two and a quarter hours. Bit of a weird one this – our team of ice cold professionals were hired to get a package to a target, realised we were about to meet the target in a location teaming with zombies, and decided to call up our contact and arrange to meet somewhere else instead. Thus triggering the immediate end of the scenario. I guess it’s good that we weren’t railroaded into the final encounter, but I guess I expected a countermeasure for this eventuality? Anyway, this early finish gave me time to get back to the exhibition hall, visit the Indie Press Revolution booth (buying Becoming, Microscope and a Noteboard) and demoing the beta for Force and Destiny, the third game in Fantasy Flight’s Star Wars RPG trilogy. We ended the day with the Ennies award ceremony. Very exciting to see so many distinguished game developers in attendance here. I guess I would have liked to mingle and talk to them, but it didn’t seem the appropriate occasion for fanboy-gushing, which would probably have been all I had to say to them. We skipped out on the second half of the ceremony, so I could go home and prepare for the game I’m running tomorrow, but I’m glad that we went so I could see the show at least once. The Ennies Twitter account has now announced all the results – I’m sad to see Fate Core miss out on the Gold for Product of the Year, but I’ve not played Numenera, so who am I to say it’s not the more deserving winner. Fewer, longer events tomorrow, with more actual gaming: a sneak peak of the new Feng Shui, my own Paranoia: High Programmers game, and an evening tournament of The Resistance. Wish me luck! Board Games, Conventions, Gumshoe ← GenCon: Day One Overview GenCon: Day Three Overview → One thought on “GenCon: Day Two Overview”	cc/2019-30/en_middle_0064.json.gz/line1431
__label__cc	0.739051	0.260949	What does the quitline offer participants? Participants have access to these program offerings. Participants can pick and choose what parts and pieces of the quitline program work for them. Coaching by phone and additional support via email, text, or instant message. Participants work with a coach to prepare a quit plan, set a quit date, understand tobacco triggers, manage cravings and address relapses. Coaches are available 24/7. Full pharmacotherapy program (varies by client), including nicotine replacement therapy (NRT), varenicline, and buproprion. Planning and educational materials to help participants map out their road to quitting tobacco. Membership in an online community of others who are working to become tobacco free. Clinical oversight and extensive training of coaches and staff by National Jewish Health faculty. Learn more about how the program works. What populations does the quitline serve? The quitline reaches every community. We help an average of 450 individuals a day from all over the United States. We have specialized protocols for many priority populations, including American Indian/Alaskan Native, youth, and pregnant/post-partum women. What are the education and qualifications of the quitline coaches? Our coaches must have a bachelor's or master's degree in social work, psychology and other health-related areas or the equivalent clinical experience. Coaches complete the Tobacco Treatment Specialist (TTS) training certified by the Council on Tobacco Treatment Training Programs. This is an extensive training program with standards for core competencies, training, and credentialing of tobacco treatment providers. Our coaches are among the most experienced in the country at providing remote coaching, due to the large volume of participants we help every day. Why should I refer my patients to the quitline instead of another tobacco cessation program? We have one of the highest success rates in the country, with a 37% responder quit rate for those who use coaching and NRT and a 90% participant satisfaction rate. The quitline is part of a not-for-profit academic medical center (National Jewish Health) that is known for its expertise in prevention and treatment of chronic disease. We're experts in creating permanent behavior change through personalized coaching programs. Our evidence-based programs are proven with clinical outcomes that meet or exceed national standards. We reinvest all profits from our programs back into further scientific and medical research. How much does the quitline cost participants? The quitline tobacco cessation program is free. Public health departments, health plans or employers pay the program costs, because they want to help people improve their health. Participants may have to pay for part of their nicotine quit medications (such as patches, lozenges, gum, varenicline, and bupropion) depending on their health plan or employer. How do I refer patients to the quitline? You can fill out short forms and send them to us by fax or through the Web Referral page. Learn more about how to refer patients. Do my patients need to work with a coach as part of the quitline? No, they can quit on their own using the quitline website and education materials with our “Online Only” program. However, working with a coach and using quit medications increases their chances of quitting. Learn more about the different quitline programs, including the online only program. How do quitline participants work with quitline coaches? They can work with tobacco quit coaches over the phone, or receive additional support via email, text, or instant message—whichever way is convenient and comfortable for them. As part of the quitline program, the participant will work with a coach throughout the quit process to check in and see what support they need. Participants also can reach out to their coach. Quitline coaches are available 24/7. How to Refer Patients SubMenu Fax referral	cc/2019-30/en_middle_0064.json.gz/line1432
__label__cc	0.673258	0.326742	Author: Julian Sng FAKE NEWS GETS REAL What happened? The Singapore Parliament has tabled the Protection from Online Falsehoods and Manipulation Bill on 1 April. This provides the state more power to deal with online falsehoods (online facts that are false and misleading). With this bill, any minister can make requests… Mar 30, 2019 Post a Comment BREAK UP WITH YOUR JUNTA, I’M BORED Thai Election Commission uses smokescreen − Vote accuracy decreased! Thailand’s 2019 general elections on 24 March has been bogged with confusion and calls for greater transparency. The Thai Election Commission has been criticised over delays in publishing the preliminary results among other alleged irregularities… IT’S NOT INCLEMENT WEATHER, IT’S INDIA-PAKISTAN RELATIONS Closure of Pakistan Airspace Commercial flights over Pakistan airspace have been cancelled or rerouted in response to the recent uptick of tensions between India and Pakistan. Singapore Airlines, Emirates and Qatar Airways are some of the many airlines adversely affected by the closure. More… Feb 13, 2019 Post a Comment TURKEY EXPRESSES CONCERN OVER UIGHUR TREATMENT IN CHINA Indoctrination and torture amongst other human rights violations Kept in squalid conditions and subjected to “psychological torture” where meals are denied to those who refuse to glorify Chinese Communist Party propaganda, up to a million Uighurs and other Muslim minorities in the Xinjiang province… MADURO OR GUAIDO — PICKING SIDES IN VENEZUELAN PRESIDENTIAL CRISIS What’s going on? Since 10th January, Venezuela’s current president, Mr Nicolas Maduro, was deemed illegitimate by Venezuela’s opposition-controlled parliament – voiding the results of the controversial 2018 Venezuelan presidential elections. The elections had seen record-low voter turnouts and opposition boycotts that nonetheless gave Mr… Nov 17, 2018 Post a Comment TREADING IN THE SHADOWS: GAY PERSECUTION IN TANZANIA A shroud of fear has been cast over Tanzania’s towering coastal city of Dar es Salaam. Paul Makonda, the regional governor of the rapidly developed city, has set up an anti-LGBT taskforce last month. Demanding for the identities of LGBT persons and their arrests,… Oct 29, 2018 Post a Comment WHAT IS IT LIKE LIVING IN A 70 SQUARE METER SHOEBOX Up from the current 70 square meters, future apartments in Singapore will be built to a minimum of 85 square meters next year. The regulation, led by the Urban Redevelopment Authority (URA), follows concerns over the “excessive development of shoebox units” and fostering greater… 20 KILLED AT DEADLY CRIMEA GUN ATTACK On Oct 17, a deadly school shooting occurred at Kerch Polytechnic College in the Russian annexed-nation, Crimea. After having detonated a nail bomb that sent shrapnel across the crowded cafeteria, the 18-year-old assailant fired at several students and teachers in the school building. The… JAMAICA IS THROUGH WITH PLASTIC With effect on January 1 next year, the supply of single-use plastic products is set to be curtailed in Jamaica. The import, manufacture and distribution of plastic bags, straws and polystyrene (Styrofoam) boxes will be largely banned – with certain F&B industries slated to… NO MORE STUNTS: SG ELEPHANTS TRUMPET A SIGH OF RELIEF Wildlife Reserves Singapore (WRS) announced that it will permanently do away with performances that require physical contact with its eleven elephants. The decision aligns with WRS’ prior moves to discontinue its elephant rides and elephant painting sessions in 2015 – a commitment for better… Older posts→	cc/2019-30/en_middle_0064.json.gz/line1435
__label__cc	0.530977	0.469023	Intellectual property attorney Ashley A. Weaver joins the Cleveland office of McDonald Hopkins NEWS RELEASES MAR 31, 2017 CLEVELAND, March 31, 2017 /PRNewswire/ -- Ashley A. Weaver has joined the Cleveland office of McDonald Hopkins LLC where she will serve as counsel in the law firm's Intellectual Property Department. Weaver has more than a decade of legal experience in both law firm settings and as a law clerk for the Hon. Patricia A. Gaughan, United States District Court for the Northern District of Ohio. Most recently, Weaver was an attorney with a large litigation boutique in Denver. Before attending law school, Weaver was a chemist with the BFGoodrich Company. At McDonald Hopkins, Weaver will be working with a national intellectual property team that focuses on creating, securing and maintaining clients' competitive advantages in the marketplace. "Ashley is an outstanding fit for our intellectual property team," said David Cupar, chair of the firm's Intellectual Property Department. "Her training as a chemist, large law firm experience, and judicial clerkship add to the depth of our expertise." Weaver earned a J.D. cum laude from Georgetown University Law Center and a B.A. in chemistry from Cornell University. She can be reached at 216.348.5745 or aweaver@mcdonaldhopkins.com. About McDonald Hopkins Founded in 1930, McDonald Hopkins is a business advisory and advocacy law firm with locations in Chicago, Cleveland, Columbus, Detroit, Miami, and West Palm Beach. With more than 50 service and industry teams, the firm has the expertise and knowledge to meet the growing number of legal and business challenges our clients face. For more information about McDonald Hopkins, visit mcdonaldhopkins.com. Deborah W. Kelm 600 Superior Avenue, East, Suite 2100 Email: dkelm@mcdonaldhopkins.com McDonald Hopkins announces Todd Benni and David Movius will lead new Intellectual Property Practice Groups McDonald Hopkins welcomes attorney Julie Micalizzi McDonald Hopkins Recognized by Chambers USA 2017 Wook Kim and Kirstyn Wildey join the Cleveland office of McDonald Hopkins Experienced IP attorney Robert Cosmo Baraona returns to McDonald Hopkins Seven McDonald Hopkins Attorneys Recognized by Chambers USA 2015 26 attorneys at McDonald Hopkins named Ohio Super Lawyers and Rising Stars Patent attorney Mark C. Guinto joins McDonald Hopkins	cc/2019-30/en_middle_0064.json.gz/line1437
__label__wiki	0.536757	0.536757	Jean Cocteau, following the surrealists, really epitomised the magical realism or cine-poetic approach to film-making. Not many poets had tried their hand at movie-making before Cocteau, especially not poets particularly fascinated by the mytho-poetic dimensions of fable, fairy story and myth. Cocteau’s two signature post-WW2 movies – La Belle at La Bete (1946), and Orphee (1949) are absolutely must-see films in this refined genre – pioneer films that still stand pretty much on their own, despite the spate of fantasy and magic-realism films that have emerged coevally with modern CGI and digital sfx. As a reminder of Cocteau’s ingenuity during this post-war period, when film stock was hard to come by, finance was difficult, Cocteau was 57 years old in 1946 when he made La Belle et la Bete, had recently recovered from an opium addiction. Cocteau could not afford the kind of expensive optical and special effects that Hollywood took for granted. He had to invent his own ‘effects’ to bring his re-telling of the story of Orpheus and the Underworld to the screen. In-camera effects and simple special effects were his narrative tools. Jean Cocteau: Orphee, 1949. Cocteau, strapped for finance, had to use his ingenuity in making the special effects necessary to illustrate Orphee’s transition from the real to the mythopoetic world of the underground. Cocteau chooses the device of the mirror, clever cutting, and a highly reflective basin of mercury. In this sequence we see Orphee approaching the mirror (or is it a pair of hands approaching Jean Marais, wearing the same rubber gloves? Also in this part of Orphee, we see Cocteau reversing the film so that Orphee’s rubber gloves seem to snap on instantly. These simple tricks are very impressive and disbelief-suspending. Cocteau was making these movies in the context of a surge of interest in poetry and myth signalled by James Joyce: Finnegan’s Wake (1939), Erwin Panofsky: Studies in Iconology (1939), Joseph Campbell: A Skeleton Key to Finnegans Wake (1944), Robert Graves: The White Goddess (1948), Joseph Campbell:The Hero With A Thousand Faces (1949). In the wake of the mythic horrors and devastation of the Nazis and World War 2, and the dawn of the Atomic age with its apocalyptic threat, these timeless subjects came to the fore as mankind searched for new meaning as first peace, then a new ‘cold war’ era, dawned. Although not a member of the ‘official’ Surrealists, Cocteau’s trilogy of films related to the legend of Orpheus: Blood of a Poet ((1931); Orphee (1949), and Testament d’Orphee (1960) fit well within the surrealist’s spectrum of interests (the subconscious, dreams, myths, universal archetypes, magic, chance, automatic writing, etc). Perhaps, like Appollinaire, Cocteau, in his twenties, had been influenced by the fantastic film series of Louis Feuillade (Fantomas (1913), Les Vampires (1915), Judex (1916). None of these films relied on much more special effects than George Melies had at his disposal, it was their dark mystery and hints of the supernatural that the Surrealists admired. Interestingly Georges Franju made a brilliant re-make of Judex in 1963. Other significant surrealistic films that Cocteau almost certainly would have seen include: Rene Clair: Entr-Acte 1924 Lotte Reiniger: Die Abenteur des Prinzen Achmed 1926 James Sibley Watson/Melville Webber: The Fall of the House of Usher 1928 Germain Dulac and Antonin Artaud: The Seashell and the Clergyman 1928, Man Ray: L’Etoile de Mer (1928) Jean Epstein: The Fall of the House of Usher 1928 Luiz Bunuel/Salvador Dali Un Chien Andalou 1929 Marx Brothers: Animal Crackers 1930 Carl Dreyer: Vampyr 1932 Marx Brothers: Duck Soup 1933 Dave Fleischer: Betty Boop as Snow White 1933 Marx Brothers: A Night at the Opera 1935 Charlie Chaplin: Modern Times 1936 Curtis Harrington: Fall of the House of Usher 1942 Maya Deren/Alexander Hammid: Meshes of the Afternoon 1943 Walt Disney/Salvador Dali: Destino 1945 While this is speculation (on what Cocteau saw), I wanted you to see that Cocteau’s work, though unique, fits within a broader tradition of artists exploring the unconscious, magic, myth and fable, and the absurdity of modern life. Of course, making serious films in post war France, even with financing from the generous Duc de Noaille was difficult and to optimise his visualisation of the Underworld, Cocteau was forced by circumstance to be inventive with his special effects, resorting to the simplicity of the smoke and mirror ideas of Melies, and using in-camera effects. Special effects can often be as simple as ‘in-camera’ effects – you know: the iris fade to black/or white, double exposure, running film in reverse, stop-motion, elapsed time, slow motion, rotating camera, inverting camera, using negative as positive, (etc). Jean Cocteau: Orphee (1949). Heurtebise, Death’s chauffeur, follows Orpheus through the mirror into the Underworld, distance-fogging (under exposure) underlines the illusion. Jean Cocteau: Orphee (1949) Heurtibise in the ‘reel’ world sees Orpheus in the Underworld. http://www.criterion.com/films/610-orpheus Posted on August 7, 2014 August 10, 2014 Author bobcottonTags Cocteau, fable, fairy-story, movies, myth, mythopoetic, Orphee Leave a comment	cc/2019-30/en_middle_0064.json.gz/line1442
__label__wiki	0.571037	0.571037	About Motown Junkies Alan, Lee Andantes Anthony, Richard Ben, LaBrenda Blakely, Cornell Bohanon, George Breen, Bobby Burnadettes Burnette, Dorsey Campbell, Choker Channel, Bruce Chuck-a-Lucks Clark, Chris Crawford, Carolyn Crockett, Howard Dalton Boys Darnells Day, Danny Dean, Debbie Diamond, Hank & Carol Downbeats Dozier, Lamont Eckstine, Billy Elgins Equadors Funk Brothers Gaye, Marvin Golden Harmoneers Good, Tommy Gorman, Freddie Gospel Stars Greer, Paula Griffin, Herman Griffith, Johnny Griner, Linda Hamilton, Dave Haney & Armstrong Hartfield, Pete Heard, Oma Henslee, Gene Hillsiders Hit Pack Holland, Eddie Holland-Dozier Holloway, Brenda Holloway, Patrice Joanne & the Triangles John, Mable Johnson, Marv Jones, Wade Kayli, Bob Lands, Liz Lee & the Leopards Leverett, Chico Lewis Sisters Little Iva Little Lisa Little Otis Littles, Hattie Long, Shorty Lumpkin, Henry Majestics Mallett, Saundra Mann, Columbus Martin, Tony Marvelettes McCullers, Mickey McKenzie, Don McNair, Barbara Merced Blue Notes Merritt, Billy Mike & the Modifiers Milburn, Amos Morrocco Muzik Makers Mullins, Dee Nick & the Jaguars Oddis, Ray Parks, Gino Paul, Bunny Remus, Eugene Ron & Bill Ruffin, Jimmy Satintones Sebastian, Joel Serenaders Strong, Barrett Swinging Tigers Taylor, R. Dean Taylor, Sherri Terrell, Tammi Turner, Sammy Twistin’ Kings Valadiers Valvano, Mike Van Dyke, Connie Van Dyke, Earl Vells Velvelettes Walker, Junior (& All-Stars) Ward, (Singin’) Sammy Washington, Earl Wells, Mary Weston, Kim Williams, André Wilson, Frank Wonder, Stevie Woods, Mickey Wright Specials Wylie, Richard “Popcorn” Great Songwriters Gordy Mel-o-dy Melodyland MoWest Tamla Workshop Jazz I Disagree! Motown Junkies ~ because it's what's in the grooves that counts 666. The Marvelettes: “Don’t Mess With Bill” Posted by The Nixon Administration in The Marvelettes, Writing credit: Smokey Robinson Tamla T 54126 (A), November 1965 b/w Anything You Wanna Do (Written by Ivy Jo Hunter, Clarence Paul and Mickey Stevenson) Tamla Motown TMG 546 (A), January 1966 (Released in the UK under license through EMI / Tamla Motown) Epiphanies and revelations run wide and deep as we trawl (slowly!) through the tail-end of the Motown singles catalogue in 1965. It’s strange enough listening to some of these records in context now, knowing what happened next, so spare a thought for how hard listeners at the time must have found all these curveballs. Even with the benefit of fifty years’ hindsight, it’s still hard to extrapolate some of these artists’ short-term futures, to predict, say, Stevie Wonder the musical genius, or Marvin Gaye the sensitive soul poet. And now, here are the Marvelettes, firmly under the wing of Smokey Robinson, pulling off perhaps the biggest reinvention of all. The Marvelettes, as we say every time we meet them here on Motown Junkies, had been Motown’s first great girl group, artistically and commercially; in terms of sales, they’d peaked with their début single, Please Mr. Postman, hitting the jackpot first time out and then plugging away for a decade of diminishing returns. Artistically, they were far from done, and their position within the Hitsville pecking order (leapfrogged first by the Vandellas, then by the Supremes) saw them reinvent themselves as a barnstorming, tough-shelled, sassy girl group trading in uptempo dancers: witness I’ll Keep Holding On, witness Danger Heartbreak Dead Ahead. But even that territory was being mined with more success by the likes of the Velvelettes and the aforementioned Vandellas, and if the Marvelettes were going to stick out, they needed to keep moving forward, to find some new territory to stake their claim on America’s affections. At which point, the group’s story changed forever, and not for the first time the catalyst was one man’s vision: enter Smokey Robinson. Smokey, taking over from Mickey Stevenson and Ivy Jo Hunter as the group’s producer, had cut his teeth mentoring first Mary Wells and then the Temptations to the top of the charts, while simultaneously keeping his hand in with his own group the Miracles. By the time of Don’t Mess With Bill, his stock was perhaps the highest it had ever been. He’d had a banner year, writing and producing some of his very best songs, for himself and for others, and he surely had plenty on his plate already without being tasked with reviving the Marvelettes brand, especially with the group now in disarray and shedding members. But he took the job with gusto, his enthusiasm fired by the unexpected promotion of Wanda Young Rogers as the group’s lead singer. Wanda had started out as one of the background voices in the aptly-named Casinyets (so named “because we can’t sing yet”); Gladys Horton had fronted the majority of the Marvelettes’ Motown output over the last four years, with Wanda a shrill and wayward presence given an occasional lead, seemingly for reasons of intra-band politics rather than artistic necessity; without overplaying how bad she was (her barely-controlled teenage falsetto wasn’t necessarily any worse than what Eddie Kendricks was doing over in the boys’ camp, for instance), it made for some difficult listens all the same. But she’d shown flashes of brilliance before – her Forever is a revelation – and, now 21, her voice had developed considerably as she matured. It surely didn’t hurt that she was now married to Smokey’s Miracles bandmate and very close friend Bobby Rogers, and thus virtually something approaching a sister-in-law to the new man in charge, but this was no case of empty nepotism; while Gladys remained one of Motown’s fine individual lead singers, and while it was undoubtedly a shame she ended up being sidelined in her own group, Wanda had come so far that it would have been criminal to leave her on the bench. Smokey, as astute a judge of these things as anyone has ever been, was excited about the Marvelettes because he liked what he’d heard, and because he had some big ideas on where this sound could go next, given a push in the right direction. Wanda had fronted both of the Marvelettes’ two previous banging uptempo singles, her forceful, stabbing contralto a focal point on both records, but Don’t Mess With Bill is something else again; it’s a small-scale domestic drama, a kitchen sink epic, needing a restrained lead which is highly sympathetic, believably neurotic, and yet still ineffably cool. Wanda is perfect for this; Smokey, still a year removed from cutting the first draft of what went on to become Whitfield and Strong’s lasting masterpiece I Heard It Through The Grapevine, here turns in his own paranoid master-class, a mesmerising, mildly menacing stew of minor chords and mistrust. It starts out as a threat, slinky and subtle but still deadly serious – you best keep away from my man, girl! – before the narrator’s confidence audibly crumbles, vacillating between a warning and a plea, and the facade eventually slips away, leaving this as the disjointed thoughts of a scared young woman lashing out at the world. Wondering whether this lashing-out is real or imagined – one can easily picture Wanda in front of the mirror, waving away her rival’s protests, making herself angry, going over what she’d like to have said – is just one of the excellent things about this record. The target starts out in the realm of the hyper-specific – you can imagine this being aimed directly at some neighbour-woman or work colleague (though probably not a classmate, so mature does Wanda sound here), such that you expect her to be named along with Bill (a name supposedly chosen by Smokey, incidentally, purely for scansion rather than it being his own name) and the narrator’s reeled-off list of apparent mutual male acquaintances: Now there’s Johnny, there’s Joe, and there’s… Frank and Jim, just to name a few; now, Bill’s got me, and… I’ve got him I’m sure there’s one for you …and yet, by the time we hit one of the catchiest of the song’s boatload of super-catchy hooks (Hear what I say, girls keep away, oh) the song is seemingly aimed at all girls everywhere, a scattergun blanket warning – he’s mine and mine alone, so back off, everyone else! – so low is her self-esteem. And our Billy doesn’t even seem like much of a catch in the first place, given we’re told he’s “put tears in my eyes a thousand times or more”, but she’s damned if she’s going to give him up to some supposed trollop who may or may not even be interested (indeed, who may not even exist at all). It’s a masterpiece of characterisation. Smokey, the master of matching a lyric to a performer, has outdone himself here. Wanda’s previous two excursions had seen her – in the words of one commenter here on Motown Junkies – “throwing down with the best of them”, and on being asked to create a follow-up, a lesser writer/producer might have been expected to turn in something in the same mould. Instead, this is all about the performance, not just the technical strength of the vocal, the way Wanda handles the sharp turns. (Though let’s not underplay that aspect of it; despite the slow tempo, this is packed full of long notes and passages of syllables piled up on each other; just because it’s not at 140bpm, it’s still hard to sing, much like riding a bike up a steep and twisty mountain road compared to the exhilaration of racing back downhill again. But I digress.) It’s Wanda’s “acting” here – and indeed, her “casting” for the part in the first place – that makes Don’t Mess With Bill tick. That, and the Funk Brothers. Oh, the Funk Brothers. Right. If this session wasn’t at the back of their minds when they congregated to create Marvin’s version of Grapevine, I’d be surprised, as so much of what they’re doing here sounds like a dry run. Not that the two songs are particularly musically similar beyond the use of minor chords to create an atmosphere of foreboding, like a paranoid soup of insecurities for the narrator to swim against; Grapevine (in Marvin and Smokey’s versions) is organ-led, …Bill is punctuated with a sawtooth saxophone that’s strangely sexy and sinuous and yet somehow unsettling. Rather, it’s the feeling both songs conjure that forms the real link between them – I don’t know what information or instruction the musicians had been given to create this atmosphere, but they nail it. If soul is a state of mind, both of these great Motown records are the sound of that mind beginning to lose it after one too many late nights and cups of coffee. Because this is a great Motown record, there’s no two ways about it. That it came from the Marvelettes, that Motown (or Smokey) had found a niche for them, marks a major stepping stone, the group now almost fully converted from the artless buzz of the Casinyets who’d muddled through a high school talent contest into the late-Sixties Marvelettes, Motown’s most thoughtful purveyors of what came to be dubbed “sophisticated soul”. (Though the journey’s not completely done – there’ll be two singles, including one more astonishing 45rpm landmark staging-post, on the way before we hit the Pink Album). Put simply, they sound all grown up now. Play this back-to-back with an older Marvelettes record like… well, the B-side, for starters, and the difference is striking. Not only that, but it’s striking in a good way. We’ve never had cause to doubt the Marvelettes’ quality before, but now they’re paired with the right producer, they’ve got a part to play in the Motown story too, a part that finally makes sense; Don’t Mess With Bill is almost something like a rebirth, the start of the Marvelettes’ magnificent second act, and its brilliance is cause for much celebration. MOTOWN JUNKIES VERDICT (I’ve had MY say, now it’s your turn. Agree? Disagree? Leave a comment, or click the thumbs at the bottom there. Dissent is encouraged!) You’re reading Motown Junkies, an attempt to review every Motown A- and B-side ever released. Click on the “previous” and “next” buttons below to go back and forth through the catalogue, or visit the Master Index for a full list of reviews so far. (Or maybe you’re only interested in The Marvelettes? Click for more.) The Velvelettes “Since You’ve Been Loving Me” The Marvelettes “Anything You Wanna Do” DISCOVERING MOTOWN Like the blog? Listen to our radio show! Motown Junkies presents the finest Motown cuts, big hits and hard to find classics. Listen to all past episodes here. 79 thoughts on “666. The Marvelettes: “Don’t Mess With Bill”” The Nixon Administration said: Hexakosioihexekontahexaphobia, anyone? I could quite easily have held “Children’s Christmas Song” back to become review 666 without messing up the chronology, but I felt I couldn’t disrupt the TCMS order just for a silly joke. Thanks, Wikipedia! Nick in Pasadena said: At the time this was the first I’d ever heard Wanda sing lead (I hadn’t yet heard “Forever”) so, of course, I had no idea it was The Marvelettes, although it was undeniably Motown. I thought it was some new girl group with a sassy lead singer brought in to build on what Diana Ross occasionally achieved. It’s a great record (a “9” is just about right) but not my favorite Wanda-led Marvelettes disc (that’s coming up!). And regarding the numbering–if the devil had anything to do with this, I take back every bad thing I ever said about him! Great T-shirt spotted outside a heavy metal concert here in Cardiff about 10 years ago: “667, the Neighbour of the Beast”. I think I touched on this in an earlier Marvelettes review, but it’s interesting to me that the early-Sixties and late-Sixties Marvelettes sound like two different groups (and it’s more sophisticated than just comparing Gladys and Wanda as leads, or noting how few/many of the later records are actually Wanda and the Andantes – rather, it’s as if the entire chemistry of the group has changed at some sort of microscopic level), and that the transition between the two is so patchily documented on vinyl (no Marvelettes studio album between 1964 and 1967). Even the recent Complete Albums box sets, with their generous slew of bonus tracks, exhibit a marked and abrupt lightswitch-type change between Marvelettes Mk 1 and Marvelettes Mk 2. Chris Hewitson (@drchrishewitson) said: I remember this from early 1966 (in UK). I remember this from early 1966 (UK). In a sea of fellow secondary school pupils who were crazy about the Beatles, the Stones, the Who, the Kinks etc, there was a small group of us in the fourth form who were very committed Motown devotees. We thought Don’t Mess With Bill was fabulous. Understated, soulful, tuneful and somehow slightly threatening (what would the Marvelettes do to anyone who actually dared to mess with Bill?). Nearly fifty years on, I still think this track is a gem although I think I find it a musical masterpiece rather than one of Smokey Robinson’s poetic ones. I never thought you’d give this a 9, but it probably is worth that. I’m in a different position from you as I heard all these first time around, in the order in which they were released, and alongside the competition they were designed to beat. Thus the listening context was different for me and it’s hard to ‘unhear’ that context and place Motown tracks outside the time when they were so new and exciting. We eagerly looked out for each week’s new Motown releases and I can’t remember a dud. It was an extraordinary time. Rhine Ruder said: not my top favorite marvelette’s song, but a very good … that’s for sure. it is just an inch over the gimmicky line lyric-wise for my taste. a definite 8 or 9. their big 10 is still in the future (actually, i could give three upcoming songs a 10!) a real crowd pleaser, that’s for sure. i never thought of it being a precursor to marvin gaye’s “i heard it through the grapevine”, but i do believe you are on to something! Dave L said: 11 years old, and no matter where I heard this start up, even in public, it was impossible not to drop physical clues that this one was working power on me. You knew it was sexy years before you really understood what sexy meant. Their biographer Marc Taylor picks up exactly on the point that Nick makes above: so unfamiliar with Wanda’s voice was much of the public, that The Marvelettes sounded like a completely new act once “Bill” landed. Katherine Anderson is unsparing at that point in the book about what a shot in the arm “Bill” was for the group at that moment, the needed graduation the record fostered beyond teenage concerns when all of them were just about married women. She lavishes praise on Robinson for moving the group into a stage of maturity that, apparently, not everyone in the company was enthusiastic for. A 9 is perfect, but Smokey’s only begun to mold Wanda into a young and accessible Mae West for record buyers. The next single in line, though a commercial flat tire at the time, is even more bracing as it directly addresses the target of its lyrical passion. When Wanda speaks again, it is a potent dose of Viagra on vinyl. soshe said: This track always reminds me of “My Guy” – I guess Bill had pretty much rewritten the song to have same effect for the Marvs as he had had with Ms Wells. And it works for me! The group were to have a bigger UK hit with “When You’re Young And In Love” a little later – but this WAS a classic. I have a link to my Soulsite with their live performance of this. So nice to see the girls on stage 🙂 http://www.classicsoulcentral.com/index.php?media/marvellettes-dont-mess-with-bill.10089/media Damecia said: The song I’ve been dying for a review of – my hands down, all-time favorite Marvelettes song. From the opening chimes I fell in love with this song the first time I heard it. The coolness that the Funk Brothers provide on the instrumentation matches Wanda’s laid back swag. The backing Marvelettes are not to be left out because they do a superb, sultry job as well. I love the combination of blues and jazz found on this track. One thing I appreciate every time I listen to this song is the conversational aspect it has to it. What I mean by this is Wanda had the ability to make any song she sang sound as though she was right in your living room or your door step telling you about her problem(s). The first few lines gets me every time: “Well, I know he’s the guy who put tears in my eyes, a thousand times or more, but every time he would apologize, I love him more than before” From these lines, you know this girl is in a crazy relationship and she most likely is the fool, lol, but you’re intrigued to listen. The characteraztion I have for this “girl” can only come from the brillance of Smokey’s songwriting. Bill is a player and everyone knows it, including this girl, but she is in a denial state and wants to tell the girls “don’t mess with bill” instead of confronting Billy Boy. lol. I must again go back to Wanda’s vocals. I don’t think she was the best singer, but her voice had personality, which in my opinion, matters most. The was she says “say it one more tiiiiiime” is just great. Not to mention, to my ears she sounds older than what she was. She had a one of a kind voice that is unmistakable. Well written review Steve D. I just wished you’d given this a 10, but I’m not too mad at the 9 lol. Hi my fellow Motown Junkies!!!! It’s been awhile since I’ve been chatting your ears off lol. I look forward to reading your commentary. Mary Plant said: Welcome back Damecia! I bet I’m not the only one who has missed you! = ) I missed you too. It’s great to have almost all the regular crew back here commenting! I’ll try and up the pace of new entries a bit, I know I’m badly behind schedule. Aw, as Frenchie says in the final scene in Grease “all the gangs back together again” lol. It’s great to be missed = ) 🙂 I hope you’ll all stay with me through 1967 at least; these are some of my favourite Motown years and I have a LOT to say. MotownFan1962 said: I don’t know about anyone else, but I just gotta see what you say about “Gotta See Jane”, so I’ll be stickin’ around. John Plant said: Ah, Damecia, welcome back! You’ve been missed! And I’m right with you – this is not only a ten for me, but – I think – one of my top ten Motown singles. Those four syllables – a master class in articulation. How could one possibly notate all the shadings, intonations, intimations, and other subtleties – in counterpoint with that gloriously perfect bass line (perhaps sharing the Olympian heights of Bernadette in this respect) – and with the effortless but irresistible momentum which characterizes the best Motown songs. Steve, I love your commentary, particularly your brilliant focus on the song’s dramatic dimension – you do make it come to life – but this song is a ten of tens. I too remember hearing this song for the first time, when it was new, Chris – I was driving past a particularly redolent pig farm in South Jersey – and to encounter such soulful perfection in such a setting was, well, euphoric. And the song has lost NONE of its power and grace in the 49 years which followed! John you always manage to say what I forgot to say in such a beautiful manner = ). I feel as though Steve will give “Hunter Captured by the Game” a 10….mmmm…lol…we will see. As I’ve said before this is the Marvelettes best track imo. nafalmat said: A disc with real soul, charm and sexiness. For a change from recent Motown hit releases of the time a more understated arrangement that works incredibly well. I love the opening when the organ comes in and the fabulous sax break. Smokey in absolute top form as composer/producer. But above all I love Wanda on this. She’s much better on these sexier, slower more controlled numbers like this than when she’s balling her head off on things like “So Long Baby”, “Locking Up My Heart”. She really sounds as though she means the lyric and any other woman messing with her “Bill” would be in serious trouble. Definitely 9/10 and possibly a couple of decimal points added on! Worth noting for the record here too is that “Bill” was the needed hit to spur the release of Marvelettes Greatest Hits the following February. It didn’t have room enough to include “My Daddy Knows Best,” “He’s A Good Guy Yes He Is,” or “I’ll Keep Holding On,” but every other important highlight from “Postman” to “Bill” made the cut, and the album was surefire bang for the buck. Still is. Robb Klein said: This is one of my least favourite Marvelettes’ recordings and songs written by Smokey. I’d give it a 7, which is a decent score. Wow Robb, I can’t believe you don’t like this song. Since I think this is one of the greatest songs ever recorded, lol, this is hard to take. Would you mind elaborating more on why you don’t like this song? (Really, I love the way you write and I feel cheated that you summed this up and two sentences lol.) Rating this song at 7 shows that I DON’T dislike it. I just like most of the other Marvelettes songs (other than a few “album throwaways”) better. The instrumental and the vocals are fine. But the song is very boring, and too much of the same thing, -(e.g. few changes). It’s “run of the mill”. “Run of the mill” MOTOWN is good, but not great. My favourite Marvelettes’ songs are: “I Should Have Known Better”, “I’ll Keep Holding On”, “Danger! Heartbreak Dead Ahead”, “That’s How Heartaches Are Made”, “When You’re Young and in Love”, “Playboy”. “Locking Up My Heart”, “Forever”, “As Long As I Know He’s Mine”, “The Grass Seems Greener”, “The Boy From Crosstown”, “Beachwood 45789″, He’s A Good Guy (Yes He is)”, “You’re My Remedy”, “Too Many Fish In The Sea”, “Your Cheating Ways”, “My Baby Must Be A Magician”, and “Some Day, Some Way”. So, I like certain songs from ALL periods of their career and produced by several different producers. I don’t always know why I like a song. It’s the mix of the song writing(mainly just the music portion), instrumental tracks, editing/mixing job, vocal and overall production. The lyrics almost never mean anything to me (although, I DO appreciate Smokey’s great job on lyrics on his songs. And this is the response I was looking forward to reading. = ) 144man said: I’d add “Marionette” and “A Breathtaking Guy” to Robb’s choices (even if they are arguably Wanda solo tracks). John Winstanley said: Never a fan of this track but I appreaciate the comments made as to why it stands out from anything else hitting the charts at the time,. I would give it an 8, mainly for the excellent Funk Brothers playing to their jazz roots. This is off topic, but I must ask about your name, John WINSTANLEY! I have to assume that you are referring to winning The Stanley Cup. I assume that you are a big ice-hockey fan. Is that so? I was born and raised in Canada and played up to a high level of both Midget and Junior hockey in Manitoba during the late 1950s and early 1960s. We had a backyard rink. Hockey was my whole life, other than Motown music. Many players I played against eventually played in The NHL. Or is that name just a coincidence? Without wanting to speak for another guest, it’s a reasonably common surname in Britain – I know two different (unrelated) Winstanleys, neither of them John. Oops! Just a coincidence, eh? That would be a great true family name for a Canadian hockey player! It’s a typical chosen handle (anonymous “user name”) for a member of a pro hockey forum. I’m also a fan of tracing the origins of family names. I’m very curious about the origin of THAT name. Go Bruins! 🙂 I love this song – loved it when I was a high school student hearing it for the first time, and love it still as I approach geezerhood, and I think the 9 is exactly right. trebori said: This is one of my favorite Marvelettes record. It sounded like everything was put in there was made to appeal to me: the great bass line, the vibes, a hip, funky organ part and Wanda’s vocals. I really like what Demecia said about the conversational tone. Never have I heard a threat delivered so coolly. It’s one of my three “10s” in the Marvelettes canon. Smokey really pulled it all together on this one. Another one is coming up soon. David L. said: I haven’t posted a comment for a while but I have been following closely all the great reviews and comments. As I said before, I came into Motown after the summer of 1966 at age 9 1/2 and then did a crash course by buying every Motown single I could find. I searched every bin with the records that had wholes in them to satisfy my insatiable curiosity. My introduction to the Marvelettes came with a copy of “The Hunter Gets Captured By The Game” two weeks after its release. This was my benchmark to judge all other Marvelettes songs. This was my favorite. It had a different sound from other Motown Songs ; eerily poetic and mature. Other favorites — “Forever” ,”I’ll Keep Holding On ” , ” My Baby Must Be a Magician.” (all 10’s) — not so much with “Don’ Mess With Bill ,” It has the flavor of something by the Chiffons — a little corny.and outdated. And I too await the “Hunter” review. Regarding The Supremes Merry Christmas album –RUN! The same goes for any live albums, cover albums , and anything that says Funny Girl. David, you hit on something here, which is the wonderfulness of browsing. Long live the brick & mortar stores (esp books & music) where you can go in and flip through the racks and find treasure! Amen to that. It’s how I grew up. Most of my adult life I’ve helped out in friends’ book and record stores. Unfortunately there are no longer any independent book stores in my city. But we still have several really good record stores and I usually work on Saturdays in one of them. So I can still browse while I work. Viva le brick and mortar! (And now back to the Marvelettes…. viva les Marvelettes!) Richard said: Ahhh, what fond memories of digging through bins looking for a Motown single, any Motown single I could find. I discovered the Supremes (When the Lovelight starts shining through his eyes) this way and I remember being fascinated by the actual label design and noticed when they changed them. I loved knowing where the name came from or how they chose it. I would spend hours browsing in record stores, thank you for helping me go back in my mind to those days. Landini said: Hi Everyone! I’ve been away for a bit too. Wow! This is a very fine song – the beginning of what I would call PHASE 2 (& my favorite phase) of the Marvelettes career. Interestingly, like our friend, Robb, I would probably give it a 7. For some reason it doesn’t quite knock me out like some of ther other songs but it is very, very good nonetheless. There was a period of time when “Don’t Mess With Bill” was played a lot on oldies stations. I might have gotten a little tired of it. I’ve always enjoyed Smokey’s work with the Marvelettes. I also love what he did with the Supremes in the early 70’s with the FLOY JOY album. Sometimes I wonder if that is the Lost Marvlettes’ album that hey never recorded. Anyway, dear friends, I hope & pray you all are well! Hi Grandpa Landini! I’m a little disappointed you don’t think this incredible song deserves a 10, lol. Hi D, Sorry! It is a wonderful song but not quite a 10 to my ears. I have trouble giving ratings. Depending on the day / my mood I might rate it higher. I like “Magiciain” & “Here I am Baby” better along with the LP tracks “I Can’t Turn Around” & “I Need Someone” I’m doing pretty well. Thanks! Hope u are well. Best! bogart4017 said: great lyrics(check). great delivery(check). bouncing bass(check). throwback sax solo (check). we have a winner! Wanda comes into her own here. The followup single “You’re The One” is even better. Check youtube or classic sopul central for the promo tv appearance. The bows in their wigs are corny but the dance steps are outtasight. Shameless plug, but I gotta do it, lol, check out my brief cover of my favorite Marvelettes song “Don’t Mess With Bill” Damecia, it’s wonderful. The spirit of Motown lives on! Wanda! Eat your heart out! Great job m’lady! Applause, Applause, Applause! 🙂 Thanks for watching all you wonderful Motown Junkies….keep those compliments coming! lol Mickey The Twistin' Playboy said: Nixon, this is a beautifully written and thoughtful essay. I think it’s the best one I’ve read so far. I agree with the 9/10 rating. Do you think the song would have been just a big a hit if Gladys did the lead on the same exact arrangement? I know you direct your question at Nixon, but I’m going to add my 2 cents lol. I for one don’t think it would have been a hit if Gladys had sung lead. It’s not that I think Gladys is a bad singer, but this song breathes and is Wanda’s swag. It’s full of her personality and we all know personality can make or break a record at times. I wrote a huge reply to this in the mistaken belief you were both talking about Gladys Knight, before the penny dropped! Yes, I agree with Damecia, this is one of those Smokey moments where the song was paired with the right vocalist from the start. = ) I love what you originally said about the skank lol Yes, Gladys Knight may not have been physically threatening, but if she tells you to stay away from her man, you’re staying the hell away 🙂 I would love to hear a ballad from you, Damecia! A ballad may just be in my near future = ) “Don’t Mess With Bill” was recorded five months after Patrice Holloway’s unreleased “For the Love of Mike”. I wonder if it was originally written as a potential follow-up to that. Interesting idea! Great shout, I’d never have thought of that. Mike C. said: Oh, for the love of Mike. Mike C. enjoys coming to the party late and having the opportunity to read all these wonderful reviews and comments. I’ve had a wonderful ‘career’ with The Marvelettes and can never forget getting the yellow Anthology album and wearing the grooves grey. I still listen. The Marvelettes are never far away from my cd/record player! It seems, not unlike The Velvelettes, The Marvelettes were given some of the most creative material at Motown – made many ground breaking records — that at the time were apparently fought against, because they didn’t fit into the Motown box? Or because they weren’t exactly Motown ‘cookie cutter’ we should thank Bill that “Don’t Mess With Bill” was a hit! Who knows what would have ensued. The closest I have ever come to finding another vocalist to even slightly resemble Wanda Young Rogers is Christina A. of Duvinyls. Perhaps Martha Davis [Motels] studied the vocal stylings of WYR, though with a completely different timber. It’s the dropping of the end of the vocal phrase. So conversational, so sexy, so (almost) flat. But, talk about ear candy! It makes you sit up (or stand up, whichever the case may be). I love it! Wanda makes a connection. And with recorded music I think the connection made between singer and listener might just be the most important intangible ingredient. Isn’t this what can take mediocre material — couple it with the correct vocalist, one who knows how to draw the listener in—and let them create the magic–that comes up a winner? I am not saying that “Don’t Mess With Bill” is mediocre material in any way. Top notch! But Wanda doesn’t have much of a vocal range – okay okay – she couldn’t or wouldn’t or didn’t control her wild falsettos from the early days – or combine these two “styles”, then slide them in and out of each other with control. But when she sings DMWB, she is a vocalist to be reckoned with. She sounded like no other. And the songs that she recorded – well, she sings them like no other. A perfect fit. However, …personally, I think Gladys Horton would have done a fine, fine job with this song. I love her singing. She, too, was quite capable of drawing the listener in. The difference here was Wanda was selling personality. Gladys was the first phase. It seems she wasn’t allowed to sell/create “personality”, though, for me, Gladys Horton’s beautiful dark misery shines through in so many unexpected places, even when singing unabashed love songs (I’m thinking of the fantastic “Tonight Was Made For Love”) and would have done so if given the opportunity to have sung the second phase Marveletes [sic] songs like “Don’t Mess With Bill”. Wanda stepped up to the plate and delivered. And that is what ALL of the Marvelettes did. They delivered. Agree with everything you said about Wanda. Quote from TNA: What???? EVERY act on Motown changed DRAMATICALLY between the early 60’s and the late 60’s. Because SOUL MUSIC changed dramatically. Compare “Don’t Feel Sorry For Me” by Jimmy Ruffin from 1961 with the successful stuff he did after 1966. Does it sound the same?? Now do that with EVERY long-standing Motown act. Spot the difference?? (I hope so…..) The ONLY swerveball with the Marvs is that they were so invisible around ’66 that the changes seemed more marked, simply because we didn’t hear from them. You are “over-intellectualising” again, Mr Nixon 🙂 🙂 🙂 But they didn’t. Yet again, you’re skim reading my writing and then fighting one-line straw men that weren’t even there in the first place. It’s my contention that the Temptations of 1967 sound like the Temptations of 1964 where you’d expect them to be three years later, like the Vandellas, like the Tops. Like Jimmy Ruffin, for that matter. I don’t mean “gosh, these records don’t sound identical, I must go public with this discovery at once!”, I mean the Pink Album sounds like the work of a completely different group to The Marvelous Marvelettes in a way that doesn’t hold true for eg Watchout against Come And Get These Memories, or Reflections against Where Did Our Love Go – that’s the whole point of my argument. With respect TNA, I didn’t “skim read” your review, and yes, you could call every dissent from your preferred line “one straw” – that’s your prerogative. You say: “early-Sixties and late-Sixties Marvelettes sound like two different groups” . That is a quite specific statement. As if it was something unusual. If disagreeing with that statement is “one-straw”, then yes, that’s me to a tee 🙂 Again, it is the difference between your “looking back with hindsight” view, or being there. The Temptations in ’63, singing “I Want A love I Can See” and the Temptations in ’68 singing “Cloud Nine” – very different. Martha & the Vandellas in ’66 with “Ready For Love” and in ’69 with “Taking My Love” – very different. The Tops – “Ask The Lonely” from ’65, and “What Is A Man” from ’69 – very different. Jimmy Ruffin – “Don’t Feel Sorry For Me” from ’61, and “As Long As There Is L.O.V.E” from ’65 – very different. Now, if we had not heard any tunes in between, we would have noticed the glaring differences. But, BEING THERE, we got to hear all the stuff in between. So the difference was a gradual thing. However, pick those tunes, from different years and different producers and different production values – and ignore the stuff in between – and you can say the SAME THING about EVERY Motown act. THAT was the point I was making. Maybe you should amend the tag-line at the bottom: “Dissent is encouraged, but I’ll ignore it, call it “one-straw”, and carry on regardless” Now, now. Dissent is encouraged, meaning I don’t put my opinions above anyone else’s (except physically on the page), I don’t censor, I want everyone to have their say as many times as they want (we all get endless right of reply, including you and including me, and including the chance to clean up misinterpretations and misunderstandings on everyone’s part, largely for the benefit of onlookers who can decide for themselves). (I don’t then change my review scores, ever, but I do sometimes refer to interesting dissenting points of view the next time the group in question comes up, as indeed I will be the next time we meet the Marvelettes in a few months’ time). So. I didn’t call anything “one-straw” (what does that even mean?), I said you were knocking down one-line straw men. Which you were, and still are! It isn’t an insult (it refers to the thing you’re arguing with, not your subsequent disagreement), I’m enjoying reading your thoughts, I just think you’re fighting a battle where nobody’s actually disagreeing with you. You keep coming up with examples to disprove a totally different argument, one I’ve never actually made – as if I’d said “the Marvelettes’ records from years apart sound very different from each other, unlike those of any other Motown act”. Which is not what I said at all, mainly because that would be completely wrong, as you’ve quite rightly shown 🙂 I’m saying that for all the obvious and undeniable musical evolution for every Motown act for the period between 1964 and 1967, the changes in the overall sound of the Marvelettes are perhaps the most marked, to the point they sound (to me) like two different groups. (As Mike C states below, they changed not just lead singer but their entire model – in a way that, for me, doesn’t hold true to the same extent for other Motown acts of the same period.) If they’d rebranded themselves for the likes of Hunter/Pink Album as (e.g.) the Darnells, I don’t think people would necessarily peg them as being the same group only older – unlike the Supremes, Temptations, Vandellas, Tops or Jimmy Ruffin over the same period (not a random period of your choosing), where to me while the records sound different (obviously) they are still clearly identifiable as the same act underneath. Disagree with any or all that, by all means, but let us be clear what it is you’re disagreeing with 🙂 We are going in circles, my friend. You stated “but it’s interesting to me that the early-Sixties and late-Sixties Marvelettes sound like two different groups”. That infers that it was somehow unique to the that group. That was ALL I differed with you on. You now say: “the changes in the overall sound of the Marvelettes are perhaps the most marked, to the point they sound (to me) like two different groups” Again, I will differ with you. Do you REALLY think that early Tempts stuff with Paul Williams or Eddie Kendricks singing, and produced by Smokey, sounds ANYTHING like Dennis Edwards singing on the Whitfield produced stuff? Do you REALLY think that Billy Gordon, singing “Do You Love Me” with the Contours, produced by Berry Gordy, sounds ANYTHING like “Just a Little Misunderstanding”, sung by Jo Stubbs, and produced by Clarence Paul & Mickey Stevenson? That is not a “straw man” or any other put down you wanna tag on it. You are simply ignoring the point. MANY Motown bands swapped singers and producers ( the Temps, the Supremes, the Contours, the Velvelettes to name a few), AND changed their styles between the early and late 60’s. You are simply WRONG to hang that purely on the Marvelettes. 🙂 Yes, we’re going around in circles, because as far as I can see you’re still arguing about things I’ve not actually said, and providing (perfectly correct!) examples to “prove” things I already agree with, so I have a strong suspicion that we are simply misunderstanding each other’s points (except… please take my word for it, accusing you of “arguing against a straw man” is not the insult or put-down you think it is. Honestly it’s not.) In super brief, it was my argument (and my only argument) that between 1964-67 the Marvelettes’ sound changed more abruptly and dramatically than their labelmates (many of whom, yes, very obviously changed more dramatically, or as much, over/in a different time frame – we’ve always agreed on this point!!). But look, forget about this, because what’s important is, whether by luck or judgement, you’re right, I was indeed WRONG – the Contours! Yes, I’m an idiot for forgetting them – they certainly fit the same mould of dramatic transition between 1964-67 and I’d quite forgotten about them… (though, here’s a question: to all intents and purposes, could you say they really were a different group? Discuss!) …and I readily concede that, yes, their change in sound was at least as dramatic as that of the Marvelettes. Well done, let’s all have some tea and cake * 🙂 That’s probably too long for most skim-readers to see, so… SOSHE WAS RIGHT * NB: there is no tea and cake (this comment box column squishing is really annoying, and makes even quite concise replies look like the epilogue to War and Peace) An even more squished reply! 🙂 With the greatest of respect,TNA, you really don’t wanna concede the whole point, do you, although I appreciate the wit at the end. You seem to belittle dissent as a way of countering it (although your next reply, if there is one, will say you don’t 🙂 ) So here’s a thing: The phrase I disagreed with was this: “but it’s interesting to me that the early-Sixties and late-Sixties Marvelettes sound like two different groups” That was EXACTLY as you wrote it, and I took specific issue with that. But you now say: “as I can see you’re still arguing about things I’ve not actually said” NO I AM NOT, TNA – I am arguing about a statement you SPECIFICALLY said. And you now try to muddy the waters by picking up on the personnel changes within the Contours. OK, lets look at the “early 60’s and late 60’s” (your phrase) as a whole. If you had been there, or had paid any real attention to its history, you would know that music changed dramatically during that period – probably more so than in any other decade in modern musical history. And unlike later decades, it wasn’t about reviving old styles. The music revolution of the later 60’s created NEW music – and ANY self respecting band or musician wanted to be part of it. Compare “Please Please Me” by the Beatles (1963) with “Lucy In The Sky With Diamonds” (1967). Same band. same Producer. Sound just a tad different, don’t they?? Listen to Eric Clapton playing live with the Yardbirds in 1963, singing Don & Bob’s “Good Morning Little Schoolgirl”. Then listen to him singing Robert Parker’s “Crossroads” (1968). Two live concerts. Same singer. Sounds more than a little different though, doesn’t it?? I could go on, but you accuse me of picking particular examples. The thing is, AND YOU SHOULD KNOW THIS, almost EVERY BAND and musician, if you compare their early 60’s output with their later 60’s output, WILL HAVE CHANGED. So the statement (which you DID say, so please don’t infer that you didn’t) : is WRONG on all levels. It infers a lack of understanding about the Marvs – of course they changed – they were developing like their co-bands on the label. It infers a lack of understanding of Motown – they wanted ALL their bands to develop and change – the ones who didn’t were dropped, because they were seen as old fashioned. And it infers a lack of understanding of the 60’s as a musical decade – OK, you weren’t there – so why extemporise to such an extent that you have to come up with jealousies within the group to explain a process that almost ALL bands went through in the 60’s?? You probably think I am going on about this – well, as long as you keep denying that you said it in the first place – there will still be an itch to scratch. Why not try “Yes, I was wrong”, without the “ah, buts”……… 🙂 🙂 🙂 Oh, for the love of… Right, let’s do this. Unsquished reply is below. I agree with Mr. Nixon. The Marvelettes move was a stylistic one. The later records are no longer group/choral singing – the records are lead vocal with sweetening, added background vocals. Of course, ALL of Motown’s acts and records changed. The music changed. But the groups still maintained their identity. It’s surprising that The Marvelettes made records in the group singing mode as long as they did. They evolved from homespun to sophisticated soul. It’s in the grooves and the two “phases” do sound like they are entirely different groups. The Marvelettes became distinctive quickly. (Or perhaps they didn’t. Like you say, Mr. Nixon- the absence of records was great) But the craziness of adding Ann Bogan’s style to the mix is another trick where Motown used The Marvelettes in every way possible to see what WAS possible for the genre a la Motown style. Gosh, we had The Darnell’s record. The Marvelettes were constantly being railroaded, yet following directions to a tee. Can you imagine if they did that to the Supremes? —Hey, here’s a new little record on the Gordy label by The Prissettes: “Who’s Foolin’ Who?” uh huh…right….. Wanda Young practiced a style. Prepared and moved forward. The woman deserves credit for real talent, hard work, perseverance and guts! Plus- what a voice! Dear Soshe, I’ve been, I feel, more than reasonable given your repeated rudeness about my credentials and “understanding” of Motown, and it feels like every time I turn the other cheek you just go right on slapping away, while if I bite, you accuse me of hypocrisy, me having requested dissent and all. I’m sorry if you feel I’ve “belittled” you until now, as that was not the intention. Still isn’t the intention. With that said, I’m not going to “concede” anything, because I think – Contours aside – you’re wrong. But life is beautiful and far too short, and it’s sunny outside. And I fear this conversation may be boring other readers. If you honestly want me to put up a line-by-line rebuttal of what you’ve just said, which you can then reply to and I can then reply to and so on and so on, we can absolutely do that – but on the understanding it’ll be solely at your request. Otherwise – and this is not an attempt to shut down debate, but simply to increase the peace, while leaving both of our conflicting opinions up here for posterity (both to speak for themselves, and to prove that dissent is, indeed, encouraged) – I’m perfectly happy to say let’s agree to disagree, and move on. It’s your call. You should have been a politician, my friend (or maybe you are). Your ability to avoid a straight answer is to be commended. Let’s just say that I’m your Jeremy Paxman, and leave it at that 🙂 It’s worse than that, Soshe. If there’s one thing I’ve learned in life, it’s never to argue with a lawyer! Beat me to it by a couple of minutes there 🙂 You say you believe our host’s statement that “…it’s interesting to me that the early-Sixties and late-Sixties Marvelettes sound like two different groups…” is incorrect. I hate to go all Grammar Nazi/Debate Team on you, but if you examine the sentence, you’ll see that it is a statement of personal belief, not of a universal fact (signified by the phrase “to me”, showing that it is a personal belief). Therefore, his statement cannot be proven or disproven, unless you can somehow read his mind and produce evidence that he doesn’t really feel that way. Whistle had already gone, but thanks anyway. I learned a lot, mainly that I need to be clearer in what it is I’m actually saying, and also that offering a handshake of peace to some people simply leaves your groin unprotected. But it was for the best; I could practically hear the stifled yawns from other readers. More new posts soon. benjaminblue said: Hearing this song for the first time on a cheap transistor radio and especially in the context of the era — when you were bombarded by the Beatles’ and other British groups’ latest records and when Motown’s pre-1964 catalog was largely unknown — what struck you immediately, what with the growling guitar riff, followed by the preliminary organ announcement of the chorus, was, “wow, that seems to have been lifted from a Rolling Stones’ or Animals’ session.” Then, as the vocals began, you thought of the Jaynettes singing “Sally Go Round The Roses,” another moody, mysterious song from the relatively recent past. On repeat listens, you identified some recognizable Motown elements: the vibes, the catchy tune and the clever lyrics. Together, these had the same infectious quality that characterized the Supremes’ and the Four Tops’ songs of the 1964/65 period. If you were a young teen, you certainly heard something other than a companion piece to “Please Mr. Postman” or “Beechwood 4-5789,” which you maybe remembered vaguely from a few years earlier. By then, the Marvelettes of that earlier time seemed trite, while the Marvelettes of this record seemed relevant and of a piece with both the international music scene and the H-D-H era Motown. Again in context, a few years later, I did not think of this song as a precursor of “I Heard It Through The Grapevine,” perhaps because I didn’t internalize the message of either record; they were exciting and appealing sounds and they were special tracks, but they were not about my experience. Or perhaps at that point, lyrics were somewhat secondary, after the assemblage of the right voices, rhythms, songs and instrumentation. Thanks for making that connection between the two songs; it seems so apparent now! Lars Nilsson said: Don’t know if been mentioned here… but the UK single mono release (TMG 546) of “Bill” just use one channel of the USA stereo mix… without drums and organ! How are you gonna have this song with no organ or drums. Thats the backbone of the whole record!!!! “Those marvellous Marvelettes can chalk up another winner here with a groovy and swinging number that really gets under your skin after a couple of spins. Gladys [sic] tells the story, which takes the form of a warning, with gentle determinedness. Cool. 4/5 “Flip is a Chiffons’ type number which seems without precedent in the Marvelettes’ repertoire. A very polished and potent performance, but not as strong as some of their previous flip sides. 4/5” [Dave Godin, Hitsville USA 12, 1966] Donald White said: To whpm it may concern: Ttibute to smokey robinson would sustain inter_ruption by smokey robinson himsrlf subsrquent to him. Finding it more necesdary to pay tribute to the likes of aretha franklin,barry gordy,stevie wonder,the. Rest of his peers and especially to his beloved mother who taught him about lofe’s pitfalls. Smokey earned his rights to royalties written in abundancr and the legislature.verifies that in congress assembledif aretha was alive…neo-motown /anonymously yours in appreciation of god_given talent. Have Your Say (dissent is encouraged!) Cancel reply This is Motown Junkies, an unofficial track by track history of Motown: in-depth analysis and discussion of both sides of every Motown single ever released between 1959 and 1988. Enjoy! Index of all reviews to date Lucky Dip (a random review) Best Music & Entertainment Blog Wales Blog Awards 2012 693. The Four Tops: “Just As Long As You Need Me” 692. The Four Tops: “Shake Me, Wake Me (When It’s Over)” 691. Marvin Gaye: “When I Had Your Love” 690. Marvin Gaye: “One More Heartache” 689. The Isley Brothers: “There’s No Love Left” Robb Klein on 593. The Spinners: “Tomo… Bill Hales on 593. The Spinners: “Tomo… Bill Hales on 684. The Elgins: “Darlin… Bill Hales on 612. The Marvelettes: “D… Donald White on 666. The Marvelettes: “D… 144man on 544. Martha & the Vandella… Don'tMessWithWill on 544. Martha & the Vandella… Steve Eaton on 354. The Supremes: “When… Steve Eaton on 101. The Marvelettes: “S… Robb Klein on 346. Kim Weston: “Just L… 308. The Wright Specials: "I Won't Go Back" 339. 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__label__cc	0.714588	0.285412	Posted on August 12, 2009 April 6, 2014 by Mike Sule As much as I love cycling in Asheville, it is not without its challenges: steep terrain, erratic weather, a lack of infrastructure and harassment by hostile motorists. The latter peril was graphically illustrated July 26, when Asheville firefighter Charles Diez allegedly harassed Alan Simons verbally, pointed his gun at Simons' head and pulled the trigger — in front of the cyclist's wife and 3-year-old child — apparently because Diez disapproved of Simons' having his child in a bike seat. Thankfully, the bullet hit Simons' helmet but missed his head, and our city now has an opportunity to use this spiteful shooting to reflect on the very real tension that exists between motorists and cyclists without having to bury a father. But for me, this kind of hostility is the most frustrating local cycling challenge, because it's the product of a pointless malice that has no rational basis. How silly is it that we harass one another based on our transportation preferences? Yet the consequences are severe — and potentially fatal. Fortunately, the more time you spend riding in the city, the more avoidance and defensive strategies you learn, thus reducing the likelihood of injury and death. But the fact is, cyclists are vulnerable, whereas the motorists who endanger them can all too easily drive off and disappear. And experienced riders know that while motorist harassment generally lacks creativity and falls into four readily recognizable categories, all of them can threaten cyclists' lives. "Projectile harassment" involves throwing something at a bicyclist. Often, it consists of drive-through refuse or a glass bottle, but motorists can and do hurl just about anything that might be cluttering up their vehicle's interior. I've heard stories of everything from shoes to diapers being flung at riders. Projectile harassment most commonly happens when motorist and cyclist are traveling parallel to each other. Cyclists must learn how to dodge the lobbed obstacle or endure the encounter without losing control and either colliding with the car or going off the road. Then there is "noise assault" — typically, a vulgarity or series of vulgarities shouted by the motorist, though it can also take the form of aggressive horn-honking (or, sometimes, both). Noise assaults tend to come from a vehicle traveling either behind or beside the cyclist. They may continue for an extended period of time, often running in a pattern: "vulgarity, beep-beep, vulgarity, beep; vulgarity, beep-beep, vulgarity, beep" and so on. This tests the cyclist's nerves and is particularly disturbing in tunnels. In the "bully mass," a driver pits the motor vehicle's considerable mass against the decidedly lesser mass of a bicycle and rider, highlighting the latter's vulnerability. An intimidation tactic, the bully mass can easily lead to a collision or the cyclist's being driven off the road and into whatever unfriendly terrain may begin where the asphalt ends. Our narrow city roads and lack of bike lanes make it harder for cyclists to avoid ending up in a ditch. Until recently, I'd understood the fourth form of harassment, the "wild-card combo" — employing any two of the above harassment strategies simultaneously — to be the greatest threat to the cyclist's safety. The wild-card combo is terrifying for several reasons, but the fundamental concern stems from the fact that multitasking while driving is always risky business. Each year, countless vehicular collisions result from a motorist's texting, phoning or even choosing music while negotiating traffic. Anything that distracts the motorist from the primary task of driving compromises safety and increases the risk of mishap. So imagine what happens when a driver decides to use both projectile and bully-mass harassment. While approaching the cyclist and sizing up the target, the motorist rummages about the car's interior in search of an ideal object to lob. That takes one hand off the wheel and divides the driver's attention between keeping the car on the road, keeping the cyclist in the cross hairs, and finding a suitable weapon. Meanwhile, the motorist is also initiating the bully mass, steering perilously close to the chosen target and placing the rider's life in jeopardy. The fact that some motorists find this particular mode of transportation so intolerable that they're willing to run the risk of killing someone is ludicrous. It defies all reason — yet it happens on our city streets, daily. Divisive and angry is no condition to be in when moving about city streets, especially if you've taken on the responsibility of maneuvering a 2-ton machine through our neighborhoods and business districts. Nothing good ever comes from armed and angry, and that's exactly what a motorist is who disregards the cyclist's lawful right to the roads, practicing annoying harassment at best and, too often, something far, far worse. Meanwhile, Asheville's transportation network is changing: The automobile is no longer king of the road. As the city implements its Comprehensive Bicycle Plan and adopts a Transit Master Plan, more and more residents will start taking advantage of alternatives to cars. Bicycles are cheap, efficient, green and healthy. Some cyclists feel called to pedal due to environmental concerns, while others turn to the bicycle out of necessity in these harsh economic times. Still others are looking for quick exercise or affordable, quality, family time. The reasons vary, and the number of local cyclists continues to multiply. But change is always a challenge, and community leaders, organizers and residents all have roles to play in improving the conditions on our streets. We all have a stake in safe transportation. I challenge both motorists and cyclists to take personal responsibility for keeping local roads safe for everyone. As our transportation options diversify, it's time to make road rage and cyclist harassment things of the past. Let's move beyond the "something worse" and embrace something better. [Asheville resident Mike Sule is the founder of Asheville on Bikes.] like1.6 K viewsOpinion Mountain Xpress Webmaster Follow me @MXWebTeam The Gospel According to Jerry Media with a mission 6 thoughts on “Mean streets” Opus the Poet A peace treaty implies that both sides will lay down arms. But in this case even if drivers agree to stop using firearms they will still be equipped with one of the deadliest weapons in use in the United States, a motor vehicle. The CDC says that gunshot wounds are 9% fatal, but the NHTSA says that at 30 MPH motor vehicles are 50% fatal and at 40 they are 85% fatal, against pedestrians and cyclists. Even at only 20 MPH motor vehicles will kill 5% of the people they hit and injure 50% badly enough to require transport to a medical facility for treatment. If this were a weapon at 20 MPH it would be on the verge of being too deadly for use in lawful warfare, as hollow point bullets were declared some time ago. “It’s time motorists and cyclists signed a peace treaty” While I agree with the author that no cyclist or anyone on the street should be shot at, your letter is definitely not in the vein of your title. You appear to place all the reaction and blame on the motorists. What you don’t mention is the cyclists that do not obey the rules off the road. Everyday you see someone on a bicycle running a red light, stop sign, passing on the right. I have even seen them riding on 240 Blame needs to be placed on both sides. I do not ride, but I agree that cyclists have as much right on the road as anyone, but they also need to respect the laws. One point I do disagree on, the automobile is still “the king of the road”, and that is not going to change Remember that change has to work both ways Mitchxout I agree that bicyclists should obey traffic laws, but only when it’s safe to do so. For example, underground traffic light sensors won’t detect bicycles, scooters, or motorcycles. In many states, including NC since Jan 1, 09, it’s now legal for 2 wheelers treat lights like stop signs. It’s safer because it lessens the chance of a rear end collision and also puts the rider in an open area away away from packs of cars. Furthermore, I have to call bs on bicycles being seen on I-240. Even if bicycles did use the road (shoulder), the problems they’d cause would be minor compared to bad car behavior I see every day. Speeding, tailgating, exiting from the middle lane, slowpokes in the left lane, and cell phones are all too common. Honestly, WHAT is with people exiting (240 or 40 from my perspective) from the middle lane? this is crazy to me. Piffy! [b]You appear to place all the reaction and blame on the motorists. What you don’t mention is the cyclists that do not obey the rules off the road. Everyday you see someone on a bicycle running a red light, stop sign, passing on the right.[/b] And everyday I see driver’s disobey all kind of traffic laws as well. Rolling through stop signs, failing to signal a lane change, passing a bicyclist in a dnagerous spot (yes, this is illegal). Does this mean that [i]all[/i] drivers should be judged by how these people act? The fact is, too many drivers out there are completely unaware of what the rules of the road are, when it comes to bicycles. The difference is, although both have a right to be on the road, only one of them can potentially kill the other with their vehicle. I ride my bike, and drive. Unfortunately, most of the driver’s who disrespect bicyclists rights don’t even have the perspective of riding a bike, much less being run off the road by a driver’s illegal actions. I have been hit by bottles, had cars swerve to push me off the road, yell, curse, etc, even on calm, neighborhood roads. Until you’ve had your well-being seriously endangered, sometimes on a daily basis, you will have no idea what it’s like to be a bicyclist on the road. brebro In case you are somewhere that does not have print copies available: http://issuu.com/mountainx/docs/xpress_08_12_2009/70?zoomed=true&zoomPercent=146.6275659824047&zoomXPos=0.39590562109646077&zoomYPos=0.2645161290322581 Letter: The dissatisfied move in Letter: Add closed-circuit TV to prevent gun violence	cc/2019-30/en_middle_0064.json.gz/line1448
__label__cc	0.60201	0.39799	Lot 995 - November 18, 1934 Boston Redskins vs. Philadelphia Eagles Program - Sharp! 0.00 0 23d 0h 20m 24s Lot 996 - September 20, 1936 Boston Redskins at Philadelphia Eagles Program (Final Season in Boston) 0.00 0 23d 0h 20m 24s Lot 997 - October 11, 1936 Boston Redskins at Green Bay Packers Program (Final Season in Boston) 0.00 0 23d 0h 20m 24s Lot 998 - 1937 NFL Champion Washington Redskins Program Lot of (4) From Team's First Year in D.C. 0.00 0 23d 0h 20m 24s Lot 999 - 1938 Washington Redskins Program Near Set of (8/11) 0.00 0 23d 0h 20m 24s Lot 1000 - 1939 Washington Redskins Near Set of (10/11) Programs 0.00 0 23d 0h 20m 24s Lot 1001 - 1940 Washington Redskins Programs Near Set of (7/11) 0.00 0 23d 0h 20m 24s Lot 1002 - 1941 Washington Redskins Programs Near-Run of (9/11) With Baugh Autographed Season Opener Program 0.00 0 23d 0h 20m 24s Lot 1003 - 1942 NFL Champion Washington Redskins Programs Near-Complete Run of (7/11) Plus (2) Exhibition and (5) Signed by Baugh 0.00 0 23d 0h 20m 24s Lot 1004 - December 7, 1941 Giants vs. Dodgers "Tuffy Leemans Day" Football Program - Pearl Harbor Day 0.00 0 23d 0h 20m 24s Lot 1005 - Joe Namath September 18, 1965 First NFL Game Program 0.00 0 23d 0h 20m 24s Lot 1006 - 1939-1961 Football Program Lot of (3) with Jackie Robinson College & (2) Reggie Jackson High School 0.00 0 23d 0h 20m 24s Lot 1007 - Super Bowl Program Lot of (25) Different 0.00 0 23d 0h 20m 24s Lot 1009 - 1994-1998 Peyton Manning University of Tennessee Program/Ticket/Stub Lot of (72) 0.00 0 23d 0h 20m 24s Lot 1010 - 1947-1957 Tennessee Volunteers Football Program & Ticket Stub Lot of (86) with Bowl Games 0.00 0 23d 0h 20m 24s Lot 1011 - 1934-1936 "Intercollegiate Football" Hardbound Pictorial Guide and Supplements (3 Items) 0.00 0 23d 0h 20m 24s Lot 1012 - 1930s-1970s Football Publications (37) 0.00 0 23d 0h 20m 24s Lot 1013 - 1925-1999 Football Publication Treasure Chest Lot of (128) 0.00 0 23d 0h 20m 24s Lot 1014 - 1960s-1980s NFL & AFL Media Guide Lot of (148) 0.00 0 23d 0h 20m 24s	cc/2019-30/en_middle_0064.json.gz/line1455
__label__wiki	0.669338	0.669338	Politik & Persoalan Kekinian Banking Day 3 Diunggah oleh Camille simpanSimpan Banking Day 3 Untuk Nanti Nego case digests 02-PNB v Sps Rodriguez Nego Checks banking law cases.docx Case Assignment for Research Pacheco v. Court of Appeals Albrecht_4e_Ch02_solutions.doc Case Doctrines on Negotiable Instruments Law Digest Nego Negotiable Instruments Digest Bill of Exchange FAQ Negotiable Instruments Law 111811 Compiled Notes I Nego Negotiable Instrument Nedy Warren Report Philippine National Bank vs. Rodriguez Standard 16 - Theft and Fraud Control(1) auditchecklist1.pdf Internship report on Banking G.R. No. 93849 December 20, 1991 Producers Bank of the Phil. C 987955 do. do. 49,090.00 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. Equitable Banking 27624963 do. do. 14,965.00 DICK ONG y CHAN, LINO MORFE y GUTIERREZ, RICARDO VILLARAN and Phil. Bank of LUCILA TALABIS, accused, DICK ONG y CHAN, accused-appellant. Comm. 1915852 do. do. 63,900.00 The Solicitor General for plaintiff-appellee. -do- 1915855 do. do. 59,800.00 Leoncio T. Mercado for accused-appellant. -do- 1915856 do. do. 65,880.00 MEDIALDEA, J.: or all in the total amount of P575,504.00, are good and covered with sufficient funds in the banks, and by means of other similar deceits with the The accused, Dick Ong y Chan, Lino Morfe y Gutierrez, Ricardo Villaran and Lucila conspiracy of his co-accused Lino Morfe y Gutierrez, Ricardo Villaran and Talabis, were charged with the crime of estafa in Criminal Case No. 44080 before the Lucila Talabis, in their capacities as officer-in-charge, branch accountant and Regional Trial Court of Manila, Branch 35. The information filed in said case reads, as bank branch cashier, respectively, of said bank (Home Savings Bank), follows (pp. 8-9, Rollo): induced and succeeded in inducing the management of the said bank to accept said checks as deposits, all the said accused well knowing that his (Dick Ong y Chan's) representations and manifestations are false and untrue That in (sic) or about and during the period comprised between December 6, and were made solely for the purpose of defrauding the said bank, and, in 1978 and January 31, 1979, both dates inclusive, in the City of Manila, accordance with the conspiracy, his co-accused Lino Morfe y Gutierrez, Philippines, the said accused, conspiring and confederating together and Ricardo Villara and Lucila Talabis, facilitated the opening of a savings helping one another, did then and there wilfully, unlawfully and feloniously account in the name of accused Dick Ong y Chan and, thereafter, approved defraud the Home Savings Bank in the following manner, to wit: the said said deposits; that on the strength of such deposits made and the opening of accused Dick Ong y Chan, by means of false manifestations and fraudulent an account, the said accused were able to withdraw the total amount of representations which he made to the management of the Home Savings P575,504.00, which once in their possession, with intent defraud, they Bank, Aurea Annex Branch, located at 640 Rizal Avenue, Sta. Cruz, in said City, to the effect that the following checks, to wit: thereafter wilfully, unlawfully and feloniously misappropriated, misapplied and converted to their own personal use and benefit, to the damage and prejudice of said Home Savings Bank in the said amount of P575,504.00, Philippine Currency. NAME OF CHECK NUMBER PAYBLE TO DATE AMOUNT Metropolitan Bank Contrary to law. & Trust Co 82508 Cash 1/30/79 P49,500.00 On October 15, 1979, the prosecution moved for the dismissal of the case, insofar as Equitable Bank 27624961 do. do. 14,569.00 accused Lino Morfe y Gutierrez is concerned, on the ground that after a reinvestigation, it was found that the evidence against him is not sufficient to sustain Phil. Bank of Comm T1907249 do. do. 59,600.00 the allegations contained in the information (p. 54, Records). On October 31, 1979, the trial court granted the motion (p. 6 Records). -do- T1907249 do. do. 67,400.00 China Banking Upon being arraigned, the remaining three (3) accused entered the plea of not guilty Corp. QCO86174A do. 1/31/79 69,850.00 to the crime charged. After trial on the merits, the trial court rendered its decision on Pacific Banking January 11, 1990, the dispositive portion of which reads, as follows (p. 26, Rollo): Corp. PCB 238056 S do. 1/31/79 60,890.00 WHEREFORE, judgment is rendered: (1) pronouncing accused DICK ONG y official of the Bank. But all of those uncleared checks deposited by Dick Ong CHAN guilty beyond reasonable doubt, as principal, of ESTAFA defined prior to January 3, 1979 and against which he was allowed to withdraw were under No. 2 (d) of Article 315 of the Revised Penal Code, as amended by subsequently honored and paid by the drawee banks. (TSN, Mar. 9, 1981, Republic Act 4885, and penalized under the lst paragraph of the same Code pp. 101-104; TSN, Mar. 18, 1981, pp. 144 -146.) as amended by Presidential Decree No. 818, and sentencing said accused to RECLUSION PERPETUA; (2) ACQUITTING accused Lucila Talabis and On January 30, 1979, Dick Ong issued and deposited in his savings account Ricardo Villaran, their guilt of (sic) the felony charged against them not with the Bank the following checks: having been established beyond reasonable doubt; (3) ordering accused Dick Ong to pay the Home Saving Bank and Trust Company the sum of P559,381.34 as partial reparation of the damage caused to said Bank; (4) ordering forfeited in favor of the Home Savings Bank and Trust Company Drawee Bank Check No. Payee Amount the sum of P16,122.66 the positive balance remaining outstanding in Savings 1. Metropolitan Bank & Account No. 6-1981 of accused Dick Ong with, and in the possession of, said Trust Co. 82508 Cash P49,500.00 Bank to complete the reparation of the damage caused by Dick Ong to the Bank; (5) ordering accused Dick Ong to pay one-third (1/3) of the costs; and 2. Equitable Bank 27624961 Cash 14,569.00 (6) ordering two-thirds (2/3) of the costs charged de oficio. 3. Phil. Bank of Comm. T-1907265 Cash 59,600.00 SO ORDERED. On February 15, 1990, the accused-appellant filed a motion for reconsideration. On March 22, 1990, he filed a supplemental memorandum in support of the motion for TOTAL P191,069-00 reconsideration. On April 3, 1990, said motion was denied for lack of merit (pp. 575- 576, Records). Hence, the present appeal by Dick Ong y Chan. Afterwards but before these checks could be cleared and the Bank could collect their amounts from the drawee banks, Lucila Talabis allowed and The facts of this case were summarized by the trial court, as follows (pp. 18-20, Rollo): approved the withdrawal of Dick Ong against the amounts of said checks. (TSN, Mar. 18, 1981, pp. 47-48.) Accused Dick Ong was one of the depositors of the Home Savings Bank and Trust Company in its Aurea Annex Branch at Rizal Avenue, Sta. Cruz, On the following day, January 31, 1979, Dick Ong also issued and deposited Manila, hereafter, to be referred to as the Bank. He opened his savings in his savings account with the Bank the following check; account on December 6, 1978, under the Bank's Saving Account No. 6-1981, with an initial deposit of P22.14 in cash and P10,000.00 in (a) check. On the same date, December 6, 1978, without his check undergoing the usual Drawee Bank Check No. Payee Amount and reglamentary (sic) clearance, which normally takes about five working days, Dick Ong was allowed to withdraw from his savings account with the 1. China Banking Corporation QC08617A Cash P69,850.00 Bank the sum of P5,000.00. The corresponding withdrawal slip was signed 2. Pacific Banking and approved by Lino Morfe, then the Branch Manager, and accused Lucila Corporation PCB238056 S Cash 60,890.00 Talabis, the Branch Cashier. 3. Producers Bank of the Phil. C987955 Cash 49,090.00 That initial transaction was followed by other similar transactions where Dick Ong, upon depositing checks in his savings account with the Bank, was 4. Equitable Banking 27624963 Cash 14,965.00 allowed to withdraw against those uncleared checks and uncollected deposits. The withdrawals were authorized and approved by accused 5. Phil. Bank of Ricardo Villaran and Lucila Talabis, sometimes jointly, sometimes by aither Communications 1915852 Cash 639,000.01 (aic) of them alone, and at other times by one of them together with another 6. Phil. Bank of 1915855 Cash 59,860.00 Communications 5. Exhibit 5 — Ong. — The letter dated July 6, 1979, of Lino Morfe to the 7. Phil. Bank of Assistant Fiscal of Manila, transmitting his (Morfe's) affidavit. Communications 1915856 Cash 65,880.00 6. Exhibits 5-a — Ong to 5-a-3-Ong. — Affidavit of Lino Morfe sworn on TOTAL P384,435.00 June 28, 1979. 7. Exhibit 5-b — Ong. — The Bank's Memorandum dated January 31, 1979, to all Branch Manager/Extension Office O.I.C. (sic) requiring them to furnish the Head Office of the Bank every Monday and Thursday with a list Subsequently, but before said seven checks were cleared and the Bank had of all "drawn against" and "encashment" acommodations (sic) of P1,000.00 collected their amounts, Lucila Talabis and then officer in charge of the Bank and above granted by the Branch during the week. Grace Silao allowed and approved the withdrawals of Dick Ong against the amounts of these seven checks. (TSN, lbid., pp. 47-48.) 8. Exhibit 6 — Ong. — The sworn statement of accused Dick Ong. However, when the Bank presented those eleven checks issued and deposited by Dick Ong on January 30, 1979 and January 3l, 1979 and against On the other hand, accused Lucila Talabis admitted that she approved the which he made withdrawals against (sic) their amounts, to their respective withdrawals of the accused-appellant against uncleared checks. However, she drawee banks for payment, they were all dishonored for lack or explained that her approval thereof was in accordance with the instruction of then insufficiency of funds. (TSN, Jan. 7, 1981, pp. 90-101; TSN, May 8, 1981, pp. bank manager Lino Morfe; that this accommodation given or extended to the 74-75.) accused-appellant had been going on even before she started giving the same accommodation; that this was common practice in the bank; that she approved those withdrawals together with one other bank official, namely, either the bank manager, The accused-appellant neither took the witness stand to testify in his behalf, nor the bank accountant, the other bank cashier, or the bank assistant cashier; and that presented any witness to testify in his favor. Instead, he offered the following they reported those withdrawals against, and the dishonor of, the subject checks documents (p. 20, Rollo): always sending copies of their reports to the head office. 1. Exhibit 1 — Ong. — The letter dated June 27, 1980 of the Central Bank Accused Ricardo Villaran testified on his behalf that the accused-appellant was able Governor to all banks authorized to accept demand deposits, enjoining strict to withdraw against his uncleared checks because of the accommodations extended to compliance with Monetary Board Resolution No. 2202 dated December 21, him by bank officials Lino Morfe, co-accused Lucila Talabis, Grace Silao, Precy 1979, prohibiting, as a matter of policy, drawing against uncollected deposits Salamat, and Cora Gascon; that this practice of drawing against uncollected deposits effective July 1, 1980. was a common practice in branches of the Bank; that on December 14, 1978, the accused-appellant withdrew the sum of P75,000.00 against his uncleared checks; that 2. Exhibit 2 — Ong. — The Memorandum of the Central Bank Governor on December 21, 1978, the accused-appellant deposited several checks in the total dated July 9, 1980, to all banks for their guidance, that Monetary Board amount of P197,000.00 and withdrew on the same date the sum of P120,000.00; that Resolution No. 2202 dated December 21, 1979, prohibiting, as a matter of on January 23, 1979, the accused-appellant again deposited several checks in the policy, drawing against uncollected deposits effective July 1, 1980, covers aggregate sum of P260,000.00 and withdrew also on the same date, the amount of drawing against demand deposits as well as withdrawals from savings P28,000.00; and that he (Villaran) approved these three withdrawals of the accused- deposits. appellant against his uncollected deposits. 3. Exhibits 3 — Ong. — and 3-a. — Clippings from the Bulletin Today issue In this appeal, the accused-appellant assigns the following errors committed by the on July 25, 1980 regarding on (sic) ban on DAUD (drawn against uncollected trial court: deposits) effective July 1, 1980, and the one-day loan which replaced the DAUD arrangement. 1) it concluded that the withdrawals against the amounts of the subject checks before clearance and collection of the corresponding amounts thereof by the depository bank 4. Exhibit 4 — Ong. — The sworn statement of Lino Morfe before the from the drawee banks is deceit or fraud constituting estafa under Article 315, METROCOM taken on February 11, 1979. paragraph 2(d) of the Revised Penal Code, in the total absence of evidence showing criminal intent to defraud the depository bank; and not a case which is civil in nature accused-appellant made an offer to pay the amounts covered by the subject checks, governed solely by the Negotiable Instruments Law; said offer is not sufficient to rebut the prima facie evidence of deceit. There is no showing that the accused-appellant deposited the amounts necessary to cover the 2) it stated that he issued and deposited the subject checks when he is not the issuer, subject checks within three (3) days from receipt of notice from Bank and/or the maker, nor drawer thereof but merely an indorser; hence, his liability, if any, is that of payee or holder that said checks have been dishonored. The damage suffered by the a general indorser under the Negotiable Instruments Law; Bank consists in its inability to make use of the P575,504.00 it had delivered to the accused-appellant. 3) it convicted him on mere presumption, without any evidence that he had prior knowledge of the lack or insufficiency of funds in the drawee banks to cover the We are convinced that the accused-appellant is innocent of the crime charged against amounts of the subject checks; and him. 4) it failed to consider that a general indorser under the Negotiable Instruments Law Article 315, paragraph 2(d) of the Revised Penal Code, as amended by Republic Act warrants payment of the value of the checks indorsed by him; no damage could have No. 4885, provides: been suffered by the depository bank because he had offered payment thereof. Art. 315. Swindling (estafa) — Any person who shall defraud another by any To support the aforementioned assignment of errors, the accused-appellant alleges of the means mentioned hereinbelow shall be punished by: that based on the testimonies of co-accused Lucila Talabis and Ricardo Villaran, he did not employ any deceit or fraud on the Bank because the practice of deposit and ..., provided that in the four cases mentioned, the fraud be withdrawal against uncleared checks and uncollected deposits was tolerated by it. As committed by any of the following means: soon as he learned of the dishonor of the subject checks, he offered to pay the amounts thereof (see pp. 48-49, tsn of Felix Hocson, May 8, 1981) and put up as xxx xxx xxx security his property. The subject checks were not in payment of an obligation but were deposited in his savings account. He was merely a general indorser of the 2. By means of any of the following false pretenses or fraudulent subject checks and this being the case, his obligations as such, if any, should be acts executed prior to or simultaneously with the commission of the governed by Section 66 of the Negotiable Instruments Law. * The subject checks were fraud: issued or drawn by his customers and paid to him. He could not have had any knowledge as to the sufficiency of their funds in the drawee banks. The Office of the Solicitor General disputes the allegations of the accused-appellant. According to it, by reason of the accused-appellant's antecedent acts of issuing and (d) By post-dating a check, or issuing a check in payment of an depositing check and withdrawing the amounts thereof before clearing by the drawee obligation when the offender had no funds in the bank, or his funds banks, which checks were later honored and paid by drawee banks, he was able to deposited therein were not sufficient to cover the amount of the gain the trust and confidence the Bank, such that the practice, albeit contrary to sound check. The failure of the drawer of the check to deposit the amount banking policy, was tolerated by the Bank. After thus having gained the trust and necessary to cover his check within three (3) days from receipt of confidence of the Bank, the accused-appellant issued and deposited the subject notice from the bank and/or the payee or holder that said check checks, the amounts of which he later withdrew, fully aware that he had no sufficient has been dishonored for lack or insufficiency of funds shall be funds to cover the amounts of said checks in the drawee banks. Contrary to the prima facie evidence of deceit constituting false pretense or accused-appellant's allegation, the trial court found that he issued and deposited the fraudulent act. subject checks in his savings account. As drawer of the subject checks, the accused- appellant had the obligation to maintain funds in his current account in the drawee The following are the elements of this kind of estafa: (1) postdating or banks sufficient to cover the amounts thereof or, in case of dishonor, to deposit within issuance of a check in payment of an obligation contracted at the time the three (3) days from receipt notice of dishonor, the amounts necessary to cover the check was issued; (2) lack or insufficiency of funds to cover the check; and check. The testimony of Felix Hocson, Senior Vice President and Treasurer of the (3) damage to the payee thereof (People v. Tugbang, et al;, G.R. No. 76212, Bank, apart from being hearsay, does not prove that the accused-appellant made an April 26, 1991; Sales v. Court of Appeals, et al., G.R. No. L-47817, August 29, offer to pay the amounts covered by the subject checks. Even assuming arguendo that 1988, 164 SCRA 717; People v. Sabio, Sr., etc., et al., G.R. No. L-45490, November 20, 1978, 86 SCRA 568). Based thereon, the trial court concluded or rather, two of those checks are in the account of Mr. Dick that the guilt of the accused-appellant has "been duly established by the Ong but the other checks are not in his account. required quantum of evidence adduced by the People against (him)" (p. 22, Rollo). We shall confine Our discussion only on the first element because Court — there is no argument that the second and third elements are present in this case. For an orderly discussion of this element, We will divide it into two (2) Q: In other words, there are checks where the depositor parts: first, "postdating or issuance of a check," and second, "in payment of himself was also Mr. Dick Ong? an obligation contracted at the time the check was issued." A: Could I go over the checks, Your Honor. Inasmuch as the first part of the first element of Article 315 paragraph 2(d) of the Revised Penal Code is concerned with the act of "postdating or issuance of a check," the accused-appellant raises the defense that he was Q: Is it indicated there? neither the issuer nor drawer of the subject checks, but only an indorser thereof. Thus, his liability, if any, should be governed by the provision of the A: Yes, Your Honor, it.is. Negotiable Instruments Law, particularly Section 66 thereof, supra. Also, he could not have had any knowledge as to the sufficiency of the drawers' Q: All right, go over the checks. funds in their respective banks. The Office of the Solicitor General contend's that the trial court found as a fact that the accused-appellant issued the A: There is one check, Your Honor. It is a China Banking subject checks. Corporation check in the amount of P69,850.00 (Witness referring to Exhibit "Z"). The contention of the Office of the Solicitor General is accurate only in part. In the trial court's disquisition on the liability of the accused-appellant, it Q: Now, why do you say that the current checking said (p. 22, Rollo): account or current account was opened by Mr. Dick Ong himself. There is no question that on January 30, 1979, accused Dick Ong issued or used and indorsed, and deposited in his Savings A: Because he is the drawer of the check, Your Account No. 6-1981 with the Bank the four checks ... . Honor.(emphasis supplied) There is likewise no dispute that on the following date, January 31, Thus, the fact established by the prosecution and adopted by the 1979, Dick Ong issued or used and indorsed, and deposited in his trial court is that the subject checks were either issued or indorsed by savings account with the Bank seven checks ... . (emphasis the accused-appellant. supplied) In the case of People v. Isleta, et al., 61 Phil. 332, which was recently On this subject matter, Fernando Esguerra, Intemal Auditor of the Bank and reiterated in the case of Zagado v. Court of Appeals, G.R. No. 76612, a witness for the prosecution, testified that (pp. 101-103, tsn, January 7, September 29, 1989, 178 SCRA 146, We declared the accused- appellant, who only negotiated the check drawn by another, guilty of estafa. This case of People v. Isleta, et al. was relied upon by the Court — trial court in its order dated April 3, 1990, which denied the accused-appellant's motion for reconsideration based on the same Q: You mentioned these checks, Mr. Witness. Did you or defense. The trial court erred in doing so. It must have overlooked anybody for that matter ever verify the actual depositors the ratio decidendi of the aforementioned case. We held the accused- of these checks whether it is Mr. Dick Ong himself.? appellant therein guilty of estafa because he "had guilty knowledge of the fact that (the drawer) had no funds in the bank when he A: Yes, Your Honor. Our Vice-President for Bank negotiated the (subject) check" (at p. 334). In the present case, the Operations verified said checks and found out that one of prosecution failed to prove that the accused-appellant had such knowledge with respect to the subject checks that he indorsed. In In this connection, the Office of the Solicitor General advances the applying Our decisions, it is not enough that courts take into view that by reason of the accused-appellant's antecedent acts of account only the facts and the dispositive portions thereof. It is issuing and depositing checks, and withdrawing the amounts imperative that the rationale of these decisions be read and thereof before clearing by the drawee banks, which checks were comprehended thoroughly. later honored and paid by the drawee banks, he was able to gain the trust and confidence of the Bank, such that the practice, albeit It goes without saying that with respect to the subject checks contrary to sound banking policy, was tolerated by the Bank. After wherein the accused-appellant was the issuer/drawer, the first part thus having gained the trust and confidence of the Bank, he issued of the first element of Article 315, paragraph 2(d) of the Revised and deposited the subject checks, the amounts of which he later Penal Code is applicable. However, this statement will lose its withdrew, fully aware that he had no sufficient funds to cover the significance in Our next discussion. amounts of said checks in the drawee banks. Regarding the second part of the first element of Article 315, This view is not supported by the facts of this case. Rather, the paragraph 2(d) of the Revised Penal Code, the accused-appellant evidence for the prosecution proved that the Bank on its own alleges that when he deposited the subject checks in his savings accorded him a drawn against uncollected deposit (DAUD) account, it was clearly not in payment of an obligation to the Bank. privilege without need of any pretensions on his part (pp. 7- The Office of the Solicitor General misses this point of the accused- 8, supra). Moreover, this privilege was not only for the subject appenant. checks, but for other past transactions. Fernando Esguerra and Felix Hocson even testified that in some instances prior to July 1, 1980, especially where the depositor is an important client, the Bank This single argument of the accused-appellant spells tilting the relaxed its rule and internal policy against uncleared checks and scale to his advantage. In several cases, We were categorical that uncollected deposits, and allowed such depositor to withdraw bank deposits are in the nature of irregular deposits. They are really against his uncleared checks and uncollected deposits. Admittedly, loans because they earn interest. All kinds of bank deposits, the accused-appellant was one of the important depositors of the whether fixed, savings, or current are to be treated loans and are to Bank (pp. 24-25, Rollo). Granting, in gratia argumenti, that he had in be covered by the law on loans. Current and savings deposits are fact acted fraudulently, he could not have done so without the loans to a bank because it can use the same (Serrano v. Central active cooperation of the Banks employees. Therefore, since Lucila Bank of the Philippines, et al., G.R. No. 30511, February 14, 1980, 96 Talabis and Ricardo Villaran were declared innocent of the crimes SCRA 96; Gullas v. Philippine National Bank, 62 Phil. 519; Central charged against them, the same should be said for the accused- Bank of the Philippines v Morfe, etc., et al., G.R. No. L-38427, March appellant (see People v. Jalandoni, G.R. No. 57555, May 30, 1983, 12, 1975, 63 SC 114; Guingona, Jr., et al. v. The City Fiscal of Manila, 122 SCRA 588). True it is that the Bank suffered damage in the et al. G.R. No. 60033, April 4, 1984, 128 SCRA 577). amount of P575,504.00 but the accused-appellant's liability thereon is only civil. The elements of estafa in general are: (1) that the accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and One additional statement made by the trial court in its decision (2) that damage or prejudice capable of pecuniary estimation is requires correction. It said that "[t]he circumstances that the drawer caused to the offended party or third person. Aside from the of a check had insufficient or no funds in the drawee bank to cover elements that We have discussed earlier, in the crime of estafa by the amount of his check at the time of its issuance and he did not postdating or issuing a bad check, deceit and damage are essential inform the payee or holder of such fact, are sufficient to make him elements of the offense and have to be established with satisfactory liable for estafa" (p. 23, Rollo). This statement is no longer proof to warrant conviction (U.S v. Rivera, 23 Phil. 383; People, et controlling. We have clarified in the case of People v. Sabio, Sr., etc., al. v. Grospe, etc., et al., G.R No. 74053-54, January 20, 1988,157 et al., supra, that Republic Act No. 4885 has eliminated the SCRA 154; Buaya v. Polo etc., et al., G.R. No. 75079, January 26, requirement under the old provision for the drawer to inform the 1989, 169 SCRA 471). payee that he had no funds in the bank or the funds deposited by him were not sufficient to cover the amount of the check. We, therefore, find that the guilt of the accused-appellant for the crime of estafa under Article 315, paragraph 2(d) of the Revised Penal Code has not been proven beyond reasonable doubt. However, We find him civilly liable to the bank in the amount of P575,504.00, less the balance remaining in his savings account with it (p. 26, Rollo), with legal interest from the date of the filing of this case until full payment. ACCORDINGLY, the decision and order appealed from are hereby SET ASIDE. The accused-appellant is ACQUITTED of the crime charged against him but ordered to pay the aforementioned amount. No costs. G.R. No. L-60033 April 4, 1984 and Loan Association, Inc., namely Homero Gonzales, Juan Merino, Flavio Macasaet, Victor Gomez, Jr., Perfecto Manalac, Jaime V. Paz, TEOFISTO GUINGONA, JR., ANTONIO I. MARTIN, and TERESITA Paulino B. Dionisio, and one John Doe) with estafa and violation of SANTOS, petitioners, Central Bank Circular No. 364 and related Central Bank regulations vs. on foreign exchange transactions, allegedly committed as follows THE CITY FISCAL OF MANILA, HON. JOSE B. FLAMINIANO, ASST. CITY (Petition, Annex "A"):têñ.£îhqwâ£ FISCAL FELIZARDO N. LOTA and CLEMENT DAVID, respondents. "From March 20, 1979 to March, 1981, David invested with the Nation Savings and Loan Association, (hereinafter called NSLA) the sum of MAKASIAR, Actg. C.J.:ñé+.£ªwph!1 P1,145,546.20 on nine deposits, P13,531.94 on savings account deposits (jointly with his sister, Denise Kuhne), US$10,000.00 on time deposit, This is a petition for prohibition and injunction with a prayer for the immediate US$15,000.00 under a receipt and guarantee of issuance of restraining order and/or writ of preliminary injunction filed by payment and US$50,000.00 under a receipt dated petitioners on March 26, 1982. June 8, 1980 (au jointly with Denise Kuhne), that David was induced into making the aforestated On March 31, 1982, by virtue of a court resolution issued by this Court on the same investments by Robert Marshall an Australian date, a temporary restraining order was duly issued ordering the respondents, their national who was allegedly a close associate of officers, agents, representatives and/or person or persons acting upon their petitioner Guingona Jr., then NSLA President, (respondents') orders or in their place or stead to refrain from proceeding with the petitioner Martin, then NSLA Executive Vice- preliminary investigation in Case No. 8131938 of the Office of the City Fiscal of President of NSLA and petitioner Santos, then Manila (pp. 47-48, rec.). On January 24, 1983, private respondent Clement David filed NSLA General Manager; that on March 21, 1981 a motion to lift restraining order which was denied in the resolution of this Court N LA was placed under receivership by the dated May 18, 1983. Central Bank, so that David filed claims therewith for his investments and those of his As can be gleaned from the above, the instant petition seeks to prohibit public sister; that on July 22, 1981 David received a respondents from proceeding with the preliminary investigation of I.S. No. 81-31938, report from the Central Bank that only in which petitioners were charged by private respondent Clement David, with estafa P305,821.92 of those investments were entered in and violation of Central Bank Circular No. 364 and related regulations regarding the records of NSLA; that, therefore, the foreign exchange transactions principally, on the ground of lack of jurisdiction in that respondents in I.S. No. 81-31938 misappropriated the allegations of the charged, as well as the testimony of private respondent's the balance of the investments, at the same time principal witness and the evidence through said witness, showed that petitioners' violating Central Bank Circular No. 364 and obligation is civil in nature. related Central Bank regulations on foreign exchange transactions; that after demands, petitioner Guingona Jr. paid only P200,000.00, For purposes of brevity, We hereby adopt the antecedent facts narrated by the Solicitor General in its Comment dated June 28,1982, as follows:têñ.£îhqwâ£ thereby reducing the amounts misappropriated to P959,078.14 and US$75,000.00." On December 23,1981, private respondent David filed I.S. No. 81- 31938 in the Office of the City Fiscal of Manila, which case was Petitioners, Martin and Santos, filed a joint counter-affidavit (Petition, Annex' B') in which they stated the following.têñ.£îhqwâ£ assigned to respondent Lota for preliminary investigation (Petition, p. 8). "That Martin became President of NSLA in March 1978 (after the resignation of Guingona, In I.S. No. 81-31938, David charged petitioners (together with one Jr.) and served as such until October 30, 1980, Robert Marshall and the following directors of the Nation Savings while Santos was General Manager up to November 1980; that because NSLA was urgently Annex "E") in which it was provided that the in need of funds and at David's insistence, his mortgage over one (1) parcel shall be cancelled investments were treated as special- accounts upon payment of one-half of the obligation to with interest above the legal rate, an recorded in David; that he (Guingona, Jr.) paid P200,000.00 separate confidential documents only a portion of and tendered another P300,000.00 which David which were to be reported because he did not refused to accept, hence, he (Guingona, Jr.) filed want the Australian government to tax his total Civil Case No. Q-33865 in the Court of First earnings (nor) to know his total investments; that Instance of Rizal at Quezon City, to effect the all transactions with David were recorded except release of the mortgage over one (1) of the two the sum of US$15,000.00 which was a personal parcels of land conveyed to David under second loan of Santos; that David's check for mortgages." US$50,000.00 was cleared through Guingona, Jr.'s dollar account because NSLA did not have one, At the inception of the preliminary investigation before respondent that a draft of US$30,000.00 was placed in the Lota, petitioners moved to dismiss the charges against them for name of one Paz Roces because of a pending lack of jurisdiction because David's claims allegedly comprised a transaction with her; that the Philippine Deposit purely civil obligation which was itself novated. Fiscal Lota denied Insurance Corporation had already reimbursed the motion to dismiss (Petition, p. 8). David within the legal limits; that majority of the stockholders of NSLA had filed Special But, after the presentation of David's principal witness, petitioners Proceedings No. 82-1695 in the Court of First filed the instant petition because: (a) the production of the Instance to contest its (NSLA's) closure; that after Promisory Notes, Banker's Acceptance, Certificates of Time NSLA was placed under receivership, Martin Deposits and Savings Account allegedly showed that the executed a promissory note in David's favor and transactions between David and NSLA were simple loans, i.e., civil caused the transfer to him of a nine and on behalf obligations on the part of NSLA which were novated when (9 1/2) carat diamond ring with a net value of Guingona, Jr. and Martin assumed them; and (b) David's principal P510,000.00; and, that the liabilities of NSLA to witness allegedly testified that the duplicate originals of the David were civil in nature." aforesaid instruments of indebtedness were all on file with NSLA, contrary to David's claim that some of his investments were not Petitioner, Guingona, Jr., in his counter-affidavit (Petition, Annex' record (Petition, pp. 8-9). C') stated the following:têñ.£îhqwâ£ Petitioners alleged that they did not exhaust available "That he had no hand whatsoever in the administrative remedies because to do so would be futile (Petition, transactions between David and NSLA since he p. 9) [pp. 153-157, rec.]. (Guingona Jr.) had resigned as NSLA president in March 1978, or prior to those transactions; that As correctly pointed out by the Solicitor General, the sole issue for resolution is he assumed a portion o; the liabilities of NSLA to whether public respondents acted without jurisdiction when they investigated the David because of the latter's insistence that he charges (estafa and violation of CB Circular No. 364 and related regulations regarding placed his investments with NSLA because of his foreign exchange transactions) subject matter of I.S. No. 81-31938. faith in Guingona, Jr.; that in a Promissory Note dated June 17, 1981 (Petition, Annex "D") he (Guingona, Jr.) bound himself to pay David the There is merit in the contention of the petitioners that their liability is civil in nature sums of P668.307.01 and US$37,500.00 in stated and therefore, public respondents have no jurisdiction over the charge of estafa. installments; that he (Guingona, Jr.) secured payment of those amounts with second A casual perusal of the December 23, 1981 affidavit. complaint filed in the Office of mortgages over two (2) parcels of land under a the City Fiscal of Manila by private respondent David against petitioners Teopisto deed of Second Real Estate Mortgage (Petition, Guingona, Jr., Antonio I. Martin and Teresita G. Santos, together with one Robert Marshall and the other directors of the Nation Savings and Loan Association, will It should be noted that fixed, savings, and current deposits of show that from March 20, 1979 to March, 1981, private respondent David, together money in banks and similar institutions are hat true deposits. are with his sister, Denise Kuhne, invested with the Nation Savings and Loan Association considered simple loans and, as such, are not preferred credits (Art. the sum of P1,145,546.20 on time deposits covered by Bankers Acceptances and 1980 Civil Code; In re Liquidation of Mercantile Batik of China Tan Certificates of Time Deposits and the sum of P13,531.94 on savings account deposits Tiong Tick vs. American Apothecaries Co., 66 Phil 414; Pacific covered by passbook nos. 6-632 and 29-742, or a total of P1,159,078.14 (pp. 15-16, roc.). Coast Biscuit Co. vs. Chinese Grocers Association 65 Phil. 375; It appears further that private respondent David, together with his sister, made Fletcher American National Bank vs. Ang Chong UM 66 PWL 385; investments in the aforesaid bank in the amount of US$75,000.00 (p. 17, rec.). Pacific Commercial Co. vs. American Apothecaries Co., 65 PhiL 429; Gopoco Grocery vs. Pacific Coast Biscuit CO.,65 Phil. 443)." Moreover, the records reveal that when the aforesaid bank was placed under receivership on March 21, 1981, petitioners Guingona and Martin, upon the request of This Court also declared in the recent case of Serrano vs. Central Bank of the private respondent David, assumed the obligation of the bank to private respondent Philippines (96 SCRA 102 [1980]) that:têñ.£îhqwâ£ David by executing on June 17, 1981 a joint promissory note in favor of private respondent acknowledging an indebtedness of Pl,336,614.02 and US$75,000.00 (p. 80, Bank deposits are in the nature of irregular deposits. They are rec.). This promissory note was based on the statement of account as of June 30, 1981 really 'loans because they earn interest. All kinds of bank deposits, prepared by the private respondent (p. 81, rec.). The amount of indebtedness whether fixed, savings, or current are to be treated as loans and are assumed appears to be bigger than the original claim because of the added interest to be covered by the law on loans (Art. 1980 Civil Code Gullas vs. and the inclusion of other deposits of private respondent's sister in the amount of Phil. National Bank, 62 Phil. 519). Current and saving deposits, are P116,613.20. loans to a bank because it can use the same. The petitioner here in making time deposits that earn interests will respondent Overseas Thereafter, or on July 17, 1981, petitioners Guingona and Martin agreed to divide the Bank of Manila was in reality a creditor of the respondent Bank and said indebtedness, and petitioner Guingona executed another promissory note not a depositor. The respondent Bank was in turn a debtor of antedated to June 17, 1981 whereby he personally acknowledged an indebtedness of petitioner. Failure of the respondent Bank to honor the time deposit is P668,307.01 (1/2 of P1,336,614.02) and US$37,500.00 (1/2 of US$75,000.00) in favor of failure to pay its obligation as a debtor and not a breach of trust arising private respondent (p. 25, rec.). The aforesaid promissory notes were executed as a from a depositary's failure to return the subject matter of the result of deposits made by Clement David and Denise Kuhne with the Nation deposit(Emphasis supplied). Savings and Loan Association. Hence, the relationship between the private respondent and the Nation Savings and Furthermore, the various pleadings and documents filed by private respondent Loan Association is that of creditor and debtor; consequently, the ownership of the David, before this Court indisputably show that he has indeed invested his money on amount deposited was transmitted to the Bank upon the perfection of the contract time and savings deposits with the Nation Savings and Loan Association. and it can make use of the amount deposited for its banking operations, such as to pay interests on deposits and to pay withdrawals. While the Bank has the obligation It must be pointed out that when private respondent David invested his money on to return the amount deposited, it has, however, no obligation to return or deliver nine. and savings deposits with the aforesaid bank, the contract that was perfected the same money that was deposited. And, the failure of the Bank to return the amount was a contract of simple loan or mutuum and not a contract of deposit. Thus, Article deposited will not constitute estafa through misappropriation punishable under 1980 of the New Civil Code provides that:têñ.£îhqwâ£ Article 315, par. l(b) of the Revised Penal Code, but it will only give rise to civil liability over which the public respondents have no- jurisdiction. Article 1980. Fixed, savings, and current deposits of-money in banks and similar institutions shall be governed by the provisions WE have already laid down the rule that:têñ.£îhqwâ£ concerning simple loan. In order that a person can be convicted under the above-quoted In the case of Central Bank of the Philippines vs. Morfe (63 SCRA 114,119 [1975], We provision, it must be proven that he has the obligation to deliver said:têñ.£îhqwâ£ or return the some money, goods or personal property that he received Petitioners had no such obligation to return the same money, i.e., the bills or coins, which they received from private respondents. This is so because as clearly as stated in criminal contractual obligation arising from deposit into a contract of loan and converting the complaints, the related civil complaints and the supporting sworn original trust relation between the bank and private respondent David into an statements, the sums of money that petitioners received were loans. ordinary debtor-creditor relation between the petitioners and private respondent. Consequently, the failure of the bank or petitioners Guingona and Martin to pay the The nature of simple loan is defined in Articles 1933 and 1953 of the deposits of private respondent would not constitute a breach of trust but would Civil Code.têñ.£îhqwâ£ merely be a failure to pay the obligation as a debtor. "Art. 1933. — By the contract of loan, one of the Moreover, while it is true that novation does not extinguish criminal liability, it may parties delivers to another, either something not however, prevent the rise of criminal liability as long as it occurs prior to the filing of consumable so that the latter may use the same the criminal information in court. Thus, in Gonzales vs. Serrano ( 25 SCRA 64, 69 for a certain time- and return it, in which case the [1968]) We held that:têñ.£îhqwâ£ contract is called a commodatum; or money or other consumable thing, upon the condition that the As pointed out in People vs. Nery, novation prior to the filing of the same amount of the same kind and quality shall he criminal information — as in the case at bar — may convert the paid in which case the contract is simply called a loan relation between the parties into an ordinary creditor-debtor or mutuum. relation, and place the complainant in estoppel to insist on the original transaction or "cast doubt on the true nature" thereof. "Commodatum is essentially gratuitous. Again, in the latest case of Ong vs. Court of Appeals (L-58476, 124 SCRA 578, 580-581 "Simple loan may be gratuitous or with a [1983] ), this Court reiterated the ruling in People vs. Nery ( 10 SCRA 244 [1964] ), stipulation to pay interest. declaring that:têñ.£îhqwâ£ "In commodatum the bailor retains the The novation theory may perhaps apply prior to the filling of the ownership of the thing loaned while in simple loan, criminal information in court by the state prosecutors because up to ownership passes to the borrower. that time the original trust relation may be converted by the parties into an ordinary creditor-debtor situation, thereby placing the "Art. 1953. — A person who receives a loan of complainant in estoppel to insist on the original trust. But after the money or any other fungible thing acquires the justice authorities have taken cognizance of the crime and instituted ownership thereof, and is bound to pay to the action in court, the offended party may no longer divest the creditor an equal amount of the same kind and prosecution of its power to exact the criminal liability, as quality." distinguished from the civil. The crime being an offense against the state, only the latter can renounce it (People vs. Gervacio, 54 Off. Gaz. 2898; People vs. Velasco, 42 Phil. 76; U.S. vs. Montanes, 8 Phil. It can be readily noted from the above-quoted provisions that in simple 620). loan (mutuum), as contrasted to commodatum the borrower acquires ownership of the money, goods or personal property borrowed Being the owner, the borrower can dispose of the thing borrowed (Article 248, Civil It may be observed in this regard that novation is not one of the Code) and his act will not be considered misappropriation thereof' (Yam means recognized by the Penal Code whereby criminal liability can vs. Malik, 94 SCRA 30, 34 [1979]; Emphasis supplied). be extinguished; hence, the role of novation may only be to either prevent the rise of criminal habihty or to cast doubt on the true nature of the original basic transaction, whether or not it was such But even granting that the failure of the bank to pay the time and savings deposits of that its breach would not give rise to penal responsibility, as when private respondent David would constitute a violation of paragraph 1(b) of Article money loaned is made to appear as a deposit, or other similar 315 of the Revised Penal Code, nevertheless any incipient criminal liability was disguise is resorted to (cf. Abeto vs. People, 90 Phil. 581; U.S. vs. deemed avoided, because when the aforesaid bank was placed under receivership by Villareal, 27 Phil. 481). the Central Bank, petitioners Guingona and Martin assumed the obligation of the bank to private respondent David, thereby resulting in the novation of the original In the case at bar, there is no dispute that petitioners Guingona and Martin executed a and Loan Association. Considering that this might adversely affect his case, promissory note on June 17, 1981 assuming the obligation of the bank to private respondent David should have promptly denied petitioners' allegation. respondent David; while the criminal complaint for estafa was filed on December 23, 1981 with the Office of the City Fiscal. Hence, it is clear that novation occurred long In conclusion, considering that the liability of the petitioners is purely civil in nature before the filing of the criminal complaint with the Office of the City Fiscal. and that there is no clear showing that they engaged in foreign exchange transactions, We hold that the public respondents acted without jurisdiction when they Consequently, as aforestated, any incipient criminal liability would be avoided but investigated the charges against the petitioners. Consequently, public respondents there will still be a civil liability on the part of petitioners Guingona and Martin to should be restrained from further proceeding with the criminal case for to allow the pay the assumed obligation. case to continue, even if the petitioners could have appealed to the Ministry of Justice, would work great injustice to petitioners and would render meaningless the proper Petitioners herein were likewise charged with violation of Section 3 of Central Bank administration of justice. Circular No. 364 and other related regulations regarding foreign exchange transactions by accepting foreign currency deposit in the amount of US$75,000.00 While as a rule, the prosecution in a criminal offense cannot be the subject of without authority from the Central Bank. They contend however, that the US dollars prohibition and injunction, this court has recognized the resort to the extraordinary intended by respondent David for deposit were all converted into Philippine writs of prohibition and injunction in extreme cases, thus:têñ.£îhqwâ£ currency before acceptance and deposit into Nation Savings and Loan Association. On the issue of whether a writ of injunction can restrain the Petitioners' contention is worthy of behelf for the following reasons: proceedings in Criminal Case No. 3140, the general rule is that "ordinarily, criminal prosecution may not be blocked by court 1. It appears from the records that when respondent David was about to make a prohibition or injunction." Exceptions, however, are allowed in the deposit of bank draft issued in his name in the amount of US$50,000.00 with the following instances:têñ.£îhqwâ£ Nation Savings and Loan Association, the same had to be cleared first and converted into Philippine currency. Accordingly, the bank draft was endorsed by respondent "1. for the orderly administration of justice; David to petitioner Guingona, who in turn deposited it to his dollar account with the Security Bank and Trust Company. Petitioner Guingona merely accommodated the "2. to prevent the use of the strong arm of the law request of the Nation Savings and loan Association in order to clear the bank draft in an oppressive and vindictive manner; through his dollar account because the bank did not have a dollar account. Immediately after the bank draft was cleared, petitioner Guingona authorized Nation "3. to avoid multiplicity of actions; Savings and Loan Association to withdraw the same in order to be utilized by the bank for its operations. "4. to afford adequate protection to constitutional rights; 2. It is safe to assume that the U.S. dollars were converted first into Philippine pesos before they were accepted and deposited in Nation Savings and Loan Association, because the bank is presumed to have followed the ordinary course of the business "5. in proper cases, because the statute relied which is to accept deposits in Philippine currency only, and that the transaction was upon is unconstitutional or was held invalid" ( regular and fair, in the absence of a clear and convincing evidence to the contrary (see Primicias vs. Municipality of Urdaneta, paragraphs p and q, Sec. 5, Rule 131, Rules of Court). Pangasinan, 93 SCRA 462, 469-470 [1979]; citing Ramos vs. Torres, 25 SCRA 557 [1968]; and Hernandez vs. Albano, 19 SCRA 95, 96 [1967]). 3. Respondent David has not denied the aforesaid contention of herein petitioners despite the fact that it was raised. in petitioners' reply filed on May 7, 1982 to private respondent's comment and in the July 27, 1982 reply to public respondents' comment Likewise, in Lopez vs. The City Judge, et al. ( 18 SCRA 616, 621-622 [1966]), We held and reiterated in petitioners' memorandum filed on October 30, 1982, thereby adding that:têñ.£îhqwâ£ more support to the conclusion that the US$75,000.00 were really converted into Philippine currency before they were accepted and deposited into Nation Savings The writs of certiorari and prohibition, as extraordinary legal remedies, are in the ultimate analysis, intended to annul void proceedings; to prevent the unlawful and oppressive exercise of legal authority and to provide for a fair and orderly administration of justice. Thus, in Yu Kong Eng vs. Trinidad, 47 Phil. 385, We took cognizance of a petition for certiorari and prohibition although the accused in the case could have appealed in due time from the order complained of, our action in the premises being based on the public welfare policy the advancement of public policy. In Dimayuga vs. Fajardo, 43 Phil. 304, We also admitted a petition to restrain the prosecution of certain chiropractors although, if convicted, they could have appealed. We gave due course to their petition for the orderly administration of justice and to avoid possible oppression by the strong arm of the law. And in Arevalo vs. Nepomuceno, 63 Phil. 627, the petition for certiorari challenging the trial court's action admitting an amended information was sustained despite the availability of appeal at the proper time. WHEREFORE, THE PETITION IS HEREBY GRANTED; THE TEMPORARY RESTRAINING ORDER PREVIOUSLY ISSUED IS MADE PERMANENT. COSTS AGAINST THE PRIVATE RESPONDENT. SO ORDERED.1äwphï1.ñët [G.R. No. 156940. December 14, 2004] CHECK NUMBERS DATE AMOUNT a. 138814 Sept. 29, 1990 P9,000.00 b. 138804 Oct. 8, 1990 9,350.00 ASSOCIATED BANK (Now WESTMONT BANK), petitioner, vs. VICENTE c. 138787 Sept. 30, 1990 6,360.00 HENRY TAN, respondent. d. 138847 Sept. 29, 1990 21,850.00 e. 167054 Sept. 29, 1990 4,093.40 DECISION f. 138792 ` Sept. 29, 1990 3,546.00 g. 138774 Oct. 2, 1990 6,600.00 PANGANIBAN, J.: h. 167072 Oct. 10, 1990 9,908.00 i. 168802 Oct. 10, 1990 3,650.00 While banks are granted by law the right to debit the value of a dishonored check from a depositors account, they must do so with the highest degree of care, so However, his suppliers and business partners went back to him alleging that the as not to prejudice the depositor unduly. checks he issued bounced for insufficiency of funds.Thereafter, TAN, thru his lawyer, informed the BANK to take positive steps regarding the matter for he has adequate and sufficient funds to pay the amount of the subject checks. Nonetheless, the BANK The Case did not bother nor offer any apology regarding the incident.Consequently, TAN, as plaintiff, filed a Complaint for Damages on December 19, 1990, with the Regional Trial Court of Cabanatuan City, Third Judicial Region, docketed as Civil Case No. Before us is a Petition for Review[1] under Rule 45 of the Rules of Court, 892-AF, against the BANK, as defendant. assailing the January 27, 2003 Decision[2] of the Court of Appeals (CA) in CA-GR CV No. 56292. The CA disposed as follows: In his [C]omplaint, [respondent] maintained that he ha[d] sufficient funds to pay the subject checks and alleged that his suppliers decreased in number for lack of trust. As WHEREFORE, premises considered, the Decision dated December 3, 1996, of he has been in the business community for quite a time and has established a good the Regional Trial Court of Cabanatuan City, Third Judicial Region, Branch 26, in record of reputation and probity, plaintiff claimed that he suffered embarrassment, Civil Case No. 892-AF is hereby AFFIRMED. Costs against the [petitioner].[3] humiliation, besmirched reputation, mental anxieties and sleepless nights because of the said unfortunate incident. [Respondent] further averred that he continuously lost profits in the amount of P250,000.00. [Respondent] therefore prayed for exemplary damages and that [petitioner] be ordered to pay him the sum of P1,000,000.00 by way The Facts of moral damages, P250,000.00 as lost profits, P50,000.00 as attorneys fees plus 25% of the amount claimed including P1,000.00 per court appearance. The CA narrated the antecedents as follows: Meanwhile, [petitioner] filed a Motion to Dismiss on February 7, 1991, but the same was denied for lack of merit in an Order dated March 7, 1991. Thereafter, [petitioner] Vicente Henry Tan (hereafter TAN) is a businessman and a regular depositor-creditor BANK on March 20, 1991 filed its Answer denying, among others, the allegations of of the Associated Bank (hereinafter referred to as the BANK). Sometime in September [respondent] and alleged that no banking institution would give an assurance to any 1990, he deposited a postdated UCPB check with the said BANK in the amount of its client/depositor that the check deposited by him had already been cleared and of P101,000.00 issued to him by a certain Willy Cheng from Tarlac. The check was backed up by sufficient funds but it could only presume that the same has been duly entered in his bank record thereby making his balance in the amount honored by the drawee bank in view of the lapse of time that ordinarily takes for a of P297,000.00, as of October 1, 1990, from his original deposit check to be cleared. For its part, [petitioner] alleged that on October 2, 1990, it gave of P196,000.00. Allegedly, upon advice and instruction of the BANK that notice to the [respondent] as to the return of his UCPB check deposit in the amount the P101,000.00 check was already cleared and backed up by sufficient funds, TAN, of P101,000.00, hence, on even date, [respondent] deposited the amount of P50,000.00 on the same date, withdrew the sum of P240,000.00, leaving a balance of P57,793.45. A to cover the returned check. day after, TAN deposited the amount of P50,000.00 making his existing balance in the amount of P107,793.45, because he has issued several checks to his business partners, By way of affirmative defense, [petitioner] averred that [respondent] had no cause of of P101,000. Without such notice, it is estopped from blaming him for failing to fund action against it and argued that it has all the right to debit the account of the his account. [respondent] by reason of the dishonor of the check deposited by the [respondent] which was withdrawn by him prior to its clearing. [Petitioner] further averred that it The CA opined that, had the P101,000 not been debited, respondent would have has no liability with respect to the clearing of deposited checks as the clearing is being had sufficient funds for the postdated checks he had issued. Thus, the supposed undertaken by the Central Bank and in accepting [the] check deposit, it merely accommodation accorded by petitioner to him is the proximate cause of his business obligates itself as depositors collecting agent subject to actual payment by the drawee woes and shame, for which it is liable for damages. bank. [Petitioner] therefore prayed that [respondent] be ordered to pay it the amount Because of the banks negligence, the CA awarded respondent moral damages of P1,000,000.00 by way of loss of goodwill, P7,000.00 as acceptance fee plus P500.00 of P100,000. It also granted him exemplary damages of P75,000 and attorneys fees per appearance and by way of attorneys fees. of P25,000. Considering that Westmont Bank has taken over the management of the Hence this Petition.[5] affairs/properties of the BANK, [respondent] on October 10, 1996, filed an Amended Complaint reiterating substantially his allegations in the original complaint, except that the name of the previous defendant ASSOCIATED BANK is now WESTMONT Issue Trial ensured and thereafter, the court rendered its Decision dated December 3, 1996 In its Memorandum, petitioner raises the sole issue of whether or not the in favor of the [respondent] and against the [petitioner], ordering the latter to pay the petitioner, which is acting as a collecting bank, has the right to debit the account of its [respondent] the sum of P100,000.00 by way of moral damages, P75,000.00 as client for a check deposit which was dishonored by the drawee bank.[6] exemplary damages, P25,000.00 as attorneys fees, plus the costs of this suit. In making said ruling, it was shown that [respondent] was not officially informed about the debiting of the P101,000.00 [from] his existing balance and that the BANK merely The Courts Ruling allowed the [respondent] to use the fund prior to clearing merely for accommodation because the BANK considered him as one of its valued clients. The trial court ruled that the bank manager was negligent in handling the particular checking account of The Petition has no merit. the [respondent] stating that such lapses caused all the inconveniences to the [respondent]. The trial court also took into consideration that [respondents] mother was originally maintaining with the x x x BANK [a] current account as well as [a] time deposit, but [o]n one occasion, although his mother made a deposit, the same Sole Issue: was not credited in her favor but in the name of another.[4] Debit of Depositors Account Petitioner appealed to the CA on the issues of whether it was within its rights, Petitioner-bank contends that its rights and obligations under the present set of as collecting bank, to debit the account of its client for a dishonored check; and facts were misappreciated by the CA. It insists that its right to debit the amount of the whether it had informed respondent about the dishonor prior to debiting his account. dishonored check from the account of respondent is clear and unmistakable.Even assuming that it did not give him notice that the check had been dishonored, such right remains immediately enforceable. Ruling of the Court of Appeals In particular, petitioner argues that the check deposit slip accomplished by respondent on September 17, 1990, expressly stipulated that the bank was obligating Affirming the trial court, the CA ruled that the bank should not have authorized itself merely as the depositors collecting agent and -- until such time as actual the withdrawal of the value of the deposited check prior to its clearing. Having done payment would be made to it -- it was reserving the right to charge against the so, contrary to its obligation to treat respondents account with meticulous care, the depositors account any amount previously credited. Respondent was allowed to bank violated its own policy. It thereby took upon itself the obligation to officially withdraw the amount of the check prior to clearing, merely as an act of inform respondent of the status of his account before unilaterally debiting the amount accommodation, it added. At the outset, we stress that the trial courts factual findings that were affirmed In BPI v. Casa Montessori,[14] the Court has emphasized that the banking business by the CA are not subject to review by this Court.[7] As petitioner itself takes no issue is impressed with public interest.Consequently, the highest degree of diligence is with those findings, we need only to determine the legal consequence, based on the expected, and high standards of integrity and performance are even required of it. By established facts. the nature of its functions, a bank is under obligation to treat the accounts of its depositors with meticulous care.[15] Also affirming this long standing doctrine, Philippine Bank of Commerce v. Court Right of Setoff of Appeals[16] has held that the degree of diligence required of banks is more than that of a good father of a family where the fiduciary nature of their relationship with their depositors is concerned.[17] Indeed, the banking business is vested with the trust and A bank generally has a right of setoff over the deposits therein for the payment confidence of the public; hence the appropriate standard of diligence must be very of any withdrawals on the part of a depositor.[8] The right of a collecting bank to debit high, if not the highest, degree of diligence.[18] The standard applies, regardless of a clients account for the value of a dishonored check that has previously been whether the account consists of only a few hundred pesos or of millions.[19] credited has fairly been established by jurisprudence. To begin with, Article 1980 of the Civil Code provides that [f]ixed, savings, and current deposits of money in banks The fiduciary nature of banking, previously imposed by case law,[20] is now and similar institutions shall be governed by the provisions concerning simple loan. enshrined in Republic Act No. 8791 or the General Banking Law of 2000. Section 2 of the law specifically says that the State recognizes the fiduciary nature of banking that Hence, the relationship between banks and depositors has been held to be that requires high standards of integrity and performance. of creditor and debtor.[9] Thus, legal compensation under Article 1278[10] of the Civil Code may take place when all the requisites mentioned in Article 1279 are Did petitioner treat respondents account with the highest degree of care? From present,[11] as follows: all indications, it did not. It is undisputed -- nay, even admitted -- that purportedly as an act of (1) That each one of the obligors be bound principally, and that he be at the same time accommodation to a valued client, petitioner allowed the withdrawal of the face a principal creditor of the other; value of the deposited check prior to its clearing. That act certainly disregarded the (2) That both debts consist in a sum of money, or if the things due are clearance requirement of the banking system. Such a practice is unusual, because a consumable, they be of the same kind, and also of the same quality if the check is not legal tender or money;[21]and its value can properly be transferred to a latter has been stated; depositors account only after the check has been cleared by the drawee bank.[22] (3) That the two debts be due; (4) That they be liquidated and demandable; Under ordinary banking practice, after receiving a check deposit, a (5) That over neither of them there be any retention or controversy, commenced by bank either immediately credit the amount to a depositors account; or infuse value to third persons and communicated in due time to the debtor.[12] that account only after the drawee bank shall have paid such amount. [23] Before the check shall have been cleared for deposit, the collecting bank can only assume at Nonetheless, the real issue here is not so much the right of petitioner to debit its own risk -- as herein petitioner did -- that the check would be cleared and paid out. respondents account but, rather, the manner in which it exercised such right. The Reasonable business practice and prudence, moreover, dictated that petitioner Court has held that even while the right of setoff is conceded, separate is the question should not have authorized the withdrawal by respondent of P240,000 on October 1, of whether that remedy has properly been exercised.[13] 1990, as this amount was over and above his outstanding cleared balance of P196,793.45.[24] Hence, the lower courts correctly appreciated the evidence in his The liability of petitioner in this case ultimately revolves around the issue of whether it properly exercised its right of setoff. The determination thereof hinges, in favor. turn, on the banks role and obligations, first, as respondents depositary bank; and second, as collecting agent for the check in question. Obligation as Collecting Agent Depositary Bank Indeed, the bank deposit slip expressed this reservation: In receiving items on deposit, this Bank obligates itself only as the Depositors x x x [T]he depositor x x x withdrew his money upon the advice by [petitioner] that Collecting agent, assuming no responsibility beyond carefulness in selecting his money was already cleared. Without such advice, [respondent] would not have correspondents, and until such time as actual payments shall have come to its withdrawn the sum of P240,000.00. Therefore, it cannot be denied that it was possession, this Bank reserves the right to charge back to the Depositors account any [petitioners] fault which allowed [respondent] to withdraw a huge sum which he amounts previously credited whether or not the deposited item is returned. x x x." [25] believed was already his. However, this reservation is not enough to insulate the bank from any To emphasize, it is beyond cavil that [respondent] had sufficient funds for the liability. In the past, we have expressed doubt about the binding force of such check. Had the P101,000.00 not [been] debited, the subject checks would not have conditions unilaterally imposed by a bank without the consent of the depositor.[26] It been dishonored. Hence, we can say that [respondents] injury arose from the is indeed arguable that in signing the deposit slip, the depositor does so only to dishonor of his well-funded checks.x x x.[35] identify himself and not to agree to the conditions set forth at the back of the deposit slip.[27] Aggravating matters, petitioner failed to show that it had immediately and duly Further, by the express terms of the stipulation, petitioner took upon itself informed respondent of the debiting of his account. Nonetheless, it argues that the certain obligations as respondents agent, consonant with the well-settled rule that the giving of notice was discernible from his act of depositing P50,000 on October 2, 1990, relationship between the payee or holder of a commercial paper and the collecting to augment his account and allow the debiting. This argument deserves short shrift. bank is that of principal and agent.[28] Under Article 1909[29] of the Civil Code, such First, notice was proper and ought to be expected. By the bank managers bank could be held liable not only for fraud, but also for negligence. account, respondent was considered a valued client whose checks had always been As a general rule, a bank is liable for the wrongful or tortuous acts and sufficiently funded from 1987 to 1990,[36] until the October imbroglio. Thus, he declarations of its officers or agents within the course and scope of their deserved nothing less than an official notice of the precarious condition of his employment.[30] Due to the very nature of their business, banks are expected to account. exercise the highest degree of diligence in the selection and supervision of their Second, under the provisions of the Negotiable Instruments Law regarding the employees.[31] Jurisprudence has established that the lack of diligence of a servant is liability of a general indorser[37] and the procedure for a notice of dishonor,[38] it was imputed to the negligence of the employer, when the negligent or wrongful act of the incumbent on the bank to give proper notice to respondent. In Gullas v. National former proximately results in an injury to a third person;[32] in this case, the depositor. Bank,[39] the Court emphasized: The manager of the banks Cabanatuan branch, Consorcia Santiago, categorically admitted that she and the employees under her control had breached bank x x x [A] general indorser of a negotiable instrument engages that if the instrument policies. They admittedly breached those policies when, without clearance from the the check in this case is dishonored and the necessary proceedings for its dishonor are drawee bank in Baguio, they allowed respondent to withdraw on October 1, 1990, the duly taken, he will pay the amount thereof to the holder (Sec. 66) It has been held by a amount of the check deposited.Santiago testified that respondent was not officially long line of authorities that notice of dishonor is necessary to charge an indorser and informed about the debiting of the P101,000 from his existing balance of P170,000 that the right of action against him does not accrue until the notice is given. on October 2, 1990 x x x.[33] x x x. The fact we believe is undeniable that prior to the mailing of notice of dishonor, Being the branch manager, Santiago clearly acted within the scope of her and without waiting for any action by Gullas, the bank made use of the money authority in authorizing the withdrawal and the subsequent debiting without standing in his account to make good for the treasury warrant. At this point recall that notice. Accordingly, what remains to be determined is whether her actions Gullas was merely an indorser and had issued checks in good faith. As to a depositor who has proximately caused respondents injury. Proximate cause is that which -- in a natural funds sufficient to meet payment of a check drawn by him in favor of a third party, it has been and continuous sequence, unbroken by any efficient intervening cause --produces the held that he has a right of action against the bank for its refusal to pay such a check in the injury, and without which the result would not have occurred. [34] absence of notice to him that the bank has applied the funds so deposited in extinguishment of Let us go back to the facts as they unfolded. It is undeniable that the banks past due claims held against him. (Callahan vs. Bank of Anderson [1904], 2 Ann. Cas., premature authorization of the withdrawal by respondent on October 1, 1990, 203.) However this may be, as to an indorser the situation is different, and notice should triggered -- in rapid succession and in a natural sequence -- the debiting of his actually have been given him in order that he might protect his interests.[40] account, the fall of his account balance to insufficient levels, and the subsequent dishonor of his own checks for lack of funds. The CA correctly noted thus: Third, regarding the deposit of P50,000 made by respondent on October 2, 1990, we fully subscribe to the CAs observations that it was not unusual for a well-reputed businessman like him, who ordinarily takes note of the amount of money he takes and releases, to immediately deposit money in his current account to answer for the postdated checks he had issued.[41] Inasmuch as petitioner does not contest the basis for the award of damages and attorneys fees, we will no longer address these matters. WHEREFORE, the Petition is DENIED and the assailed Decision AFFIRMED. Costs against petitioner. EQUITABLE PCI BANK,* G.R. No. 171545 deflation.[14] Consequently, the RTC ordered the use of the 1996 dollar exchange rate AIMEE YU and BEJAN in computing respondents' dollar-denominated loans.[15] Lastly, because the business LIONEL APAS, reputation of respondents was (allegedly) severely damaged when Equitable froze Petitioners, Present: their accounts,[16] the trial court awarded moral and exemplary damages to them.[17] PUNO, C.J., Chairperson, - v e r s u s - SANDOVAL-GUTIERREZ, The dispositive portion of the February 5, 2004 RTC decision[18] provided: CORONA, WHEREFORE, premises considered, judgment is hereby rendered: AZCUNA and LEONARDO-DE A) Ordering [Equitable] to reinstate and return the amount of CASTRO, JJ. [respondents'] deposit placed on hold status; NG SHEUNG NGOR** doing business under the name B) Ordering [Equitable] to pay [respondents] the sum of P12 and style KEN MARKETING, Promulgated: [m]illion [p]esos as moral damages; KEN APPLIANCE DIVISION, INC. and BENJAMIN E. GO, C) Ordering [Equitable] to pay [respondents] the sum of P10 Respondents. December 19, 2007 [m]illion [p]esos as exemplary damages; D) Ordering defendants Aimee Yu and Bejan [Lionel] Apas x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - x to pay [respondents], jointly and severally, the sum of [t]wo [m]illion [p]esos as moral and exemplary damages; E) Ordering [Equitable, Aimee Yu and Bejan Lionel Apas], CORONA, J.: jointly and severally, to pay [respondents'] attorney's fees in the sum of P300,000; litigation expenses in the sum This petition for review on certiorari[1] seeks to set aside the decision[2] of the Court of of P50,000 and the cost of suit; Appeals (CA) in CA-G.R. SP No. 83112 and its resolution[3] denying reconsideration. On October 7, 2001, respondents Ng Sheung Ngor,[4] Ken Appliance F) Directing plaintiffs Ng Sheung Ngor and Ken Marketing Division, Inc. and Benjamin E. Go filed an action for annulment and/or reformation to pay [Equitable] the unpaid principal obligation for the of documents and contracts[5] against petitioner Equitable PCI Bank (Equitable) and peso loan as well as the unpaid obligation for the dollar its employees, Aimee Yu and Bejan Lionel Apas, in the Regional Trial Court (RTC), denominated loan; Branch 16 of Cebu City.[6] They claimed that Equitable induced them to avail of its G) Directing plaintiff Ng Sheung Ngor and Ken Marketing to peso and dollar credit facilities by offering low interest rates [7] so they accepted pay [Equitable] interest as follows: Equitable's proposal and signed the bank's pre-printed promissory notes on various dates beginning 1996. They, however, were unaware that the documents contained 1) 12% per annum for the peso loans; identical escalation clauses granting Equitable authority to increase interest rates without their consent.[8] 2) 8% per annum for the dollar loans. The basis for the payment of the dollar obligation is the conversion rate Equitable, in its answer, asserted that respondents knowingly accepted all the terms of P26.50 per dollar availed of at the time of incurring and conditions contained in the promissory notes.[9] In fact, they continuously availed of the obligation in accordance with Article 1250 of of and benefited from Equitable's credit facilities for five years. [10] the Civil Code of the Philippines; After trial, the RTC upheld the validity of the promissory notes. It found that, in 2001 H) Dismissing [Equitable's] counterclaim except the payment alone, Equitable restructured respondents' loans amounting to US$228,200 of the aforestated unpaid principal loan obligations and and P1,000,000.[11] The trial court, however, invalidated the escalation clause interest. contained therein because it violated the principle of mutuality of contracts.[12] Nevertheless, it took judicial notice of the steep depreciation of the peso SO ORDERED.[19] during the intervening period[13] and declared the existence of extraordinary the CA several hours before withdrawing its petition for relief in the Equitable and respondents filed their respective notices of appeal. [20] RTC.[38] Moreover, Equitable failed to disclose, both in the statement of material dates and certificate of non-forum shopping (attached to its petition for certiorari in the In the March 1, 2004 order of the RTC, both notices were denied due course because CA), that it had a pending petition for relief in the RTC.[39] Equitable and respondents failed to submit proof that they paid their respective Equitable moved for reconsideration[40] but it was denied.[41] Thus, this petition. appeal fees.[21] Equitable asserts that it was not guilty of forum shopping because the petition for WHEREFORE, premises considered, the appeal relief was withdrawn on the same day the petition for certiorari was filed.[42] It interposed by defendants from the Decision in the above-entitled likewise avers that its petition for certiorari was meritorious because the RTC case is DENIED due course. As of February 27, 2004, the Decision committed grave abuse of discretion in issuing the March 24, 2004 omnibus order dated February 5, 2004, is considered final and executory in so far which was based on an erroneous assumption. The March 1, 2004 order denying its as [Equitable, Aimee Yu and Bejan Lionel Apas] are notice of appeal for non payment of appeal fees was erroneous because it had in fact concerned.[22] (emphasis supplied) paid the required fees.[43] Thus, the RTC, by issuing its March 24, 2004 omnibus order, effectively prevented Equitable from appealing the patently wrong February 5, 2004 decision.[44] Equitable moved for the reconsideration of the March 1, 2004 order of the RTC[23] on the ground that it did in fact pay the appeal fees. Respondents, on the other hand, This petition is meritorious. prayed for the issuance of a writ of execution.[24] On March 24, 2004, the RTC issued an omnibus order denying Equitable's motion for reconsideration for lack of merit[25] and ordered the issuance of a writ of execution in EQUITABLE favor of respondents.[26] According to the RTC, because respondents did not move for WAS NOT the reconsideration of the previous order (denying due course to the parties notices of GUILTY OF appeal),[27] the February 5, 2004 decision became final and executory as to both parties FORUM and a writ of execution against Equitable was in order. [28] SHOPPING A writ of execution was thereafter issued[29] and three real properties of Equitable were levied upon.[30] Forum shopping exists when two or more actions involving the same transactions, essential facts and circumstances are filed and those actions raise identical issues, On March 26, 2004, Equitable filed a petition for relief in the RTC from the March 1, subject matter and causes of action.[45] The test is whether, in two or more pending 2004 order.[31] It, however, withdrew that petition on March 30, 2004 [32] and instead cases, there is identity of parties, rights or causes of actions and reliefs. [46] filed a petition for certiorari with an application for an injunction in the CA to enjoin the implementation and execution of the March 24, 2004 omnibus order.[33] Equitable's petition for relief in the RTC and its petition for certiorari in the CA did not have identical causes of action. The petition for relief from the denial of its notice On June 16, 2004, the CA granted Equitable's application for injunction. A writ of of appeal was based on the RTCs judgment or final order preventing it from taking an preliminary injunction was correspondingly issued.[34] appeal by fraud, accident, mistake or excusable negligence.[47] On the other hand, its petition for certiorari in the CA, a special civil action, sought to correct the grave Notwithstanding the writ of injunction, the properties of Equitable previously levied abuse of discretion amounting to lack of jurisdiction committed by the RTC. [48] upon were sold in a public auction on July 1, 2004. Respondents were the highest bidders and certificates of sale were issued to them.[35] In a petition for relief, the judgment or final order is rendered by a court with competent jurisdiction. In a petition for certiorari, the order is rendered by a On August 10, 2004, Equitable moved to annul the July 1, 2004 auction sale and to cite court without or in excess of its jurisdiction. the sheriffs who conducted the sale in contempt for proceeding with the auction despite the injunction order of the CA.[36] Moreover, Equitable substantially complied with the rule on non-forum shopping when it moved to withdraw its petition for relief in the RTC on the same day (in fact On October 28, 2005, the CA dismissed the petition for certiorari.[37] It found just four hours and forty minutes after) it filed the petition for certiorari in the CA. Equitable guilty of forum shopping because the bank filed its petition for certiorari in Even if Equitable failed to disclose that it had a pending petition for relief in the RTC, it rectified what was doubtlessly a careless oversight by withdrawing the petition for For a petition for certiorari premised on grave abuse of discretion to prosper, relief just a few hours after it filed its petition for certiorari in the CA ― a clear petitioner must show that the public respondent patently and grossly abused his indication that it had no intention of maintaining the two actions at the same time. discretion and that abuse amounted to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law or to act at all in contemplation of law, as where the power was exercised in an arbitrary and despotic manner by reason of passion or THE TRIAL hostility.[49] COMMITTED The March 1, 2004 order denied due course to the notices of appeal of both Equitable GRAVE ABUSE and respondents. However, it declared that the February 5, 2004 decision was final OF and executory only with respect to Equitable.[50] As expected, the March 24, 2004 DISCRETION omnibus order denied Equitable's motion for reconsideration and granted IN ISSUING ITS respondents' motion for the issuance of a writ of execution.[51] AND The March 1, 2004 and March 24, 2004 orders of the RTC were obviously MARCH 24, 2004 intended to prevent Equitable, et al. from appealing the February 5, 2004 ORDERS decision. Not only that. The execution of the decision was undertaken with indecent haste, effectively obviating or defeating Equitable's right to avail of possible legal Section 1, Rule 65 of the Rules of Court provides: remedies. No matter how we look at it, the RTC committed grave abuse of discretion in rendering those orders. Section 1. Petition for Certiorari. When any tribunal, board or officer exercising judicial or quasi-judicial function has acted without or With regard to whether Equitable had a plain, speedy and adequate remedy in the in excess of its or his jurisdiction, or with grave abuse of ordinary course of law, we hold that there was none. The RTC denied due course to discretion amounting to lack or excess of jurisdiction, and there is its notice of appeal in the March 1, 2004 order. It affirmed that denial in the March 24, no appeal, nor any plain, speedy or adequate remedy in the 2004 omnibus order. Hence, there was no way Equitable could have possibly ordinary course of law, a person aggrieved thereby may file a appealed the February 5, 2004 decision.[52] verified petition in the proper court, alleging the facts with Although Equitable filed a petition for relief from the March 24, 2004 order, that certainty and praying that judgment be rendered annulling or petition was not a plain, speedy and adequate remedy in the ordinary course of modifying the proceedings of such tribunal, board or officer, and law.[53] A petition for relief under Rule 38 is an equitable remedy allowed only in granting such incidental reliefs as law and justice may require. exceptional circumstances or where there is no other available or adequate remedy.[54] The petition shall be accompanied by a certified true copy of the Thus, we grant Equitable's petition for certiorari and consequently give due course to judgment, order or resolution subject thereof, copies of all its appeal. pleadings and documents relevant and pertinent thereto, and a sworn certificate of non-forum shopping as provided in the third paragraph of Section 3, Rule 46. There are two substantial requirements in a petition for certiorari. These are: RAISED PURE 1. that the tribunal, board or officer exercising judicial or LAW IN ITS quasi-judicial functions acted without or in excess of his PETITIONFOR or its jurisdiction or with grave abuse of discretion REVIEW amounting to lack or excess of jurisdiction; and The jurisdiction of this Court in Rule 45 petitions is limited to questions of 2. that there is no appeal or any plain, speedy and law.[55] There is a question of law when the doubt or controversy concerns the correct adequate remedy in the ordinary course of law. application of law or jurisprudence to a certain set of facts; or when the issue does not call for the probative value of the evidence presented, the truth or falsehood of facts being admitted.[56] Equitable does not assail the factual findings of the trial court. Its arguments ESCALATION essentially focus on the nullity of the RTCs February 5, 2004 decision. Equitable CLAUSE points out that that decision was patently erroneous, specially the exorbitant award VIOLATED THE of damages, as it was inconsistent with existing law and jurisprudence. [57] PRINCIPLE OF MUTUALITY OF PROMISSORY Escalation clauses are not void per se. However, one which grants the creditor an NOTES unbridled right to adjust the interest independently and upwardly, completely WERE VALID depriving the debtor of the right to assent to an important modification in the agreement is void. Clauses of that nature violate the principle of mutuality of The RTC upheld the validity of the promissory notes despite respondents contracts.[66]Article 1308[67] of the Civil Code holds that a contract must bind both assertion that those documents were contracts of adhesion. contracting parties; its validity or compliance cannot be left to the will of one of them.[68] A contract of adhesion is a contract whereby almost all of its provisions are drafted by one party.[58] The participation of the other party is limited to affixing his signature or For this reason, we have consistently held that a valid escalation clause provides: his adhesion to the contract.[59] For this reason, contracts of adhesion are strictly construed against the party who drafted it.[60] 1. that the rate of interest will only be increased if the applicable maximum rate of interest is increased by law or It is erroneous, however, to conclude that contracts of adhesion are invalid per by the Monetary Board; and se. They are, on the contrary, as binding as ordinary contracts. A party is in reality free to accept or reject it. A contract of adhesion becomes void only when the 2. that the stipulated rate of interest will be reduced if dominant party takes advantage of the weakness of the other party, completely the applicable maximum rate of interest is reduced by law depriving the latter of the opportunity to bargain on equal footing. [61] or by the Monetary Board (de-escalation clause).[69] That was not the case here. As the trial court noted, if the terms and conditions offered by Equitable had been truly prejudicial to respondents, they would have The RTC found that Equitable's promissory notes uniformly stated: walked out and negotiated with another bank at the first available instance. But they did not. Instead, they continuously availed of Equitable's credit facilities for five long If subject promissory note is extended, the interest for subsequent years. extensions shall be at such rate as shall be determined by the bank.[70] While the RTC categorically found that respondents had outstanding dollar- and peso-denominated loans with Equitable, it, however, failed to ascertain the total Equitable dictated the interest rates if the term (or period for repayment) of amount due (principal, interest and penalties, if any) as of July 9, 2001. The trial court the loan was extended. Respondents had no choice but to accept them. This was a did not explain how it arrived at the amounts of US$228,200 violation of Article 1308 of the Civil Code. Furthermore, the assailed escalation clause and P1,000,000.[62] In Metro Manila Transit Corporation v. D.M. Consunji,[63] we did not contain the necessary provisions for validity, that is, it neither provided that reiterated that this Court is not a trier of facts and it shall pass upon them only for the rate of interest would be increased only if allowed by law or the Monetary Board, compelling reasons which unfortunately are not present in this case. [64] Hence, we nor allowed de-escalation. For these reasons, the escalation clause was void. ordered the partial remand of the case for the sole purpose of determining the amount of actual damages.[65] With regard to the proper rate of interest, in New Sampaguita Builders v. Philippine National Bank[71] we held that, because the escalation clause was annulled, the principal amount of the loan was subject to the original or stipulated rate of interest. Upon maturity, the amount due was subject to legal interest at the rate of 12% per annum.[72] Consequently, respondents should pay Equitable the interest rates of 12.66% p.a. for their dollar-denominated loans and 20% p.a. for their peso-denominated loans from January 10, 2001 to July 9, 2001. Thereafter, Equitable was entitled to legal interest of DAMAGES 12% p.a. on all amounts due. LACKEDBASIS Moral damages are in the category of an award designed to compensate the claimant THERE WAS NO for actual injury suffered, not to impose a penalty to the wrongdoer. [79] To be entitled EXTRAORDINA to moral damages, a claimant must prove: RY DEFLATION 1. That he or she suffered besmirched reputation, or Extraordinary inflation exists when there is an unusual decrease in the purchasing physical, mental or psychological suffering sustained by power of currency (that is, beyond the common fluctuation in the value of currency) the claimant; and such decrease could not be reasonably foreseen or was manifestly beyond the contemplation of the parties at the time of the obligation. Extraordinary deflation, on 2. That the defendant committed a wrongful act or the other hand, involves an inverse situation.[73] omission; Article 1250 of the Civil Code provides: 3. That the wrongful act or omission was the proximate cause of the damages the claimant sustained; Article 1250. In case an extraordinary inflation or deflation of the currency stipulated should intervene, the value of the currency at 4. The case is predicated on any of the instances expressed the time of the establishment of the obligation shall be the basis of or envisioned by Article 2219[80] and 2220[81]. [82] payment, unless there is an agreement to the contrary. In culpa contractual or breach of contract, moral damages are recoverable For extraordinary inflation (or deflation) to affect an obligation, the only if the defendant acted fraudulently or in bad faith or in wanton disregard of his following requisites must be proven: contractual obligations.[83] The breach must be wanton, reckless, malicious or in bad 1. that there was an official declaration of extraordinary faith, and oppressive or abusive.[84] inflation or deflation from the Bangko Sentral ng The RTC found that respondents did not pay Equitable the interest due on February Pilipinas (BSP);[74] 9, 2001 (or any month thereafter prior to the maturity of the loan)[85] or the amount due (principal plus interest) due on July 9, 2001.[86]Consequently, Equitable applied 2. that the obligation was contractual in nature;[75] and respondents' deposits to their loans upon maturity. 3. that the parties expressly agreed to consider the effects The relationship between a bank and its depositor is that of creditor and of the extraordinary inflation or deflation.[76] debtor.[87] For this reason, a bank has the right to set-off the deposits in its hands for the payment of a depositor's indebtedness.[88] Despite the devaluation of the peso, the BSP never declared a situation of Respondents indeed defaulted on their obligation. For this reason, Equitable had the extraordinary inflation. Moreover, although the obligation in this instance arose out option to exercise its legal right to set-off or compensation. However, the RTC of a contract, the parties did not agree to recognize the effects of extraordinary mistakenly (or, as it now appears, deliberately) concluded that Equitable acted inflation (or deflation).[77] The RTC never mentioned that there was a such stipulation fraudulently or in bad faith or in wanton disregard of its contractual obligations either in the promissory note or loan agreement. Therefore, respondents should pay despite the absence of proof. The undeniable fact was that, whatever damage their dollar-denominated loans at the exchange rate fixed by the BSP on the date of respondents sustained was purely the consequence of their failure to pay their maturity.[78] loans. There was therefore absolutely no basis for the award of moral damages to THE AWARD OF Neither was there reason to award exemplary damages. Since respondents were not MORAL AND entitled to moral damages, neither should they be awarded exemplary damages.[89] And if respondents were not entitled to moral and exemplary damages, neither could they be awarded attorney's fees and litigation expenses.[90] ACCORDINGLY, the petition is hereby GRANTED. The October 28, 2005 decision and February 3, 2006 resolution of the Court of Appeals in CA-G.R. SP No. 83112 are hereby REVERSED and SET ASIDE. The March 24, 2004 omnibus order of the Regional Trial Court, Branch 16, Cebu City in Civil Case No. CEB-26983 is hereby ANNULLED for being rendered with grave abuse of discretion amounting to lack or excess of jurisdiction. All proceedings undertaken pursuant thereto are likewise declared null and void. The March 1, 2004 order of the Regional Trial Court, Branch 16 of Cebu City in Civil Case No. CEB-26983 is hereby SET ASIDE. The appeal of petitioners Equitable PCI Bank, Aimee Yu and Bejan Lionel Apas is therefore given due course. The February 5, 2004 decision of the Regional Trial Court, Branch 16 of Cebu City in Civil Case No. CEB-26983 is accordingly SET ASIDE. New judgment is hereby entered: 1. ordering respondents Ng Sheung Ngor, doing business under the name and style of Ken Marketing, Ken Appliance Division, Inc. and Benjamin E. Go to pay petitioner Equitable PCI Bank the principal amount of their dollar- and peso-denominated loans; Benjamin E. Go to pay petitioner Equitable PCI Bank interest at: a) 12.66% p.a. with respect to their dollar-denominated loans from January 10, 2001 to July 9, 2001; b) 20% p.a. with respect to their peso-denominated loans from January 10, 2001 to July 9, 2001;[91] c) pursuant to our ruling in Eastern Shipping Lines v. Court of Appeals,[92] the total amount due on July 9, 2001 shall earn legal interest at 12% p.a. from the time petitioner Equitable PCI Bank demanded payment, whether judicially or extra-judicially; and d) after this Decision becomes final and executory, the applicable rate shall be 12% p.a. until full satisfaction; 3. all other claims and counterclaims are dismissed. As a starting point, the Regional Trial Court, Branch 16 of Cebu City shall compute the exact amounts due on the respective dollar-denominated and peso-denominated loans, as of July 9, 2001, of respondents Ng Sheung Ngor, doing business under the name and style of Ken Marketing, Ken Appliance Division and Benjamin E. Go. G.R. No. 112392 February 29, 2000 and warned that should he fail to return that amount within seven (7) days, the matter would be referred to the bank's lawyers for appropriate action to protect the BANK OF THE PHILIPPINE ISLANDS, petitioner, bank's interest.11 This was followed by a letter of the bank's lawyer dated April 8, vs. 1985 demanding the return of the $2,500.00.12 COURT OF APPEALS and BENJAMIN C. NAPIZA, respondents. In reply, private respondent wrote petitioner's counsel on April 20, 198513 stating YNARES-SANTIAGO, J.: that he deposited the check "for clearing purposes" only to accommodate Chan. He This is a petition for review on certiorari of the Decision1 of the Court of Appeals in CA-G.R. CV No. 37392 affirming in toto that of the Regional Trial Court of Makati, Further, please take notice that said check was deposited on September 3, 1984 and Branch 139,2 which dismissed the complaint filed by petitioner Bank of the Philippine withdrawn on October 23, 1984, or a total period of fifty (50) days had elapsed at the Islands against private respondent Benjamin C. Napiza for sum of money. time of withdrawal. Also, it may not be amiss to mention here that I merely signed an authority to withdraw said deposit subject to its clearing, the reason why the On September 3, 1987, private respondent deposited in Foreign Currency Deposit transaction is not reflected in the passbook of the account. Besides, I did not receive Unit (FCDU) Savings Account No. 028-1873 which he maintained in petitioner bank's its proceeds as may be gleaned from the withdrawal slip under the captioned Buendia Avenue Extension Branch, Continental Bank Manager's Check No. signature of recipient.1âwphi1.nêt 000147574 dated August 17, 1984, payable to "cash" in the amount of Two Thousand Five Hundred Dollars ($2,500.00) and duly endorsed by private respondent on its If at all, my obligation on the transaction is moral in nature, which (sic) I have been dorsal side.5 It appears that the check belonged to a certain Henry who went to the and is (sic) still exerting utmost and maximum efforts to collect from Mr. Henry Chan office of private respondent and requested him to deposit the check in his dollar who is directly liable under the circumstances. account by way of accommodation and for the purpose of clearing the same. Private respondent acceded, and agreed to deliver to Chan a signed blank withdrawal slip, xxx xxx xxx with the understanding that as soon as the check is cleared, both of them would go to the bank to withdraw the amount of the check upon private respondent's On August 12, 1986, petitioner filed a complaint against private respondent, praying presentation to the bank of his passbook. for the return of the amount of $2,500.00 or the prevailing peso equivalent plus legal interest from date of demand to date of full payment, a sum equivalent to 20% of the Using the blank withdrawal slip given by private respondent to Chan, on October 23, total amount due as attorney's fees, and litigation and/or costs of suit. 1984, one Ruben Gayon, Jr. was able to withdraw the amount of $2,541.67 from FCDU Savings Account No. 028-187. Notably, the withdrawal slip shows that the amount Private respondent filed his answer, admitting that he indeed signed a "blank" was payable to Ramon A. de Guzman and Agnes C. de Guzman and was duly withdrawal slip with the understanding that the amount deposited would be initialed by the branch assistant manager, Teresita Lindo.6 withdrawn only after the check in question has been cleared. He likewise alleged that he instructed the party to whom he issued the signed blank withdrawal slip to return On November 20, 1984, petitioner received communication from the Wells Fargo it to him after the bank draft's clearance so that he could lend that party his passbook Bank International of New York that the said check deposited by private respondent for the purpose of withdrawing the amount of $2,500.00. However, without his was a counterfeit check7 because it was "not of the type or style of checks issued by knowledge, said party was able to withdraw the amount of $2,541.67 from his dollar Continental Bank International."8 Consequently, Mr. Ariel Reyes, the manager of savings account through collusion with one of petitioner's employees. Private petitioner's Buendia Avenue Extension Branch, instructed one of its employees, respondent added that he had "given the Plaintiff fifty one (51) days with which to Benjamin D. Napiza IV, who is private respondent's son, to inform his father that the clear the bank draft in question." Petitioner should have disallowed the withdrawal check bounced.9 Reyes himself sent a telegram to private respondent regarding the because his passbook was not presented. He claimed that petitioner had no one to dishonor of the check. In turn, private respondent's son wrote to Reyes stating that blame except itself "for being grossly negligent;" in fact, it had allegedly admitted the check been assigned "for encashment" to Ramon A. de Guzman and/or Agnes C. having paid the amount in the check "by mistake" . . . "if not altogether due to de Guzman after it shall have been cleared upon instruction of Chan. He also said collusion and/or bad faith on the part of (its) employees." Charging petitioner with that upon learning of the dishonor of the check, his father immediately tried to "apparent ignorance of routine bank procedures," by way of counterclaim, private contact Chan but the latter was out of town.10 respondent prayed for moral damages of P100,000.00, exemplary damages of P50,000.00 and attorney's fees of 30% of whatever amount that would be awarded to Private respondent's son undertook to return the amount of $2,500.00 to petitioner him plus an honorarium of P500.00 per appearance in court. bank. On December 18, 1984, Reyes reminded private respondent of his son's promise Private respondent also filed a motion for admission of a third party complaint propriety of the accounting reflected would be a meaningless exercise. After all, these against Chan. He alleged that "thru strategem and/or manipulation," Chan was able requirements are designed to protect the bank from deception or fraud. to withdraw the amount of $2,500.00 even without private respondent's passbook. Thus, private respondent prayed that third party defendant Chan be made to refund The Court of Appeals cited the case of Roman Catholic Bishop of Malolos, Inc. v. to him the amount withdrawn and to pay attorney's fees of P5,000.00 plus P300.00 IAC,14 where this Court stated that a personal check is not legal tender or money, honorarium per appearance. and held that the check deposited in this case must be cleared before its value could be properly transferred to private respondent's account. Petitioner filed a comment on the motion for leave of court to admit the third party complaint, whenever it asserted that per paragraph 2 of the Rules and Regulations Without filing a motion for the reconsideration of the Court of Appeals' Decision, governing BPI savings accounts, private respondent alone was liable "for the value of petitioner filed this petition for review on certiorari, raising the following issues: the credit given on account of the draft or check deposited." It contended that private respondent was estopped from disclaiming liability because he himself authorized 1. WHETHER OR NOT RESPONDENT NAPIZA IS LIABLE UNDER HIS the withdrawal of the amount by signing the withdrawal slip. Petitioner prayed for WARRANTIES AS A GENERAL INDORSER. the denial of the said motion so as not to unduly delay the disposition of the main case asserting that private respondent's claim could be ventilated in another case. 2. WHETHER OR NOT A CONTRACT OF AGENCY WAS CREATED BETWEEN RESPONDENT NAPIZA AND RUBEN GAYON. Private respondent replied that for the parties to obtain complete relief and to avoid multiplicity of suits, the motion to admit third party complaint should be granted. 3. WHETHER OR NOT PETITIONER WAS GROSSLY NEGLIGENT IN ALLOWING Meanwhile, the trial court issued orders on August 25, 1987 and October 28, 1987 THE WITHDRAWAL. directing private respondent to actively participate in locating Chan. After private respondent failed to comply, the trial court, on May 18, 1988, dismissed the third Petitioner claims that private respondent, having affixed his signature at the dorsal party complaint without prejudice. side of the check, should be liable for the amount stated therein in accordance with the following provision of the Negotiable Instruments Law (Act No. 2031): On November 4, 1991, a decision was rendered dismissing the complaint. The lower court held that petitioner could not hold private respondent liable based on the Sec. 66. Liability of general indorser. — Every indorser who indorses without check's face value alone. To so hold him liable "would render inutile the requirement qualification, warrants to all subsequent holders in due course — of "clearance" from the drawee bank before the value of a particular foreign check or draft can be credited to the account of a depositor making such deposit." The lower (a) The matters and things mentioned in subdivisions (a), (b), and (c) of the next court further held that "it was incumbent upon the petitioner to credit the value of the preceding section; and check in question to the account of the private respondent only upon receipt of the notice of final payment and should not have authorized the withdrawal from the (b) That the instrument is at the time of his indorsement, valid and subsisting. latter's account of the value or proceeds of the check." Having admitted that it committed a "mistake" in not waiting for the clearance of the check before authorizing And, in addition, he engages that on due presentment, it shall be accepted or paid, or the withdrawal of its value or proceeds, petitioner should suffer the resultant loss. both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to On appeal, the Court of Appeals affirmed the lower court's decision. The appellate the holder, or to any subsequent indorser who may be compelled to pay it. court held that petitioner committed "clears gross negligence" in allowing Ruben Gayon, Jr. to withdraw the money without presenting private respondent's passbook Sec. 65, on the other hand, provides for the following warranties of a person and, before the check was cleared and in crediting the amount indicated therein in negotiating an instrument by delivery or by qualified indorsement: (a) that the private respondent's account. It stressed that the mere deposit of a check in private instrument is genuine and in all respects what it purports to be; (b) that he has a good respondent's account did not mean that the check was already private respondent's title to it, and (c) that all prior parties had capacity to contract.15 In People v. property. The check still had to be cleared and its proceeds can only be withdrawn Maniego,16 this Court described the liabilities of an indorser as follows: upon presentation of a passbook in accordance with the bank's rules and regulations. Furthermore, petitioner's contention that private respondent warranted the check's Appellant's contention that as mere indorser, she may not be liable on account of the genuineness by endorsing it is untenable for it would render useless the clearance dishonor of the checks indorsed by her, is likewise untenable. Under the law, the requirement. Likewise, the requirement of presentation of a passbook to ascertain the holder or last indorsee of a negotiable instrument has the right "to enforce payment of the instrument for the full amount thereof against all parties liable thereon. Among the "parties liable thereon." Is an indorser of the instrument, i.e., "a person placing his related to such withdrawals shall be for the account of the depositor and shall be paid signature upon an instrument otherwise than as a maker, drawer or acceptor * * by him/her upon demand. Withdrawals may also be made in the form of travellers unless he clearly indicated by appropriate words his intention to be bound in some checks and in pesos. Withdrawals in the form of notes/bills are allowed subject other capacity." Such an indorser "who indorses without qualification," inter alia however, to their (availability). "engages that on due presentment, * * (the instrument) shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the 6. Deposits shall not be subject to withdrawal by check, and may be withdrawal only necessary proceedings on dishonor be duly taken, he will pay the amount thereof to in the manner above provided, upon presentation of the depositor's savings passbook the holder, or any subsequent indorser who may be compelled to pay it." Maniego and with the withdrawal form supplied by the Bank at the counter.19 may also be deemed an "accommodation party" in the light of the facts, i.e., a person "who has signed the instrument as maker, drawer, acceptor, or indorser, without Under these rules, to be able to withdraw from the savings account deposit under the receiving value thereof, and for the purpose of lending his name to some other Philippine foreign currency deposit system, two requisites must be presented to person." As such, she is under the law "liable on the instrument to a holder for value, petitioner bank by the person withdrawing an amount: (a) a duly filled-up notwithstanding such holder at the time of taking the instrument knew * * (her) to be withdrawal slip, and (b) the depositor's passbook. Private respondent admits he only an accommodation party," although she has the right, after paying the holder, to signed a blank withdrawal slip ostensibly in violation of Rule No. 6 requiring that the obtain reimbursement from the party accommodated, "since the relation between request for withdrawal must name the payee, the amount to be withdrawn and the them is in effect that of principal and surety, the accommodation party being the place where such withdrawal should be made. That the withdrawal slip was in fact a surety. blank one with only private respondent's two signatures affixed on the proper spaces is buttressed by petitioner's allegation in the instant petition that had private It is thus clear that ordinarily private respondent may be held liable as an indorser of respondent indicated therein the person authorized to receive the money, then Ruben the check or even as an accommodation party.17 However, to hold private Gayon, Jr. could not have withdrawn any amount. Petitioner contends that "(I)n respondent liable for the amount of the check he deposited by the strict application of failing to do so (i.e., naming his authorized agent), he practically authorized any the law and without considering the attending circumstances in the case would result possessor thereof to write any amount and to collect the same."20 in an injustice and in the erosion of the public trust in the banking system. The interest of justice thus demands looking into the events that led to the encashment of Such contention would have been valid if not for the fact that the withdrawal slip the check. itself indicates a special instruction that the amount is payable to "Ramon A. de Guzman &/or Agnes C. de Guzman." Such being the case, petitioner's personnel Petitioner asserts that by signing the withdrawal slip, private respondent "presented should have been duly warned that Gayon, who was also employed in petitioner's the opportunity for the withdrawal of the amount in question." Petitioner relied "on Buendia Ave. Extension branch,21 was not the proper payee of the proceeds of the the genuine signature on the withdrawal slip, the personality of private respondent's check. Otherwise, either Ramon or Agnes de Guzman should have issued another son and the lapse of more than fifty (50) days from date of deposit of the Continental authority to Gayon for such withdrawal. Of course, at the dorsal side of the Bank draft, without the same being returned yet."18 We hold, however, that the withdrawal slip is an "authority to withdraw" naming Gayon the person who can propriety of the withdrawal should be gauged by compliance with the rules thereon withdraw the amount indicated in the check. Private respondent does not deny that both petitioner bank and its depositors are duty-bound to observe. having signed such authority. However, considering petitioner's clear admission that the withdrawal slip was a blank one except for private respondent's signature, the In the passbook that petitioner issued to private respondent, the following rules on unavoidable conclusion is that the typewritten name of "Ruben C. Gayon, Jr." was withdrawal of deposits appear: intercalated and thereafter it was signed by Gayon or whoever was allowed by petitioner to withdraw the amount. Under these facts, there could not have been a 4. Withdrawals must be made by the depositor personally but in some exceptional principal-agent relationship between private respondent and Gayon so as to render circumstances, the Bank may allow withdrawal by another upon the depositor's the former liable for the amount withdrawn. written authority duly authenticated; and neither a deposit nor a withdrawal will be permitted except upon the presentation of the depositor's savings passbook, in which Moreover, the withdrawal slip contains a boxed warning that states: "This receipt the amount deposited withdrawn shall be entered only by the Bank. must be signed and presented with the corresponding foreign currency savings passbook by the depositor in person. For withdrawals thru a representative, 5. Withdrawals may be made by draft, mail or telegraphic transfer in currency of the depositor should accomplish the authority at the back." The requirement of account at the request of the depositor in writing on the withdrawal slip or by presentation of the passbook when withdrawing an amount cannot be given mere lip authenticated cable. Such request must indicate the name of the payee/s, amount and service even though the person making the withdrawal is authorized by the depositor the place where the funds are to be paid. Any stamp, transmission and other charges to do so. This is clear from Rule No. 6 set out by petitioner so that, for the protection of the bank's interest and as a reminder to the depositor, the withdrawal shall be personnel of Banco Atlantico's foreign department. The Court held that the entered in the depositor's passbook. The fact that private respondent's passbook was encashment of the checks without prior clearance is "contrary to normal or ordinary not presented during the withdrawal is evidenced by the entries therein showing that banking practice specially so where the drawee bank is a foreign bank and the the last transaction that he made with the bank was on September 3, 1984, the date he amounts involved were large." Accordingly, the Court approved the Auditor deposited the controversial check in the amount of $2,500.00.22 General's denial of Banco Atlantico's claim for payment of the value of the checks that was withdrawn by Boncan. In allowing the withdrawal, petitioner likewise overlooked another rule that is printed in the passbook. Thus: Said ruling brings to light the fact that the banking business is affected with public interest. By the nature of its functions, a bank is under obligation to treat the accounts 2. All deposits will be received as current funds and will be repaid in the same of its depositors "with meticulous care, always having in mind the fiduciary nature of manner; provided, however, that deposits of drafts, checks, money orders, etc. will be their relationship."27 As such, in dealing with its depositors, a bank should exercise accented as subject to collection only and credited to the account only upon receipt of its functions not only with the diligence of a good father of a family but it should do the notice of final payment. Collection charges by the Bank's foreign correspondent in so with the highest degree of care.28 effecting such collection shall be for the account of the depositor. If the account has sufficient balance, the collection shall be debited by the Bank against the account. If, In the case at bar, petitioner, in allowing the withdrawal of private respondent's for any reason, the proceeds of the deposited checks, drafts, money orders, etc., deposit, failed to exercise the diligence of a good father of a family. In total disregard cannot be collected or if the Bank is required to return such proceeds, the provisional of its own rules, petitioner's personnel negligently handled private respondent's entry therefor made by the Bank in the savings passbook and its records shall be account to petitioner's detriment. As this Court once said on this matter: deemed automatically cancelled regardless of the time that has elapsed, and whether or not the defective items can be returned to the depositor; and the Bank is hereby Negligence is the omission to do something which a reasonable man, guided by those authorized to execute immediately the necessary corrections, amendments or changes considerations which ordinarily regulate the conduct of human affairs, would do, or in its record, as well as on the savings passbook at the first opportunity to reflect such the doing of something which a prudent and reasonable man would do. The seventy- cancellation. (Emphasis and underlining supplied.) eight (78)-year-old, yet still relevant, case of Picart v. Smith, provides that test by which to determine the existence of negligence in a particular case which may be As correctly held by the Court of Appeals, in depositing the check in his name, stated as follows: Did the defendant in doing the alleged negligent act use that private respondent did not become the outright owner of the amount stated therein. reasonable care and caution which an ordinarily prudent person would have used in Under the above rule, by depositing the check with petitioner, private respondent the same situation? If not, then he is guilty of negligence. The law here in effect was, in a way, merely designating petitioner as the collecting bank. This is in adopts the standard supposed to be supplied by the imaginary conduct of the discreet consonance with the rule that a negotiable instrument, such as a check, whether a pater-familias of the Roman law. The existence of negligence in a given case is not manager's check or ordinary check, is not legal tender.23 As such, after receiving the determined by reference to the personal judgment of the actor in the situation before deposit, under its own rules, petitioner shall credit the amount in private him. The law considers what would be reckless, blameworthy, or negligent in the respondent's account or infuse value thereon only after the drawee bank shall have man of ordinary intelligence and prudence and determines liability by that.29 paid the amount of the check or the check has been cleared for deposit. Again, this is in accordance with ordinary banking practices and with this Court's pronouncement Petitioner violated its own rules by allowing the withdrawal of an amount that is that "the collecting bank or last endorser generally suffers the loss because has the definitely over and above the aggregate amount of private respondent's dollar duty to ascertain the genuineness of all prior endorsements considering that the act of deposits that had yet to be cleared. The bank's ledger on private respondent's account presenting the check for payment to the drawee is an assertion that the party making shows that before he deposited $2,500.00, private respondent had a balance of only the presentment has done its duty to ascertain the genuineness of the $750.00.30 Upon private respondent's deposit of $2,500.00 on September 3, 1984, that endorsements."24 The rule finds more meaning in this case where the check involved amount was credited in his ledger as a deposit resulting in the corresponding total is drawn on a foreign bank and therefore collection is more difficult than when the balance of $3,250.00.31 On September 10, 1984, the amount of $600.00 and the drawee bank is a local one even though the check in question is a manager's check.25 additional charges of $10.00 were indicated therein as withdrawn thereby leaving a balance $2,640.00. On September 30, 1984, an interest of $11.59 was reflected in the In Banco Atlantico v. Auditor General,26 Banco Atlantico, a commercial bank in ledger and on October 23, 1984, the amount of $2,541.67 was entered as withdrawn Madrid, Spain, paid the amounts represented in three (3) checks to Virginia Boncan, with a balance of $109.92.32 On November 19, 1984 the word "hold" was written the finance officer of the Philippine Embassy in Madrid. The bank did so without beside the balance of $109.92.33 That must have been the time when Reyes, previously clearing the checks with the drawee bank, the Philippine National Bank in petitioner's branch manager, was informed unofficially of the fact that the check New York, on account of the "special treatment" that Boncan received from the deposited was a counterfeit, but petitioner's Buendia Ave. Extension Branch received a copy of the communication thereon from Wells Fargo Bank International in New York the following day, November 20, 1984.34 According to Reyes, Wells Fargo Bank International handled the clearing of checks drawn against U.S. banks that were deposited with petitioner.35 From these facts on record, it is at once apparent that petitioner's personnel allowed the withdrawal of an amount bigger than the original deposit of $750.00 and the value of the check deposited in the amount of $2,500.00 although they had not yet received notice from the clearing bank in the United States on whether or not the check was funded. Reyes' contention that after the lapse of the 35-day period the amount of a deposited check could be withdrawn even in the absence of a clearance thereon, otherwise it could take a long time before a depositor could make a withdrawal,36 is untenable. Said practice amounts to a disregard of the clearance requirement of the banking system. While it is true that private respondent's having signed a blank withdrawal slip set in motion the events that resulted in the withdrawal and encashment of the counterfeit check, the negligence of petitioner's personnel was the proximate cause of the loss that petitioner sustained. Proximate cause, which is determined by a mixed consideration of logic, common sense, policy and precedent, is "that cause, which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred."37 The proximate cause of the withdrawal and eventual loss of the amount of $2,500.00 on petitioner's part was its personnel's negligence in allowing such withdrawal in disregard of its own rules and the clearing requirement in the banking system. In so doing, petitioner assumed the risk of incurring a loss on account of a forged or counterfeit foreign check and hence, it should suffer the resulting damage.1âwphi1.nêt WHEREFORE, the petition for review on certiorari is DENIED. The Decision of the Court of Appeals in CA-G.R. CV No. 37392 is AFFIRMED. PHILIPPINE SAVINGS BANK, G.R. No. 177526 The total amount of the subject checks reached P556,981.86. Petitioner, Present: On the respective due dates of each check, Chowkings acting accounting manager, YNARES-SANTIAGO, J., Rino T. Manzano, endorsed and encashed said checks with the Bustos branch Chai of respondent PSBank.[3] rperson, - versus - AUSTRIA-MARTINEZ, All the five checks were honored by defendant Santos, even with only the CHICO-NAZARIO, endorsement of Manzano approving them. The signatures of the other authorized NACHURA, and officers of respondent corporation were absent in the five (5) checks, contrary to usual REYES, JJ. banking practice.[4] Unexpectedly, Manzano absconded with and misappropriated the check proceeds.[5] CHOWKING FOOD Promulgated: CORPORATION, When Chowking found out Manzanos scheme, it demanded reimbursement from Respondent. July 4, 2008 PSBank.[6] When PSBank refused to pay, Chowking filed a complaint[7] for a sum of money with damages before the RTC. Likewise impleaded were PSBanks president, x--------------------------------------------------x Antonio S. Abacan, and Bustos branch head, Santos.[8] DECISION Both PSBank and Santos filed cross claims and third party complaints against Manzano.[9] Despite all diligent efforts, summonses were not served upon third party defendant Manzano. Santos did not take any further action and her third party REYES, R.T., J.: complaint was archived.[10] Meanwhile, petitioner caused the service of its summons on the cross-claim and third IT is the peculiar quality of a fool to perceive the fault of others and to forget his party complaints through publication. On its subsequent motion, Manzano was own. Ang isang kakatuwang katangian ng isang hangal ay punahin ang kamalian ng declared in default for failure to file a responsive pleading. [11] iba at kalimutan naman ang sa kanya. Respondent filed a motion for summary judgment. Petitioner opposed the This is a petition for review on certiorari of the Decision[1] of the Court of Appeals motion. On February 1, 1995, the trial court denied the motion via an order of even (CA) reinstating the Decision of the Regional Trial Court date.[12] (RTC), Manila, Branch 5. The RTC ordered petitioner Philippine Savings Bank (PSBank) and its Bustos Branch Head, Erlinda O. Santos, to reimburse respondent In its Answer, petitioner did not controvert the foregoing facts, but denied liability to Chowking Food Corporation (Chowking) the amount corresponding to five (5) respondent for the encashed checks.[13] Petitioner bank maintained it exercised due illegally encashed checks. diligence in the supervision of all its employees. It even dismissed defendant Santos after she was found guilty of negligence in the performance of her The Facts duties.[14] Between March 15, 1989 and August 10, 1989, Joe Kuan Food Corporation issued in Defendant Santos, on the other hand, denied that she had been negligent in her favor of Chowking five (5) PSBank checks with the following numbers, dates and job. She averred that she merely followed the banks practice of honoring respondents denominations: checks even if accompanied only by Manzanos endorsement.[15] Check No. Amount Date Defendant Abacan likewise denied any liability to respondent. He alleged that, as 017069 P 44,120.00 15 March 1989 president and officer of petitioner bank, he played no role in the transactions 053528 P135,052.87 09 May 1989 complained of.[16] Thus, respondent has no cause of action against him. 074602 P160,138.12 08 August 1989 074631 P159,634.13 08 August 1989 Petitioner, Santos and Abacan were unanimous in asserting that respondent 017096 P 60,036.74 10 August 1989[2] is estopped from claiming reimbursement and damages since it was negligent in allowing Manzano to take hold, endorse, and encash its checks. Petitioner pointed out 1. Ordering the dismissal of the complaint by the that the proximate cause of respondents loss was its own negligence. [17] plaintiff Chowking Food Corporation against the defendants, Philippine Savings RTC Disposition Bank (PSBank) and Erlinda Santos for lack of basis in fact and law; On August 24, 1998, the RTC rendered judgment in favor of respondent, the dispositive portion of which reads: 2. Ordering the third party defendant, Regino or Rino T. Manzano to pay the plaintiff WHEREFORE, premises considered, judgment is hereby rendered Chowking Food Corporation, the following: in favor of plaintiff and as against defendant Philippine Savings Bank and Erlinda O. Santos ordering the said defendants to pay a. To reimburse the plaintiff the plaintiff, jointly and severally: amount of P556,981.86 plus interest at the rate of 12% per 1. The amount of P556,981.86 plus interest at the annum from August 15, 1989, rate of 12% per annum from August 15, until said amount has been fully 1989 until said amount shall have been satisfied; paid; 2. 20% of the total amount due plaintiff as b. To pay an attorneys fee equivalent attorneys fees; to 20% of the total amount due 3. The sum of P100,000.00 as exemplary damages; the plaintiff; 4. The sum of P1,000,000.00 for plaintiffs unrealized profits. c. To pay an amount of P100,000.00 the plaintiff for actual and The complaint with respect to defendant Antonio Abacan, compensatory damages, plus the Jr. as well as his counterclaim and cross claim are hereby costs of this suit. DISMISSED. SO ORDERED.[19] With respect to the cross claim of defendant PSBank against Erlinda Santos and its third-party complaint against Rino T. Dissatisfied with the modified ruling of the RTC, respondent appealed to the CA. Manzano, both Santos and Manzano are hereby ordered to jointly and severally, reimburse defendant PSBank whatever amount the CA Disposition latter shall be constrained to pay plaintiff in connection with this case. In its appeal, respondent Chowking contended, inter alia, that the RTC erred in ruling that the proximate cause of the loss was its own negligence; and that its SO ORDERED.[18] claim was barred by estoppel. Aggrieved, petitioner filed a motion for reconsideration. Through an Order dated January 11, 1999, the RTCreversed its earlier ruling and held that it was On January 31, 2007, the CA granted the appeal, disposing as follows: respondents own negligence that was the proximate cause of the loss.The fallo of the amended RTC decision now reads: WHEREFORE, the instant appeal is GRANTED. The order appealed from is hereby SET ASIDE and the 24 August In light of the foregoing grounds and observations, the 1998 decision is consequently REINSTATED with modification that Decision of August 24, 1998, by this Court is accordingly modified the awards of attorneys fees, exemplary damages, and as follows: alleged P1,000,000.00 unrealized profits of the appellant are DELETED. IT IS SO ORDERED.[20] x x x However, with banks like PSB, the degree of diligence required is more than that of a good father of a family considering The CA held that both petitioner PSBank and Santos should bear the that the business of banking is imbued with public interest due to loss. Said the appellate court: the nature of its functions. Highest degree of diligence is needed which PSB, in this case, failed to observe. It is admitted that PSB cashed, over the counter, the checks x x x Its argument that it should no be held responsible for the of the appellant indorsed by Manzano alone. Since there is no more negligent acts of Santos because those were independent acts x x x dispute on the negligent act of Santos in honoring the appellants perpetrated without its knowledge and consent is without basis in checks, over the counter, despite the proper indorsements, the fact and in law. Assuming that PSB did not err in hiring Santos for categorical finding of negligence against her, remaining her position, its lack of supervision over her made it solidarily unrebutted, is deemed established. This in effect warrants a finding liable for the unauthorized encashment of the checks involved. In that Santos is liable for damages to the appellant. The lower court the supervision of employees, the employer must formulate therefore erred in dismissing the complaint against her.[21] standard operating procedures, monitor their implementation and impose disciplinary measures for the breach thereof. The appellee, Further, the CA held that: in this case, presented no evidence that it formulated rules/guidelines for the proper performance of functions of its Contrary to PSBs contention that it should not be held employees and that it strictly implemented and monitored liable because it neither consented to nor had knowledge compliance therewith. x x x[22] of Santos (sic) violations, such liability of Santos is solidary with PSB pursuant to Article 2176 in relation to Article 2180 of the The CA also disagreed with petitioners contention that respondents own negligence Civil Code which states: was the proximate cause of its loss. The CA opined that even assuming that respondent was also negligent in allowing Manzano to encash its checks, petitioner Art. 2176. Whoever by act or omission causes had the last clear chance to avert injury and loss to respondent. This could have been damage to another, there being fault or done if petitioner, through Santos, faithfully and carefully observed its encashment negligence, is obliged to pay for the damage rules and procedures. Art. 2180. The obligation imposed by Art. 2176 is The CA ratiocinated: demandable not only for one's own acts or omissions but also for those of persons for whom x x x Had Santos not been remiss in verifying the indorsements of one is responsible. the checks involved, she would not have cashed the same because Manzano, whose only signature appears therein, is apparently not xxxx an authorized signatory of the appellant x x x had every means to determine the validity of those indorsements but for one reason or Employers shall be liable for the damage caused another she was neglectful of her duty x x x as admitted by PSB, by their employees and household helpers acting such over the counter encashments are not even sanctioned by its within the scope of their assigned tasks even policies but Santos simply ignored the same. It appears clear though the former are not engaged in any that Santos let the opportunity slip by when an exercise of ordinary business or activity. prudence expected of bank employees would have sufficed to prevent the loss.[23] The responsibility treated of in this article shall Issues cease when the persons herein mentioned prove that they observed all the diligence of a good Petitioner has resorted to the present recourse and assigns to the CA the father of a family to prevent damage. following errors: THE HONORABLE COURT OF APPEALS ERRED IN NOT other authorized signatories. Respondent did not allow petitioner to have its RULING THAT RESPONDENT WAS ESTOPPEDFROM checks encashed without the signature of all of its authorized signatories. ASSERTING ITS CLAIM AGAINST PETITIONER. II The CA pointed out: THE HONORABLE COURT OF APPEALS ERRED WHEN IT DID NOT RULE THAT RESPONDENT'S NEGLIGENCE WAS THE We find at the back of those checks, whereon indorsement PROXIMATE CAUSE OF ITS OWN LOSS. (Underscoring supplied) usually appears, the signature of Manzano together with other signature/signatures though mostly are illegible. It appears then that, Our Ruling assuming the appellant impliedly tolerated the act of Manzano in indorsing the checks, it did not allow Manzano alone to indorse its The doctrine of equitable estoppel or estoppel in pais finds no application in the checks as what actually happened in this case because his previous present case. The equitable doctrine of estoppel was explained by this Court in Caltex indorsements were coupled with other indorsements of the (Philippines), Inc. v. Court of Appeals:[24] appellants signatories. There is, therefore, no sufficient evidence to sustain PSBs submission. On this score alone, the defense of Under the doctrine of estoppel, an admission or estoppel must fail.[29](Underscoring and emphasis supplied) representation is rendered conclusive upon the person making it, and cannot be denied or disproved as against the person relying Neither can estoppel be appreciated in relation to petitioner itself. In Kalalo v. thereon. A party may not go back on his own acts and Luz,[30] the Court enumerated the elements of estoppel in this wise: representations to the prejudice of the other party who relied upon them. In the law of evidence, whenever a party has, by his own x x x As related to the party claiming the estoppel, the declaration, act, or omission, intentionally and deliberately led essential elements are (1) lack of knowledge and of the means of another to believe a particular thing true, to act upon such belief, he knowledge of the truth as the facts in question; (2) reliance, in good cannot, in any litigation arising out of such declaration, act, or faith, upon the conduct and statements of the party to be estopped; omission, be permitted to falsify it.[25] (3) action or inaction based thereon of such character as to change the position or status of the party claiming the estoppel, to his The principle received further elaboration in Maneclang v. Baun:[26] injury, detriment or prejudice.[31] In estoppel by pais, as related to the party sought to be Here, the first two elements are wanting. Petitioner has knowledge of the truth and estopped, it is necessary that there be a concurrence of the the means to it as to the proper endorsements necessary in encashing respondents following requisites: (a) conduct amounting to false representation checks. Respondent has an account with petitioner bank and, as such, is privy to the or concealment of material facts or at least calculated to convey the proper signatories to endorse respondents checks. impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (b) intent, or Neither can petitioner claim good faith. at least expectation that this conduct shall be acted upon, or at least influenced by the other party; and (c) knowledge, actual or It is elementary that estoppel cannot be sustained in doubtful inference. Absent the constructive of the actual facts.[27] conclusive proof that its essential elements are present, estoppel must fail. Because estoppel, when misapplied, becomes a most effective weapon to accomplish an Estoppel may vary somewhat in definition, but all authorities agree that a party injustice, inasmuch as it shuts a mans mouth from speaking the truth.[32] invoking the doctrine must have been misled to ones prejudice. That is the final and, in reality, most important of the elements of equitable estoppel. [28] It is this element Petitioner failed to prove that it has observed the due diligence required of banks that is lacking here. under the law. Contrary to petitioners view, its negligence is the proximate cause of respondents loss. We agree with the CA that Chowking did not make any false representation or concealment of material facts in relation to the encashments of the previous It cannot be over emphasized that the banking business is impressed with checks. As adverted to earlier, respondent may have allowed Manzano to previously public interest. Of paramount importance is the trust and confidence of the public in encash its checks, but it has always been accompanied with the endorsements of the general in the banking industry. Consequently, the diligence required of banks is more than that of a Roman pater familias or a good father of a family.[33] The highest Q: It is only now that you are aware of that? degree of diligence is expected.[34] A: Yes, Sir. It was this negligence x x x coupled by the negligence of the petitioner bank in the selection and supervision of its bank In its declaration of policy, the General Banking Law of 2000[35] requires of teller, which was the proximate cause of the loss suffered by private banks the highest standards of integrity and performance. Needless to say, a bank is respondent, and not the latters act of entrusting cash to a dishonest under obligation to treat the accounts of its depositors with meticulous care.[36] The employee, as insisted by the petitioners.[39] fiduciary nature of the relationship between the bank and the depositors must always be of paramount concern.[37] Proximate cause is determined by the facts of the case. It is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, Petitioner, through Santos, was clearly negligent when it honored produces the injury, and without which the result would not have occurred. [40] respondents checks with the lone endorsement of Manzano. In the similar case of Philippine Bank of Commerce v. Court of Appeals,[38] an employee of Rommels Measured by the foregoing yardstick, the proximate cause of the loss is not Marketing Corporation (RMC) was able to illegally deposit in a different account the respondents alleged negligence in allowing Manzano to take hold and encash checks of the corporation. This Court found that it was the bank tellers failure to respondents checks. The proximate cause is petitioners own negligence in the exercise extraordinary diligence to validate the deposit slips that caused the crime to supervision of its employees when it overlooked the irregular practice of encashing be perpetrated. checks even without the requisite endorsements. The Court held thus: In Bank of the Philippine Islands v. Casa Montessori Internationale,[41] this Court similarly held: Negligence here lies not only on the part of Ms. Mabayad but also on the part of the bank itself in its lackadaisical selection and For allowing payment on the checks to a wrongful and supervision of Ms. Mabayad. This was exemplified in the testimony fictitious payee, BPI the drawee bank becomes liable to its of Mr. Romeo Bonifacio, then Manager of the Pasig Branch of the depositor-drawer. Since the encashing bank is one of its branches, petitioner bank and now its Vice-President, to the effect that, while BPI can easily go after it and hold it liable for reimbursement. x x x he ordered the investigation of the incident, he never came to know In both law and equity, when one of two innocent persons must that blank deposit slips were validated in total disregard of the suffer by the wrongful act of a third person, the loss must be borne bank's validation procedures, viz.: by the one whose negligence was the proximate cause of the loss or who put it into the power of the third person to perpetrate the Q: Did he ever tell you that one of your cashiers wrong.[42] affixed the stamp mark of the bank on the deposit slips and they validated the same Further, the Court ruled: with the machine, the fact that those deposit slips were unfilled up, is there any report similar to that? Pursuant to its prime duty to ascertain well the A: No, it was not the cashier but the teller. genuineness of the signatures of its client-depositors on checks being encashed, BPI is expected to use reasonable business Q: The teller validated the blank deposit slip? prudence. In the performance of that obligation, it is bound by its A: No it was not reported. internal banking rules and regulations that form part of the contract it enters into with its depositors. Q: You did not know that any one in the bank tellers or cashiers validated the blank deposit slip? Unfortunately, it failed in that regard. x x x Without A: I am not aware of that. exercising the required prudence on its part, BPI accepted and encashed the eight checks presented to it. As a result, it proximately contributed to the fraud and should be held primarily liable for the negligence of its officers or agents when acting within the course and scope of their employment. It must bear the loss.[43] WHEREFORE, the petition is DENIED for lack of merit. [G.R. No. 149454. May 28, 2004] The Facts The facts of the case are narrated by the CA as follows: BANK OF THE PHILIPPINE ISLANDS, petitioner, vs. CASA MONTESSORI INTERNATIONALE and LEONARDO T. YABUT, respondents. On November 8, 1982, plaintiff CASA Montessori International[5] opened Current Account No. 0291-0081-01 with defendant BPI[,] with CASAs President Ms. Ma. Carina C. Lebron as one of its authorized signatories. [G.R. No. 149507. May 28, 2004] In 1991, after conducting an investigation, plaintiff discovered that nine (9) of its checks had been encashed by a certain Sonny D. Santos since 1990 in the total amount of P782,000.00, on the following dates and amounts: CASA MONTESSORI INTERNATIONALE, petitioner, vs. BANK OF THE Check No. Date Amount PHILIPPINE ISLANDS, respondent. 1. 839700 April 24, 1990 P 43,400.00 PANGANIBAN, J.: 2. 839459 Nov. 2, 1990 110,500.00 By the nature of its functions, a bank is required to take meticulous care of the 3. 839609 Oct. 17, 1990 47,723.00 deposits of its clients, who have the rightto expect high standards of integrity and performance from it. Among its obligations in furtherance thereof is knowing 4. 839549 April 7, 1990 90,700.00 the signatures of its clients. Depositors are not estopped from questioning wrongful withdrawals, even if they have failed to question those errors in the statements sent 5. 839569 Sept. 23, 1990 52,277.00 by the bank to them for verification. 6. 729149 Mar. 22, 1990 148,000.00 The Case 7. 729129 Mar. 16, 1990 51,015.00 8. 839684 Dec. 1, 1990 140,000.00 Before us are two Petitions for Review[1] under Rule 45 of the Rules of Court, assailing the March 23, 2001 Decision[2]and the August 17, 2001 Resolution[3] of the Court of Appeals (CA) in CA-GR CV No. 63561. The decretal portion of the assailed 9. 729034 Mar. 2, 1990 98,985.00 Decision reads as follows: Total -- P 782,600.00[6] WHEREFORE, upon the premises, the decision appealed from is AFFIRMED with the modification that defendant bank [Bank of the Philippine Islands (BPI)] is held It turned out that Sonny D. Santos with account at BPIs Greenbelt Branch [was] a liable only for one-half of the value of the forged checks in the amount of P547,115.00 fictitious name used by third party defendant Leonardo T. Yabut who worked as after deductions subject to REIMBURSEMENT from third party defendant Yabut who external auditor of CASA. Third party defendant voluntarily admitted that he forged is likewise ORDERED to pay the other half to plaintiff corporation [Casa Montessori the signature of Ms. Lebron and encashed the checks. Internationale (CASA)].[4] The PNP Crime Laboratory conducted an examination of the nine (9) checks and concluded that the handwritings thereon compared to the standard signature of Ms. The assailed Resolution denied all the parties Motions for Reconsideration. Lebron were not written by the latter. On March 4, 1991, plaintiff filed the herein Complaint for Collection with 2. The Honorable Court of Appeals erred when it declared that [CASA] was likewise Damages against defendant bank praying that the latter be ordered to reinstate the negligent in the case at bar, thus warranting its conclusion that the loss in the amount amount of P782,500.00[7] in the current and savings accounts of the plaintiff with of P547,115.00 be apportioned between [CASA] and [BPI] x x x.[11] interest at 6% per annum. On February 16, 1999, the RTC rendered the appealed decision in favor of the These issues can be narrowed down to three. First, was there forgery under the plaintiff.[8] Negotiable Instruments Law (NIL)?Second, were any of the parties negligent and therefore precluded from setting up forgery as a defense? Third, should moral and exemplary damages, attorneys fees, and interest be awarded? Modifying the Decision of the Regional Trial Court (RTC), the CA apportioned the loss between BPI and CASA. The appellate court took into account CASAs contributory negligence that resulted in the undetected forgery. It then ordered The Petition in GR No. 149454 has no merit, while that in GR No. 149507 is Leonardo T. Yabut to reimburse BPI half the total amount claimed; and CASA, the partly meritorious. other half. It also disallowed attorneys fees and moral and exemplary damages. Hence, these Petitions.[9] First Issue: Forged Signature Wholly Inoperative Section 23 of the NIL provides: In GR No. 149454, Petitioner BPI submits the following issues for our Section 23. Forged signature; effect of. -- When a signature is forged or made without consideration: the authority of the person whose signature it purports to be, it is wholly inoperative, and no right x x x to enforce payment thereof against any party thereto, can be I. The Honorable Court of Appeals erred in deciding this case NOT in accord with acquired through or under such signature, unless the party against whom it is sought the applicable decisions of this Honorable Courtto the effect that forgery cannot be to enforce such right is precluded from setting up the forgery or want of authority.[12] presumed; that it must be proved by clear, positive and convincing evidence; and that the burden of proof lies on the party alleging the forgery. Under this provision, a forged signature is a real[13] or absolute defense,[14] and a person whose signature on a negotiable instrument is forged is deemed to have never II. The Honorable Court of Appeals erred in deciding this case not in accord with become a party thereto and to have never consented to the contract that allegedly applicable laws, in particular the Negotiable Instruments Law (NIL) which precludes gave rise to it.[15] CASA, on account of its own negligence, from asserting its forgery claim against BPI, The counterfeiting of any writing, consisting in the signing of anothers name specially taking into account the absence of any negligence on the part of BPI.[10] with intent to defraud, is forgery.[16] In GR No. 149507, Petitioner CASA submits the following issues: In the present case, we hold that there was forgery of the drawers signature on the check. 1. The Honorable Court of Appeals erred when it ruled that there is no showing that First, both the CA[17] and the RTC[18] found that Respondent Yabut himself had [BPI], although negligent, acted in bad faith x x x thus denying the prayer for the voluntarily admitted, through an Affidavit, that he had forged the drawers signature award of attorneys fees, moral damages and exemplary damages to [CASA]. The and encashed the checks.[19] He never refuted these findings.[20] That he had been Honorable Court also erred when it did not order [BPI] to pay interest on the coerced into admission was not corroborated by any evidence on record. [21] amounts due to [CASA]. Second, the appellate and the trial courts also ruled that the PNP Crime Under these two constitutional provisions, [t]he Bill of Rights[40] does not Laboratory, after its examination of the said checks,[22] had concluded that the concern itself with the relation between a private individual and another handwritings thereon -- compared to the standard signature of the drawer -- were not individual. It governs the relationship between the individual and the hers.[23] This conclusion was the same as that in the Report[24] that the PNP Crime State.[41] Moreover, the Bill of Rights is a charter of liberties for the individual and a Laboratory had earlier issued to BPI -- the drawee bank -- upon the latters request. limitation upon the power of the [S]tate.[42] These rights[43] are guaranteed to preclude the slightest coercion by the State that may lead the accused to admit something false, Indeed, we respect and affirm the RTCs factual findings, especially when not prevent him from freely and voluntarily telling the truth. [44] affirmed by the CA, since these are supported by substantial evidence on record.[25] Yabut is not an accused here. Besides, his mere invocation of the aforesaid rights does not automatically entitle him to the constitutional protection. [45] When he freely and voluntarily executed[46] his Affidavit, the State was not even involved.Such Voluntary Admission Not Affidavit may therefore be admitted without violating his constitutional rights while Violative of Constitutional Rights under custodial investigation and against self-incrimination. The voluntary admission of Yabut did not violate his constitutional rights (1) on custodial investigation, and (2) against self-incrimination. Clear, Positive and Convincing Examination and Evidence In the first place, he was not under custodial investigation.[26] His Affidavit was executed in private and before private individuals.[27] The mantle of protection under Section 12 of Article III of the 1987 Constitution[28] covers only the period from the The examination by the PNP, though inconclusive, was nevertheless clear, time a person is taken into custody for investigation of his possible participation in positive and convincing. the commission of a crime or from the time he is singled out as a suspect in the commission of a crime although not yet in custody.[29] Forgery cannot be presumed.[47] It must be established by clear, positive and convincing evidence.[48] Under the best evidence rule as applied to documentary Therefore, to fall within the ambit of Section 12, quoted above, there must be an evidence like the checks in question, no secondary or substitutionary evidence may arrest or a deprivation of freedom, with questions propounded on him by the police inceptively be introduced, as the original writing itself must be produced in authorities for the purpose of eliciting admissions, confessions, or any court.[49] But when, without bad faith on the part of the offeror, the original checks information.[30] The said constitutional provision does not apply to spontaneous have already been destroyed or cannot be produced in court, secondary evidence statements made in a voluntary manner[31]whereby an individual orally admits to may be produced.[50] Without bad faith on its part, CASA proved the loss or authorship of a crime.[32] What the Constitution proscribes is the compulsory or destruction of the original checks through the Affidavit of the one person who knew coercive disclosure of incriminating facts.[33] of that fact[51] -- Yabut. He clearly admitted to discarding the paid checks to cover up Moreover, the right against self-incrimination[34] under Section 17 of Article his misdeed.[52] In such a situation, secondary evidence like microfilm copies may be III[35] of the Constitution, which is ordinarily available only in criminal prosecutions, introduced in court. extends to all other government proceedings -- including civil actions, legislative The drawers signatures on the microfilm copies were compared with the investigations,[36] and administrative proceedings that possess a criminal or penal standard signature. PNP Document Examiner II Josefina de la Cruz testified on cross- aspect[37] -- but not to private investigations done by private individuals. Even in such examination that two different persons had written them.[53] Although no conclusive government proceedings, this right may be waived,[38] provided the waiver is certain; report could be issued in the absence of the original checks,[54] she affirmed that her unequivocal; and intelligently, understandingly and willingly made.[39] findings were 90 percent conclusive.[55]According to her, even if the microfilm copies If in these government proceedings waiver is allowed, all the more is it so in were the only basis of comparison, the differences were evident. [56] Besides, the RTC private investigations. It is of no moment that no criminal case has yet been filed explained that although the Report was inconclusive, no conclusive report could have against Yabut. The filing thereof is entirely up to the appropriate authorities or to the been given by the PNP, anyway, in the absence of the original checks. [57] This private individuals upon whom damage has been caused. As we shall also explain explanation is valid; otherwise, no such report can ever be relied upon in court. later, it is not mandatory for CASA -- the plaintiff below -- to implead Yabut in the Even with respect to documentary evidence, the best evidence rule applies only civil case before the lower court. when the contents of a document -- such as the drawers signature on a check -- is the subject of inquiry.[58] As to whether the document has been actually executed, this rule does not apply; and testimonial as well as any other secondary evidence is admissible.[59] Carina Lebron herself, the drawers authorized signatory, testified Under a Forged Signature many times that she had never signed those checks. Her testimonial evidence is admissible; the checks have not been actually executed. The genuineness of her handwriting is proved, not only through the courts comparison of the questioned We have repeatedly emphasized that, since the banking business is impressed handwritings and admittedly genuine specimens thereof,[60] but above all by her. with public interest, of paramount importance thereto is the trust and confidence of the public in general. Consequently, the highest degree of diligence[73] is The failure of CASA to produce the original checks neither gives rise to the expected,[74] and high standards of integrity and performance are even required, of presumption of suppression of evidence[61]nor creates an unfavorable inference it.[75] By the nature of its functions, a bank is under obligation to treat the accounts of against it.[62] Such failure merely authorizes the introduction of secondary its depositors with meticulous care,[76] always having in mind the fiduciary nature of evidence[63]in the form of microfilm copies. Of no consequence is the fact that CASA their relationship.[77] did not present the signature card containing the signatures with which those on the checks were compared.[64] Specimens of standard signatures are not limited to such a BPI contends that it has a signature verification procedure, in which checks are card. Considering that it was not produced in evidence, other documents that bear honored only when the signatures therein are verified to be the same with or similar the drawers authentic signature may be resorted to. [65] Besides, that card was in the to the specimen signatures on the signature cards. Nonetheless, it still failed to detect possession of BPI -- the adverse party. the eight instances of forgery. Its negligence consisted in the omission of that degree of diligence required[78]of a bank. It cannot now feign ignorance, for very early on we We have held that without the original document containing the allegedly have already ruled that a bank is bound to know the signatures of its customers; and forged signature, one cannot make a definitive comparison that would establish if it pays a forged check, it must be considered as making the payment out of its own forgery;[66] and that a comparison based on a mere reproduction of the document funds, and cannot ordinarily charge the amount so paid to the account of the under controversy cannot produce reliable results. [67] We have also said, however, depositor whose name was forged.[79] In fact, BPI was the same bank involved when that a judge cannot merely rely on a handwriting experts testimony,[68] but should we issued this ruling seventy years ago. also exercise independent judgment in evaluating the authenticity of a signature under scrutiny.[69] In the present case, both the RTC and the CA conducted independent examinations of the evidence presented and arrived at reasonable and similar conclusions. Not only did they admit secondary evidence; they also appositely Neither Waiver nor Estoppel considered testimonial and other documentary evidence in the form of the Affidavit. Results from Failure to Report Error in Bank Statement The best evidence rule admits of exceptions and, as we have discussed earlier, the first of these has been met.[70] The result of examining a questioned handwriting, even with the aid of experts and scientific instruments, may be inconclusive; [71] but it The monthly statements issued by BPI to its clients contain a notice worded as is a non sequitur to say that such result is not clear, positive and convincing. The follows: If no error is reported in ten (10) days, account will be correct. [80] Such notice preponderance of evidence required in this case has been satisfied. [72] cannot be considered a waiver, even if CASA failed to report the error. Neither is it estopped from questioning the mistake after the lapse of the ten-day period. This notice is a simple confirmation[81] or circularization -- in accounting Second Issue: parlance -- that requests client-depositors to affirm the accuracy of items recorded by Negligence Attributable to BPI Alone the banks.[82] Its purpose is to obtain from the depositors a direct corroboration of the correctness of their account balances with their respective banks.[83] Internal or external auditors of a bank use it as a basic audit procedure[84] -- the results of which Having established the forgery of the drawers signature, BPI -- the drawee -- erred in its client-depositors are neither interested in nor privy to -- to test the details of making payments by virtue thereof.The forged signatures are wholly inoperative, and transactions and balances in the banks records.[85] Evidential matter obtained from CASA -- the drawer whose authorized signatures do not appear on the negotiable independent sources outside a bank only serves to provide greater assurance of instruments -- cannot be held liable thereon. Neither is the latter precluded from reliability[86] than that obtained solely within it for purposes of an audit of its own setting up forgery as a real defense. financial statements, not those of its client-depositors. Furthermore, there is always the audit risk that errors would not be detected[87] for various reasons. One, materiality is a consideration in audit Clear Negligence planning;[88] and two, the information obtained from such a substantive test is merely in Allowing Payment presumptive and cannot be the basis of a valid waiver.[89] BPI has no right to impose a Proximate cause is determined by the facts of the case.[106] It is that cause which, condition unilaterally and thereafter consider failure to meet such condition a in natural and continuous sequence, unbroken by any efficient intervening cause, waiver. Neither may CASA renounce a right[90] it has never possessed.[91] produces the injury, and without which the result would not have occurred.[107] Every right has subjects -- active and passive. While the active subject is entitled Pursuant to its prime duty to ascertain well the genuineness of the signatures of to demand its enforcement, the passive one is duty-bound to suffer such its client-depositors on checks being encashed, BPI is expected to use reasonable enforcement.[92] business prudence.[108] In the performance of that obligation, it is bound by its internal banking rules and regulations that form part of the contract it enters into with its On the one hand, BPI could not have been an active subject, because it could not depositors.[109] have demanded from CASA a response to its notice. Besides, the notice was a measly request worded as follows: Please examine x x x and report x x x.[93] CASA, on the Unfortunately, it failed in that regard. First, Yabut was able to open a bank other hand, could not have been a passive subject, either, because it had no obligation account in one of its branches without privity;[110] that is, without the proper to respond. It could -- as it did -- choose not to respond. verification of his corresponding identification papers. Second, BPI was unable to discover early on not only this irregularity, but also the marked differences in the Estoppel precludes individuals from denying or asserting, by their own deed or signatures on the checks and those on the signature card. Third, despite the representation, anything contrary to that established as the truth, in legal examination procedures it conducted, the Central Verification Unit[111] of the bank contemplation.[94] Our rules on evidence even make a juris et de even passed off these evidently different signatures as genuine. Without exercising jure presumption[95] that whenever one has, by ones own act or omission, the required prudence on its part, BPI accepted and encashed the eight checks intentionally and deliberately led another to believe a particular thing to be true and presented to it. As a result, it proximately contributed to the fraud and should be held to act upon that belief, one cannot -- in any litigation arising from such act or primarily liable[112] for the negligence of its officers or agents when acting within the omission -- be permitted to falsify that supposed truth.[96] course and scope of their employment.[113] It must bear the loss. In the instant case, CASA never made any deed or representation that misled BPI. The formers omission, if any, may only be deemed an innocent mistake oblivious to the procedures and consequences of periodic audits. Since its conduct was due to CASA Not Negligent such ignorance founded upon an innocent mistake, estoppel will not arise. [97] A in Its Financial Affairs person who has no knowledge of or consent to a transaction may not be estopped by it.[98] Estoppel cannot be sustained by mere argument or doubtful inference x x x.[99] CASA is not barred from questioning BPIs error even after the lapse of the In this jurisdiction, the negligence of the party invoking forgery is recognized as period given in the notice. an exception[114] to the general rule that a forged signature is wholly inoperative.[115] Contrary to BPIs claim, however, we do not find CASA negligent in handling its financial affairs. CASA, we stress, is not precluded from setting up Loss Borne by forgery as a real defense. Proximate Source of Negligence Role of Independent Auditor For allowing payment[100] on the checks to a wrongful and fictitious payee, BPI -- the drawee bank -- becomes liable to its depositor-drawer. Since the encashing bank is The major purpose of an independent audit is to investigate and determine one of its branches,[101] BPI can easily go after it and hold it liable for objectively if the financial statements submitted for audit by a corporation have been reimbursement.[102] It may not debit the drawers account[103] and is not entitled to prepared in accordance with the appropriate financial reporting practices[116]of indemnification from the drawer.[104] In both law and equity, when one of two private entities. The relationship that arises therefrom is both legal and moral.[117] It innocent persons must suffer by the wrongful act of a third person, the loss must be begins with the execution of the engagement letter[118] that embodies the terms and borne by the one whose negligence was the proximate cause of the loss or who put it conditions of the audit and ends with the fulfilled expectation of the auditors into the power of the third person to perpetrate the wrong.[105] ethical[119] and competent performance in all aspects of the audit.[120] The financial statements are representations of the client; but it is the auditor who has the responsibility for the accuracy in the recording of data that underlies their preparation, their form of presentation, and the opinion [121] expressed frequent. CASA could only be blamed, if at all, for its unintelligent choice in the therein.[122]The auditor does not assume the role of employee or of management in the selection and appointment of an auditor -- a fault that is not tantamount to clients conduct of operations[123] and is never under the control or supervision[124] of negligence. the client. Negligence is not presumed, but proven by whoever alleges it.[136] Its mere Yabut was an independent auditor[125] hired by CASA. He handled its monthly existence is not sufficient without proof that it, and no other cause,[137] has given rise bank reconciliations and had access to all relevant documents and checkbooks.[126] In to damages.[138] In addition, this fault is common to, if not prevalent among, small him was reposed the clients[127] trust and confidence[128] that he would perform and medium-sized business entities, thus leading the Professional Regulation precisely those functions and apply the appropriate procedures in accordance with Commission (PRC), through the Board of Accountancy (BOA), to require today not generally accepted auditing standards.[129] Yet he did not meet these only accreditation for the practice of public accountancy,[139] but also the registration expectations. Nothing could be more horrible to a client than to discover later on that of firms in the practice thereof. In fact, among the attachments now required upon the person tasked to detect fraud was the same one who perpetrated it. registration are the code of good governance[140] and a sworn statement on adequate and effective training.[141] The missing checks were certainly reported by the bookkeeper [142] to the Cash Balances accountant[143] -- her immediate supervisor -- and by the latter to the Open to Manipulation auditor. However, both the accountant and the auditor, for reasons known only to them, assured the bookkeeper that there were no irregularities. It is a non sequitur to say that the person who receives the monthly bank The bookkeeper[144] who had exclusive custody of the checkbooks[145] did not statements, together with the cancelled checks and other debit/credit memoranda, have to go directly to CASAs president or to BPI. Although she rightfully reported shall examine the contents and give notice of any discrepancies within a reasonable the matter, neither an investigation was conducted nor a resolution of it was arrived time. Awareness is not equipollent with discernment. at, precisely because the person at the top of the helm was the culprit. The vouchers, invoices and check stubs in support of all check disbursements could be concealed or Besides, in the internal accounting control system prudently installed by fabricated -- even in collusion -- and management would still have no way to verify CASA,[130] it was Yabut who should examine those documents in order to prepare the its cash accountabilities. bank reconciliations.[131] He owned his working papers,[132] and his output consisted of his opinion as well as the clients financial statements and accompanying notes Clearly then, Yabut was able to perpetrate the wrongful act through no fault of thereto. CASA had every right to rely solely upon his output -- based on the terms of CASA. If auditors may be held liable for breach of contract and negligence, [146] with the audit engagement -- and could thus be unwittingly duped into believing that all the more reason may they be charged with the perpetration of fraud upon an everything was in order. Besides, [g]ood faith is always presumed and it is the unsuspecting client. CASA had the discretion to pursue BPI alone under the NIL, by burden of the party claiming otherwise to adduce clear and convincing evidence to reason of expediency or munificence or both. Money paid under a mistake may the contrary.[133] rightfully be recovered,[147] and under such terms as the injured party may choose. Moreover, there was a time gap between the period covered by the bank statement and the date of its actual receipt.Lebron personally received the December 1990 bank statement only in January 1991[134] -- when she was also informed of the Third Issue: forgery for the first time, after which she immediately requested a stop payment Award of Monetary Claims order. She cannot be faulted for the late detection of the forged December check. After all, the bank account with BPI was not personal but corporate, and she could not be expected to monitor closely all its finances. A preschool teacher charged with Moral Damages Denied molding the minds of the youth cannot be burdened with the intricacies or complexities of corporate existence. We deny CASAs claim for moral damages. There is also a cutoff period such that checks issued during a given month, but not presented for payment within that period, will not be reflected therein. [135] An In the absence of a wrongful act or omission,[148] or of fraud or bad experienced auditor with intent to defraud can easily conceal any devious scheme faith,[149] moral damages cannot be awarded.[150] The adverse result of an action does from a client unwary of the accounting processes involved by manipulating the cash not per se make the action wrongful, or the party liable for it. One may err, but error balances on record -- especially when bank transactions are numerous, large and alone is not a ground for granting such damages.[151] While no proof of pecuniary loss denied the claim of CASA under the NIL to recredit the latters account for the value is necessary therefor -- with the amount to be awarded left to the courts of the forged checks. This denial constrained CASA to incur expenses and exert effort discretion[152] -- the claimant must nonetheless satisfactorily prove the existence of its for more than ten years in order to protect its corporate interest in its bank factual basis[153] and causal relation[154] to the claimants act or omission.[155] account. Besides, we have already cautioned BPI on a similar act of negligence it had committed seventy years ago, but it has remained unrelenting. Therefore, the Court Regrettably, in this case CASA was unable to identify the particular instance -- deems it just and equitable to grant ten percent (10%)[174] of the total value adjudged enumerated in the Civil Code -- upon which its claim for moral damages is to CASA as attorneys fees. predicated.[156] Neither bad faith nor negligence so gross that it amounts to malice[157]can be imputed to BPI. Bad faith, under the law, does not simply connote bad judgment or negligence;[158] it imports a dishonest purpose or some moral obliquity and conscious doing of a wrong, a breach of a known duty through some Interest Allowed motive or interest or ill will that partakes of the nature of fraud. [159] As a general rule, a corporation -- being an artificial person without feelings, For the failure of BPI to pay CASA upon demand and for compelling the latter emotions and senses, and having existence only in legal contemplation -- is not to resort to the courts to obtain payment, legal interest may be adjudicated at the entitled to moral damages,[160] because it cannot experience physical suffering and discretion of the Court, the same to run from the filing[175] of the Complaint.[176] Since mental anguish.[161] However, for breach of the fiduciary duty required of a bank, a a court judgment is not a loan or a forbearance of recovery, the legal interest shall be corporate client may claim such damages when its good reputation is besmirched by at six percent (6%) per annum.[177] If the obligation consists in the payment of a sum of such breach, and social humiliation results therefrom.[162] CASA was unable to prove money, and the debtor incurs in delay, the indemnity for damages, there being no that BPI had debased the good reputation of,[163] and consequently caused stipulation to the contrary, shall be the payment of x x x legal interest, which is six incalculable embarrassment to, the former. CASAs mere allegation or supposition percent per annum.[178] The actual base for its computation shall be on the amount thereof, without any sufficient evidence on record,[164] is not enough. finally adjudged,[179] compounded[180] annually to make up for the cost of money[181] already lost to CASA. Moreover, the failure of the CA to award interest does not prevent us from Exemplary Damages Also Denied granting it upon damages awarded for breach of contract.[182] Because BPI evidently breached its contract of deposit with CASA, we award interest in addition to the total amount adjudged. Under Section 196 of the NIL, any case not provided for shall be We also deny CASAs claim for exemplary damages. governed by the provisions of existing legislation or, in default thereof, by the rules of Imposed by way of correction[165] for the public good,[166] exemplary damages the law merchant.[183] Damages are not provided for in the NIL. Thus, we resort to the cannot be recovered as a matter of right.[167] As we have said earlier, there is no bad Code of Commerce and the Civil Code. Under Article 2 of the Code of Commerce, faith on the part of BPI for paying the checks of CASA upon forged acts of commerce shall be governed by its provisions and, in their absence, by the signatures.Therefore, the former cannot be said to have acted in a wanton, fraudulent, usages of commerce generally observed in each place; and in the absence of both reckless, oppressive or malevolent manner.[168]The latter, having no right to moral rules, by those of the civil law.[184] This law being silent, we look at Article 18 of the damages, cannot demand exemplary damages.[169] Civil Code, which states: In matters which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by its provisions. A perusal of these three statutes unmistakably shows that the award of interest under our civil law is justified. Attorneys Fees Granted WHEREFORE, the Petition in GR No. 149454 is hereby DENIED, and that in GR No. 149507 PARTLY GRANTED. The assailed Decision of the Court of Appeals Although it is a sound policy not to set a premium on the right to litigate,[170] we is AFFIRMED with modification: BPI is held liable for P547,115, the total value of the find that CASA is entitled to reasonable attorneys fees based on factual, legal, and forged checks less the amount already recovered by CASA from Leonardo T. Yabut, equitable justification.[171] plus interest at the legal rate of six percent (6%) per annum -- compounded annually, from the filing of the complaint until paid in full; and attorneys fees of ten percent When the act or omission of the defendant has compelled the plaintiff to incur (10%) thereof, subject to reimbursement from Respondent Yabut for the entire expenses to protect the latters interest,[172] or where the court deems it just and amount, excepting attorneys fees.Let a copy of this Decision be furnished the Board of equitable,[173] attorneys fees may be recovered. In the present case, BPI persistently Accountancy of the Professional Regulation Commission for such action as it may deem appropriate against Respondent Yabut. No costs. G.R. No. 171845 October 10, 2012 to prevent the delivery of the deposit to either Grace or the spouses Cortez until its actual ownership has been resolved in court. SPOUSES GODFREY and GERARDINA SERFINO, Petitioners, vs. On April 25, 1996, the spouses Serfino instituted Civil Case No. 95- 9344 against the FAR EAST BANK AND TRUST COMPANY, INC., now BANK OF THE spouses Cortez, Grace and her husband, Dante Cortez, and FEBTC for the recovery of PHILIPPINE ISLANDS, Respondent. money on deposit and the payment of damages, with a prayer for preliminary attachment. On April 26, 1996, Grace withdrew ₱ 150,000.00 from her savings account with BRION, J.: FEBTC. On the same day, the spouses Serfino sent another letter to FEBTC informing it of the pending action; attached to the letter was a copy of the complaint filed as Civil Case No. 95-9344. Before the Court is a petition for review on certiorari, 1 filed under Rule 45 of the Rules of Court, assailing the decision2 dated February 23, 2006 of the Regional Trial Court (RTC) of Bacolod City, Branch 41, in Civil Case No. 95-9344. During the pendency of Civil Case No. 95-9344, the spouses Cortez manifested that they were turning over the balance of the deposit in FEBTC (amounting to ₱ 54,534.00) to the spouses Serfino as partial payment of their obligation under the FACTUAL ANTECEDENTS compromise judgment. The RTC issued an order dated July 30, 1997, authorizing FEBTC to turn over the balance of the deposit to the spouses Serfino. The present case traces its roots to the compromise judgment dated October 24, 19953 of the RTC of Bacolod City, Branch 47, in Civil Case No. 95-9880. Civil Case No. 95-9880 was an action for collection of sum of money instituted by the petitioner On February 23, 2006, the RTC issued the assailed decision (a) finding the spouses spouses Godfrey and Gerardina Serfino (collectively, spouses Serfino) against the Cortez, Grace and Dante liable for fraudulently diverting the amount due the spouses spouses Domingo and Magdalena Cortez (collectively, spouses Cortez). By way of Serfino, but (b) absolving FEBTC from any liability for allowing Grace to withdraw settlement, the spouses Serfino and the spouses Cortez executed a compromise the deposit. The RTC declared that FEBTC was not a party to the compromise agreement on October 20, 1995, in which the spouses Cortez acknowledged their judgment; FEBTC was thus not chargeable with notice of the parties’ agreement, as indebtedness to the spouses Serfino in the amount of ₱ 108,245.71. To satisfy the debt, there was no valid court order or processes requiring it to withhold payment of the Magdalena bound herself "to pay in full the judgment debt out of her retirement deposit. Given the nature of bank deposits, FEBTC was primarily bound by its benefits[.]"4 Payment of the debt shall be made one (1) week after Magdalena has contract of loan with Grace. There was, therefore, no legal justification for the bank to received her retirement benefits from the Government Service Insurance System refuse payment of the account, notwithstanding the claim of the spouses Serfino as stated in their three letters. (GSIS). In case of default, the debt may be executed against any of the properties of the spouses Cortez that is subject to execution, upon motion of the spouses Serfino.5 After finding that the compromise agreement was not contrary to law, THE PARTIES’ ARGUMENTS morals, good custom, public order or public policy, the RTC approved the entirety of the parties’ agreement and issued a compromise judgment based thereon.6 The debt The spouses Serfino appealed the RTC’s ruling absolving FEBTC from liability for was later reduced to ₱ 155,000.00 from ₱ 197,000.00 (including interest), with the allowing the withdrawal of the deposit. They allege that the RTC cited no legal basis promise that the spouses Cortez would pay in full the judgment debt not later than for declaring that only a court order or process can justify the withholding of the April 23, 1996.7 deposit in Grace’s name. Since FEBTC was informed of their adverse claim after they sent three letters, they claim that: No payment was made as promised. Instead, Godfrey discovered that Magdalena deposited her retirement benefits in the savings account of her daughter-in-law, Upon receipt of a notice of adverse claim in proper form, it becomes the duty of the Grace Cortez, with the respondent, Far East Bank and Trust Company, Inc. (FEBTC). bank to: 1. Withhold payment of the deposit until there is a reasonable opportunity to As of April 23, 1996, Grace’s savings account with FEBTC amounted to ₱ 245,830.37, institute legal proceedings to contest ownership; and 2) give prompt notice of the the entire deposit coming from Magdalena’s retirement benefits. 8 That same day, the adverse claim to the depositor. The bank may be held liable to the adverse claimant if spouses Serfino’s counsel sent two letters to FEBTC informing the bank that the it disregards the notice of adverse claim and pays the depositor. deposit in Grace’s name was owned by the spouses Serfino by virtue of an assignment made in their favor by the spouses Cortez. The letter requested FEBTC When the bank has reasonable notice of a bona fide claim that money deposited Claim for actual damages not with it is the property of another than the depositor, it should withhold payment meritorious because there could be until there is reasonable opportunity to institute legal proceedings to contest the no pecuniary loss that should be ownership.9 (emphases and underscoring supplied) compensated if there was no assignment of credit Aside from the three letters, FEBTC should be deemed bound by the compromise judgment, since Article 1625 of the Civil Code states that an assignment of credit The spouses Serfino’s claim for damages against FEBTC is premised on their claim of binds third persons if it appears in a public instrument.10 They conclude that FEBTC, ownership of the deposit with FEBTC. The deposit consists of Magdalena’s retirement having been notified of their adverse claim, should not have allowed Grace to benefits, which the spouses Serfino claim to have been assigned to them under the withdraw the deposit. compromise judgment. That the retirement benefits were deposited in Grace’s savings account with FEBTC supposedly did not divest them of ownership of the While they acknowledged that bank deposits are governed by the Civil Code amount, as "the money already belongs to the [spouses Serfino] having been provisions on loan, the spouses Serfino allege that the provisions on voluntary absolutely assigned to them and constructively delivered by virtue of the x x x public instrument[.]"11 By virtue of the assignment of credit, the spouses Serfino claim deposits should apply by analogy in this case, particularly Article 1988 of the Civil Code, which states: ownership of the deposit, and they posit that FEBTC was duty bound to protect their right by preventing the withdrawal of the deposit since the bank had been notified of the assignment and of their claim. Article 1988. The thing deposited must be returned to the depositor upon demand, even though a specified period or time for such return may have been fixed. We find no basis to support the spouses Serfino’s claim of ownership of the deposit. This provision shall not apply when the thing is judicially attached while in the depositary’s possession, or should he have been notified of the opposition of a third "An assignment of credit is an agreement by virtue of which the owner of a credit, person to the return or the removal of the thing deposited. In these cases, the known as the assignor, by a legal cause, such as sale, dation in payment, exchange or depositary must immediately inform the depositor of the attachment or opposition. donation, and without the consent of the debtor, transfers his credit and accessory rights to another, known as the assignee, who acquires the power to enforce it to the Based on Article 1988 of the Civil Code, the depository is not obliged to return the same extent as the assignor could enforce it against the debtor. It may be in the form thing to the depositor if notified of a third party’s adverse claim. of sale, but at times it may constitute a dation in payment, such as when a debtor, in order to obtain a release from his debt, assigns to his creditor a credit he has against By allowing Grace to withdraw the deposit that is due them under the compromise a third person."12 As a dation in payment, the assignment of credit operates as a judgment, the spouses Serfino claim that FEBTC committed an actionable wrong mode of extinguishing the obligation;13 the delivery and transmission of ownership that entitles them to the payment of actual and moral damages. of a thing (in this case, the credit due from a third person) by the debtor to the creditor is accepted as the equivalent of the performance of the obligation. 14 FEBTC, on the other hand, insists on the correctness of the RTC ruling. It claims that it is not bound by the compromise judgment, but only by its contract of loan with its The terms of the compromise judgment, however, did not convey an intent to equate depositor. As a loan, the bank deposit is owned by the bank; hence, the spouses the assignment of Magdalena’s retirement benefits (the credit) as the equivalent of the Serfino’s claim of ownership over it is erroneous. payment of the debt due the spouses Serfino (the obligation). There was actually no assignment of credit; if at all, the compromise judgment merely identified the fund Based on these arguments, the case essentially involves a determination of the from which payment for the judgment debt would be sourced: obligation of banks to a third party who claims rights over a bank deposit standing in the name of another. (c) That before the plaintiffs file a motion for execution of the decision or order based [on this] Compromise Agreement, the defendant, Magdalena Cortez undertake[s] THE COURT’S RULING and bind[s] herself to pay in full the judgment debt out of her retirement benefits as Local [T]reasury Operation Officer in the City of Bacolod, Philippines, upon which full payment, the plaintiffs waive, abandon and relinquish absolutely We find the petition unmeritorious and see no reason to reverse the RTC’s ruling. any of their claims for attorney’s fees stipulated in the Promissory Note (Annex "A" to the Complaint).15 [emphasis ours] Only when Magdalena has received and turned over to the spouses Serfino the on the part of the bank to protect portion of her retirement benefits corresponding to the debt due would the debt be interest of third person claiming deemed paid. deposit in the name of another In Aquitey v. Tibong,16 the issue raised was whether the obligation to pay the loan was Under Article 2219 of the Civil Code, moral damages are recoverable for acts referred extinguished by the execution of the deeds of assignment. The Court ruled in the to in Article 21 of the Civil Code.21 Article 21 of the Civil Code, in conjunction with affirmative, given that, in the deeds involved, the respondent (the debtor) assigned to Article 19 of the Civil Code, is part of the cause of action known in this jurisdiction as the petitioner (the creditor) her credits "to make good" the balance of her obligation; "abuse of rights." The elements of abuse of rights are: (a) there is a legal right or duty; the parties agreed to relieve the respondent of her obligation to pay the balance of her (b) exercised in bad faith; and (c) for the sole intent of prejudicing or injuring account, and for the petitioner to collect the same from the respondent’s another.1âwphi1 debtors.17 The Court concluded that the respondent’s obligation to pay the balance of her accounts with the petitioner was extinguished, pro tanto, by the deeds of The spouses Serfino invoke American common law that imposes a duty upon a bank assignment of credit executed by the respondent in favor of the petitioner. 18 receiving a notice of adverse claim to the fund in a depositor’s account to freeze the account for a reasonable length of time, sufficient to allow the adverse claimant to In the present case, the judgment debt was not extinguished by the mere institute legal proceedings to enforce his right to the fund.22 In other words, the designation in the compromise judgment of Magdalena’s retirement benefits as the bank has a duty not to release the deposits unreasonably early after a third party fund from which payment shall be sourced. That the compromise agreement makes known his adverse claim to the bank deposit. Acknowledging that no such authorizes recourse in case of default on other executable properties of the spouses duty is imposed by law in this jurisdiction, the spouses Serfino ask the Court to adopt Cortez, to satisfy the judgment debt, further supports our conclusion that there was this foreign rule.23 no assignment of Magdalena’s credit with the GSIS that would have extinguished the obligation. To adopt the foreign rule, however, goes beyond the power of this Court to promulgate rules governing pleading, practice and procedure in all courts. 24 The rule The compromise judgment in this case also did not give the supposed assignees, the reflects a matter of policy that is better addressed by the other branches of spouses Serfino, the power to enforce Magdalena’s credit against the GSIS. In fact, the government, particularly, the Bangko Sentral ng Pilipinas, which is the agency that spouses Serfino are prohibited from enforcing their claim until after the lapse of one supervises the operations and activities of banks, and which has the power to issue (1) week from Magdalena’s receipt of her retirement benefits: "rules of conduct or the establishment of standards of operation for uniform application to all institutions or functions covered[.]"25 To adopt this rule will have significant implications on the banking industry and practices, as the American (d) That the plaintiffs shall refrain from having the judgment based upon this experience has shown. Recognizing that the rule imposing duty on banks to freeze Compromise Agreement executed until after one (1) week from receipt by the the deposit upon notice of adverse claim adopts a policy adverse to the bank and its defendant, Magdalena Cortez of her retirement benefits from the [GSIS] but fails to functions, and opens it to liability to both the depositor and the adverse pay within the said period the defendants’ judgment debt in this case, in which case claimant,26 many American states have since adopted adverse claim statutes that [this] Compromise Agreement [may be] executed upon any property of the shifted or, at least, equalized the burden. Essentially, these statutes do not impose a defendants that are subject to execution upon motion by the plaintiffs. 19 duty on banks to freeze the deposit upon a mere notice of adverse claim; they first require either a court order or an indemnity bond.27 An assignment of credit not only entitles the assignee to the credit itself, but also gives him the power to enforce it as against the debtor of the assignor. In the absence of a law or a rule binding on the Court, it has no option but to uphold the existing policy that recognizes the fiduciary nature of banking. It likewise rejects Since no valid assignment of credit took place, the spouses Serfino cannot validly the adoption of a judicially-imposed rule giving third parties with unverified claims claim ownership of the retirement benefits that were deposited with FEBTC. Without against the deposit of another a better right over the deposit. As current laws provide, ownership rights over the amount, they suffered no pecuniary loss that has to be the bank’s contractual relations are with its depositor, not with the third party; 28 "a compensated by actual damages. The grant of actual damages presupposes that the bank is under obligation to treat the accounts of its depositors with meticulous care claimant suffered a duly proven pecuniary loss.20 and always to have in mind the fiduciary nature of its relationship with them." 29 In the absence of any positive duty of the bank to an adverse claimant, there could be no Claim for moral damages not breach that entitles the latter to moral damages. meritorious because no duty exists WHEREFORE, in view of the foregoing, the petition for review on certiorari is DENIED, and the decision dated February 23, 2006 of the Regional Trial Court of Bacolod City, Branch 41, in Civil Case No. 95-9344 is AFFIRMED. Costs against the petitioners. [G.R. No. 121413. January 29, 2001] In G.R. No. 128604, petitioner Ford Philippines assails the October 15, 1996 Decision[3] of the Court of Appeals and its March 5, 1997 Resolution [4] in CA-G.R. No. 28430 entitled Ford Philippines, Inc. vs. Citibank, N.A. and Philippine Commercial International Bank, affirming in toto the judgment of the trial court holding the PHILIPPINE COMMERCIAL INTERNATIONAL BANK (formerly INSULAR defendant drawee bank, Citibank, N.A., solely liable to pay the amount of BANK OF ASIA AND AMERICA), petitioner, vs. COURT OF APPEALS P12,163,298.10 as damages for the misapplied proceeds of the plaintiffs Citibank and FORD PHILIPPINES, INC. and CITIBANK, N.A., respondents. Check Numbers SN-10597 and 16508. I. G.R. Nos. 121413 and 121479 [G.R. No. 121479. January 29, 2001] The stipulated facts submitted by the parties as accepted by the Court of Appeals are as follows: FORD PHILIPPINES, INC., petitioner-plaintiff, vs. COURT OF APPEALS and CITIBANK, N.A. and PHILIPPINE COMMERCIAL INTERNATIONAL On October 19, 1977, the plaintiff Ford drew and issued its Citibank Check No. SN- BANK, respondents. 04867 in the amount of P4,746,114.41, in favor of the Commissioner of Internal Revenue as payment of plaintiffs percentage or manufacturers sales taxes for the third quarter of 1977. [G.R. No. 128604. January 29, 2001] The aforesaid check was deposited with the defendant IBAA (now PCIBank) and was subsequently cleared at the Central Bank. Upon presentment with the defendant Citibank, the proceeds of the check was paid to IBAA as collecting or depository FORD PHILIPPINES, INC., petitioner, vs. CITIBANK, N.A., PHILIPPINE COMMERCIAL INTERNATIONAL BANK and THE COURT OF The proceeds of the same Citibank check of the plaintiff was never paid to or received APPEALS, respondents. by the payee thereof, the Commissioner of Internal Revenue. As a consequence, upon demand of the Bureau and/or Commissioner of Internal QUISUMBING, J.: Revenue, the plaintiff was compelled to make a second payment to the Bureau of Internal Revenue of its percentage/manufacturers sales taxes for the third quarter of 1977 and that said second payment of plaintiff in the amount of P4,746,114.41 was These consolidated petitions involve several fraudulently negotiated checks. duly received by the Bureau of Internal Revenue. The original actions a quo were instituted by Ford Philippines to recover from the drawee bank, CITIBANK, N.A. (Citibank) and collecting bank, Philippine It is further admitted by defendant Citibank that during the time of the transactions Commercial International Bank (PCIBank) [formerly Insular Bank of Asia and in question, plaintiff had been maintaining a checking account with defendant America], the value of several checks payable to the Commissioner of Internal Citibank; that Citibank Check No. SN-04867 which was drawn and issued by the Revenue, which were embezzled allegedly by an organized syndicate. plaintiff in favor of the Commissioner of Internal Revenue was a crossed check in that, on its face were two parallel lines and written in between said lines was the G.R. Nos. 121413 and 121479 are twin petitions for review of the March 27, 1995 phrase Payees Account Only; and that defendant Citibank paid the full face value of Decision[1] of the Court of Appeals in CA-G.R. CV No. 25017, entitled Ford the check in the amount of P4,746,114.41 to the defendant IBAA. Philippines, Inc. vs. Citibank, N.A. and Insular Bank of Asia and America (now Philippine Commercial International Bank), and the August 8, 1995 Resolution,[2] ordering the collecting bank, Philippine Commercial International Bank, It has been duly established that for the payment of plaintiffs percentage tax for the to pay the amount of Citibank Check No. SN-04867. last quarter of 1977, the Bureau of Internal Revenue issued Revenue Tax Receipt No. 18747002, dated October 20, 1977, designating therein in Muntinlupa, Metro Manila, as the authorized agent bank of Metrobank, Alabang Branch to receive the tax It is admitted that on December 19, 1977 when the proceeds of plaintiffs Citibank payment of the plaintiff. Check No. SN-04867 was paid to defendant IBAA as collecting bank, plaintiff was maintaining a checking account with defendant Citibank.[5] On December 19, 1977, plaintiffs Citibank Check No. SN-04867, together with the Revenue Tax Receipt No. 18747002, was deposited with defendant IBAA, through its Although it was not among the stipulated facts, an investigation by the National Ermita Branch. The latter accepted the check and sent it to the Central Clearing House Bureau of Investigation (NBI) revealed that Citibank Check No. SN-04867 was for clearing on the same day, with the indorsement at the back all prior indorsements recalled by Godofredo Rivera, the General Ledger Accountant of Ford. He and/or lack of indorsements guaranteed. Thereafter, defendant IBAA presented the purportedly needed to hold back the check because there was an error in the check for payment to defendant Citibank on same date, December 19, 1977, and the computation of the tax due to the Bureau of Internal Revenue (BIR). With Riveras latter paid the face value of the check in the amount of P4,746,114.41. Consequently, instruction, PCIBank replaced the check with two of its own Managers Checks the amount of P4,746,114.41 was debited in plaintiffs account with the defendant (MCs). Alleged members of a syndicate later deposited the two MCs with the Pacific Citibank and the check was returned to the plaintiff. Banking Corporation. Upon verification, plaintiff discovered that its Citibank Check No. SN-04867 in the Ford, with leave of court, filed a third-party complaint before the trial court amount of P4,746,114.41 was not paid to the Commissioner of Internal impleading Pacific Banking Corporation (PBC) and Godofredo Rivera, as third party Revenue. Hence, in separate letters dated October 26, 1979, addressed to the defendants. But the court dismissed the complaint against PBC for lack of cause of defendants, the plaintiff notified the latter that in case it will be re-assessed by the BIR action. The court likewise dismissed the third-party complaint against Godofredo for the payment of the taxes covered by the said checks, then plaintiff shall hold the Rivera because he could not be served with summons as the NBI declared him as a defendants liable for reimbursement of the face value of the same. Both defendants fugitive from justice. denied liability and refused to pay. On June 15, 1989, the trial court rendered its decision, as follows: In a letter dated February 28, 1980 by the Acting Commissioner of Internal Revenue addressed to the plaintiff - supposed to be Exhibit D, the latter was officially Premises considered, judgment is hereby rendered as follows: informed, among others, that its check in the amount of P4,746,114.41 was not paid to the government or its authorized agent and instead encashed by unauthorized 1. Ordering the defendants Citibank and IBAA (now PCI Bank), jointly and persons, hence, plaintiff has to pay the said amount within fifteen days from receipt severally, to pay the plaintiff the amount of P4,746,114.41 representing of the letter. Upon advice of the plaintiffs lawyers, plaintiff on March 11, 1982, paid to the face value of plaintiffs Citibank Check No. SN-04867, with interest the Bureau of Internal Revenue, the amount of P4,746,114.41, representing payment of thereon at the legal rate starting January 20, 1983, the date when the plaintiffs percentage tax for the third quarter of 1977. original complaint was filed until the amount is fully paid, plus costs; As a consequence of defendants refusal to reimburse plaintiff of the payment it had 2. On defendant Citibanks cross-claim: ordering the cross-defendant IBAA made for the second time to the BIR of its percentage taxes, plaintiff filed on January (now PCI BANK) to reimburse defendant Citibank for whatever 20, 1983 its original complaint before this Court. amount the latter has paid or may pay to the plaintiff in accordance with the next preceding paragraph; On December 24, 1985, defendant IBAA was merged with the Philippine Commercial 3. The counterclaims asserted by the defendants against the plaintiff, as International Bank (PCI Bank) with the latter as the surviving entity. well as that asserted by the cross-defendant against the cross-claimant are dismissed, for lack of merits; and Defendant Citibank maintains that; the payment it made of plaintiffs Citibank Check No. SN-04867 in the amount of P4,746,114.41 was in due course; it merely relied on 4. With costs against the defendants. the clearing stamp of the depository/collecting bank, the defendant IBAA that all prior indorsements and/or lack of indorsements guaranteed; and the proximate cause SO ORDERED.[6] of plaintiffs injury is the gross negligence of defendant IBAA in indorsing the plaintiffs Citibank check in question. Not satisfied with the said decision, both defendants, Citibank and PCIBank, elevated their respective petitions for review on certiorari to the Court of Appeals. On March 27, 1995, the appellate court issued its judgment as follows: WHEREFORE, in view of the foregoing, the court AFFIRMS the appealed decision In G.R. No. 121479, appellant Ford presents the following propositions for with modifications. consideration: The court hereby renders judgment: I. Respondent Citibank is liable to petitioner Ford considering that: 1. Dismissing the complaint in Civil Case No. 49287 insofar as defendant 1. As drawee bank, respondent Citibank owes to petitioner Ford, as the Citibank N.A. is concerned; drawer of the subject check and a depositor of respondent Citibank, an absolute and contractual duty to pay the proceeds of the subject check 2. Ordering the defendant IBAA now PCI Bank to pay the plaintiff the only to the payee thereof, the Commissioner of Internal Revenue. amount of P4,746,114.41 representing the face value of plaintiffs Citibank Check No. SN-04867, with interest thereon at the legal rate 2. Respondent Citibank failed to observe its duty as banker with respect to starting January 20, 1983. the date when the original complaint was the subject check, which was crossed and payable to Payees Account filed until the amount is fully paid; Only. 3. Dismissing the counterclaims asserted by the defendants against the 3. Respondent Citibank raises an issue for the first time on appeal; thus the plaintiff as well as that asserted by the cross-defendant against the same should not be considered by the Honorable Court. cross-claimant, for lack of merits. 4. As correctly held by the trial court, there is no evidence of gross negligence on the part of petitioner Ford.[9] Costs against the defendant IBAA (now PCI Bank). II. PCIBank is liable to petitioner Ford considering that: IT IS SO ORDERED.[7] 1. There were no instructions from petitioner Ford to deliver the proceeds PCIBank moved to reconsider the above-quoted decision of the Court of of the subject check to a person other than the payee named therein, the Appeals, while Ford filed a Motion for Partial Reconsideration. Both motions were Commissioner of the Bureau of Internal Revenue; thus, PCIBanks only denied for lack of merit. obligation is to deliver the proceeds to the Commissioner of the Bureau Separately, PCIBank and Ford filed before this Court, petitions for review by of Internal Revenue.[10] certiorari under Rule 45. 2. PCIBank which affixed its indorsement on the subject check (All prior In G.R. No. 121413, PCIBank seeks the reversal of the decision and resolution of indorsement and/or lack of indorsement guaranteed), is liable as the Twelfth Division of the Court of Appeals contending that it merely acted on the collecting bank.[11] instruction of Ford and such cause of action had already prescribed. 3. PCIBank is barred from raising issues of fact in the instant PCIBank sets forth the following issues for consideration: proceedings.[12] I. Did the respondent court err when, after finding that the petitioner acted 4. Petitioner Fords cause of action had not prescribed.[13] on the check drawn by respondent Ford on the said respondents instructions, it nevertheless found the petitioner liable to the said respondent for the full amount of the said check. II. G.R. No. 128604 II. Did the respondent court err when it did not find prescription in favor of the petitioner.[8] The same syndicate apparently embezzled the proceeds of checks intended, this In a counter move, Ford filed its petition docketed as G.R. No. 121479, time, to settle Fords percentage taxes appertaining to the second quarter of 1978 and questioning the same decision and resolution of the Court of Appeals, and praying the first quarter of 1979. for the reinstatement in toto of the decision of the trial court which found both The facts as narrated by the Court of Appeals are as follows: PCIBank and Citibank jointly and severally liable for the loss. Ford drew Citibank Check No. SN-10597 on July 19, 1978 in the amount of mastermind who formulated the method for the embezzlement; (2) RODOLFO R. DE P5,851,706.37 representing the percentage tax due for the second quarter of 1978 LEON a customs broker who negotiated the initial contact between Bernabe, FORDs payable to the Commissioner of Internal Revenue. A BIR Revenue Tax Receipt No. Godofredo Rivera and PCIBs Remberto Castro; (3) JUAN CASTILLO who assisted de 28645385 was issued for the said purpose. Leon in the initial arrangements; (4) GODOFREDO RIVERA, FORDs accountant who passed on the first check (Exhibit A) to Castro; (5) REMBERTO CASTRO, PCIBs pro- On April 20, 1979, Ford drew another Citibank Check No. SN-16508 in the manager at San Andres who performed the switching of checks in the clearing amount of P6,311,591.73, representing the payment of percentage tax for the first process and opened the fictitious Reynaldo Reyes account at the PCIB Meralco quarter of 1979 and payable to the Commissioner of Internal Revenue. Again a BIR Branch; (6) WINSTON DULAY, PCIBs Assistant Manager at its Meralco Branch, who Revenue Tax Receipt No. A-1697160 was issued for the said purpose. assisted Castro in switching the checks in the clearing process and facilitated the Both checks were crossed checks and contain two diagonal lines on its upper left opening of the fictitious Reynaldo Reyes bank account; (7) ALEXIS MARINDO, corner between which were written the words payable to the payees account only. Riveras Assistant at FORD, who gave the second check (Exh. B) to Castro; (8) ELEUTERIO JIMENEZ, BIR Collection Agent who provided the fake and spurious The checks never reached the payee, CIR. Thus, in a letter dated February 28, revenue tax receipts to make it appear that the BIR had received FORDs tax 1980, the BIR, Region 4-B, demanded for the said tax payments the corresponding payments. periods above-mentioned. As far as the BIR is concerned, the said two BIR Revenue Tax Receipts were Several other persons and entities were utilized by the syndicate as conduits in the considered fake and spurious. This anomaly was confirmed by the NBI upon the disbursements of the proceeds of the two checks, but like the aforementioned initiative of the BIR. The findings forced Ford to pay the BIR anew, while an action participants in the conspiracy, have not been impleaded in the present case. The was filed against Citibank and PCIBank for the recovery of the amount of Citibank manner by which the said funds were distributed among them are traceable from the Check Numbers SN-10597 and 16508. record of checks drawn against the original Reynaldo Reyes account and indubitably identify the parties who illegally benefited therefrom and readily indicate in what The Regional Trial Court of Makati, Branch 57, which tried the case, made its amounts they did so.[14] findings on the modus operandi of the syndicate, as follows: On December 9, 1988, Regional Trial Court of Makati, Branch 57, held drawee- A certain Mr. Godofredo Rivera was employed by the plaintiff FORD as its General bank, Citibank, liable for the value of the two checks while absolving PCIBank from Ledger Accountant. As such, he prepared the plaintiffs check marked Ex. A [Citibank any liability, disposing as follows: Check No. SN-10597] for payment to the BIR. Instead, however, of delivering the same to the payee, he passed on the check to a co-conspirator named Remberto WHEREFORE, judgment is hereby rendered sentencing defendant CITIBANK to Castro who was a pro-manager of the San Andres Branch of PCIB.*In connivance with reimburse plaintiff FORD the total amount of P12,163,298.10 prayed for in its one Winston Dulay, Castro himself subsequently opened a Checking Account in the complaint, with 6% interest thereon from date of first written demand until full name of a fictitious person denominated as Reynaldo Reyes in the Meralco Branch of payment, plus P300,000.00 attorneys fees and expenses of litigation, and to pay the PCIBank where Dulay works as Assistant Manager. defendant, PCIB (on its counterclaim to crossclaim) the sum of P300,000.00 as attorneys fees and costs of litigation, and pay the costs. After an initial deposit of P100.00 to validate the account, Castro deposited a worthless Bank of America Check in exactly the same amount as the first FORD check SO ORDERED.[15] (Exh. A, P5,851,706.37) while this worthless check was coursed through PCIBs main office enroute to the Central Bank for clearing, replaced this worthless check with Both Ford and Citibank appealed to the Court of Appeals which affirmed, in FORDs Exhibit A and accordingly tampered the accompanying documents to cover toto, the decision of the trial court. Hence, this petition. the replacement. As a result, Exhibit A was cleared by defendant CITIBANK, and the fictitious deposit account of Reynaldo Reyes was credited at the PCIB Meralco Branch Petitioner Ford prays that judgment be rendered setting aside the portion of the with the total amount of the FORD check Exhibit A. The same method was again Court of Appeals decision and its resolution dated March 5, 1997, with respect to the utilized by the syndicate in profiting from Exh. B [Citibank Check No. SN-16508] dismissal of the complaint against PCIBank and holding Citibank solely responsible which was subsequently pilfered by Alexis Marindo, Riveras Assistant at FORD. for the proceeds of Citibank Check Numbers SN-10597 and 16508 for P5,851,706.73 and P6,311,591.73 respectively. From this Reynaldo Reyes account, Castro drew various checks distributing the shares of the other participating conspirators namely (1) CRISANTO BERNABE, the Ford avers that the Court of Appeals erred in dismissing the complaint against if temporarily, escaped liability for the embezzlement of millions of pesos. We are defendant PCIBank considering that: thus left only with the task of determining who of the present parties before us must bear the burden of loss of these millions. It all boils down to the question of liability I. Defendant PCIBank was clearly negligent when it failed to exercise the based on the degree of negligence among the parties concerned. diligence required to be exercised by it as a banking institution. Foremost, we must resolve whether the injured party, Ford, is guilty of the II. Defendant PCIBank clearly failed to observe the diligence required in imputed contributory negligence that would defeat its claim for reimbursement, the selection and supervision of its officers and employees. bearing in mind that its employees, Godofredo Rivera and Alexis Marindo, were III. Defendant PCIBank was, due to its negligence, clearly liable for the loss among the members of the syndicate. or damage resulting to the plaintiff Ford as a consequence of the Citibank points out that Ford allowed its very own employee, Godofredo substitution of the check consistent with Section 5 of Central Bank Rivera, to negotiate the checks to his co-conspirators, instead of delivering them to Circular No. 580 series of 1977. the designated authorized collecting bank (Metrobank-Alabang) of the payee, IV. Assuming arguendo that defendant PCIBank did not accept, endorse or CIR. Citibank bewails the fact that Ford was remiss in the supervision and control of negotiate in due course the subject checks, it is liable, under Article its own employees, inasmuch as it only discovered the syndicates activities through 2154 of the Civil Code, to return the money which it admits having the information given by the payee of the checks after an unreasonable period of time. received, and which was credited to it in its Central Bank account. [16] PCIBank also blames Ford of negligence when it allegedly authorized The main issue presented for our consideration by these petitions could be Godofredo Rivera to divert the proceeds of Citibank Check No. SN-04867, instead of simplified as follows: Has petitioner Ford the right to recover from the collecting using it to pay the BIR. As to the subsequent run-around of funds of Citibank Check bank (PCIBank) and the drawee bank (Citibank) the value of the checks intended as Nos. SN-10597 and 16508, PCIBank claims that the proximate cause of the damage to payment to the Commissioner of Internal Revenue? Or has Fords cause of action Ford lies in its own officers and employees who carried out the fraudulent schemes already prescribed? and the transactions. These circumstances were not checked by other officers of the company, including its comptroller or internal auditor. PCIBank contends that the Note that in these cases, the checks were drawn against the drawee bank, but inaction of Ford despite the enormity of the amount involved was a sheer negligence the title of the person negotiating the same was allegedly defective because the and stated that, as between two innocent persons, one of whom must suffer the instrument was obtained by fraud and unlawful means, and the proceeds of the consequences of a breach of trust, the one who made it possible, by his act of checks were not remitted to the payee. It was established that instead of paying the negligence, must bear the loss. checks to the CIR, for the settlement of the appropriate quarterly percentage taxes of Ford, the checks were diverted and encashed for the eventual distribution among the For its part, Ford denies any negligence in the performance of its duties. It avers members of the syndicate. As to the unlawful negotiation of the check the applicable that there was no evidence presented before the trial court showing lack of diligence law is Section 55 of the Negotiable Instruments Law (NIL), which provides: on the part of Ford. And, citing the case of Gempesaw vs. Court of Appeals,[17] Ford argues that even if there was a finding therein that the drawer was negligent, the drawee bank was still ordered to pay damages. When title defective -- The title of a person who negotiates an instrument is defective within the meaning of this Act when he obtained the instrument, or any signature Furthermore, Ford contends that Godofredo Rivera was not authorized to make thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal any representation in its behalf, specifically, to divert the proceeds of the checks. It consideration, or when he negotiates it in breach of faith or under such circumstances adds that Citibank raised the issue of imputed negligence against Ford for the first as amount to a fraud. time on appeal. Thus, it should not be considered by this Court. On this point, jurisprudence regarding the imputed negligence of employer in a Pursuant to this provision, it is vital to show that the negotiation is made by the master-servant relationship is instructive. Since a master may be held for his servants perpetrator in breach of faith amounting to fraud.The person negotiating the checks wrongful act, the law imputes to the master the act of the servant, and if that act is must have gone beyond the authority given by his principal. If the principal could negligent or wrongful and proximately results in injury to a third person, the prove that there was no negligence in the performance of his duties, he may set up negligence or wrongful conduct is the negligence or wrongful conduct of the master, the personal defense to escape liability and recover from other parties who, through for which he is liable.[18] The general rule is that if the master is injured by the their own negligence, allowed the commission of the crime. negligence of a third person and by the concurring contributory negligence of his In this case, we note that the direct perpetrators of the offense, namely the own servant or agent, the latters negligence is imputed to his superior and will defeat embezzlers belonging to a syndicate, are now fugitives from justice. They have, even the superiors action against the third person, assuming, of course that the contributory negligence was the proximate cause of the injury of which complaint is PCIBank, instead of remitting the proceeds to the CIR, prepared two of its Managers made.[19] checks and enabled the syndicate to encash the same. Accordingly, we need to determine whether or not the action of Godofredo On record, PCIBank failed to verify the authority of Mr. Rivera to negotiate the Rivera, Fords General Ledger Accountant, and/or Alexis Marindo, his assistant, was checks. The neglect of PCIBank employees to verify whether his letter requesting for the proximate cause of the loss or damage. As defined, proximate cause is that which, the replacement of the Citibank Check No. SN-04867 was duly authorized, showed in the natural and continuous sequence, unbroken by any efficient, intervening cause lack of care and prudence required in the circumstances. produces the injury, and without which the result would not have occurred.[20] Furthermore, it was admitted that PCIBank is authorized to collect the payment It appears that although the employees of Ford initiated the transactions of taxpayers in behalf of the BIR. As an agent of BIR, PCIBank is duty bound to attributable to an organized syndicate, in our view, their actions were not the consult its principal regarding the unwarranted instructions given by the payor or its proximate cause of encashing the checks payable to the CIR. The degree of Fords agent. As aptly stated by the trial court, to wit: negligence, if any, could not be characterized as the proximate cause of the injury to the parties. x x x. Since the questioned crossed check was deposited with IBAA [now PCIBank], The Board of Directors of Ford, we note, did not confirm the request of which claimed to be a depository/collecting bank of the BIR, it has the responsibility to make sure that the check in question is deposited in Payees account only. Godofredo Rivera to recall Citibank Check No. SN-04867.Riveras instruction to replace the said check with PCIBanks Managers Check was not in the ordinary course of business which could have prompted PCIBank to validate the same. xxxxxxxxx As to the preparation of Citibank Checks Nos. SN-10597 and 16508, it was As agent of the BIR (the payee of the check), defendant IBAA should receive established that these checks were made payable to the CIR. Both were crossed instructions only from its principal BIR and not from any other person especially so checks. These checks were apparently turned around by Fords employees, who were when that person is not known to the defendant. It is very imprudent on the part of acting on their own personal capacity. the defendant IBAA to just rely on the alleged telephone call of one Godofredo Rivera Given these circumstances, the mere fact that the forgery was committed by a and in his signature to the authenticity of such signature considering that the plaintiff drawer-payors confidential employee or agent, who by virtue of his position had is not a client of the defendant IBAA. unusual facilities for perpetrating the fraud and imposing the forged paper upon the bank, does not entitle the bank to shift the loss to the drawer-payor, in the absence of It is a well-settled rule that the relationship between the payee or holder of some circumstance raising estoppel against the drawer.[21] This rule likewise applies commercial paper and the bank to which it is sent for collection is, in the absence of to the checks fraudulently negotiated or diverted by the confidential employees who an agreement to the contrary, that of principal and agent.[22] A bank which receives hold them in their possession. such paper for collection is the agent of the payee or holder. [23] With respect to the negligence of PCIBank in the payment of the three checks Even considering arguendo, that the diversion of the amount of a check payable involved, separately, the trial courts found variations between the negotiation of to the collecting bank in behalf of the designated payee may be allowed, still such Citibank Check No. SN-04867 and the misapplication of total proceeds of Checks SN- diversion must be properly authorized by the payor. Otherwise stated, the diversion 10597 and 16508.Therefore, we have to scrutinize, separately, PCIBanks share of can be justified only by proof of authority from the drawer, or that the drawer has negligence when the syndicate achieved its ultimate agenda of stealing the proceeds clothed his agent with apparent authority to receive the proceeds of such check. of these checks. Citibank further argues that PCI Banks clearing stamp appearing at the back of the questioned checks stating that ALL PRIOR INDORSEMENTS AND/OR LACK OF INDORSEMENTS GUARANTEED should render PCIBank liable because it made G.R. Nos. 121413 and 121479 it pass through the clearing house and therefore Citibank had no other option but to pay it. Thus, Citibank asserts that the proximate cause of Fords injury is the gross negligence of PCIBank. Since the questioned crossed check was deposited with Citibank Check No. SN-04867 was deposited at PCIBank through its Ermita PCIBank, which claimed to be a depository/collecting bank of the BIR, it had the Branch. It was coursed through the ordinary banking transaction, sent to Central responsibility to make sure that the check in question is deposited in Payees account Clearing with the indorsement at the back all prior indorsements and/or lack of only. indorsements guaranteed, and was presented to Citibank for payment. Thereafter Indeed, the crossing of the check with the phrase Payees Account Only, is a The trial court and the Court of Appeals found that PCIBank had no official act warning that the check should be deposited only in the account of the CIR. Thus, it is in the ordinary course of business that would attribute to it the case of the the duty of the collecting bank PCIBank to ascertain that the check be deposited in embezzlement of Citibank Check Numbers SN-10597 and 16508, because PCIBank payees account only.Therefore, it is the collecting bank (PCIBank) which is bound to did not actually receive nor hold the two Ford checks at all. The trial court held, thus: scrutinize the check and to know its depositors before it could make the clearing indorsement all prior indorsements and/or lack of indorsement guaranteed. Neither is there any proof that defendant PCIBank contributed any official or In Banco de Oro Savings and Mortgage Bank vs. Equitable Banking Corporation,[24] we conscious participation in the process of the embezzlement.This Court is convinced ruled: that the switching operation (involving the checks while in transit for clearing) were the clandestine or hidden actuations performed by the members of the syndicate in their own personal, covert and private capacity and done without the knowledge of Anent petitioners liability on said instruments, this court is in full accord with the the defendant PCIBank.[27] ruling of the PCHCs Board of Directors that: In this case, there was no evidence presented confirming the conscious In presenting the checks for clearing and for payment, the defendant made an express participation of PCIBank in the embezzlement. As a general rule, however, a banking guarantee on the validity of all prior endorsements. Thus, stamped at the back of the corporation is liable for the wrongful or tortuous acts and declarations of its officers checks are the defendants clear warranty: ALL PRIOR ENDORSEMENTS AND/OR or agents within the course and scope of their employment.[28] A bank will be held LACK OF ENDORSEMENTS GUARANTEED. Without such warranty, plaintiff liable for the negligence of its officers or agents when acting within the course and would not have paid on the checks. scope of their employment. It may be liable for the tortuous acts of its officers even as regards that species of tort of which malice is an essential element. In this case, we No amount of legal jargon can reverse the clear meaning of defendants warranty. As find a situation where the PCIBank appears also to be the victim of the scheme the warranty has proven to be false and inaccurate, the defendant is liable for any hatched by a syndicate in which its own management employees had participated. damage arising out of the falsity of its representation.[25] The pro-manager of San Andres Branch of PCIBank, Remberto Castro, received Citibank Check Numbers SN 10597 and 16508. He passed the checks to a co- Lastly, banking business requires that the one who first cashes and negotiates conspirator, an Assistant Manager of PCIBanks Meralco Branch, who helped Castro the check must take some precautions to learn whether or not it is genuine. And if the open a Checking account of a fictitious person named Reynaldo Reyes. Castro one cashing the check through indifference or other circumstance assists the forger in deposited a worthless Bank of America Check in exactly the same amount of Ford committing the fraud, he should not be permitted to retain the proceeds of the check checks. The syndicate tampered with the checks and succeeded in replacing the from the drawee whose sole fault was that it did not discover the forgery or the defect worthless checks and the eventual encashment of Citibank Check Nos. SN 10597 and in the title of the person negotiating the instrument before paying the check. For this 16508. The PCIBank Pro-manager, Castro, and his co-conspirator Assistant Manager reason, a bank which cashes a check drawn upon another bank, without requiring apparently performed their activities using facilities in their official capacity or proof as to the identity of persons presenting it, or making inquiries with regard to authority but for their personal and private gain or benefit. them, cannot hold the proceeds against the drawee when the proceeds of the checks were afterwards diverted to the hands of a third party. In such cases the drawee bank A bank holding out its officers and agents as worthy of confidence will not be has a right to believe that the cashing bank (or the collecting bank) had, by the usual permitted to profit by the frauds these officers or agents were enabled to perpetrate in proper investigation, satisfied itself of the authenticity of the negotiation of the the apparent course of their employment; nor will it be permitted to shirk its checks. Thus, one who encashed a check which had been forged or diverted and in responsibility for such frauds, even though no benefit may accrue to the bank turn received payment thereon from the drawee, is guilty of negligence which therefrom. For the general rule is that a bank is liable for the fraudulent acts or proximately contributed to the success of the fraud practiced on the drawee bank. The representations of an officer or agent acting within the course and apparent scope of latter may recover from the holder the money paid on the check. [26] his employment or authority.[29] And if an officer or employee of a bank, in his official capacity, receives money to satisfy an evidence of indebtedness lodged with his bank Having established that the collecting banks negligence is the proximate cause for collection, the bank is liable for his misappropriation of such sum. [30] of the loss, we conclude that PCIBank is liable in the amount corresponding to the proceeds of Citibank Check No. SN-04867. Moreover, as correctly pointed out by Ford, Section 5[31] of Central Bank Circular No. 580, Series of 1977 provides that any theft affecting items in transit for clearing, shall be for the account of sending bank, which in this case is PCIBank. G.R. No. 128604 But in this case, responsibility for negligence does not lie on PCIBanks shoulders Time and again, we have stressed that banking business is so impressed with alone. public interest where the trust and confidence of the public in general is of paramount importance such that the appropriate standard of diligence must be very The evidence on record shows that Citibank as drawee bank was likewise high, if not the highest, degree of diligence.[34] A banks liability as obligor is not negligent in the performance of its duties. Citibank failed to establish that its payment merely vicarious but primary, wherein the defense of exercise of due diligence in the of Fords checks were made in due course and legally in order. In its defense, Citibank selection and supervision of its employees is of no moment.[35] claims the genuineness and due execution of said checks, considering that Citibank (1) has no knowledge of any infirmity in the issuance of the checks in question (2) Banks handle daily transactions involving millions of pesos. [36] By the very coupled by the fact that said checks were sufficiently funded and (3) the endorsement nature of their work the degree of responsibility, care and trustworthiness expected of of the Payee or lack thereof was guaranteed by PCI Bank (formerly IBAA), thus, it has their employees and officials is far greater than those of ordinary clerks and the obligation to honor and pay the same. employees.[37] Banks are expected to exercise the highest degree of diligence in the selection and supervision of their employees.[38] For its part, Ford contends that Citibank as the drawee bank owes to Ford an absolute and contractual duty to pay the proceeds of the subject check only to the On the issue of prescription, PCIBank claims that the action of Ford had payee thereof, the CIR. Citing Section 62[32] of the Negotiable Instruments Law, Ford prescribed because of its inability to seek judicial relief seasonably, considering that argues that by accepting the instrument, the acceptor which is Citibank engages that the alleged negligent act took place prior to December 19, 1977 but the relief was it will pay according to the tenor of its acceptance, and that it will pay only to the sought only in 1983, or seven years thereafter. payee, (the CIR), considering the fact that here the check was crossed with annotation Payees Account Only. The statute of limitations begins to run when the bank gives the depositor notice of the payment, which is ordinarily when the check is returned to the alleged drawer As ruled by the Court of Appeals, Citibank must likewise answer for the as a voucher with a statement of his account,[39] and an action upon a check is damages incurred by Ford on Citibank Checks Numbers SN 10597 and 16508, ordinarily governed by the statutory period applicable to instruments in writing.[40] because of the contractual relationship existing between the two. Citibank, as the drawee bank breached its contractual obligation with Ford and such degree of Our laws on the matter provide that the action upon a written contract must be culpability contributed to the damage caused to the latter. On this score, we agree brought within ten years from the time the right of action accrues.[41] Hence, the with the respondent courts ruling. reckoning time for the prescriptive period begins when the instrument was issued and the corresponding check was returned by the bank to its depositor (normally a Citibank should have scrutinized Citibank Check Numbers SN 10597 and 16508 month thereafter). Applying the same rule, the cause of action for the recovery of the before paying the amount of the proceeds thereof to the collecting bank of the proceeds of Citibank Check No. SN 04867 would normally be a month after BIR. One thing is clear from the record: the clearing stamps at the back of Citibank December 19, 1977, when Citibank paid the face value of the check in the amount of Check Nos. SN 10597 and 16508 do not bear any initials. Citibank failed to notice and P4,746,114.41. Since the original complaint for the cause of action was filed on January verify the absence of the clearing stamps. Had this been duly examined, the switching 20, 1983, barely six years had lapsed. Thus, we conclude that Fords cause of action to of the worthless checks to Citibank Check Nos. 10597 and 16508 would have been recover the amount of Citibank Check No. SN 04867 was seasonably filed within the discovered in time. For this reason, Citibank had indeed failed to perform what was period provided by law. incumbent upon it, which is to ensure that the amount of the checks should be paid only to its designated payee. The fact that the drawee bank did not discover the Finally, we also find that Ford is not completely blameless in its failure to detect irregularity seasonably, in our view, constitutes negligence in carrying out the banks the fraud. Failure on the part of the depositor to examine its passbook, statements of duty to its depositors. The point is that as a business affected with public interest and account, and cancelled checks and to give notice within a reasonable time (or as because of the nature of its functions, the bank is under obligation to treat the required by statute) of any discrepancy which it may in the exercise of due care and accounts of its depositors with meticulous care, always having in mind the fiduciary diligence find therein, serves to mitigate the banks liability by reducing the award of nature of their relationship.[33] interest from twelve percent (12%) to six percent (6%) per annum. As provided in Article 1172 of the Civil Code of the Philippines, responsibility arising from Thus, invoking the doctrine of comparative negligence, we are of the view that negligence in the performance of every kind of obligation is also demandable, but both PCIBank and Citibank failed in their respective obligations and both were such liability may be regulated by the courts, according to the circumstances. In negligent in the selection and supervision of their employees resulting in the quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages encashment of Citibank Check Nos. SN 10597 and 16508. Thus, we are constrained to that he may recover.[42] hold them equally liable for the loss of the proceeds of said checks issued by Ford in favor of the CIR. WHEREFORE, the assailed Decision and Resolution of the Court of Appeals in CA-G.R. CV No. 25017, are AFFIRMED.PCIBank, known formerly as Insular Bank of Asia and America, is declared solely responsible for the loss of the proceeds of Citibank Check No. SN 04867 in the amount P4,746,114.41, which shall be paid together with six percent (6%) interest thereon to Ford Philippines Inc. from the date when the original complaint was filed until said amount is fully paid. However, the Decision and Resolution of the Court of Appeals in CA-G.R. No. 28430 are MODIFIED as follows: PCIBank and Citibank are adjudged liable for and must share the loss, (concerning the proceeds of Citibank Check Numbers SN 10597 and 16508 totalling P12,163,298.10) on a fifty-fifty ratio, and each bank is ORDERED to pay Ford Philippines Inc. P6,081,649.05, with six percent (6%) interest thereon, from the date the complaint was filed until full payment of said amount. Costs against Philippine Commercial International Bank and Citibank, N.A. [G.R. No. 125536. March 16, 2000] account with the PCIB, Pasay Branch, it was dishonored for being drawn against insufficient funds. Lhuillier's secretary informed the secretary of Legaspi of the PRUDENTIAL BANK, petitioner, vs. COURT OF APPEALS and LETICIA dishonor. The latter told the former to redeposit the check. Legaspi's secretary tried to TUPASI-VALENZUELA joined by husband Francisco Valenzuela, respondents. Ed- contact private respondent but to no avail. pm-is Upon her return from the province, private respondent was surprised to learn of the DECISION dishonor of the check. She went to the Valenzuela Branch of Prudential Bank on July 4, 1988, to inquire why her check was dishonored. She approached one Albert QUISUMBING, J.: Angeles Reyes, the officer in charge of current account, and requested him for the ledger of her current account. Private respondent discovered a debit of P300.00 penalty for the dishonor of her Prudential Check No. 983395. She asked why her This appeal by certiorari under Rule 45 of the Rules of Court seeks to annul and set check was dishonored when there were sufficient funds in her account as reflected in aside the Decision dated January 31, 1996, and the Resolution dated July 2, 1997, of her passbook. Reyes told her that there was no need to review the passbook because the Court of Appeals in CA G.R. CV No. 35532, which reversed the judgment of the the bank ledger was the best proof that she did not have sufficient funds. Then, he Regional Trial Court of Valenzuela, Metro Manila, Branch 171, in Civil Case No. 2913- abruptly faced his typewriter and started typing. S-jcj V-88, dismissing the private respondent's complaint for damages.[1] Later, it was found out that the check in the amount of P35,271.60 deposited by In setting aside the trial court's decision, the Court of Appeals disposed as follows: private respondent on June 1, 1988, was credited in her savings account only on June 24, 1988, or after a period of 23 days. Thus the P11,500.00 check was redeposited by "WHEREFORE, the appealed decision is hereby REVERSED and Lhuillier on June 24, 1988, and properly cleared on June 27, 1988. SET ASIDE and, another rendered ordering the appellee bank to pay appellant the sum of P100,000.00 by way of moral damages; Because of this incident, the bank tried to mollify private respondent by explaining to P50,000.00 by way of exemplary damages, P50,000.00 for and as Legaspi and Lhuillier that the bank was at fault. Since this was not the first incident attorney's fees; and to pay the costs. Jjs-c private respondent had experienced with the bank, private respondent was unmoved by the bank's apologies and she commenced the present suit for damages before the SO ORDERED."[2] RTC of Valenzuela. The facts of the case on record are as follows: After trial, the court rendered a decision on August 30, 1991, dismissing the complaint of private respondent, as well as the counterclaim filed by the defendant, Private respondent Leticia Tupasi-Valenzuela opened Savings Account No. 5744 and now petitioner. Current Account No. 01016-3 in the Valenzuela Branch of petitioner Prudential Bank, with automatic transfer of funds from the savings account to the current account. Undeterred, private respondent appealed to the Court of Appeals. On January 31, 1996, respondent appellate court rendered a decision in her favor, setting aside the On June 1, 1988, herein private respondent deposited in her savings account Check trial court's decision and ordering herein petitioner to pay private respondent the No. 666B (104561 of even date) the amount of P35,271.60, drawn against the sum of P100,000.00 by way of moral damages; P50,000.00 exemplary damages; Philippine Commercial International Bank (PCIB). Taking into account that deposit P50,000.00 for and as attorney's fees; and to pay the costs. [3] and a series of withdrawals, private respondent as of June 21, 1988 had a balance of P35,993.48 in her savings account and P776.93 in her current account, or total deposits Petitioner filed a timely motion for reconsideration but it was denied. Hence, this of P36,770.41, with petitioner. Sc-jj petition, raising the following issues: Thereafter, private respondent issued Prudential Bank Check No. 983395 in the I. WHETHER OR NOT THE RESPONDENT COURT OF APPEALS amount of P11,500.00 post-dated June 20, 1988, in favor of one Belen Legaspi. It was ACTED WITH GRAVE ABUSE OF DISCRETION AMOUNTING issued to Legaspi as payment for jewelry which private respondent had purchased. TO LACK OF JURISDICTION IN DEVIATING FROM Legaspi, who was in jewelry trade, endorsed the check to one Philip Lhuillier, a ESTABLISHED JURISPRUDENCE IN REVERSING THE businessman also in the jewelry business. When Lhuillier deposited the check in his DISMISSAL JUDGMENT OF THE TRIAL COURT AND INSTEAD AWARDED MORAL DAMAGES, EXEMPLARY DAMAGES AND Regrettably, it was private respondent who declined the offer and allegedly said, that ATTORNEY'S FEES. Supr-eme there was nothing more to it, and that the matter had been put to rest. [5]Jle-xj II. WHETHER OR NOT THE RESPONDENT COURT OF Admittedly, as found by both the respondent appellate court and the trial court, APPEALS ACTED IN GRAVE ABUSE OF DISCRETION petitioner bank had committed a mistake. It misposted private respondent's check AMOUNTING TO LACK OF JURISDICTION WHERE, EVEN IN deposit to another account and delayed the posting of the same to the proper account THE ABSENCE OF EVIDENCE AS FOUND BY THE TRIAL of the private respondent. The mistake resulted to the dishonor of the private COURT, AWARDED MORAL DAMAGES IN THE AMOUNT OF respondent's check. The trial court found "that the misposting of plaintiffs check P100,000.00. deposit to another account and the delayed posting of the same to the account of the plaintiff is a clear proof of lack of supervision on the part of the defendant III. WHETHER OR NOT THE RESPONDENT COURT OF bank."[6] Similarly, the appellate court also found that "while it may be true that the APPEALS ACTED IN GRAVE ABUSE OF DISCRETION bank's negligence in dishonoring the properly funded check of appellant might not AMOUNTING TO LACK OF JURISDICTION, WHERE, EVEN IN have been attended with malice and bad faith, as appellee [bank] submits, THE ABSENCE OF EVIDENCE AS FOUND BY THE TRIAL nevertheless, it is the result of lack of due care and caution expected of an employee COURT, AWARDED P50,000.00 BY WAY OF EXEMPLARY of a firm engaged in so sensitive and accurately demanding task as banking." [7] DAMAGES. Co-urt In Simex International (Manila), Inc, vs. Court of Appeals, 183 SCRA 360, 367 IV. WHETHER OR NOT THE RESPONDENT COURT OF (1990), and Bank of Philippine Islands vs. IAC, et al., 206 SCRA 408, 412-413 APPEALS ACTED WITH GRAVE ABUSE OF DISCRETION (1992), this Court had occasion to stress the fiduciary nature of the relationship WHERE EVEN IN THE ABSENCE OF EVIDENCE, AWARDED between a bank and its depositors and the extent of diligence expected of the former ATTORNEY'S FEES. in handling the accounts entrusted to its care, thus: Lex-juris Simply stated, the issue is whether the respondent court erred and gravely abused its "In every case, the depositor expects the bank to treat his account discretion in awarding moral and exemplary damages and attorney's fees to be paid with the utmost fidelity, whether such account consists only of a by petitioner to private respondent. few hundred pesos or of millions. The bank must record every single transaction accurately, down to the last centavo, and as promptly as possible. This has to be done if the account is to reflect Petitioner claims that generally the factual findings of the lower courts are final and at any given time the amount of money the depositor can dispose binding upon this Court. However, there are exceptions to this rule. One is where the of as he sees fit, confident that the bank will deliver it as and to trial court and the Court of Appeals had arrived at diverse factual whomever he directs. A blunder on the part of bank, such as the findings.[4]Petitioner faults the respondent court from deviating from the basic rule dishonor of a check without good reason, can cause the depositor that finding of facts by the trial court is entitled to great weight, because the trial court not a little embarrassment if not also financial loss and perhaps had the opportunity to observe the deportment of witness and the evaluation of even civil and criminal litigation. evidence presented during the trial. Petitioner contends that the appellate court gravely abused its discretion when it awarded damages to the plaintiff, even in the face of lack of evidence to prove such damages, as found by the trial court. The point is that as a business affected with public interest and because of the nature of its functions, the bank is under obligation to treat the account of its depositors with meticulous care, always Firstly, petitioner questions the award of moral damages. It claims that private having in mind the fiduciary nature of their relationship. x x x" respondent did not suffer any damage upon the dishonor of the check. Petitioner avers it acted in good faith. It was an honest mistake on its part, according to petitioner, when misposting of private respondent's deposit on June 1, 1988, In the recent case of Philippine National Bank vs. Court of Appeals,[8] we held that "a happened. Further, petitioner contends that private respondent may not "claim" bank is under obligation to treat the accounts of its depositors with meticulous care damages because the petitioner's manager and other employee had profusely whether such account consists only of a few hundred pesos or of millions of pesos. apologized to private respondent for the error. They offered to make restitution and Responsibility arising from negligence in the performance of every kind of obligation apology to the payee of the check, Legaspi, as well as the alleged endorsee, Lhuillier. is demandable. While petitioner's negligence in this case may not have been attended with malice and bad faith, nevertheless, it caused serious anxiety, embarrassment and humiliation". Hence we ruled that the offended party in said case was entitled to pay her exemplary damages in the amount of P20,000.00 and P30,000.00, attorney's recover reasonable moral damages. fees. Jksm Even if malice or bad faith was not sufficiently proved in the instant case, the fact Costs against petitioner. remains that petitioner has committed a serious mistake. It dishonored the check issued by the private respondent who turned out to have sufficient funds with SO ORDERED. petitioner. The bank's negligence was the result of lack of due care and caution required of managers and employees of a firm engaged in so sensitive and demanding business as banking. Accordingly, the award of moral damages by the respondent Court of Appeals could not be said to be in error nor in grave abuse of its discretion. Juri-smis There is no hard-and-fast rule in the determination of what would be a fair amount of moral damages since each case must be governed by its own peculiar facts. The yardstick should be that it is not palpably and scandalously excessive. In our view, the award of P100,000.00 is reasonable, considering the reputation and social standing of private respondent Leticia T. Valenzuela.[9] The law allows the grant of exemplary damages by way of example for the public good.[10] The public relies on the banks' sworn profession of diligence and meticulousness in giving irreproachable service. The level of meticulousness must be maintained at all times by the banking sector. Hence, the Court of Appeals did not err in awarding exemplary damages. In our view, however, the reduced amount of P20,000.00 is more appropriate. Jj-juris The award of attorney's fees is also proper when exemplary damages are awarded and since private respondent was compelled to engage the services of a lawyer and incurred expenses to protect her interest.[11] The standards in fixing attorney's fees are: (1) the amount and the character of the services rendered; (2) labor, time and trouble involved; (3) the nature and importance of the litigation and business in which the services were rendered; (4) the responsibility imposed; (5) the amount of money and the value of the property affected by the controversy or involved in the employment; (6) the skill and the experience called for in the performance of the services; (7) the professional character and the social standing of the attorney; (8) the results secured, it being a recognized rule that an attorney may properly charge a much larger fee when it is contingent than when it is not.[12] In this case, all the aforementioned weighed, and considering that the amount involved in the controversy is only P36,770.41, the total deposit of private respondent which was misposted by the bank, we find the award of respondent court of P50,000.00 for attorney's fees, excessive and reduce the same to P30,000.00. WHEREFORE, the assailed DECISION of the Court of Appeals is hereby AFFIRMED, with MODIFICATION. The petitioner is ordered to pay P100,000.00 by way of moral damages in favor of private respondent Leticia T. Valenzuela. It is further ordered to Cek Instrumen yang Dapat Dinegosiasikan Rekening Deposit Dokumen Serupa dengan Banking Day 3 Dee Comon Hannah Barrantes Christopher Philip Kazia Shamoon Ahmed attycertfiedpublicaccountant lovekimsohyun89 Nico Aditya Pradana Mary Pascua Abella Anonymous AHJT5OsH Charlie Pascual Monica Popovici Charmaine Key Aurea Mhaye Aguinaldo gmaddaus nashrul izzuan abdul karim budi_alamsyah Yasir Arafat Hospital Information Management System - Outpatient Billing Lakmedipro Demad for Documents FORM 92 - Derek Doornbos Pay Chalan SDO BUxar 7. 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Schorel-Hlavka O.W.B. to ACCC Re Complaint ID 400024413 -FOS Case Number 369877 Gerrit Hendrik Schorel-Hlavka f 110 Void Reprint Check Ben Slimane Hatem Sample General Ledger with Trial Balance Iriz Beleno fin4 Paul Quarmyne Source 2.xlsx ghannikhan Final Preboard.docx Sean Gregory Parungao Campo STELCO VS CA Chris Valenzuela Internship Report of BANK of PUNJAB bbaahmad89 Singapore Blue Book Yamazico Sondey Utkarsh Sinha Auditing Problems Lecture on Correction of Errors 1E ECSA Candidate Appform it4ujonly NGAS MODULE GOVERNMENT ACCOUNTING Ann Kristine Trinidad Internship Report(BOP) Qasim Munawar SummerAssignmentClass11th(2014-15) Niti Arora Commercial Law Review Jack Notes JUSTICE DEE Oracle Project Manufacturing User's Guide Hacene Lamraoui Lesson 6 Process Design Derrick Maatla Moadi AR CM Ramana Thallapelly IGBC2018 Brochure Web Sunil Sir Paper Final Copy Okkishore Legal Ethics II Digest Kenneth Ray Agustin judicial affidavit-casimiro.docx xyrielpanganiba192 0346XXXXXXXXX032124-05-2016 (2) Brraghavan Raghavan 48 Garcia vs Llamas Charm Divina Lascota Viva Questions Ami Kar 194 tax defination Mahesh Dalvi	cc/2019-30/en_middle_0064.json.gz/line1459
__label__wiki	0.587865	0.587865	Report: Eagles no longer shopping Vick By Brad Biggs Michael Vick is no longer on the market. With the Philadelphia Eagles shopping Donovan McNabb – from the outside it would appear the team has reached the point of no return with its longtime quarterback – it’s no longer shopping Vick, according to Sal Paolantonio of ESPN. It makes sense. If (or when) Philadelphia moves McNabb, it will be down to two quarterbacks on the roster – future starter Kevin Kolb and Vick. Shipping off Vick, for not much in return, would put the Eagles in a position where they would be heading into a season with an inexperienced starter and no other quarterback with prior experience on the team. Plus, the Eagles forked over a $1.5 million roster bonus for Vick at the beginning of the month. That’s a hefty price to pay if all Vick can be turned into is a late-round pick. It stands to reason they’d like to get return on that investment, with Vick serving as a No. 2 to Kolb. Of course, all the Eagles have to do now is deal McNabb, and that is proving to be difficult after weeks of quiet backroom negotiating spilled public, very public. Follow me on Twitter: BradBiggs	cc/2019-30/en_middle_0064.json.gz/line1470
__label__wiki	0.919459	0.919459	Newcity Music Reviews, profiles and news about music in Chicago Newcity Newcity Network About Newcity Music Chicago Indie Record Store Guide Spins Nate Lepine—Bandleader At Last November 21, 2016 at 8:00 am by Robert Rodi by Robert Rodi November 21, 2016 November 26, 2016 Filed under: Chicago Artists Tenor sax man Nate Lepine, who’s been a go-to guy for Chicago jazz and rock ensembles for the past two decades, proves he’s no shrinking violet on his first solo release. He composed all the tunes on “Quartet: Vortices” and hired an ensemble of players who are all bandleaders themselves: Nick Mazzarella (alto sax), Clark Sommers (acoustic bass) and Quin Kirchner (drums). What might have been overreach, in fact overwhelms. “Youngblood” kicks off the album with a swaggering theme that sounds like a lost riff from “West Side Story” (somewhere between “Cool” and “Jet Song”). The saxes step over each other and elbow for dominance, like two young turks who’ve both spotted someone luscious on the other side of the street. “Even Yeti’s Ready for Springtime” (whoever came up with the title has earned the rest of the month off) is a wonderfully springy throwback to the glory days of bebop, with Mazzarella and Lepine playing in masterful synch until, at the tail end of the intro, they veer off into dissonant shrieks. Sommers has a solo here that’s such a finger-popper, you almost have to sit on your hands to resist the urge. Sommers drags you by the hand into “The Grass Is Rizz,” and the rest of the trio welcomes you with some intoxicating harmonics and a smart-alec melody line that unloads a few phrases of legato before dropping a staccato stop. It’s the wittiest, friendliest tune on the album—like a picnic with the Marx Brothers, if the Marx Brothers were insanely hip. “So Don’t I (Nate)” is another throwback; it could pass as a dance-floor tune from the forties. Though Lepine’s mad soloing over Mazzarella’s recital of the theme would probably be too much muchness for the average bobby-soxer. It’s a short tune, almost a palate-cleanser; I found myself playing it three times through, out of sheer pleasure. But I needn’t have bothered; there’s a reprise later on—“So Don’t I (Nick)”—that gives Mazzarella equal time, and which is even wilder. You’d swear these guys have a few extra fingers on each hand. There’s much more, all of varied textures and grooves; but “Hennies” is the highlight of the album for me—an absolutely gorgeous, searching theme, spiking up from Kirchner’s muscular gallop. The solos are scorching and the energy never flags; it maintains its breakneck page with tremendous focus and resolve. Thrilling. (Robert Rodi) “Quartet: Vortices” is available for purchase or download through the usual channels, including Nate Lepine’s Bandcamp page. Robert Rodi Robert Rodi is an author, spoken-word performer and musician who has served as Newcity’s Music Editor since 2014. He’s written more than a dozen books, including the travel memoir “Seven Seasons In Siena.” His jazz quintet recently completed a two-year residency at Uncommon Ground, and he regularly hosts a jazz singers’ jam at Lizard’s Liquid Lounge. His literary and music criticism has appeared in the Los Angeles Times, the Chicago Tribune, Salon, The Huffington Post and many other national and regional publications. Contact: robert@newcity.com Spins Typhanie Monique has built a significant résumé not only in jazz, but in soul and funk, and she brings it all together in her new release, “Call It Magic.” The evidence is immediately evident in the title tune; she finds a stirring sense of church in the Coldplay original. The lines “I don’t no I don’t no I don’t no I don’t… Spins By Robert Rodi The shaggy charm of Brian O’Hern and the Model Citizens, so irresistible to the crowds who flock to their monthly Mondays at Gallery Cabaret, has always been a little bit suspect to me; how can a baker’s dozen of big-band players be so amiably, hilariously loose without ever… you know, fucking up? The Citizens’ new CD release, “We… Spins Since he moved to Chicago from Cincinnati in 2009, drummer Jeremy Cunningham has integrated himself into the city’s jazz scene in a big way—but principally as an in-demand ensemble player. That’s all changed with the debut of his own group, Jeremy Cunningham Quartet, for which he’s assembled some of the most venerated talents in town, including Jeff Parker on guitar,… Spins Jazz-blues singer Akosua Gyebi, whose stage name is Kosi, has the kind of voice made for stripped-down settings; in its range, tonal colors and textures—which include both serrated-edge cries and velvet crooning—she’s pretty much her own ensemble, and when she plays Chicago it’s often with a single accompanist, or her own guitar. On her new release, “I Know Who I… Spins By Robert Rodi On first hearing, Chicago folk-rocker Ryley Walker’s new album, “Golden Sings That Have Been Sung,” doesn’t kick off very auspiciously. Its opener, “The Halfwit In Me,” is a little too similar to the lead tune on his last album, “Primrose Green"; it’s another rolling ballad with a liquid guitar and no bridge—just repetitions of the verse, which… Spins: Hella Fun By Robert Rodi Teletype is a new project by Chicago singer-songwriter Abraham Levitan and arranger Devin Davis, and while each has his own singular sensibility, their new release, “Spontaneity,” is such a seamlessly beautiful thing that collaboration just might have been their destiny all along. It’s unabashedly backward-looking, summoning up both the un-ironic sonic splendor of seventies pop and the… Clark Sommers Nate Lepine Quin Kirchner Previous Post Music Top 5 Next Post Classical Chops in Country-Pop Blockbuster: A Preview of The Silver Room Block Party in Hyde Park Last Punks Standing: A Preview of Mekons at Hideout Summer 2019: Ten Songs for Summer Live Review: Perfect Pussy/Pitchfork Music Festival Chicago Symphony Conundrum: Why Does the Best Get Paid Like the Rest? Sign up for Newcity's weekly newsletters: Newcity Chiletter Chicago Art Letter Chicago Lit Letter (Coming in July) Chicago Stage Letter Copyright Newcity Communications, Inc. © 2019 You can now subscribe to Newcity magazine for home delivery. Learn morehere.	cc/2019-30/en_middle_0064.json.gz/line1472
__label__wiki	0.930302	0.930302	My Country Mobile Office Invasion Get The My Country 95.5 App Listen To Us on Alexa & Google Home Doc & Prairie Wife In The Morning Buddy Logan & The Ride Home My Country Club My Country Club Support Highway Webcams Wyoming Ski Report Danielle Bradbery Flawlessly Covers Faith Hill’s ‘Breathe’ [Watch] Danielle Bradbery's Request Line is open, and this time, she's covering a country song. The young singer gives Faith Hill's 'Breathe' a go, and the results are ... breathtaking. Bradbery has delivered on everything from powerhouse Adele to the smash hit 'Say Something.' However, she's bringing it back home to the genre she's most comfy in this week, thanks to a request from Amy in New York. "I absolutely love your single 'Young in America,'" Amy says at the beginning of the Request Line clip. "I would love to hear you sing 'Breathe' by Faith Hill. I think you would be absolutely amazing. Love you Danielle, have a good day." Amy was spot-on -- Bradbery's rendition is "absolutely amazing." Her Request Line renditions are stripped down, simple versions of songs, and this one is no different. Still, it's her most powerful yet. The 18-year-old singer opts to shoot in black and white so viewers can focus on her vocals. From start to finish, Bradbery's sound adds a little extra sugar to the sweet love song, and the chorus allows her strong voice to really shine. See Danielle Bradbery as a Kid Next: Danielle Bradbery Covers 'Set Fire to the Rain' Source: Danielle Bradbery Flawlessly Covers Faith Hill’s ‘Breathe’ [Watch] Filed Under: Danielle bradbery 2019 My Country 95.5 is part of the Taste Of Country Network, Townsquare Media, Inc. All rights reserved.	cc/2019-30/en_middle_0064.json.gz/line1477
__label__wiki	0.584688	0.584688	“Airchecks” from WKRP in Cincinnati on Sunday, July 1, 2018 When Shout Factory released the complete series of WKRP in Cincinnati several years ago, I was super excited to see so much of my favorite television show for the first time! The complete series had never been released on DVD; what had been released previously had the original music replaced by generic music to save the cost and headaches of licensing the original music. In syndication, as many as several minutes of the show was also cut to make room for more commercials. One of my favorite episodes, and the only one actually filmed partially in Cincinnati, is “The Airplane Show”, the first episodes of the third (1980-81) season. The episode follows newsman Les Nessman as he hires a crop-duster and his World War I biplane in lieu of the traffic helicopter Andy had promised him but never delivered. As the other characters discuss their confusion regarding the change of Armistice Day to Veterans Day, Les’s pilot, a veteran himself, threatens to crash the plane with Les aboard unless a spectacle is made to celebrate veterans. In this clip, supposed air checks of Cincinnati radio stations provide the soundtrack for the biplane’s flight over the Cincinnati riverfront and downtown. In the syndication version of this episodes, much of this scene was cut; this is the complete scene and the full complement of airchecks. Here is a list of the stations represented: WCNW 1560 AM This is the AM neighboring Jungle Jim’s in Fairfield. Today it broadcasts religious programming, but carried Country & Western music at the time and was co-owned with 94.9 WLVV (listed below). WLQA 98.5 FM WLQA broadcast a Beautiful Music format at the time of this episodes’s filming, but switched to Adult Contemporary and the “Warm 98” moniker later that year. WVXU 91.7 FM WVXU was still owned by its namesake Xavier University at the time (Voice of Xavier University). WCLU 1320 AM, “Big Clu Country” Today’s urban gospel WVCVG “The Voice” that (in?)famously became the country’s first All-Elvis radio station in the mid-1980s broadcast a Country & Western format at the time of filming. The WCLU call letters are used now by an AM and an FM serving the Bowling Green, Kentucky market. WKRC 550 AM At the time, 55 KRC broadcast a Middle-of-the-Road format. WKRQ 101.9 FM, “Q102” WSAI-FM 94.1 WSAI-FM is now country-formatted WNNF. It’s then-sister station WSAI (AM) is also included here. WAIF 88.3, “Stepchild Radio” WLW 700 AM Back then, “The Big One” carried a Middle-of-the-Road format. WUBE 1230 AM/WUBE-FM 105.1 In 1980, AM 1230 and FM 105.1 simulcast a Country & Western format. Today WDBZ 1230 carries Rhythmic Oldies, while 105.1 WUBE-FM still carries Country. WCIN 1480 AM The historic WCIN call sign gave way to WDJO a few years back when long-time Cincinnati radio personality Dusty Rhodes flipped the station from a short-lived Smooth Jazz format to Oldies. The 1980 Broadcasting Yearbook indicates the station’s format as “Black”, presumably the forerunner to today’s Urban format. WZIP 1050 AM At the time a religious broadcaster, WZIP became WTSJ in 1981. I remember the call letters WCVX, but the station is now Gospel-formatted WGRI. WSAI 1360 AM Remember when 1360 was WCKY and WSAI was 1530 AM? WSAI-FM is listed above. WLVV 94.9 FM This Fairfield FM was co-owned with WCNW 1560 (listed above) in 1980. Today it’s WREW. WEBN 102.7 FM Indeed, even WEBN is heard in this clip. Presumably, they were not broadcasting from high atop Frog’s Mountain (Mount Adams) at the time; the Broadcasting Yearbook shows the station located on Hyde Park Square. aircheck broadcasting Cincinnati WKRP WKRP in Cincinnati IDLE for 0 days, 0 hours, 0 minutes, 34 seconds.	cc/2019-30/en_middle_0064.json.gz/line1481
__label__cc	0.67542	0.32458	+91-124-6030-400 Hammam Therapy Abhyanga Pãdãbhyanga Shirodhara Udwarthanam Choorna Pinda Sweda Himalayan Salt Cave Cold Gel Pack EXPERIENCES BY NAAD Arthritis Management Hyperlipidemia Management Migraine Management Polycystic Ovarian Syndrome (PCOS) Management Respiratory Diseases Management Sports Injury Management DOWNLOAD MEDICAL PACKAGES The Naad Experience Punarnava De-stress at Naad Detox at Naad The India Experience DOWNLOAD EXPERIENTIAL PACKAGES Wellbeing for the Workplace Download Wellbeing for the Workplace Centre Policies Tariff Sheet Indian Citizens The Origin of Naad Naad is the primordial sound that echoes through the universe, the vibration that is believed to have originated with its creation and has been reverberating through our very being ever since. It resonates with the awakening of our spiritual growth, our kundalini and the time when we truly begin to find ourselves. Aligned with this age-old philosophy, at Naad Wellness we believe that our bodies are like musical instruments which when tuned regularly produce beautiful melodies. EXPERTS AT NAAD India is the birthplace of Ayurveda, Yoga and Naturopathy and recognised globally as the cradle of healing and wellness. Holistic living is a part of life here and culturally imbibed into the soul of the country and its people. At Naad, everyone of our experiences has been created around these ancient ethos and overseen by our resident physicians and experts. Translating to 'the science of life', Ayurveda recognizes human beings and nature to be one. With wisdom that dates back to more than 5,000 years, it describes movement, transformation and structure as the three fundamental energies that govern our inner and outer environment. Ayurveda believes that our bodies constitute the balance of the five elements and our primary forces are Vata (Wind), Pitta (Fire) and Kapha (Earth). Believed to have originated during the pre-Vedic era in India, yoga is a set of physical, mental and spiritual practices that heal the body, mind and soul. With several schools of yoga taught and practiced in India, it has been the medium to holistic wellbeing for centuries. While it has been recognised as a medical discipline with roots in 19th century Europe, many of Naturopathy's governing principles have also found mention in India's ancient Vedic texts. Its core belief is that the body possesses vital energies that are capable of healing from within and natural cures, diet regulation and exercise are its tools of transformation. Like Ayurveda, Naturopathy also believes that the human body is but a balance of the five great elements of nature. Herbal massages, acupuncture, hydrotherapy, nutritional counselling and cleansing routines all form part of Naturopathic treatments. Dr. Hrishikesh Ashok BAMS, MS (Ayurveda) Chief Ayurveda Consultant Dr. Hrishikesh is an MS in ShalyaTantra (Ayurvedic surgery) from SSR Ayurveda Medical College & Hospital and is a graduate of JSS Ayurveda Medical College & Hospital. He also holds a post graduate diploma in Yoga from Annamalai University. A fifth generation Ayurvedic doctor, his family owns and runs an Ayurvedic Hospital in Kerala which specialises in creating their own in-house medicines. Dr. Hrishikesh brings with him a clinical experience of nearly ten years and specialises in Panchakarma and sports rehabilitation. Dr D. Vadivel BNYS, MBA (Hospital Management) Chief Naturopathy Consultant Dr D. Vadivel, Chief Naturopathy Consultant at Naad, is a graduate of the Government Yoga & Naturopathy Medical College, Chennai and brings with him an experience of over ten years. During the span of his career, he has worked in renowned hospitals, including allopathic set-ups and wellness centres across the country. He is currently researching energy healing methods for psycho spiritual dimensions, which are a part of anthroposophic medicine. Dr Vadivel's expertise lies in healing asthma, vertigo and migraine and he also specialises in acupuncture for neurological disorders. Dr. Sreelakshmi K. BAMS, MD (Panchakarma) Ayurveda Consultant An MD from SSR Ayurveda Medical College and a graduate of the JSS Ayurveda Medical College, Dr. Sreelakshmi brings with her an experience of over five years, having worked with renowned Ayurvedic hospitals through the span of her career. Her core expertise is gynaecological health and she also specialises in the Panchakarma form of treatment. Dr Deepthy MS BNYS Naturopathy Consultant A graduate of SDM College of Naturopathy & Yogic Sciences, Dr Deepthy's expertise includes Yoga, hydrotherapy, acupuncture, acupressure, reflexology and physiotherapy. A firm believer in the healing powers of food, she is responsible putting overseeing the diet of our resident guests and also helping them make lifestyle alterations when they check-out from the centre. Dr Deepthy is also a certified Pranic Healer (Psychotherapist) from MCKS Yoga Vidya Pranic Healing Trust, New Delhi and is popular among our guests for her empathetic ear and counselling skills. Sekh Sahajan Chef Sahajan is a graduate of the Institute of Hotel Management, Bhubaneswar and brings with him over 16 years of culinary experience. He specialises in the 'tridosha' form of cooking, based on the principles of Ayurveda. Chef firmly believes in cooking fresh, seasonal produce that are aligned with the cycles of nature. In fact, he nurtures his small kitchen garden on the Naad estate and often cooks with herbs and vegetables sourced from our own backyard. A keen photography enthusiast, he is also a member of several industry associations including the Indian Federation of Culinary Association (IFCA), World Association of Chefs (WACs) and the Chef Guild of India. The story of Naad began in 2011 when our founders came together to fulfil their dream of setting up a centre that promotes holistic wellbeing and offers a glimpse into India's ancient healing techniques. Research and collaboration with like-minded partners helped breathe life into this vision and Naad's journey to inspire people to adopt a more fulfilling and healthier lifestyle commenced soon thereafter. Manoj Khetan A graduate from Delhi University, Manoj brings with him over twenty years of experience in managing his family business of wholesale food grains. With a strong foundation in finance, he has been actively involved in setting up new ventures and the process of diversification. Manoj is actively involved in the day to day operations of Naad and it is not an uncommon sight to see him interacting with guests and being a part of staff initiatives. Ramesh Kumar A graduate of MD University, Ramesh has over twenty-five years of experience in the constructions business and is well-known in the National Capital Region for being associated with innovative industrial buildings in the region. Rajiv Khetan With Gauhati University as his alma mater, Rajiv, like his brother Manoj, has been an integral part of their family business for nearly twenty-five years. A Civil Engineer by qualification, Ramesh brings with him thirty years of experience in designing and conceptualising industrial structures in the National Capital Region. An Electronics & Communications Engineer by profession, Rajendra has been providing services for electronics to organisations in New Delhi-NCR and has over twenty years of experience in the constructions business. Naad Wellness Private Limited Centre Policies \|	cc/2019-30/en_middle_0064.json.gz/line1482
__label__cc	0.610685	0.389315	Home \ Sports \ Fistball league hits home straight Fistball league hits home straight Staff Reporter Sports Erongo SWAKOPMUND - The 4th round of matches in the exciting Bank Windhoek Fistball League takes place at the Swakopmund Fussball Club (SFC) in Swakopmund on Saturday at 08h00 ahead of the much anticipated play-offs in September. Clubs are to are battle it out in two different groups, A and B. Cohen Fistball Club (CFC), that successfully defended the Cohen Tourney last month, will come up against old foes Sport Klub Windhoek (SKW), with SFC and Deutscher Turn und Sportverein (DTS) confronting each other in group A. CFC 1 and ‘Imawida’ second strings (SKW 2) are the hot favourites to advance through to the semifinals but the latter could face an uphill battle as ‘Imawida’ go into the decisive clash without the services of five of its regular starters. This will allow hosts SFC to have a genuine chance of booking a semifinal ticket come match day as the coastal outfit banks on home ground advantage. Table toppers SKW 1, sitting pretty at the summit, four points clear of their nearest challengers, will fight for top honors in Group B. The uncompromising Germans will have to overcome a determined trident of CFC teams 1, 2 and 3. Record holding champions SKW’s tough obstacle could be expected from Olympia neighbours CFC 2 for the semifinal spot. Nevertheless, a surprise can be expected as Cohen teams always fight until the last minute. It will be an exciting battle for overall 4th place on the final log table as the position guarantees the last available spot in the play-off semifinals of the A League. As it stands, SFC and CFC 2 share 4th spot on 16 points apiece while SKW 1 (34) sits atop tailed by CFC 1 (30) and SKW 2 (24) in that sequence. Teams placed 5th through to 8th places after this weekend’s 4th round will be thrown another lifeline to compete for the B League title in the play-offs. The national championship play-offs are slated for September 29 at SKW in Windhoek. For more information, please contact Helmo Minz at cell: 081 233 0232 or send an email to helmo.minz@gmail.com. Home \ Sports \ Fistball league hits home straight - New Era Live	cc/2019-30/en_middle_0064.json.gz/line1493
__label__wiki	0.91446	0.91446	Home \ Sports \ Shitembi set to join Lusaka Dynamos in Zambia …reunited with Lombard and Awillo Shitembi set to join Lusaka Dynamos in Zambia …reunited with Lombard and Awillo Otniel Hembapu Sports Khomas Windhoek – Namibian international midfielder Petrus Shitembi is set to join Zambian Premier League (ZPL) club Lusaka Dynamos on a short-term contract, New Era Sport has established. Although details around his move remain sketchy at this stage, reliable sources confirmed to this publication that the 26-year old Brave Warriors industrious attacking midfielder has in fact already left for Lusaka to join his new teammates and the only thing remaining is the issuance of the International Transfer Certificate (ITC) by the Namibia Football Association (NFA) to Dynamos. With his move to Dynamos, Shitembi will be reunited with compatriots, Tiberius Lombard and fellow midfielder Awillo Stephanus, who both ply their trade for the Zambian giants in that country’s premiership. New Era Sport also established that Shitembi was offered a short-term contract due to the Zambian football season. Unlike in the past, the Zambian league used to start in February and end in November, but with the new CAF calendar, the league now starts in August and ends in May. Given that the Zambian league will end in May, Shitembi was offered a short contract that will run until end of the season, and its renewal or extension will be determined by Namibia’s qualification to the African Cup of Nations (Afcon). Due to the effect of the new CAF calendar, which also saw the Afcon being switched from January/February to June/July, the Zambian league divided their teams into two with 10 teams playing in a North league and 10 other clubs in the South League. Lusaka-based clubs like Sensational Zanaco, Lusaka dynamos, Red Arrows Nkwazi and others will be paired alongside Southern Province teams, while those teams in the Copperbelt Province like Zesco United, Power Dynamos and Nkana will play in the North League. The top two teams from each zone will play continental football in the 2019/2020 season. The teams with the most points will play the CAF Champions League then the other two will play the CAF Confederations Cup. The League will however revert to the normal way in 2020 as the 2019 model is a transitional league, according to Zambian media. Shitembi, who boasts a thick CV that features the likes of Ghanaian giants, Ashanti Gold FC and South African top clubs such as Amazulu FC, AmaTuks FC (University Of Pretoria) and Stellenbosch FC, is set to join Dynamos from local club Tura Magic. Otniel Hembapu Home \ Sports \ Shitembi set to join Lusaka Dynamos in Zambia …reunited with Lombard and Awillo - New Era Live	cc/2019-30/en_middle_0064.json.gz/line1494
__label__cc	0.659365	0.340635	Board of Trustees approves farmland purchase, repair projects Eric Jome December 15, 2018 Filed Under Board of Trustees Media Relations University The Board of Trustees of Illinois State University approved the purchase of a parcel of farmland, an acoustical improvement project for Braden Auditorium, and emergency roofing and infrastructure repairs to several campus buildings. The Board of Trustees authorized the University to purchase 80 acres of farmland located immediately north and adjacent to the University Farm in Lexington. The purchase of the Mifflin 80 Acre Farm will expand the University’s existing farmland holdings and be used for additional farming operations and agricultural research. The purchase price, including closing costs, is $810,000, and is paid through University reserve funds. The Board gave its approval to install improved acoustical paneling in Braden Auditorium. The original acoustical banners and curtains have deteriorated, compromising the auditorium’s acoustical properties. The project will involve removal of the existing banners and draperies, the installation of fabric-covered acoustical panels, and the repainting of the orchestra, mezzanine, and balcony seating areas. The project cost is $625,000, paid for with bond revenue and general revenue funds. Trustees gave the go-ahead to emergency roofing repair projects on the Science Laboratory Building, Turner Hall, and the Ropp Agriculture Building. The $2,253,000 in funding for the projects comes from the state’s Capital Development Board. New roof membrane systems will be installed on those buildings to replace roof systems that have deteriorated to the point of failure. Trustees also approved emergency infrastructure repairs to College of Fine Arts buildings. The $3,013,000 project is funded by the state’s Capital Development Board. This is the third part of a three-phase project to repair infrastructure in the ageing Fine Arts facilities. The work will involve repairs to bathroom plumbing and domestic water piping systems, rebuilding and upgrading air handler units, water pump and grease trap replacements, and isolation valve installations. Criminal Justice Sciences faculty members selected to share research in Washington, D.C. New service offers hotspots to over 600+ campuses worldwide Lacy to retire from Office of the Provost A welcome back from President Larry Dietz Professor Julie Webber publishes a book The Joke Is On Us Collier and Balasubramanian named University Professors Research and Honors University Club open discussion, January 18 Board of Trustees approves facilities naming, graduate program, repairs, health insurance Board of Trustees to hold special meeting, May 4 Board of Trustees to meet May 10 Governor Pritzker appoints new members of Board of Trustees School of Art alumna Lourdes I. Ramos to speak at College of Fine Arts commencement	cc/2019-30/en_middle_0064.json.gz/line1496
__label__wiki	0.598684	0.598684	Mexico President Calls for Steps to Keep Power Prices Low Nbiz Бізнес, Новини Mexican President Andres Manuel Lopez Obrador said on Monday contracts private companies have with state-run power utility CFE should be revised to keep electricity prices low, sending shares in one Mexican contractor tumbling “We are urging companies that have agreements with the Federal Electricity Commission (CFE) to come together to review contracts and above all to reach an agreement that electricity prices will not increase,” Lopez Obrador said during his morning press conference. Lopez Obrador noted that the state-run utility is already contractually obliged to pay billions of dollars to the private firms that developed seven gas pipelines to supply power stations, even though the projects are incomplete and unable to deliver gas. Those companies are Mexican energy infrastructure firm IEnova, a unit of U.S.-based Sempra Energy; TransCanada Corp; and Mexican tycoon Carlos Slim’s Carso, said CFE chief Manuel Bartlett. “If the pipelines can’t be built, as is happening in seven large gas pipelines, the companies still have to be paid even if there is no gas,” said Lopez Obrador. IEnova’s shares dropped 6.7 percent, TransCanada’s were down 0.5 percent and Carso slipped 0.21 percent after the comments. In a statement to the Mexican stock exchange, IEnova said it has one pipeline that entered into operation in 2017, but that the supplies to CFE were interrupted due to “sabotage.” Lopez Obrador has been a staunch critic of landmark 2013-14 energy reforms that ended the wholesale electricity monopoly held by CFE and opened up the Mexican oil industry to private investment. “We are looking to achieve a voluntary restructuring of agreements and commitments within the framework of the law … The Mexican government is committed to not increasing electricity prices for consumers, but we want private companies to help in this initiative,” he said. The reforms ended state oil company Pemex’s decades-long monopoly by allowing private producers to operate projects on their own as well as enter into partnerships with Pemex known as farm-outs.	cc/2019-30/en_middle_0064.json.gz/line1497
__label__wiki	0.638666	0.638666	De La Hoya’s jab at $ex gab By Dareh Gregorian January 27, 2012 \| 5:00am Boxing champ Oscar De La Hoya is looking to score an early TKO against the model who’s suing him over an alleged drug-fueled sex romp. The pervy pugilist’s lawyer, Judd Burstein, wrote a letter to the judge presiding over Angelica Marie Cecora’s $5 million lawsuit against his client, asking that he consider comments Cecora made to The Post as he weighs dismissing her emotional-distress and wrongful-imprisonment suit. In an interview with Post columnist Andrea Peyser after a hearing on Burstein’s request Wednesday, Cecora said she’d been hoping to work with De La Hoya again after their sex-a-thon at the Ritz-Carlton last March. “Any notion that Mr. De La Hoya placed Ms. Cecora in ‘imminent apprehension of harmful contact’ is rendered inherently incredible when one considers that she wanted to continue seeing him,” Burstein wrote yesterday. 'Most Wanted' Queens man convicted of murder	cc/2019-30/en_middle_0064.json.gz/line1504
__label__cc	0.717276	0.282724	OceanHub > Feed > Maputo Ports prepares for growing demand Liebherr Group SWITZERLAND Maputo Ports prepares for growing demand Liebherr recently handed over two Liebherr mobile harbour cranes type LHM 550 to Maputo Port Development Company (MPDC). The LHM 550 delivers high capacity and fast movements for an outstanding productivity in bulk handling operation. Port of Maputo opted for two brand new Liebherr mobile harbour cranes type LHM 550 Liebherr also provides extensive training of operators and technicians of Maputo Port Development Company (MPDC) Maputo Port and Liebherr signed service contract to ensure best availability for the cranes Maputo is the capital of the East African state of Mozambique. The port city on the Indian Ocean is one of the most important transhipment points for goods of all kinds on the east coast of Africa. The central port operator, the Maputo Port Development Company (MPDC), already invested in two Liebherr LHM 550 in 2015. Due to the high satisfaction and convincing productivity of the existing LHM 550s, Maputo Ports recently decided to add two more LHM 550 to their MHC fleet. The remarkable growth of the Port of Maputo and its activities in recent years and the increasing demand from its customers have been the key drivers in the choice of the Mobile Harbour Crane number 3 and 4. Especially in the Port of Maputo, the LHM 550 is the perfect crane when it comes to high professional bulk handling. Its high capacity and fast movements offer an outstanding productivity, also of high-density bulk material like ferrochrome, which is one of the main products being handled at Maputo Ports. The two existing cranes have proven to be drivers of productivity growth. By adding another two units to the fleet, Maputo Ports is prepared to continue its successful development in the future. The investment in equipment also includes the training of several operators and technicians for the handling and maintenance of the new machines. In addition, the existing service contract between Liebherr and Maputo Ports was extended to include the new devices. Liebherr thus guarantees the best possible reliability and availability of the cranes. “In addition to the two mobile harbour cranes, we have recently acquired 14 payloaders, 8 tractors, 8 forklifts and 2 rail excavators (for wagon unloading operations). This investment is in line with the need to improve the berth usage and the rehabilitation and deepening works that are taking place at the moment, “ said Chief Operations Officer, Marla Calado. First Liebherr branch outside of Europe Liebherr Africa was built in 1958 and is the first Liebherr branch outside of Europe. Liebherr Africa has its main basis in South Africa with more than 5 branches and nearly 500 employees. Since 2011, the company Liebherr Mozambique is in place, allowing Liebherr to be at site with shortest distance to our customers. Liebherr has a long-term commitment to local markets and this applies in particular to Mozambique with its great potential for future growth and development. Contracts Signs Contracts Cranes Harbour Cranes	cc/2019-30/en_middle_0064.json.gz/line1505
__label__cc	0.613254	0.386746	The Class of 1969 had a hugely successful Reunion on December 22, 2012. It was remarkable that 15 of us including Leke Oladipo (aka Ambassador) attended. (Few including Leke, Engr (Alh) Maroof Oyewo and Dr (Pastor) Alabi Oladimeji apart from the host, Prof (Alh) Giwa attended with their families). It afforded some of us who had not seen one another for years (for some since leaving OGS in 1969) to meet again. It also enabled us to have a real appreciation of the handicap and plight of Leke. The 1969 Class List can be found here. A more detailed list with contact information is available only in the registered area and can be accessed by registered members only. At the reunion Prof Akanji kindly accepted to serve as Secretary of our Group and I. (Toso Alabi - Apollo - was nominated to take care of Socials with Sikiru Oyewo as our Treasurer) We had a minute silence in memory of our members (9 of them) who had departed to the great beyond and prayed for the eternal and peaceful repose of their souls. Even though we received apology for inability to attend from a number of people, the total absence of our galz smacks of a gang-up, a conspiracy! It made the gathering obviously incomplete! It can only be hoped that they would make amends by swamping future meetings in overwhelming numbers! It was decided that we have the meeting more frequently (maybe biannually) and rotate the hosting among members. Those in Minna are angling to host the next reunion. A fuller account of the reunion is available in the registered are. Highlights of other side events include - The formal recognition and congratulation of Professor MA Akanji who recently assumed office as the VC of FUT, Minna. In his response, he thanked members and expressed appreciation for the overwhelming congratulatory messages he received. Members received gift of his Uni sourvenirs. That of members receiving complimentary copies of a recently launched book titled Handbook on Laboratory Analtyical Techniques authored by (Alhaji) SA Oyewo Letter from the Principal (Mr BW Ibiyeye) titled "Appeal for assistance on Infrastructural Development of the School". On this, members recalled individual and collective financial and other support rendered in the name of the Class and being rendered through ongoing contributions that OGSOSA was collecting for developmental projects for the School which perhaps the Principal in being new was not aware of. Additionally, the School, among a few others, would be a beneficiary of a Central Bank Project in the offing which would comprehensively be taking care of the infrastructural needs. Toso Alabi (Apollo) and Hassan Bolarinwa (Emperor Giga) were therefore mandated to discuss and harmonise the issues with the Principal, and report areas so identified which those other initiatives would not be touching. Warm regards and luv to your families Prof. Oladejo Lawal Allan Dej) You are here: Home Alumni OGS News2 Class of 69 Reunion 2012	cc/2019-30/en_middle_0064.json.gz/line1506
__label__wiki	0.901478	0.901478	Trump Just Picked Another Fight With Macron Alan Crawford Bloomberg July 11, 2019 (Bloomberg) -- Want to receive this post in your inbox every day? Sign up for the Balance of Power newsletter, and follow Bloomberg Politics on Twitter and Facebook for more. As the U.S.’s first and oldest ally, France has had its ups and downs with Washington since their treaty of 1778.The Trump administration's latest actions treat France more like an enemy, and risk sending relations with President Emmanuel Macron to a new low. The U.S. is to investigate French plans to tax technology giants like Facebook and Amazon over concerns the move “unfairly targets American companies.” That’s the same grounds used to impose tariffs on China. The move may wrong-foot the European Union, with its leadership in transition and already shaken by President Donald Trump’s threat of 25% tariffs on car exports. It also drives a wedge between Berlin and Paris, since auto giant Germany is keen to move ahead with talks on a limited U.S.-EU trade deal that are stalled amid French opposition to including agriculture in any accord. What’s more, Trump has options to skirt the EU and hit France over the digital tax, which is expected to pass the Senate in Paris today. One proposal would double tax rates for French citizens and companies in the U.S. The standoff makes for difficult discussions among Group of Seven finance ministers next week, then G-7 leaders next month. The host? France. Global Headlines Gulf standoff \| The U.K.'s Royal Navy intervened to stop Iranian vessels blocking a British oil tanker from leaving the Persian Gulf, heightening friction just as European nations scramble to salvage a landmark nuclear accord. The incident comes after U.K. forces seized a tanker off Gibraltar that was suspected of carrying Iranian oil to Syria. The tensions complicate efforts to contain a crisis over Iran’s compliance with the nuclear accord after Trump unilaterally pulled the U.S. out of the deal last year. Warren's pitch \| Democratic presidential contender Elizabeth Warren’s trademark pitch of her personal story blended with detailed policy proposals has helped her win over white liberals. Now, she hopes her message will resonate with African Americans, a crucial Democratic constituency that will play a large role in deciding who will challenge Trump next year. She's trying to avoid missteps made by her chief progressive rival, Bernie Sanders, that helped doom his 2016 campaign. Click here for up-to-the-minute news and analysis on the 2020 race. Hurdle cleared \| Lawmakers in Brazil’s lower house voted to reform the pension system, potentially unlocking big budgetary savings and establishing a minimum retirement age. While the bill faces other legislative obstacles, it’s a win for President Jair Bolsonaro, who campaigned on tackling the pension issue but faced months of administration infighting and a hostile opposition. Sao Paulo state governor Joao Doria told Bloomberg it was a good step but more was needed to pull Brazil’s economy out of three years of sluggish growth. Pointed message \| Trump administration officials signaled support for pro-democracy protesters in Hong Kong – and defiance toward the Chinese government – by granting high-level meetings to a Hong Kong publisher who has drawn Beijing’s ire. Jimmy Lai, a democracy advocate, met this week with National Security Advisor John Bolton, Vice President Mike Pence, Secretary of State Michael Pompeo and a trio of Senate Republicans. Boycotts and Bickering \| Japan and South Korea plan their first talks tomorrow since Tokyo slapped export restrictions last week on specialist materials vital for its neighbor's tech sector. There is not much political incentive for a climb down on either side to the countries' worst spat in years, Isabel Reynolds and Jihye Lee report, while simmering anger in South Korea is lending momentum to a movement to boycott Japanese goods. Turkey is set to take delivery of Russia's S-400 missile-defense system any day now, despite U.S. warnings. All eyes in Berlin will be on Chancellor Angela Merkel’s public appearance today after a recent series of shaking attacks that have prompted media questions over her assertion that she is fine. Federal Reserve Chairman Jerome Powell told U.S. House lawmakers he wouldn’t step down if Trump attempts to fire him, saying it’s “essential” the central bank “maintains its independence from the executive branch.” He’s scheduled to appear today before a Senate panel. The White House is holding a closed-door social media summit today that’s short on social media companies and long on fringe conservative voices that back up Trump’s claims of being silenced online. And finally....Partisan accusations over U.S. border security and migrants’ rights were briefly silenced yesterday as a grieving mother told House lawmakers how her 2-year-old daughter Mariee grew sick and died after detention by Immigration and Customs Enforcement. Yazmin Juárez tearfully recounted their journey from Guatemala to Texas, where she said they slept on the floor and were “locked in a cage with about 30 other people.” Juárez said she fled Guatemala to seek a better life for her child. Instead, she watched her die “slowly and painfully.” --With assistance from Rosalind Mathieson and Jon Herskovitz. To contact the author of this story: Alan Crawford in Berlin at acrawford6@bloomberg.net To contact the editor responsible for this story: Anthony Halpin at thalpin5@bloomberg.net, Kathleen Hunter For more articles like this, please visit us at bloomberg.com ©2019 Bloomberg L.P. MS-13 Members in Los Angeles Hacked Victims to Death With Machetes: Prosecutors Russian dissident credits McCain with saving his life	cc/2019-30/en_middle_0064.json.gz/line1510
__label__wiki	0.640805	0.640805	California Deputy Shoots Child while Shooting Family Dog byCarlos Miller Aug 15, 2018 -edited Another cop fearing for his life when greeted by a dog. For at least the second time in less than a year, a law enforcement officer shot a child while trying to shoot the child's dog. Fortunately in both cases, neither the child nor the dog died but it does raise make one wonder why are cops so afraid of family dogs, killing them on a regular basis when we never hear about mail carriers, delivery drivers and meter readers killing dogs. The latest incident took place Tuesday in Southern California when a San Bernardino sheriff's deputy was responding to a home on a disturbance call, according to the San Bernardino Sun. The deputy knocked on the door and an 11-year-old opened it. But they claim a German Shepard came charging at the deputy in a "threatening manner," which could easily mean the dog ran up to the deputy to sniff him as dogs tend to do. But the deputy feared for his life and pulled out his gun, firing off a round, which struck the dog in its paw and side before ricocheting off the cement and striking the child in the leg. It is unclear at this time if the incident was captured on bodycam video. The family member who was causing the disturbance had already left when the deputy arrived. Last December, a Kansas cop was inside a residence when a dog entered the room, making him fear for his life, which was when he pulled out his gun and fired twice, striking a 9-year-old girl in the eye. It took six months for that video to be released, which you can see here. Call your CA state pol droids and tell them to vote for SB 1421. Senator Skinner Introduces SB 1421 to Open Law Enforcement Records This week, Senator Nancy Skinner (D-Berkeley) introduced language for SB 1421 which will make law enforcement records related to… sd09.senate.ca.gov	cc/2019-30/en_middle_0064.json.gz/line1511
__label__wiki	0.56153	0.56153	Manager Jimmy Henchman Wanted For Dealing Cocaine NEW YORK – Jimmy “Henchman” Rosemond, who manages rap act “The Game” and Akon is wanted for allegedly distributing cocaine according to the New York Post. Sources say the warrant was issued last week for the Czar Entertainment chief after he was indicted for alleged involvement in cocaine distribution, and he has yet to be located. A law enforcement official confirmed that a fugitive warrant is out for Rosemond Hip-Hop Manager Jimmy “Henchman” Rosemond Named As Federal Informant Jimmy Henchmen Rosemond , News	cc/2019-30/en_middle_0064.json.gz/line1513
__label__wiki	0.939303	0.939303	Philando Castile Caused His Death, Cop Lawyers Claim Attorneys for St. Anthony, Minnesota police officer Jeronimo Yanez made the claim in an effort to have charges dismissed. Written By Clarissa Hamlin Lawyers for the Minnesota cop who fatally shot Philando Castile during a traffic stop in July wrote in court papers this week that the victim was “negligent” and caused his own death, reports CBS News. The team of attorneys for St. Anthony, Minnesota, police officer Jeronimo Yanez asserted that Castile, 32, a Black elementary school cafeteria worker who was shot seven times, was high on marijuana while driving and ignored the officer’s order on July 6. Yanez was charged with three felony counts — second-degree manslaughter and two counts of dangerous discharge of a firearm, reports the Star Tribune. “He’s the first Minnesota officer charged in an on-duty killing in modern memory,” the report says. Yanez stopped Castile and his girlfriend, Diamond Reynolds, on a traffic violation in the St. Paul suburb of Falcon Heights before the fatal shooting. Reynolds livestreamed the horrifying aftermath on Facebook in a post that sparked more national debates about racial profiling and police misconduct. But this week, Yanez’s defense team requested a dismissal of charges and made a number of claims, writes CBS News: But in the defense documents, attorney Earl Gray wrote that Castile never told Yanez he had a permit to carry. Gray wrote that an objective review of squad car video confirms Yanez’s account of self-defense, “but more importantly why Mr. Castile himself was culpably negligent and was the substantial cause of his own demise.” “He should not even have been driving while under the influence. He should have showed his hands. He should not have reached for the handgun,” Gray wrote. The defense attorney also claimed that autopsy results showed Castile had high levels of THC in his blood, and hired an expert to testify that the victim was intoxicated during the fatal shooting. “How could it be that Officer Yanez knew or could have known that when Mr. Castile reached for his gun he would not shoot a police officer dead,” Gray stated, writes CBS. Glenda Hatchett, the Castile family’s attorney, said the “charges speak for themselves” and offered no further comment on the claims. In related news, the St. Anthony police department has consented to a review by the U.S. Department of Justice as part of a “collaborative reform” effort, NBC News reports. SOURCE: CBS News, NBC News, Star Tribune Philando Castile’s Girlfriend Addresses Charges Against Cop Officer In Philando Castile Fatal Shooting Charged With Second-Degree Manslaughter Celebrities React To The Death Of Philando Castile America’s criminal justice system , Cop Shooting , Philando Castile , Police Bruatlity More By Clarissa Hamlin Welcome To The Cookout: 10 Lit Films To Watch On July Fourth Will Anita Hill Haunt Joe Biden’s 2020 Campaign With Black Voters? Why Mardi Gras Is Important To Black Folks	cc/2019-30/en_middle_0064.json.gz/line1514
__label__wiki	0.923746	0.923746	DHS Chief On What’s Being Done To Help Families Living In Squalid Conditions As Part Of SOTA Program Filed Under:Ali Bauman, Department of Homeless Service, DHS, Forgotten Families, Local TV, New Jersey, New York, Steven Banks NEW YORK (CBSNewYork) – For seven days, CBS2 has reported on seven families who say the city moved them out of shelters to broken down homes in New Jersey. Those families say they were misled about the program designed to help them. CBS2’s Ali Bauman interviewed Department of Homeless Services commissioner Steven Banks to hear his side of the story. Collapsed ceilings, frozen faucets, broken heaters, mice and flooding – they’re all a part of the New Jersey homes CBS2 has shown you that are paid for by the New York City Department of Homeless Services, or DHS. “If you were homeless and desperate and in a shelter, would you have moved into one of these houses these families moved into?” Bauman asked Banks. “For a working family, this is one of the few options to move out of shelters,” Banks said. The DHS Special One Time Assistance program – known as SOTA – covers one year’s rent for eligible working parents to move out of shelters, using taxpayer money the city pays private landlords up front and in full, at about $17,000 per family. “Thirty five hundred families have taken advantage to move out of shelter. About a third within New York City, more than half out of New York City,” Banks said. “Only 70 families have come back to our shelter system. Web Extra: What Rights Do Homeless Tenants Have In NYC? “But you don’t know how many moved to other shelter systems?” Bauman asked. “They’re making a choice to move out of New York City because the affordability challenge we have in this city,” Banks said. But more than half a dozen families have told CBS2 DHS pressured them to move out of state. When landlords would not make repairs, the families say DHS did not help. “I learned about this as a result of your reporting,” Banks told Bauman. “Why didn’t you know about this before? Because they were reaching out to DHS,” Bauman asked. “I know about it now and we’ve committed the resources to find other housing for families you’ve identified and other families we’re reaching out to identify,” Banks said. “We’re concerned there’s a group of families victimized by individuals. We’re working with law enforcement to hold those individuals accountable.” “We made a change to address a problem we identified, which was families moving in voluntarily based on the promise to make repairs, then those repairs not materializing as a result of the rule change in October. That cant happen again,” Banks said. “What happened to those people who signed leases between January and October?” Bauman asked. “We’re very much focused on addressing the families that have been identified to us by you,” Banks said. The very first family CBS2 profiled is back in a city shelter after New Jersey inspectors deemed their house uninhabitable. On Thursday, Kevin Nicholson told Bauman no one from DHS has talked to him about new housing since CBS2’s first report. “What is your agency doing right now specifically to help those dozen families?” Bauman asked. “We’re looking for other housing for those families in a tight housing market,” Banks said. “We want to get them out of the situations they’re in.” Through our investigation, CBS2 found proof that the Department of Homeless Services had been notified about these terrible living conditions more than year ago.	cc/2019-30/en_middle_0064.json.gz/line1515
__label__wiki	0.627929	0.627929	March Business Barometer Uncertainty weighs on Scottish business confidence, according to regional Business Barometer report The Bank of Scotland’s Business Barometer for March 2018 shows: Overall confidence for firms in Scotland fell 23 points last month to 12 per cent Firms’ confidence in their own business prospects was 18 per cent Economic optimism remains positive but now stands at just five per cent A net balance of 10 per cent of Scottish firms now expect to hire more staff this year Business confidence in Scotland fell 23 points to 12 per cent in March, according to the latest Business Barometer from Bank of Scotland Commercial Banking. Companies in Scotland report lower confidence in their business prospects, with a net balance of 18 per cent of firms expecting business activity to increase. Similarly, economic optimism also fell, with a net balance of just five per cent now saying they are more optimistic about the economy than they were three months ago. Together, this gives an overall confidence of 12 per cent, compared with last month’s figure of 35 per cent. The figure means Scotland’s overall confidence across the first three months of 2018 stands at 21 per cent. While companies’ hiring intentions also fell, a net balance of 10 per cent of businesses still expect to hire more staff during the next year, demonstrating that they remain prepared to invest in growth, despite ongoing uncertainty. Nationally, overall confidence fell one point to 32 per cent, driven by a dip in firms’ economic optimism. The Business Barometer questions 1,200 businesses monthly and provides early signals about UK economic trends both regionally and nationwide. Jane Clark-Hutchison, regional director at Bank of Scotland Commercial Banking said: “While Scottish businesses are feeling the effects of both economic and political uncertainty, confidence is still in positive territory. “As a result, we are still seeing businesses looking to hire and planning for growth with a sense of cautious optimism, which is encouraging considering the unsettled landscape.” Across Scotland, a net balance of 13per cent of businesses said they felt that the UK’s exit from the European Union was having a negative impact on their expectations for business activity. Regional picture Overall confidence was highest among businesses in London, at 55 per cent, followed by the West Midlands at 42 per cent and the North West at 39 per cent. Businesses in the South East and Wales were least confident, both with an overall confidence of 13 per cent, 19 points below the national average of 32 per cent. Growing confidence in transport and manufacturing Overall confidence in March was strongest in the transport and manufacturing sectors, at 55 per cent and 49 per cent respectively. In contrast, it was weakest in wholesale (11 per cent) and hospitality and leisure (18 per cent). Hann-Ju Ho, senior economist for Bank of Scotland Commercial Banking, said: “While firms’ confidence in their business prospects improved slightly in March, overall business confidence was held back by a fall in economic optimism. “Recent progress on the Brexit negotiations has reduced uncertainty, which could continue to support business confidence going forward. The risk of rising global protectionism, however, is a growing concern.” The Business Barometer’s measure of overall business confidence is the average of responses about how businesses regard the economic outlook and their own trading prospects. The overall ‘balance’ of opinion weighs up the percentage of firms that are positive in outlook against those that are negative. Responses are weighted to reflect the composition of the economy. The industrial sector in this report represents mainly manufacturing and construction; the consumer services sector comprises distribution and transport & communications; business & other services consists of financial & business services and the public sector. The Business Barometer results provide early signals about UK economic trends. The survey started in January 2002 and research is carried out monthly on behalf of Lloyds Banking Group by BDRC Continental. This survey was conducted with around 1,200 companies – including 100 businesses in Scotland - with turnover above £1 million between 1st and 15th March 2018.	cc/2019-30/en_middle_0064.json.gz/line1519
__label__wiki	0.50591	0.50591	A centrosome clustering protein, KIFC1, predicts aggressive disease course in serous ovarian adenocarcinomas Karuna Mittal1, Da Hoon Choi†1, Sergey Klimov†1, Shrikant Pawar1, Ramneet Kaur2, Anirban K. Mitra3, Meenakshi V. Gupta4, Ralph Sams5, Guilherme Cantuaria6, Padmashree C. G. Rida1, 7Email author and Ritu Aneja1Email author †Contributed equally © Mittal et al. 2016 Accepted: 5 March 2016 Amplified centrosomes are widely recognized as a hallmark of cancer. Although supernumerary centrosomes would be expected to compromise cell viability by yielding multipolar spindles that results in death-inducing aneuploidy, cancer cells suppress multipolarity by clustering their extra centrosomes. Thus, cancer cells, with the aid of clustering mechanisms, maintain pseudobipolar spindle phenotypes that are associated with low-grade aneuploidy, an edge to their survival. KIFC1, a nonessential minus end-directed motor of the kinesin-14 family, is a centrosome clustering molecule, essential for viability of extra centrosome-bearing cancer cells. Given that ovarian cancers robustly display amplified centrosomes, we examined the overexpression of KIFC1 in human ovarian tumors. We found that in clinical epithelial ovarian cancer (EOC) samples, an expression level of KIFC1 was significantly higher when compared to normal tissues. KIFC1 expression also increased with tumor grade. Our In silico analyses showed that higher KIFC1 expression was associated with poor overall survival (OS) in serous ovarian adenocarcinoma (SOC) patients suggesting that an aggressive disease course in ovarian adenocarcinoma patients can be attributed to high KIFC1 levels. Also, gene expression levels of KIFC1 in high-grade serous ovarian carcinoma (HGSOC) highly correlated with expression of genes driving centrosome amplification (CA), as examined in publically-available databases. The pathway analysis results indicated that the genes overexpressed in KIFC1 high group were associated with processes like regulation of the cell cycle and cell proliferation. In addition, when we performed gene set enrichment analysis (GSEA) for identifying the gene ontologies associated to KIFC1 high group, we found that the first 100 genes enriched in KIFC1 high group were from centrosome components, mitotic cell cycle, and microtubule-based processes. Results from in vitro experiments on well-established in vitro models of HGSOC (OVSAHO, KURAMOCHI), OVCAR3 and SKOV3) revealed that they display robust centrosome amplification and expression levels of KIFC1 was directly associated (inversely correlated) to the status of multipolar mitosis. This association of KIFC1 and centrosome amplification with HGSOC might be able to explain the increased aggressiveness in this disease. These findings compellingly underscore that KIFC1 can be a biomarker that predicts an aggressive disease course in ovarian adenocarcinomas. Centrosome amplification Centrosome clustering KIFC1 Serous ovarian adenocarcinoma Ovarian cancer is the sixth most common cancer affecting women worldwide and is the fifth leading cause of deaths related to gynecological malignancies with less than 40 % overall cure rate [1]. The overall mortality of ovarian cancer has remained largely unchanged over the past decades even though there is a great advancement in surgical and therapeutic approaches [2]. The standard treatment for ovarian cancer patients is debulking surgery followed by a platinum- based chemotherapy (cisplatin and carboplatin) [3, 4]. One of the primary causes of the high mortality and poor survival in ovarian cancer is the diagnosis at late stages [5]. Despite years of extensive research, there is still a dearth of reliable biomarkers for early detection, prognosis, and predicting disease aggressiveness. Since ovarian cancer is a heterogeneous disease with different histopathological features and clinical behavior, a better understanding of molecular subtypes and search for clinically-facile prognostic factors that can aid in histological subtyping is imperative. Greater than 90 % of malignant ovarian tumors are epithelial ovarian carcinomas (EOC) comprising of various subtypes namely serous, endometrioid, clear cell, transitional cell, squamous cell and mucinous carcinomas [6, 7]. About 70–80 % of all cases are serous ovarian cancer (SOC) among which high-grade serous ovarian cancer (HGSOC) is the most prevalent [8]. Intriguingly, HGSOC shares similar genomic features with triple negative breast cancer (TNBC) as per reports from Cancer Genome Atlas (TCGA) Network analysis; in particular, the deregulated pathways characterizing HGSOC are very similar to those in TNBC [9]. Several independent studies have indicated that HGSOC is associated with very high genomic instability and chromosomal aberrations including intrachromosomal breaks and aneuploidy, which incidentally, also typify and drive intratumoral heterogeneity in TNBC [10, 11]. Specifically, the most common mutations present in both kinds of tumors (HGSOC and TNBC) are of p53 and BRCA1/2. It is well established that BRCA1 and BRCA2 tumor suppressor genes directly preserve genomic stability by regulating DNA repair, p53-mediated cell cycle checkpoint control as well as centrosome duplication cycle [12–14]. These findings establish the causative link between BRCA1 and BRCA2 mutations and extensive chromosomal instability found in HGSOC patients. Furthermore, HGSOC tumors frequently overexpress cyclin E and Aurora-A, resulting in aberrant activation of the centrosome duplication cycle that induces centrosome amplification (CA), and eventually genetic instability fueling ovarian cancer progression [15–17]. CA results in numerous and voluminous centrosomes [18]. Subjectively, the presence of supernumerary centrosomes sets the stage for the formation of multipolar spindles that may succumb to a mitotic catastrophe. However, cancer cells avoid this calamitous fate by clustering their extra centrosomes at the two spindle poles, which allows them to evade cell death but ultimately engenders low-grade aneuploidy and genetic instability [19–21]. KIFC1, a nonessential kinesin motor protein, also known as HSET, plays a critical role in clustering of extra centrosomes in cancer cells. Recently several studies have shown that knockdown of KIFC1 in cancer cell lines containing supernumerary centrosomes causes the excess centrosomes to be scattered by pole-separating forces that induce spindle multipolarity and cell death. However, KIFC1 is not required for bipolar spindle assembly in healthy somatic cells [22, 23]. We recently demonstrated that EOC clinical samples harbor extra centrosomes and display high levels of centrosome clustering in interphase as well as mitosis. In addition, the study highlighted that the gene expression levels of KIFC1 are higher in EOC when compared to normal ovarian tissues in silico and is associated with worse prognosis and survival [24]. To further understand and validate results of our previous study, we herein evaluated KIFC1 expression in clinical samples of ovarian cancer by utilizing immunohistochemical staining. Our results indicated higher KIFC1 expression in EOC tumor samples when compared to normal tissues. Furthermore, KIFC1 expression levels in EOC increased with an increase in tumor grade. To understand better the association of KIFC1 with CA, we examined correlations between expression levels of KIFC1 and genes driving CA. Intriguingly, higher gene expression levels of KIFC1 was significantly correlated to expression of CA-driving genes. When GSEA was performed for the genes enriched in KIFC1-high group, they were also found to be related to centrosome components and microtubule-based processes. We further validated the correlation by doing quantitative analysis of CA and extent of clustering in cell lines derived from SOC patients. Our results indicated that KIFC1 was highly expressed in these in vitro models of SOC and was also associated to levels of centrosome clustering (mitotic), enabling cells to bypass mitotic catastrophe. Taken together our findings underscore that KIFC1 is a potential prognostic biomarker in ovarian adenocarcinomas wherein expression levels of KIFC1 may predict the course of disease aggressiveness. Work is underway in our laboratory to pin point molecular mechanism to explain the association of KIFC1 and CA with ovarian cancer aggressiveness and poor patient outcomes. KIFC1 is overexpressed in Epithelial Ovarian adenocarcinoma (EOC) clinical samples We first examined whether KIFC1 is upregulated in human ovarian cancers by analyzing KIFC1 overexpression in EOC clinical samples. To this end, we immunostained paraffin-embedded formalin-fixed tissue microarrays of EOC (n = 120) and normal ovarian epithelial tissue (n = 13) for KIFC1. The staining intensity was scored as 0 = none, 1 = low, 2 = moderate, or 3 = high, and percentage of positive cells (i.e., with 1+ staining intensity) from randomly selected fields (~500 cells) was determined [18]. The product of the staining intensity and the percent of positive cells constituted the Weighted Index (WI). Descriptive statistics regarding patient and clinicopathological characteristics is given in Tables 1, 2 and 3. In consonance with our previously published study [24], our immunohistochemical analysis showed overexpression of KIFC1 in EOC tissues with negligible expression in normal ovarian epithelial tissue (Fig. 1A). We found that the number of positively-stained nuclei per field in high-grade ovarian cancers (Fig. 1A) was significantly higher compared to low-grade ones. We then compared the nuclear KIFC1 WI values for normal and tumor samples and also across grades for tumor samples. Interestingly, we observed that nuclear KIFC1 WI was significantly higher in EOC tissues when compared to normal tissues (p < 0.01). Also, the nuclear KIFC1 WI increased with increasing tumor grade (Figure 1Bii) (p < 0.05). Among subtypes, we noticed that the number of positively-stained nuclei per field in high-grade serous ovarian cancers (Additional file 1: Figure S1A) was significantly higher compared to low-grade serous ovarian cancers (p < 0.05). Collectively, these observations indicate robust KIFC1 overexpression in human ovarian adenocarcinoma and strong association of KIFC1 expression levels with clinical progression of the disease. These data suggest that KIFC1 might play an active role in driving the progression of tumors into more malignant and aggressive forms. Descriptive statistics for patient and clinicopathologic characteristics in the analysis of KIFC1 levels in tumors and matched normal tissue SD = standard deviation 61< Primary Tumor (T) Regional Lymph Nodes (N) Distant metastasis Description of the subtypes of epithelial ovarian cancer for clinical samples included in the anlaysis of KIFC1 levels Pathological diagnosis Serous Adenocarcinoma Serous Papillary Adenocarcinoma Endometrioid Adenocarcinoma Metastatic Adenocarcinoma Metastatic Mucinous Adenocarcinoma Mucinous Adenocarcinoma Clear Cell Carcinoma Serous Papillary Carcinoma Serous Papillary Cystadenocarcinoma Descriptive statistics and clinicopathologic characteristics for patients included in in silico analysis of KIFC1 expression and overall survival Age (Range) Cancer site FIGO Stage Survival Status No Recurrence High grade epithelial ovarian carcinomas exhibit higher expression of KIFC1 than low-grade adenocarcinomas and uninvolved, adjacent normal tissues. A Low magnification (4x) and their corresponding higher magnification (20x) images depicting KIFC1 expression in normal, low-grade and high-grade EOC tissues. The tissues were stained for KIFC1 (brown) and nuclei (blue). Scale bar (red) 20 μm. Bi Box-whisker plot depicting the weighted index (WI) of KIFC1 expression in normal and tumor tissue. Bii Box-whisker plot representing the WI for KIFC1 expression in low and high-grade EOC samples Enhanced KIFC1 gene expression is associated with poor survival in HGSOC patients Having established a significant correlation between KIFC1 expression and tumor differentiation, we next wanted to determine if there is any association between KIFC1 gene expression and clinical outcomes (overall survival (OS)) for ovarian cancer patients. To this end, we examined single channel microarray data from GEO (GSE9899) [25] to compare the expression levels of KIFC1 among different subtypes. Interestingly, we found that the gene expression levels of KIFC1 were significantly higher in serous ovarian adenocarcinoma (n = 154) when compared to all other subtypes (Borderline serous adenocarcinoma, n = 18 and Peritoneal serous adenocarcinoma, n = 22) (Fig. 2A). Further, we examined grade-wise trends in KIFC1 expression in serous ovarian adenocarcinoma. We observed a significant increase in KIFC1 expression levels with increasing grade (Fig. 2B). OS was calculated as the time interval (in months) from the date of histological diagnosis to date of death from any cause. We then carried out a survival analysis wherein patients were stratified into high- and low-KIFC1 expressing subgroups using the optimal KIFC1 expression cut-point (based on the log-rank test). Irrespective of the histological subtypes (n = 284), those with higher KIFC1 expression had shorter OS (p < 0.067) than patients with lower KIFC1 (Additional file 1: Figure S2A). To investigate in-depth, we performed a similar survival analysis by stratifying serous ovarian adenocarcinoma patients (n = 201) on the basis of site (primary, n = 154 and metastatic, n = 47) of sample collection. Univariate regression revealed high KIFC1 gene expression correlated significantly (HR = 2.14, p = 0.024) with poor OS in primary tumors only (Fig. 2C) but not in metastatic ones (data not shown). This association stayed significant (HR = 2.6, p = 0.006) during multivariate analysis when potentially confounding factors like grade and tumor stage were added (Additional file 1: Figure S2B). In sum, enhanced gene expression level of KIFC1 in primary tumors is strongly associated with poor clinical outcomes. KIFC1 is highly expressed in High grade serous ovarian adenocarcinoma and is associated with poor overall survival. A Box-whisker graphs depicting the expression levels of KIFC1 among different subtypes of ovarian cancer. B Box- whisker graphs depicting the expression levels of KIFC1 in serous ovarian adenocarcinoma in different tumor grades. Ci Kaplan-Meier plots showing overall survival of HGSOC patients based on low or high expression of KIFC1 gene. Cii Summary of the number of censored and uncensored values for the Kaplan-Meier survival analysis KIFC1 gene expression correlates with expression of genes related to centrosomal amplification in serous ovarian cancer Next, we sought to examine the correlation of KIFC1 and genes driving CA. We analyzed expression levels of genes including CCNA2, CDK1, NEK2, AURKA, MYCN, CCNE2, STIL, LMO4, PLK4, MDM2, CEP63, E2F1, E2F2, E2F3, CEP152, PIM1, PIN1 andCCND1, whose deregulation is known to drive CA [18, 26–28]. Specifically, we tested the associations between Robust Multi-array Average-normalized expression levels of these genes in primary SOC from 154 patients using Gene Expression Omnibus (GEO) series GSE9899. Higher expression of KIFC1 was significantly correlated with high expression of CCNA2, CDK1, NEK2, AURKA, E2F2, MYCN, STIL, CCNE2, E2F3, LMO4, PLK4, PIN1 and E2F3 (Table 4). These results suggest that KIFC1 upregulation and enhanced centrosome clustering in the serous ovarian adenocarcinomas may enable tumor cells to manage their increased centrosomal load, avert mitotic catastrophe and promote survival. Correlation between expression levels of KIFC1 and genes whose dysregulation drives centrosome amplification Pearson correlation CCNA2 <.0001 AURKA LMO4 PIM1 Next, we identified the biological processes which are deregulated in the KIFC1 high risk group. To this end, we probed the publicly-available microarray dataset (GSE9899) and stratified the 154 serous ovarian adenocarcinoma patients from the dataset into KIFC1-high and KIFC1-low groups. We then identified the gene ontologies of significantly overexpressed genes associated with the KIFC1-high group utilizing the PANTHER classification system. When pathway analysis was performed we found that majority of the genes overexpressed were associated to cellular processes like cell communication, cell cycling, cytokinesis and cell proliferation (Fig. 3Ai, ii). We then validated these results by performing the Gene set enrichment analysis (26). We found that KIFC1 high group was significantly (Fdr <0.25 and ES p < 0.05) enriched in centrosome and cell cycle gene sets (Fig. 3Bi,ii and Additional file 1: Figure S3A) (see Additional file 1: Tables S1, S2 and S3 for these and all other enriched gene ontologies). The results from GSEA showed that the top 100 gene sets enriched in KIFC1 high group were among the ones which plays key roles in, driving CA (NEK2, PLK1,CCNA2), clustering centrosomes (PRC1), microtubule spindle (KIF11, NUSAP1, NUMA1) etc. Altogether our data shows that the KIFC1-high group had a preponderance of genes representing all four important mitotic kinases –namely Polo-like kinases (PLK1), Aurora kinases (AURKA, AURK B), cyclin dependent kinases (CDK1) and NIMA related kinases (NEK1, NEK2). The coordination of progression through mitosis is mainly orchestrated by protein phosphorylation ensured by these kinases. Thus, it is reasonable to speculate that overexpression of these kinases results in deregulation of the cell cycle resulting in abnormal mitosis that generates cells with aberrant centrosomes and abnormal chromosomal content. Gene set enrichment analyses for biological processes associated to KIFC1 high group. Ai Biological processes enriched in KIFC1 high group. Aii Cell cycle processes enriched in KIFC1-high group. Bi Enrichment plots of centrosome-related genes. Bii Enrichment plot of genes associated with cell cycle progression, with red indicating correlation with the KIFC1-high group and blue the KIFC1-low group HGSOC cell lines show higher incidence and severity of centrosome amplification Having confirmed the association between upregulation of KIFC1 gene and CA genes in HGSOC, we wanted to investigate the CA profile in well-established in vitro cell lines that mimic HGSOC. To this end, we first screened four well-established cancer cell lines (namely, KURAMOCHI, OVCAR3, OVSAHO and SKOV3 by immunostaining centrosomes (γ-tubulin, green) and microtubules (α-tubulin, red) and counterstaining nuclei with DAPI (blue) Fig. 4a. Employing confocal microscopy we imaged 10 areas of interest (at least 500 cells were counted per cell type). Cells with abnormal number (more than two) of gamma tubulin spots were considered as cells with amplified centrosomes. We found that KURAMOCHI exhibited the highest percentage of cells with amplified centrosomes (~38 %) followed by OVSAHO (~24 %), OVCAR3 (~15 %) and SKOV3 (~9 %) (Fig. 4b). In a recent molecular profiling study by Domcke et al., KURAMOCHI and OVSAHO were selected as the representative cell lines for HGSOC [29]. Thus, our findings here parallel previous studies that recognize CA as a biomarker of aggressive tumors. Furthermore, we validated our results by evaluating the expression levels of centrosome-related proteins by performing immunoblotting assays. We found that the cell lines with high CA (KURAMOCHI and OVSAHO) expressed higher levels of centrosome structural proteins (densitometry values for centrin-2 relative to loading control β actin (KURAMOCHI - 0.291445, OVSAHO - 0.432561) and proteins whose dysregulation is known to drive CA (for Cyclin-E and Aurora A, KURAMOCHI- 0.194213 and 0.256828, OVSAHO- 0.428814, 1.664283 respectively) (Fig. 4c). Our next step was to investigate if aberrations in centrosome numbers among the different cell lines had any bearing on the mitotic spindle geometry. Interestingly, we found that the percentage of multipolar mitotic cells in three cell lines (OVSAHO, SKOV3 and OVCAR3) was lower (by ~2 fold) in comparison with the proportion of cells with supernumerary centrosomes (Fig. 4b). This difference in the proportion of cells with CA and multipolar spindles clearly supports the hypothesis that ovarian cancer cells cluster supernumerary centrosomes to form pseudobipolar poles. But as the results here indicate that KURAMOCHI showed significantly more multipolar mitoses when compared to the other ovarian cancer cell lines we tested, we evaluated if there existed variability in the level of clustering molecules that help cancer cells to deal with supernumerary centrosomes by corralling them to form pseudobipolar spindles [24]. To this end, we performed immunoblotting to evaluate expression level of centrosome clustering protein KIFC1 in cell lysates obtained from the ovarian adenocarcinoma cells (KURAMOCHI, OVCAR3, OVSAHO and SKOV3). We found that all the three cell lines with pronounced centrosomal clustering expressed higher levels of KIFC1 (SKOV3- 0.342396, OVCAR3- 0.204796 and OVSAHO- 0.452534) whereas negligible KIFCI expression was noted in KURAMOCHI (0.145452). It is noteworthy to mention that a recent report shows that KURAMOCHI is the only cell line that did not induce tumorigenesis in vivo [11]. This finding resonates with our notion that centrosome clustering is essential for the viability of cancer cells with extra centrosomes and therefore determines their tumorigenicity. HGSOC cell lines show higher incidence and severity of Centrosome amplification. a Confocal microscopic images showing the presence of centrosome amplification and clustering in ovarian cancer cell lines. Centrosomes and microtubules were visualized by immunostaining for γ-tubulin (green) and α-tubulin, respectively, and DNA was stained using DAPI (blue). Scale bar (white) 5 μm. b Bar graphical representation of percent cells showing centrosome amplification and multipolar mitosis in human ovarian cancer cell lines. 500 cells were counted in each case. c Immunoblots showing the levels of KIFC1 and centrosomal markers in ovarian cancer cells lines (KURAMOCHI, OVCAR3, OVSAHO, and SKOV3) The in vitro findings were validated in silico by probing publically-available microarray dataset using Gene set. We interrogated publically-available microarray dataset of ovarian cancer cell lines (GSM133614, GSM133609, GSM887467 and GSM887488). We calculated a cumulative gene expression-based centrosome amplification index (CAI) by adding log-transformed, normalized gene expression for both structural centrosomal proteins (CETN2 (centrin-2), TUBG1 (γ-tubulin), PCNT2 (pericentrin)), and genes implicated in centrosome amplification (PLK4 (polo-like kinase 4) and CCNE1 (cyclin E) genes) (Additional file 1: Fig. S4 Ai). The analysis showed that CAI genes are expressed in all cell lines but is highest in OVSAHO. In addition, we evaluated gene expression levels of KIFC1 and found that the gene expression levels of KIFC1 were higher in cancer cell lines in comparison to normal ovarian surface epithelial cells (Additional file 1: Figure S4 Aii). Taken together, our results indicated that CA and KIFC1 levels are associated with HGSOC cell lines. Ovarian cancer in the advanced stage remains the deadliest gynecologic malignancy. One of the major causes of the low five-year survival is the diagnosis at later stages after it has already metastasized beyond the pelvis [30]. While extensive literature contains information on the different kinds of biomarkers for ovarian cancer, risk predictive or prognostic markers that are utilized in clinical settings are few and far between. Generally, most researchers focus on single prognostic markers which may be insufficient for complete prognostic information, and also most of them have very low clinical utility. A combination of multiple factors needs to be considered simultaneously to more accurately predict a patient’s prognosis. Presence of heterogeneity in ovarian cancer is another key factor to be considered in prognosis as many ovarian cancer studies have failed to take into account differences in the histological subtype which clearly pose prognostic and therapeutic challenges [30, 31]. Essentially, these unique attributes and challenges can be addressed by personalizing treatments based upon the unique biomarker profiles of individual patients. Thus, a comprehensive understanding of risk predictive or prognostic factors with regard to histological subtype is imperative to devise relevant treatment strategies specific for the particular group of patients or tumor subtypes. Chromosomal instability (CIN) is the main cause of complex genomic alterations in tumorigenesis. Since CA engenders CIN, the role of CA driven karyotypic diversity is well studied in several malignancies including pancreatic ductal adenocarcinoma, TNBC and colon cancer [18, 20]. Several studies have highlighted the presence of supernumerary centrosomes in ovarian cancer suggesting that CA is a hallmark of ovarian cancer [32–34]. Recently, we also demonstrated the presence of amplified centrosomes in EOC [24]. Supernumerary centrosomes in cancer cells tend to cluster to manage the centrosomal load and thus escape from the perils of mitotic catastrophe. KIFC1 is well studied for its role in clustering supernumerary centrosomes [22, 23]. In our previous study, we emphasized the role of KIFC1 in tumor progression of EOC at the gene expression level [24]. In the present study we have validated those findings by immunostaining ovarian cancer tissue samples for KIFC1. Our findings show that KIFC1 expression increases with the grade in EOC. Among the various subtypes that comprise EOC, we found that KIFC1 expression was highest among high-grade SOC samples. This helped us to focus our study on HGSOC, which is a more prevalent and aggressive form of ovarian cancer. This strong relationship of KIFC1 with HGSOC suggests that KIFC1 may be directly involved in tumor development and in driving aggressiveness by allowing the cancer/poorly differentiated cells to escape mitotic catastrophe and thrive. Moreover, data from our GSEA analysis showed that BIRC5 gene, which codes for the protein Survivin, that performs dual roles in promoting cell proliferation and preventing apoptosis [35, 36], was among the first 20 enriched genes in KIFC1-high group. Thus, KIFC1 overexpression not only protects cancer cells from undergoing mitotic catastrope but also endows them with low-grade aneuploidy, as a form of genomic instability, and high levels of survival signaling that together facilitate tumor evolution and disease progression. This finding was bolstered by results obtained from in silico analysis wherein we found that primary tumors with higher gene expression of KIFC1 were associated with poor survival; by contrast, while samples collected from the metastatic sites showed similar expression levels of KIFC1 as in primary sites, high KIFC1 expression in metastatic sites was not significantly correlated to poor survival. This differential effect of high KIFC1 expression strongly suggests that elevated KIFC1 in primary sites perhaps helps tumor cells present in the primary sites to acquire karyotypic diversity (through CIN), which is more likely to lead to successful metastasis and poor survival. It is possible that once metastasis commences, high KIFC1 levels in the metastatic clones provides little further survival advantage for the cancer cells; alternatively, once metastasis occurs, the survival difference between KIFC1-high and KIFC1-low patients is no longer so marked. Further studies are required to gain more insights into these intriguing issues. Given the direct association of CA with KIFC1 in the present study, we examined the association of KIFC1 with CA-associated genes. Our in silico analysis indicated that in primary SOC samples KIFC1 expression was positively correlated to the expression of genes which drive CA. CCNA2, NEK2, and AURKA were among the top 10 genes which were highly correlated to KIFC1 expression. Role of NEK2, CCNA2, and AURKA as potential targets in ovarian cancer has been recently highlighted by a detailed systematic bioinformatic study [37]. Besides, this enrichment analysis showed that the KIFC1-high group was enriched in genes implicated in cell cycle regulatory processes, especially genes participating in G2-M transition and the spindle assembly checkpoint (MAD2, BUB1). Several studies in past have reported MAD1 and MAD2 overexpression in different malignancies, and association of this overexpression with aneuploidy and poor overall survival [38–40]. Thus, our findings from the GSEA and Pathway analysis suggests that KIFC1 overexpression drives overexpression of genes that control mitotic checkpoints (Additional file 1: Table S2), which by generating aneuploidy, accelerate tumor progression and evolution of more aggressive phenotypes. In line with these in silico findings, we found that cell line derived from HGSOC displayed robust CA, and the proteins which are known to drive CA were also highly expressed. Some recent studies on molecular profiling of ovarian cell lines have demonstrated that OVSAHO represents most of the characteristics (KRAS, p53 and BRCA1 and 2 mutations) of HGSOC [29] and is considered to be most aggressive cell line among all. From our study, we found that OVSAHO cells expressed the highest levels of KIFC1 and in spite of presence of interphase supernumerary centrosomes it showed significantly low level of multipolar mitosis. These findings clearly indicate that strong association of CA and clustering with KIFC1 overexpression, which leads to CIN, could be the underlying cause of aggressiveness in these cells. Testing effects of centrosome declustering drugs on these cells could prove to be advantageous. Taken together our results indicate that HGSOC overexpresses KIFC1, which is associated with poor overall survival suggesting a causative link between KIFC1 and tumor aggressiveness. These findings highlight KIFC1 as a potential biomarker to predict disease aggressiveness KIFC1 may also serve as a cancer-selective therapeutic target for high-grade serous ovarian adenocarcinoma patients. The four ovarian cancer cell lines primarily utilized in this study included OVCAR3, KURAMOCHI, SKOV3, and OVSAHO. The SKOV3 and OVCAR3 cell lines were obtained from ATCC and KURAMOCHI, and OVSAHO were obtained from JCRB. All the cell lines were cultured according to the instructions given by the company. Immunohistochemistry and scoring Formalin-fixed paraffin-embedded tissue microarrays (TMAs) for ovarian cancer were obtained from US, Biomax, Inc. Company provided the ethical statement to confirm that, all the participants provided their written consents and patient privacy and anonymity was maintained. TMAs were deparaffinized in a 60 °C oven for 20 min and placed in 3 consecutive xylene washes. Rehydration of the slides were carried out by putting them through a series of washes involving different concentrations of ethanol in water - 100 %, 95 %, 70 %, and 50 % - for 3 min each. The antigen retrieval process was done using a pressure cooker and 0.01 M citrate buffer with a pH of 6.1. The slides were heated at a temperature of 120 °C for 30 min. After cooling in ice for 20 min, the slides were first subjected to hydrogen peroxide blocking and then protein blocking (both obtained from ThermoScientific) for 20 min and 10 min, respectively. Tissues were incubated with anti-KIFC1 antibody (Abcam) for 1 h, before incubating with MACH2 HRP-conjugated secondary antibody (Biocare Medical) for 30 min. Enzymatic antibody detection using Betazoid DAB Chromogen Kit (Biocare Medical) was followed by nuclear staining with Myer’s hematoxylin (Dako). The staining intensity was scored as 0 = none, 1 = low, 2 = moderate, or 3 = high, and the percentage of KifC1-positive cells from 10 randomly selected fields (~500 cells) was determined. The product of the staining intensity and the percent of positive cells constituted the WI. Statistical analysis was performed using – Tukey’s post hoc test. Cell staining and imaging Cells were cultured on coverslips and, after the confluency reached approximately 80 %, the cells were fixed with ice-cold methanol for 7 min. The cells were blocked with 5 % BSA/0.01 % Triton X for 45 min at room temperature and then incubated at 37 °C with antibodies directed against γ-tubulin and α-tubulin at a dilution of 1:2000 for 30 min. The cells underwent quick washes 5 times with 1xPBS before being incubated with Alexa Fluor 488 anti-mouse and Alexa Fluor 555 anti-rabbit at a dilution of 1:2000 at 37 °C for 30 min. After washing the cells 8 times with 1x PBS briefly, the cells were then incubated with Hoechst 33342 (1:5000 dilution) at room temperature for 10 min. The cells were mounted with Prolong-Gold antifade reagent after being washed with 1x PBS 3 times and observed using Zeiss LSM 700 Confocal microscope (Oberkochen, Germany) and the images were processed with ZEN software (Oberkochen, Germany). Immunoblotting Cell lysates were prepared from 80 % confluent cells by scraping with 250ul of 1x lysis prepared from 10x cell lysis buffer (Cell Signaling). The 1x lysis buffer contained 1 mM b-glycerophosphate, 20 mM Tris–HCl (pH 7.5), 1 mM Na2EDTA, 1 mM Na3VO4, 150 mM NaCl, 1 mM EGTA, 2.5 mM Na4P2O7, 1ug/ml leupeptin, and 1 % Triton. Cell lysates were fractionated using 10 % SDS-PAGE gel. The samples were allowed to run at 70 V for 90 min. Protein transfer onto polyvinylidene difluoride (PVDF) membrane was done for 2 h via the wet transfer method at 70 V. The membrane was then blocked in 5 % non-fat, dry milk in 1x TBST for 1 h at room temperature and probed with the relevant antibodies at a dilution of 1:1000 overnight at 4 °C. Primary antibody incubation was followed by incubation with the corresponding secondary antibody at a dilution of 1: 10,000 for 1 h at room temperature. SuperSignal West Pico Chemiluminescent Substrate (ThermoScientific) was directly applied to the membrane for the subsequent analysis. Cyclin E and Centrin-2 antobodies were obtained from Santa Cruz Biotech, γ-tubulin from Dako, and KIFC1 and Aurora A antibodies from Abcam. In silico analysis One channel microarray data was downloaded from gene expression omnibus (GEO) database for primary ovarian cancer samples GSE 9899 [25]. Data was Mas5.0 normalized and was further taken for processing. Logarithm to the base 2-transformed KIFC1 expression levels from all ovarian cancer samples (n = 284) regardless of histotypes were extracted from GEO database. Further analysis were carried only on the serous adenocarcinoma samples (n = 200). Overall survival (OS) was calculated as the time interval (in months) from the date of histological diagnosis to date of death from any cause. KIFC1 was categorized into high and low groups based on the optimal overall survival cut - points using the log-rank test. Public microarray data analysis Robust Multi-array Average normalized expression levels of KIFC1 and genes which drive CA (CCNA2, CDK1, NEK2, AURKA, MYCN, CCNE2, STIL, LMO4, PLK4, MDM2, CEP63, E2F1, E2F2, E2F3, CEP152, PIM1, PIN1, CCND1) from the primary serous ovarian carcinoma of 154 patients were obtained from GEO series GSE 9899 To obtain Pearson’s correlation coefficients between genes whose dysregulation drives CA, SAS software (IBM) was used for the analyses, with p < 0.05 indicating statistical significance. Gene set enrichment analysis of public microarray data Publicly available pre-processed gene expression profiles of primary ovarian tumors (n = 154 from Tothill dataset [25], GSE9899; Patients were stratified into two groups by KIFC1 score. Patients with KIFC1 expressions below the optimal KIFC1 survival threshold where placed in the low-risk group whereas the above threshold patients where stratified to the high-risk group. GSEA was performed as indicated in studies by Tamayo, et al. (2005, PNAS 102, 15545–15550) and Mootha, Lindgren, et al. (2003, Nat Genet 34, 267–273). False discovery rate q-values.25 were considered statistically significant. In silico analysis of KIFC1 gene expression and centrosomal amplification index (CAI) genes in cell lines One channel microarray data was downloaded from GEO database for four cell lines with GSM ids GSM133614, GSM133609, GSM887467 and GSM887488 namely, Ovcar-5, SKOV3, OVSAHO, and OVCAR3 respectively. Data was Mas5.0 normalized and was further taken for processing. Logarithm to the base 2 transformed KIFC1 and expression levels from ovarian cell lines were extracted from the GEO database. PLK4, Aur-A, Aur B, Cyclin E, Centrin, γ-tubulin and pericentrin genes expression values were added to make centrosomal amplification index. Statistical analyses were performed using two-tailed Student’s t-tests, Anova and Tukey’s post hoc tests. The criterion for statistical significance for all analyses was p < 0.05. Standard errors were calculated using the general Excel formula where we divided the standard deviation by the square root of the number of samples. Kaplan-Meier analysis and Cox regression were performed using SPSS (IBM). Optimal cut-points were identified with the stratification which gave the largest log-rank χ 2 value. CAI: centrosome amplification Index chromosomal instability GSEA: gene set enrichment analysis GEO: HGSOC: High grade serous ovarian adenocarcinoma overall survival SOC: TCGA: the cancer genome atlas TNBC: WI: Weighted index This study was supported by grants to RA from the National Cancer Institutes of Health (U01 CA179671 and R01 CA169127) and a graduate fellowship to KM from the Second Century Initiative Program at Georgia State University. Additional file 1: Supplementary Figures and Tables (DOCX 811 kb) The authors declare that they have no competing interests KM carried out the major experiments, analyzed and interpreted the data, and wrote the manuscript. DC carried out the immunoblot assays and figures. SK performed in silico data analysis and carried out all the statistical analysis of data. RS, GC and MVG helped in scoring of tissues. RK performed in silico data analysis and critically revised the manuscript. AKM helped in critically revising the manuscript. 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__label__cc	0.708138	0.291862	Resources> Life Cycle Inventory Studies Using the most current scientific research to validate our processes. Foam and Coated Paperboard Plates At Pactiv, minimizing our environmental footprint is an ongoing effort. To that end, we utilize the most current scientific research to validate our processes. Click here to access a 2009 study that analyzes the impact of foam and coated paperboard plates and concludes that the products have less of an environmental impact than other paper products. For continually updated information on the life cycle inventories of all packaging materials, visit the American Chemistry Council. Life Cycle Inventory Comparison: 9" Polystyrene Foam and Poly-Coated Paper Plates2 Energy Usage Greenhouse Gas Potential Material Usage Solid Waste Polystyrene Foam 50% Less 50% Less 2.5 X Less 65% Less Facts Polystyrene foam uses significantly less energy during its life cycle. Greenhouse Gas emissions are significantly less with polystyrene foam. Polystyrene foam plates are 90% air and use 2.5 times less material. The solid waste impact of polystyrene foam is significantly less. Comparison5 Replacing polystyrene foam plates with poly-coated paper plates in Los Angeles County will increase the energy usage by the equivalent BTU’s of 500,000 gallons of gasoline.3 By replacing polystyrene foam with paper alternatives in Los Angeles County, GHG emissions will increase by an amount equivalent to adding 1,630 mid-size cars onto California roads each year.4 The material in 100 polystyrene foam plates is equal to the weight of 40 paper plates.1 Polystyrene foam foodservice packaging accounts for less than 1% by weight and volume of land-filled materials. Final Peer-Reviewed Report: Life Cycle Inventory (LCI) of Foam and Coated Paperboard Plates, Franklin Associates, Ltd., May 2008. LCI study compares 4.7g polystyrene foam plates and 12.1g poly-coated paper plates. Poly-coated paper plates containing virgin bleached paperboard Based on replacing 221,000,000 foam plates with paper plates in LA County, and using a value of 125,000 BTU for the energy content of a US gallon of gasoline as per US EPA's report Solid Waste Management and Greenhouse Gases - A Life Cycle Assessment of Emissions and Sinks, 3rd edition, September 2006, p.100. Based on 680 lb. CO2 emission increase per 10,000 paper plates, replacing 221,000,000 foam plates with paper plates, and on 9,200 lb. CO2 emission from an average car as per US EPA's report Solid Waste Management and Greenhouse Gases - A Life Cycle Assessment of Emissions and Sinks, 3rd edition, September 2006, p.100. Comparative results are based on, but are not part of, The Franklin Associates' LCI report.	cc/2019-30/en_middle_0064.json.gz/line1525
__label__wiki	0.540662	0.540662	XMT on brachiopod fossils Virtual palaeontology: the effects of mineral composition and texture of fossil shell and hosting rock on the quality of X-ray microtomography (XMT) outcomes using Palaeozoic brachiopods Sangmin Lee, G.R. Shi, Tae-Yoon S. Park, Jae-Ryong Oh, Horng-Sheng Mii, and Mirinae Lee Article number: 20.2.3T Copyright Palaeontological Association, June 2017 Submission: 5 January 2017. Acceptance: 1 June 2017 X-ray microtomography (XMT) has become a popular tool for detailed investigations of a diverse range of fossils. However, XMT has not always guaranteed a satisfactory result, as the resolution of XMT images critically depends on the contrast between the fossil and its hosting rock. In this paper, XMT was applied to 11 Palaeozoic brachiopod specimens selected from a range of sedimentary rocks in order to investigate the extent of effects of mineral composition and texture in the rock and fossil shell on the quality of XMT outcomes. Our study shows that sufficient contrast in mineral composition and texture between the brachiopod shell and its infilling material is required to reproduce high-quality XMT results. Specifically, brachiopod specimens with their original calcium carbonate shell, infilled mainly with quartz grains, appear to produce the best XMT results characterized by sharply defined shell internal structures. We also found that diagenesis is significant in determining the XMT quality. Diagenetic processes including silicification and recrystallization in the brachiopod shell and/or the infilling material generally tends to diminish the resolution of the XMT results, although this impact is considerably complicated by the degree and aspect of diagenesis. Another factor of minor significance concerns the presence of bioclasts scattered in the hosting sediment that potentially could be confused with genuine shell internal structures. Sangmin Lee. School of Life and Environmental Sciences, Burwood Campus, Deakin University, 221 Burwood Highway, Burwood, VIC 3125, Australia. This email address is being protected from spambots. You need JavaScript enabled to view it. G.R. Shi. School of Life and Environmental Sciences, Burwood Campus, Deakin University, 221 Burwood Highway, Burwood, VIC 3125, Australia. This email address is being protected from spambots. You need JavaScript enabled to view it. Tae-Yoon S. Park. Division of Polar Earth-System Sciences, Korea Polar Research Institute, 26 Songdomirae-ro, Yeonsu-gu, Incheon 21990, Republic of Korea. This email address is being protected from spambots. You need JavaScript enabled to view it. Jae-Ryong Oh. Division of Polar Earth-System Sciences, Korea Polar Research Institute, 26 Songdomirae-ro, Yeonsu-gu, Incheon 21990, Republic of Korea; and Polar Sciences, University of Science and Technology, Yuseong-gu, Daejeon 34113, Republic of Korea. This email address is being protected from spambots. You need JavaScript enabled to view it. Horng-Sheng Mii. Department of Earth Sciences, National Taiwan Normal University, No. 88, Section 4, Ting-zhou Road, Taipei 11677, Taiwan, Republic of China. This email address is being protected from spambots. You need JavaScript enabled to view it. Mirinae Lee. Department of Earth and Environmental Sciences, Andong National University, Andong 36729, Republic of Korea. This email address is being protected from spambots. You need JavaScript enabled to view it. Keywords: computed tomography; internal structures; sedimentary infilling; diagenesis; three-dimensional reconstruction Final citation: Lee, Sangmin, Shi, G.R., Park, Tae-Yoon S., Oh, Jae-Ryong, Mii, Horng-Sheng, and Lee, Mirinae. 2017. Virtual palaeontology: the effects of mineral composition and texture of fossil shell and hosting rock on the quality of X-ray microtomography (XMT) outcomes using Palaeozoic brachiopods. Palaeontologia Electronica 20.2.3T: 1-25. https://doi.org/10.26879/753 palaeo-electronica.org/content/2017/1891-xmt-on-brachiopod-fossils As computed tomographical techniques have spread into various fields of science in recent years, the adoption of these techniques, notably X-ray microtomography (XMT) and synchrotron radiation X-ray tomographic microscopy (SRXTM), to the study of fossils has also become increasingly popular, heralding a new era for virtual palaeontology (Sutton, 2008; Cunningham et al., 2014; Rahman and Smith, 2014; Sutton et al., 2014). A unique strength of these imaging techniques lies with its power to produce the complete set of serial sections of fossils in very high resolution while also protecting the integrity of the fossils by not causing any physical damage to them. Traditionally, palaeontologists had to use the mechanical thin-sectioning approach in that fossils embedded in rocks are cut, polished, and ground to make thin sections, and ultimately are destroyed. With the improvement of X-ray tomographic devices, several sophisticated types of computer software that support various image processing works have enabled scientists not only to visualize dissections of the scanned fossil material but also to reconstruct high-resolution three-dimensional (3-D) models of fossil morphology (Abel et al., 2012; Cunningham et al., 2014). The interior of a brachiopod shell is critical for taxonomy. The fossil brachiopod valves may remain articulated even long after post-mortem transportation and burial, and in many cases morphological structures of shell interior are enclosed and hidden within the valves. Traditionally, the internal structures of fossil brachiopods, if not already available through either naturally preserved or human-prepared fossil moulds, have been observed by transverse serial thin sections through mechanical cutting. There are two well-known caveats associated with the serial sectioning method. First and foremost, the method partially or completely destroys the specimens sectioned. Second, it only provides limited and incomplete information about shell growth and form, and such incomplete information has often been found misleading (St. Joseph, 1937; Westbroek, 1969; Sandy, 1986; Williams, 2002; Alvarez and Brunton, 2008). Although some computer-based software has been developed in recent years aiding the 3-D reconstruction models based on the conventional serial thin sectioning approach (Sutton et al., 2005; Schemm-Gregory and Sutton, 2010; Schemm-Gregory, 2014), these models are still incapable of producing complete 3-D configuration models of shell internal structures in a continuous manner. With the rapid advance of modern imaging technology and associated software development for image processing, the aforementioned caveats can be considerably mitigated or even eliminated. Among the several tomographic techniques currently available, X-ray based methods have increasingly been piloted to fossil and modern brachiopods using both XMT (e.g., Hagadorn et al., 2001; Pakhnevich, 2007, 2009, 2010, 2011, 2014, 2017; Angiolini et al., 2010; Błażejowski et al., 2011; Gaspard, 2013; Seidel and Lüter, 2014; Halamski et al., 2015; Streng et al., 2016) and SRXTM (e.g., Perez-Huerta et al., 2009; Motchurova-Dekova and Harper, 2010; Kaloyan et al., 2014), with varying degrees of success in terms of image resolution and authenticity. One of the key challenges for the use of XMT and SRXTM for palaeontology is the choice of the fossil samples to be scanned, as the resolution of resultant scanned images critically depends on the degree of contrast in the mineralogy between the fossils and the materials that surround them or infill their inner cavities: generally, the greater the disparity in mineralogy between the fossils and the neighboring materials, the higher the resolution and authenticity of the reconstructed fossil internal structures. Pakhnevich (2010) applied XMT to both modern and fossil brachiopod shells, revealing that silicified or pyritized shells are well discriminated from carbonate rocks infilling the shells. Angiolini et al. (2010) also found that brachiopod shells filled by sandstone provide far greater resolution of XMT images than brachiopods enclosed within and filled with micritic limestone. Motchurova-Dekova and Harper (2010) applied SRXTM to two brachiopod specimens; one filled with fine-grained carbonate sediment (Paleogene) and the other with marl (Cretaceous). In spite of subtle differences in mineral composition between fossil shell and infilling sediment, the scanned results showed that the brachiopod internal structures are traceable, possibly due to greater differences in their textures. It seems clear from these previous pilot studies that both the mineral composition and texture, of the fossil shells and their infillings, have a critical role in determining the quality and resolution of scanned fossil images. But how widespread this aspect would apply to other rock and fossil types and differing preservation/taphonomic conditions is still unknown. This study aims to investigate and reveal which factors affect the resolution and authenticity of XMT images most when applied to fossil brachiopod shells embedded in a range of rock types. For this purpose, this study provides sufficient practical XMT images and 3-D reconstruction models through XMT experiments on brachiopod fossils with a variety of combinations in the preserved shell and its infilling material. Based on the results, we illustrate the extent and variability of the effects of both mineral composition and texture of the fossil shells and neighboring materials on the quality and resolution of scanned fossil images. X-ray Microtomography Eleven Palaeozoic (Devonian to Permian) brachiopod specimens were selected for internal X-ray tomographic scanning. The specimens were collected from nine different localities of Australia, Indonesia, China, USA, Canada, and Norway, with each representing a unique combination of mineral composition and texture between the brachiopod shell and its infilling sedimentary material. All but one of the specimens have been identified to genus level, and most of them have been assigned to species. With one exception all specimens have detailed geographic and stratigraphic (age) information (Table 1). All these specimens (thin sectioned or not) are currently housed in the Neil Archbold Earth Science Research Laboratory at Deakin University, Melbourne, Australia. Every XMT experiment was executed with SkyScan 1172 system at the Dental Research Institute of Seoul National University, Seoul, Korea Rep. The selected brachiopod fossils were scanned with beam energy of 78-100 keV and flux of 100-125 µA at detector resolution of 24.90-34.58 µm per pixel. A 0.5 mm Al filter was applied in all the scanning and exposure time was either 316 or 474 ms. The projection was performed for over 180° with sample rotation step of 0.7-0.9° and, consequently, projections between 209 and 275 were obtained from each specimen. Initially each specimen was scanned multiple times within the range of settings. Then the best imaging result for each specimen is selected. The detailed XMT setting for each specimen is summarized in Table 2. The acquired projections were analyzed through the series of SKYSCAN software. Two-dimensional (2-D) cross sections were obtained with DataViewer (v. 1.5.1), and the 3-D visualizations were made with CTVox (v. 3.0). The 2-D sectional images of each specimen were false colored with one of two different false-color lookup tables in DataViewer, in order to enhance the perception of details shown in the virtual sections. The 3-D models were all prepared in grey levels. In addition, as an exemplar, a detailed 3-D full reconstruction model of shell interiors (after the virtual removal of infilling sediment) was created for one specimen, Timaniella harkeri (GSC26406), through CTVol (v. 2.2). Petrographic and Compositional Analysis Subsequent to the XMT analysis, either the scanned specimen or an additionally chosen brachiopod specimen for each species was prepared for studying the mineralogical composition and texture of the brachiopod shell and its infilling material. These selected specimens were embedded in pre-evacuated epoxy, then thin sectioned transversely (parallel to the shell maximum width line) at the middle of shell at the Andong National University, Andong, Korea Rep. All thin sections were petrographically examined to detail the lithology and mineral contents of both the brachiopod shells and their infillings. The detailed chemical composition of shell and enclosed material in each thin section was obtained using Energy Dispersal Spectrometry (EDS) at the Korea Polar Research Institute, Incheon, Korea Rep. Additionally, cathodoluminescence (CL) analysis for all thin sections was performed using a Leica DM LP model petrographic microscope with a CAMBRIDGE Model CLmk3A stage (7 kV, 250 µA) at the National Taiwan Normal University, Taiwan, R.O.C., in order to evaluate the diagenetic feature of brachiopod shells (Popp et al., 1986; Grossman et al., 1993, 2008). Our XMT results display a wide spectrum of variations in image quality and resolution, changing from very high visibility to non-recognition with respect to the isolation of shell internal structures from adjacent sediment and cement (Table 2). The detailed mineralogical/chemical examinations for brachiopod shells and their enclosed materials also revealed a variety of compositional combinations (Table 2, Table 3, Figure 1, Figure 2). Further, the results of CL analysis suggest considerable differences among the examined specimens (Table 2, Figure 1, Figure 2). The mineralogical compositions of brachiopod shells are simply divided into calcite and silica, whereas those of infilling materials yield more diverse categories including limestone, mixed carbonate-siliciclastic, and fully siliciclastic or silicified rocks (Table 2, Table 3). However, for the convenience of explanation and comparison, we have divided the infilling materials into three types: highly siliceous, carbonate, and mixed carbonate-siliciclastic. Below each XMT result is described for each of the four different compositional associations (combinations) between fossil shells and their infillings. Carbonate Shell with Highly Siliceous Infilling Two specimens from our experiments belong to this association. Timaniella harkeri Waterhouse in Bamber and Waterhouse, 1971 (GSC26406) retains the original calcite shell and infilling siliciclastic sediment, whereas both the shell and infilling cement of Stenoscisma timorense (Hayasaka and Gan, 1940) (BS-2) have suffered from diagenetic alteration via recrystallization and silicification. The overall quality of XMT results for these two specimens are relatively high, and shell internal structures are mostly recognizable. The X-ray scanning result of Timaniella harkeri (GSC26406) provides the best illustrations of our XMT experiments. Its 2-D sliced images present a very sharp separation between the brachiopod shell and infilling sediment in the entire section. The apical region of the ventral valve is shown to have been strongly thickened by secondary shell material, and its teeth are also largely thickened (Figure 3.3-5, 3.15, 3.18-20). The well-preserved spiralia with 17 whorls each side is clearly shown to extend significantly in posterolateral direction (Figure 3.4-10, 3.13-22, 3.26). Serial slices in the sagittal plane indicate that the posterior region of the ventral valve is strongly thickened compared to the much thinner dorsal valve and the anterior region of the ventral valve (Figure 3.18-22). Both the thin sections and EDS results show that the brachiopod shell is made up of well-preserved calcium carbonate, and the cavity between valves is infilled with fine sandstone (Table 3, Figure 1.1-4). The brachiopod shell itself is highly dense and has retained its original mineralogical composition, whereas the enclosed sediment is mainly composed of unconsolidated quartz grains (around 1/10 mm in diameter) with some iron oxides (hematite). Its CL images display a noncathodoluminescent shell (Figure 1.2) partially with slightly luminenscent regions (Figure 1.4), suggesting that the shell has been little altered by diagenesis (Grossman et al., 1993, 2008; Barbin and Gaspard, 1995; Tomašových and Farkaš, 2005). The XMT sliced images of Stenoscisma timorense (BS-2) display a relatively distinct separation between the brachiopod shell and infilling cement, although the boundary becomes blurred anteriorly. In addition, the spondylium, a typical dental structure on the ventral floor of this genus, is more clearly shown both in the sliced images (Figure 4.2-6, 4.11-16, 4.20-21) and its 3-D reconstructions (Figure 4.26-27). However, no traces of cardinal structures on the dorsal valve floor are recognizable, most probably due to non-preservation. Thin section and EDS results from BS-2 specimen indicate that the mineral composition of the brachiopod shell wall has been significantly altered by the formation of a thin partially replaced outer layer with silica and an underlying layer composed of fibrous to blocky calcite crystal formed by recrystallization in the mid-anterior part of the shell (Figure 1.9-12). The remaining part of the cavity between valves has been occluded by quartz cement. The overall luminescent shell in CL microscopic view (Figure 1.10, 1.12) also indicates the existence of intense diagenetic alteration of the shell (Grossman et al., 1993, 2008). Carbonate Shell with Mixed Carbonate-siliciclastic Infilling This association is represented by two specimens, Cleiothyridina baracoodensis (Etheridge, 1903) (ML32) and Tylothyris transversa Roberts, 1971 (TeP). Both have comparable original calcitic shell mineralogy, and their enclosed sediments also consist of mixtures of carbonate and siliciclastic sediments. However, the textures and relative ratios of carbonate and siliciclastic sediments are different between the two specimens, resulting in a considerable difference in the quality of their XMT results. The XMT 2-D sliced images of Cleiothyridina baracoodensis (ML32) demonstrate relatively distinct partition between the brachiopod shell and infilling sediment. The articulation of the two valves and cardinal flanges are also well delineated (Figure 5.5-6, 5.16-19, 5.23-26, 5.32), but other internal structures, which are expected in this species (e.g., brachidium), are mostly absent due to poor or non-preservation. Both the thin sections and EDS results suggest that specimen has retained its original calcitic shell structure and its microstructure. The infilling sediment includes peloids and clay minerals, but quartz grains of fine sand size are predominant (Table 3, Figure 1.13). Although the overall slightly luminescent brachiopod shell (Figure 1.16) appears to indicate no significant diagenesis on the shell, the presence of thin calcite layers within the shell is conspicuous, suggesting that the infilling cement has been fully recrystallized within the mid-anterior portion of the shell (Figure 1.14-16). The shell internal structures of Tylothyris transversa (TeP) are poorly recognized in any of its XMT sliced images. The boundary between the shell interiors and infilling material is only weakly visible at the posterior of the shell (Figure 6.1-2, 6.11, 6.17-19). The only recognizable structure is a small portion of the spiralia, which extends posterolaterally, especially on the right side of the shell (Figure 6.5-6, 6.11-19, 6.23). Its thin sections and EDS results display a moderately thick, solely carbonate shell with infilling material composed of lime mud, calcite cement, and relatively large, radially arranged, siliceous crystals (Table 3, Figure 1.17-18). The overall nonluminescent brachiopod shell (Figure 1.18-20) suggests that the shell has not suffered from diagenetic alteration, but the existence of large siliceous crystals within the infilling material indicates some degree of diagenesis. Carbonate Shell with Carbonate Infilling This association is represented by five specimens, all with their brachiopod shells and infillings predominantly made of carbonate. However, these specimens are distinguished by different texture of their infilling materials, with Spiriferina sp. (BS-1) characterized by calcite cement, Indospirifer sp. (3229) by lime mudstone, Cyrtospirifer whitneyi (Hall, 1858) (CD) by wackestone, Spiriferidae gen. sp. indet. (S1) by packstone, and Spiriferella loveni (Diener, 1903) (F8) by grainstone. As a result, the quality of their XMT results is very different. The XMT result of Spiriferina sp. (BS-1) displays relatively well-recognized shell internal structures, although the distinction between the shell wall and infilling cement is obscure. Notably, both the 2-D sliced images and 3-D reconstructions of this specimen show strong teeth, high dental plates, and a long median septum on the ventral floor (Figure 7.2-11, 7.17-19, 7.23). In comparison, spiralia is not well distinguished in the 2-D images (Figure 7.7, 7.13-14, 7.18-19), but the same structure is more clearly displayed in the 3-D transparent model (Figure 7.23). Crura are weakly shown as parallel structures in a 2-D sliced image (Figure 7.14). Although this specimen is collected from the same lithological horizon with Stenoscisma timorense (BS-2) (Table 1), the preservation aspect of the shell and infilling material is considerably different. This specimen consists of relatively thin carbonate shell and enclosed calcite cement (Table 3, Figure 1.5-8). The slightly luminescent shell in CL microscopic view proves that the shell has suffered from some diagenetic alternations. The XMT result of Indospirifer sp. (3229) also demonstrates some highly visible and distinct internal structures, but these structures potentially may be confused with some relatively large bioclasts which include some broken brachiopod shelly fragments, due to comparable mineralogy and grain size. Nevertheless, the 2-D sliced images and 3-D transparent reconstruction model show the presence of strongly developed subparallel dental plates in this specimen (Figure 8.3-5, 8.9-10, 8.19, 8.24), as well as a dorsally convex large plate (Figure 8.6-8, 8.11-20, 8.24). Although this large dorsal plate could represent a hinge plate, this interpretation cannot be confirmed through the XMT images themselves because the plate is shown to be also connected laterally and anteriorly with some unidentified structures that possibly represent some broken shell fragments. In any case, both the thin sections and EDS results illustrate that the specimen has moderately thick carbonate brachiopod shell, and its internal cavity is predominantly occupied by micrite with a very minor amount of clay minerals (Table 3, Figure 2.1-3). Several coarse skeletal grains, most probably representing broken fragments of the species’ own structures, are clearly embedded among the muddy grains (Figure 2.1). The slightly luminescent brachiopod shell partially with luminescent region (Figure 2.2-4) suggests that the shell has experienced some diagenetic changes. Overall the XMT result of Cyrtospirifer whitneyi (CD) shows low quality, indicated by poorly defined borders between the brachiopod shell and its infilling sediment. Although some internal structures are visible, such as the dental structures comprising dental flanges and ventral adminicula (Figure 9.3-6, 9.12-16, 9.19-21, 9.29), no traces of dorsal interiors are revealed. The relatively thin brachiopod shell fully consists of carbonate, whereas its enclosed sediment is dominated by micrite with a small amount of clay materials and minor small shell fragments (e.g., bivalves and crinoid stems) (Table 3, Figure 2.5, 2.7). Both the shell and its infillings are luminescent in their CL microscopic views, suggesting that they have experienced significant diagenetic changes (Figure 2.5-8). The XMT result of Spiriferidae gen. sp. indet. (S1) does not provide a clear distinction between the brachiopod shell and its infilling sediment. However, the sliced images at the posterior part of the shell display a relatively well-defined boundary between the internal structures and enclosed sediment. In particular, the dental plates are highly visible in both the 2-D images and 3-D reconstruction model (Figure 10.6-8, 10.16-18, 10.25). Its thin sections and EDS result show that both the brachiopod shell and infilling sediment are mainly composed of carbonate material, with the latter mainly dominated by calcitic shelly grains. The results also illustrate the formation of a thin silicified layer between the brachiopod internal structures and infilling sediment (Table 3, Figure 2.9-11). The thin silicified layer appears to be prismatic, irregular in thickness and commonly discontinuous, which might cause the overall dull distinction between the shell and sediment inside of it. The XMT result of Spiriferella loveni (F8) does not provide any trace of shell internal structure in either the 2-D slices or the 3-D reconstruction models, except for a vague border shown between the shell interior and infilling sediment. This specimen is composed of a strongly thickened carbonate shell and infilling grainstone composed mainly of assorted tiny brachiopod, bryozoan, and crinoid shell fragments mixed with a small proportion of siliceous mineral grains (Table 3, Figure 2.13, 2.15). The brachiopod shell is variously luminescent in CL images (Figure 2.13-16) according to the shell layers. Shell and Infilling Both Silicified This association is represented by two specimens from a single horizon of the Qixia Formation, China, Meekella sangzhiensis Liu and Zhao in Liu et al., 1982 (Q-1) and Tyloplecta nankingensis (Frech, 1911) (Q-2). Although both have gone through similar post-mortem physical/chemical processes, the quality of their XMT results shows significant disparity. The XMT result of Meekella sangzhiensis (Q-1) is characterized by weak visibility of the boundary between shell interiors and infilling cement, although some minor structure traces possibly representing the remains of closely spaced dental plates are recognizable at the interior of the ventral apical area (Figure 11.9-11, 11.13, 11.25). In particular, the 2-D images show that the internal space enclosed within the two valves is covered mostly by a uniform colour, suggesting that the composition and texture of the infilling cement is virtually identical to those of any shell internal structures of this species. On the other hand, several distinctly recognizable internal features are observed in the XMT result of Tyloplecta nankingensis (Q-2), with its very thin-shelled appearance. The 2-D sliced images clearly exhibit its dorsal internal structures including a cardinal process (Figure 12.1-3, 12.10), adductor platforms (Figure 12.4-5, 12.12-13, 12.16-17), and a median septum (Figure 12.4, 12.18). Its 3-D transparent reconstruction model also shows a well-developed cardinal process with a weakly trifid form and laterally wide and thickened additional shafts (Figure 12.22). Muscle scars (probably adductors) are distinctly marked on the posterior of the ventral floor (Figure 12.4-9, 12.16-18, 12.22). Thin sections and EDS results of both specimens demonstrate that their shells and infillings have been completely silicified through severe diagenetic alteration (Table 3, Figure 2.17-20). However, the characteristics of the infilling material between the two specimens are different; the infilling of Meekella sangzhiensis (Q-1) contains microcrystalline quartz, whereas that of Tyloplecta nankingensis (Q-2) consists of quartz cement. Further, with regard to Tyloplecta nankingensis (Q-2), it was also revealed that a very thin void layer has been developed along the boundary between the shell part and infilling material. Full 3-D Reconstruction of Internal Structures XMT results, which present a clear distinction between shell internal structures and infilling material, enable us to reconstruct detailed 3-D models of shell internal structures. As an example, we have performed one such reconstruction model for Timaniella harkeri (GSC26406) (Figure 13-Figure 14). This specimen was chosen to demonstrate the considerable utility of XMT for future similar studies because it has produced by far the most superior high quality 2-D images in all of our XMT experiments (see Figure 3). This 3-D reconstruction model displays a very realistic and highly visible reproduction of key shell internal structures including the articulation along the hinge line, muscle field, and, most notably, the complete spiralia with all its whorls, as well as the distribution of striation and pits on the valve floors. In addition, this 3-D reconstruction model can be easily manipulated (e.g., rotation, magnification, and partial elimination) for more detailed examination (see Figure 14). Controlling Factors of XMT Results Our XMT results display a significant range of variability in the quality and resolution of the scanned images and therefore a varying degree of authenticity of these images in representing the original internal structures of the brachiopod specimens. The type of the brachiopod shells and their infilling materials plays a critical role as the single most important determinant for the quality and resolution of XMT images and reconstruction models. Our study demonstrates that sufficient contrast in mineral composition and texture between the brachiopod shell and its infilling is required to warrant the production of high-resolution XMT images and reconstructions. Especially, high-quality XMT images can be acquired from carbonate brachiopod shells embedded in highly siliceous materials. Of these cases, the sample of brachiopod shells still with their original calcitic mineralogy infilled with sandy quartz grains, tends to produce the highest quality XMT results characterized by sharply defined shell internal structures well distinguished from its adjacent sediment (Figure 3). A similar result has been suggested in Angiolini et al. (2010). By contrast, XMT outcomes from specimens with a high proportion of carbonate sediment display a much weaker distinction, as has also been reported by previous studies (Angiolini et al., 2010; Pakhnevich, 2010). Of note is the XMT result from Spiriferella loveni (F8) with infilling grainstone, which failed to reproduce any traces of internal structures, although its thick shell and dental structures are observed in its thin sections. The indistinctness in the XMT result of the specimen would be caused by the high similarity in mineral composition and texture between the brachiopod shell and the bioclasts in enclosed sediments. Another noticeable observation is that the XMT imaging contrast between carbonate brachiopod shell and its infilling sediment seems to increase as the proportion of coarser carbonate skeletal grains within the sediment decreases. This is evident by comparing the XMT result from Spirifella loveni (F8) with XMT images of Spiriferina sp. (BS-1) and Indospirifer sp. (3229). The latter two specimens differ from the former only in the texture of their infillings (calcite cement and micrite), which has resulted in the successful reproduction of a large amount of internal structures (Figure 7 and Figure 8), but none from Spiriferella loveni. In addition to mineralogy and texture, diagenesis involving both brachiopod shell and its enclosed sediment appears to be significant in determining the XMT quality. In nature, diagenetic alteration is a common feature of sedimentary rocks and fossil shell material, although the degree of alteration may vary considerably in space and time. The analysis of thin sections confirmed that some of our brachiopod specimens have undergone significant diagenesis, reflected by partial to complete silicification and recrystallization either in brachiopod shells or infillings and, as a result, the quality of their XMT results varies accordingly. For example, Stenoscisma timorense (BS-2) is composed of carbonate brachiopod shell and enclosed quartz cement, which should facilitate high-quality reproduction of shell internal structures comparable to the XMT results of Timaniella harkeri (GSC26406) (Figure 3). However, the XMT result for Stenoscisma timorense (BS-2) are of low resolution and partly blurred (Figure 4), probably due to 1) recrystallization which has formed large calcite crystals and 2) the silicification of infilling cement. The XMT result of Spiriferidae gen. sp. indet. (S1) exhibits another aspect of diagenetic alteration. This specimen has undergone partial silicification indicated by a thin silicified layer along the boundary between the carbonate brachiopod shell and its infilling carbonate cement (Table 3, Figure 2.9-11). Consequently, the brachiopod internal structures buried within the shelly carbonate sediments are recognizable in the XMT result albeit with a low resolution. Interestingly, different quality in the XMT result may have been caused by the same diagenetic effect. Meekella sangzhiensis (Q-1) and Tyloplecta nankingensis (Q-2) both have silicified shells and infillings, and were collected from the same horizon of the Qixia Formation, China. But, their XMT results are markedly different: the XMT result of the former displays only a weak distinction (Figure 11), whereas that of the latter exhibits a strong contrast between the shell and its infilling cement due to the existence of a thin void layer (Figure 12). Thus, it can be inferred that the quality of XMT results are subject not only to the degree of diagenetic alteration, but also to the difference in diagenetic processes experienced by the brachiopod shell and its infilling sediment, respectively. It is probable that the brachiopod shell and its infilling may have responded differently to the same diagenetic processes, resulting in a reduction or enhancement in the density of the material between the diagenetically altered shell and its enclosed material. A similar variability in the contrast between XMT results is also observed in Spiriferina sp. (BS-1) and Stenoscisma timorense (BS-2) (Figure 4 vs Figure 7). Although both specimens were collected from the same horizon of the Maubisse Formation in Timor, their shells and infillings display a considerable difference both in mineral composition and texture (Table 3, Figure 1.5-12). This case demonstrates that different extent of diagenetic alteration of brachiopod fossil shells observed may be caused by the difference in shell microstructure between the two different brachiopod taxa. Another factor that may hinder the recognition of internal structures in XMT results is the presence of bioclasts scattered in the infilling sediments. These skeletal allochems could be composed of the same mineralogy of the brachiopod shell itself, and in some of the specimens (e.g., Indospirifer sp., Figure 8) they may produce a similar appearance to some of the brachiopod’s internal structures, hindering the recognition of genuine internal structures of the brachiopod shell. Utility of XMT Applications for Brachiopod Research We have demonstrated that the quality of XMT results heavily depends on the mineralogical composition and texture of the brachiopod shells with respect to those of the materials enclosed by these brachiopod shells and the degree of their diagenetic alteration. Therefore, it is difficult to simply generalize the efficiency and effectiveness of the XMT technology for brachiopod research. However, it is clear from this study that XMT is a very powerful tool to reveal brachiopod internal structures embedded in rocks without the need to cut and eventually destroy both the rocks and the fossils. Except for one XMT result (Spiriferella loveni [F8]), all other experiments performed in this study have reproduced significant morphological information of brachiopod shell internal structures, which otherwise would not have been possible to acquire unless the brachiopod shells are mechanically sectioned. XMT results are certainly more informative than outcomes from the traditional serial sectioning method, as they provide both 2-D sliced images in various axial planes as well as complete 3-D reconstructions as a final product. Particularly, in cases where there is sufficient contrast between the shell and its infilling, the XMT results can produce superior high-resolution 3-D models of shell internal structures. In these cases, the 3-D reconstructions would represent virtual replica of the original fossils, some of which are so detailed that they even show the micro-ornamentation within the shell interior with exceptional high resolution (Figure 13-Figure 14). Similar 3-D reconstructions of brachiopod internal structures have been attempted with mechanically prepared serial sections, also displaying considerably detailed outcomes (Sutton et al., 2005; Schemm-Gregory and Sutton, 2010; Schemm-Gregory, 2014); but their resolutions do not reach those from XMT results, and they do not reproduce any micro-ornamentations. Even in cases where the XMT results did not display a distinct contrast between the whole brachiopod shell and its infilling material, partial traces of shell internal structures are still visible, helping to identify and characterize the shell internal structures (Figure 6, Figure 9, Figure 10, Figure 11). In particular, our XMT results show that internal structures in the posterior part of the shell, commonly represented by dental and hinge structures, are recognizable by XMT in most cases, although their full reconstruction would be difficult due to the poor quality. As these internal structures are widely regarded as crucial for brachiopod taxonomy and phylogeny, XMT technology clearly has a significant role to play for enhancing the study of brachiopods. With the rapid improvement of modern technology, XMT devices and SRXTM are also quickly being upgraded, which not only promises to further increase resolutions, but also the potential to reproduce, with high resolution, fossil structures embedded even in rocks with lower contrast between fossils and their enclosed materials, as well as the potential for these technologies to be applied to larger fossil specimens. Further, with the expansion of X-ray tomographic technologies to many areas of science, they are also becoming more accessible to palaeontologists, truly marking the beginning of a new era for virtual palaeontology. XMT experiments herein applied to 11 Palaeozoic brachiopod specimens reveal that the type of the fossil shells and their infillings both play a critical role in determining the quality and resolution of XMT images and reconstructions. The production of high-quality XMT images requires sufficient contrast in mineral composition and texture between the shell and its infilling material. In particular, the XMT results acquired from carbonate shells infilled with highly siliceous materials generally display a high distinction of internal structures. Diagenetic alteration is also shown to be another significant factor adversely affecting the XMT results. Both silicification and recrystallization of the shell and/or the enclosed material, caused by diagenesis, tend to diminish the quality of the XMT results although the degree of this effect is clearly dependent on the degree of the diagenetic alteration and also on the difference in diagenetic processes between the shell and the adjacent sediment. As a minor factor, the inclusion of bioclasts scattered in the infilling sediment may hinder the recognition of internal structure in XMT results. Despite the variation in the quality of the images, XMT and SRXTM techniques are considered to be novel and powerful tools for the investigation of brachiopod internal morphology. The authors would like to thank S.-H. Hong at the Dental Research Institute of Seoul National University for helping us with running SkyScan 1172 system. We are grateful to A.V. Pakhnevich for valuable advices on XMT experiments. Thanks are extended to J.B. Waterhouse, E.A. Weldon and J. Woo for providing insightful comments to improve the manuscript, to D.J. Lee and H.-G. Kim for helping in preparation of thin sections, and to T.-H. Kim for help in EDS analysis. We are also indebted to C. Haug and two anonymous reviewers for their useful comments and suggestions. Financial support was provided by the Korea Polar Research Institute project PE17160 to SL, TYSP, and JRO; by the Australian Research Council through grant DP150100690 to GRS; by Deakin University to SL and GRS. Abel, R.L., Laurini, C.R., and Richter, M. 2012. A palaeobiologist's guide to 'virtual' micro-CT preparation. Palaeontologia Electronica, 15.2.6T:1-17; palaeo-electronica.org/content/issue-2-2012-technical-articles/233-micro-ct-workflow Alvarez, F. and Brunton, C.H.C. 2008. On the reliability of reconstructing and comparing brachiopod interiors and their morphological variations based solely on serial sections. Proceedings of the Royal Society of Victoria, 120:58-74. Angiolini, L., Barberini, V., Fusi, N., and Villa, A. 2010. The internal morphology of fossil brachiopods under X-ray computerised tomography (CT), p. 7-8. In Shi, G.R., Percival, I.G., Pierson, R.R., and Weldon, E.A. (eds.), 6th International Brachiopod Congress, February 1-5, 2010, Melbourne, Australia. Geological Society of Australia, Abstract No. 95. Geological Soceity of Australia, Sydney. Archbold, N.W. and Bird, P.R. 1989. Permian Brachiopoda from near Kasliu Village, West Timor. Alcheringa, 13:103-123. Bamber, E.W. and Waterhouse, J.B. 1971. Carboniferous and Permian stratigraphy and paleontology, northern Yukon Territory, Canada. Bulletin of Candian Petroleum Geology, 19:29-250. Barbin, V. and Gaspard, D. 1995. Cathodoluminescence of recent articulate brachiopod shells. Implications for growth stages and diagenesis evaluation. Geobios, 18:39-45. Błażejowski, B., Binkowski, M., Bitner, M.A., and Gieszcz, P. 2011. X-ray Microtomography (XMT) of Fossil Brachiopod Shell Interiors for Taxonomy. Acta Palaeontologica Polonica, 56:439-440. Charlton, T.R., Barber, A.J., Harris, R.A., Barkham, S.T., Bird, P.R., Archbold, N.W., Morris, N.J., Nicoll, R.S., Owen, H.G., Owens, R.M., Sorauf, J.E., Taylor, P.D., Webster, G.D., and Whittaker, J.E. 2002. The Permian of Timor: stratigraphy, palaeontology and palaeogeography. Journal of Asian Earth Sciences, 20:719-774. Cunningham, J.A., Rahman, I.A., Lautenschlager, S., Rayfield, E.J., and Donoghue, P.C.J. 2014. A virtual world of paleontology. Trends in Ecology & Evolution, 29:347-357. Day, J. 1988. The brachiopod succession of the Late Givetian-Fransnian of Iow, 303-325. In McMillan, N.J., Embry, A.F., and Glass, D.J. (eds.), Devonian of the World, Volume III. Canadian Society of Petroleum Geologists Memoir 14. Friesen & Sons, Canada. Diener, C. 1903. Permian Fossils of the Central Himalayas. Memoirs of the Geological Survey of India, Palaeontologia Indica (Series 15), 1(5):1-204. Frech, F. 1911. Das Obercarbon Chinas, Die Dyas, p. 97‒202, 243-266. In von Richthofen, F. (ed.), China 5. Dietrch Reimer, Berlin. Etheridge, R. 1903. Description of Carboniferous fossils the Gascoyne District, Western Australia. Bulletin of Geological Survey of Western Australia, 10:1-41. Gaspard, D. 2013. X-ray computed tomography: A promising tool to investigate the brachiopod shell interior. Effects on 3D modelling and taxonomy. Comptes Rendus Palevol, 12:149-158. Gobbett, D.J. 1964. Carboniferous and Permian brachiopods of Svalbard. Norsk polarinstitutt Skrifter, 127:1-201. Grossman, E.L., Mii, H.S., and Yancey, T.E. 1993. Stable isotopes in late Pennsylvanian brachiopods from the United States: implications for Carboniferous paleoceanography. Geological Society of America Bulletin, 105:1284-1296. Grossman, E.L., Yancey, T.E., Jones, T.E., Bruckschen, P., Chuvashov, B., Mazzullo, S.J., and Mii, H.S. 2008. Glaciation, aridification, and carbon sequestration in the Permo-Carboniferous: the isotopic record from low latitude. Palaeogeography, Palaeoclimatololgy, Palaeoecology, 268:222-233. Hagadorn, J.W., Whiteley, T., and Nealson, K.H. 2001. 3D imaging of pyritized soft tissues in Paleozoic Konservat-Lagerstatten, p. 430-431. In (editor unknown), Geological Society of America Annual Meeting, November 5-8, 2001, Boston, Massachusetts, USA, Geological Society of America, Boulder. Halamski, A.T., Bitner, M.A., Kaim, A., Kolar-Jurkovšek, T., and Jurkovšek, B. 2015. Unusual brachiopod fauna from the Middle Triassic algal meadow of Mt. Svilaja (Outer Dinarides, Croatia). Journal of Paleontology, 89:553-575. Hall, J. 1858. Palaeontology of Iowa, p. 473-724. In Hall, J. and Whitney, J.D. (eds.), Report of the Geological Survey of the State of Iowa: Embracing the Results of Investigations made during Portions of the Years 1855, 56, and 57, Vol. 1, Part 2. C. van Benthuysen, Albany. Hayasaka, I. and Gan, S. 1940. A note on Camarophoria ‘purdoni’ from the Permian of Timor. Journal of the Geological Society of Japan, 47:127-132. Kaloyan, A.A., Kovalenko, E.S., Pakhnevich, A.V., Podurets, K.M., Rozhnov, S.V., and Somenkov, V.A. 2014. Synchrotron and neutron tomography for the investigation of paleontological objects. Journal of Surface Investigation - X-ray, Synchrotron and Neutron Techniques, 8:1903-1099. Liu, Z., Tan, Z., and Ding, Y. 1982. Brachiopoda, p. 172-216. In The Palaeontological Atlas of Hunan. Geological Publishing House, Beijing. Motchurova-Dekova, N. and Harper, D. 2010. Synchrotron radiation X-ray tomographic microscopy (SRXTM) of brachiopod shell interiors for taxonomy: Preliminary report. Annales Géologique De La Péninsule Balkanique, 71:109-117. Nakamura, K., Sakagami, S., Okimura, Y., Tazawa, J.-I., Igo, H., Kumon, F., Kawamura, T., Ezaki, Y., Kano, A., and Keilen, H.B. 1992. Preliminary report of stratigraphical study on the Upper Carboniferous-Upper Permian, p. 1-36. In Nakamura, K. (ed.), Investigations on the Upper Carboniferous-Upper Permian Succession of West Spitsbergen 1989‒1991. Hokkaido University, Sapporo. Pakhnevich, A.V. 2007. A microtomohraphic study of the internal structure of holotypes of brachiopods, p. 31-32. In Rozanov, A.Yu., Lopatin, A.V., Parkhaev, P.Yu., and Rozhnov, S.V. (eds.), Modern Paleontology: Classical and New Methods: 4th All-Russia Scientific School for Young Scientists-Paleontologists, October 15 - 17, 2007. Paleontological Institute RAS, Moscow. Pakhnevich, A.V. 2009. On effectiveness of micro-CT research of paleontological objects, p. 127-141. In Rozanov, A.Yu., Lopatin, A.V., and Parkhaev, P.Yu. (eds.), Modern Paleontology: Classical and New Methods 2009. Paleontological Institute RAS, Moscow. Pakhnevich, A.V. 2010. Study of fossil and recent brachiopods, using a skyscan 1172 X-ray microtomograph. Paleontological Journal, 44:1217-1230. Pakhnevich, A.V. 2011. The type specimens of the Holocene brachiopod Diestothyris frontalis (Middendorff, 1849). Memoir of the Association of Australasian Palaeontologists, 41:269-272. Pakhnevich, A.V. 2014. On the micro-CT investigation of the type specimens for example brachiopods, p. 189-192. In (editor unknown), Bruker micro-CT User Meeting, May 5-8, 2014,Ostend, Belgium. Bruker micro-CT, Kontich. Pakhnevich, A.V. 2017. A reconstruction of the lophophore of Devonian rhynchonellids (Brachiopoda) by using X-ray micro-CT. Paleontological Journal, 51:143-154. Perez-Huerta, A., Cusack, M., McDonald, S., Marone, F., Stampanoni, M., and MacKay, S. 2009. Brachiopod punctae: a complexity in shell biomineralisation. Journal of Structural Biology, 167:62-67. Popp, B.N., Anderson, T.F., and Sandberg, P.A. 1986. Brachiopods as indicators of original isotopic compositions in some Paleozoic limestones. Geological Society of America Bulletin, 97:1262-1269. Rahman, I.A. and Smith, S.Y. 2014. Virtual paleontology: Computer-aided analysis of fossil form and function. Journal of Paleontology, 88:633-635. Roberts, J. 1971. Devonian and Carboniferous brachiopods from the Bonaparte Gulf Basin, Northwestern Australia. Bureau of Mineral Resources, Bulletin of Australian Geology and Geophysics, 122:1-319. Sandy, M.R. 1986. Brachiopod systematics and the transverse serial sectioning method: some recommendations for this technique and clarification of a taxonomic problem assisted by this method, p. 143-151. In Racheboeuf, P. and Emig, C.C. (eds.), Les Brachiopodes Fossiles et Actuels: Actes du 1er Congres International sur les Brachiopodes, Brest 1985. Biostratigraphie du Paleozoique 4. Université de Bretagne occidentale, France. Schemm-Gregory, M. 2014. A new Givetian athyridid species from Northwest Africa discovered by three-dimensional reconstruction of shell morphology of internal molds. Journal of Paleontology, 88:708-718. Schemm-Gregory, M. and Sutton, M. 2010. First report of brachiopod-brachiopod endoparasitism. Lethaia, 43:112-115. Seidel, R. and Lüter, C. 2014. Overcoming the fragility - X-ray computed micro-tomography elucidates brachiopod endoskeletons. Frontiers in Zoology, 11:65. doi:10.1186/s12983-014-0065-x St. Joseph, J.K.S. 1937. On Camarotoechia borealis (von Buch 1834, ex. Schlotheim 1832). Geological Magazine, 74:33-48. Streng, M., Butler, A.D., Peel, J.S., Garwood, R.J., and Caron, J.B. 2016. A new family of Cambrian rhynchonelliformean brachiopods (Order Naukatida) with an aberrant coral-like morphology. Palaeontology, 59:269-293. Sutton, M.D. 2008. Tomographic techniques for the study of exceptionally preserved fossils. Proceedings of the Royal Society B (Biological sciences), 275:1587-1593. Sutton, M.D., Briggs, D.E.G., Siveter, D.J., and Siveter, D.J. 2005. Silurian brachiopods with soft-tissue preservation. Nature, 436:1013-1015. Sutton, M.D., Rahman, I.A., and Garwood, R.J. 2014. Techniques for Virtual Palaeontology. Wiley, Oxford. Thomas, G.A. 1958. The Permian Orthotetacea of Western Australia. Bureau of Mineral Resources, Bulletin of Australian Geology and Geophysics, 39:1-159. Tomašových, A. and Farkaš, J. 2005. Cathodoluminescence of Late Triassic terebratulid brachiopods: implications for growth patterns. Palaeogeography, Palaeoclimatololgy, Palaeoecology, 216:215-233. Waterhouse, J.B. and Waddington, J. 1982. Systematic descriptions, paleoecology and correlations of the Late Paleozoic subfamily Spiriferellinae (Brachiopoda) from the Yukon Territory and the Canadian Arctic Archipelago. Bulletin of Geological Survery of Canada, 289:1-57. Westbroek, P. 1969. The interpretation of growth and form in serial sections through brachiopods, exemplified by the trigonirhynchiid septalium. Palaeontology, 12:321-332. Williams, A. 2002. Coordinating author's preface, p. xxvi-xxx. In Kaesler, R.L. (ed.), Treatise on Invertebrate Paleontology, Part H. Brachiopoda (Revised) 4 Rhynchonelliformea (part). Geological Society of America and University of Kansas Press, Boulder, Colorado and Lawrence, Kansas, 1-807. XMT of carboniferous scorpions The arthropod Camptophyllia Olfaction in rhynchosaurs Stylohyal of a giant sloth Skull of Tenontosaurus Jurassic fish - X-ray Analysis of ammonoid jaws Psammosteids revision	cc/2019-30/en_middle_0064.json.gz/line1526
__label__cc	0.545737	0.454263	Tag Archives: hawthornden On Keats’s Odes “To A Nightingale” & “On Melancholy,” & Their Relation to Some Poems of William Drummond of Hawthornden In his article, “Keats’s Sonnet ‘To Sleep,’ Sidney, Drummond, Daniel and Beaumont and Fletcher,”1Dr. Edgecombe establishes Keats’s indebtedness to several authors for both the theme and the construction of his sonnet. On the precedent of Dr. Edgecombe’s example, I wish to open the door further still to the likelihood that Keats’s debt to William Drummond of Hawthornden extends beyond the thematic and constructive components of the sonnet To Sleep, accruing further interest in two of the odes dating from late April and May of 1819, namely, To a Nightingale, and On Melancholy. The brief chronology2 of composition for Keats’s sonnet To Sleep, and the odes that followed rapidly from the same period is, I believe, of some consequence for the purpose of provisionally circumscribing what Keats’s debt to Drummond consists in. Keats, as will be established below, incorporates material from Drummond’s Poems of 1616 into three of his poems (including the sonnet To Sleep) dating from the spring of 1819; but not, it would seem, before or after this brief period was Drummond again made use of by Keats in the composition process.3 For Keats, Drummond (himself a consistently eccentric and derivative versifier) was but one peg among many in the company of great English poets and dramatists of the 16th and 17th centuries used for the tuning of his own poetic instrument. Permit the fifth stanza of Keats’s Ode to a Nightingale to supply the first example: I cannot see what flowers are at my feet, Nor what soft incense hangs upon the boughs, But, in embalmèd darkness, guess each sweet Wherewith the seasonable month endows The grass, the thicket, and the fruit-tree wild; White hawthorn, and the pastoral eglantine; Fast-fading violets cover’d up in leaves; And mid-May’s eldest child, The coming musk-rose, full of dewy wine, The murmurous haunt of flies on summer eves.4 By situating the above stanza in immediate relation to the Madrigalii, from part two of Drummond’s Poems of 1616, a number of thematic and verbal parallels are at once observable: 5 Deare Night, the Ease of Care, Vntroubled Seate of Peace, Times eldest Childe, which oft the Blinde doe see, On this our Hemispheare, What makes thee now so sadly darke to bee? Comm’st thou in funeral Pompe her Graue to grace? Or doe those Starres which should thy Horrour cleare, In Ioues high Hall aduise, In what Part of the Skies, With them, or Cynthia shee shall appeare? Or (ah alas!) because those matchlesse Eyes Which shone so faire, below thou dost not finde, Striu’st thou to make all other Eyes looke blinde?6 In both the stanza from Keats’s ode and the Madrigal ii of Drummond, blindness brought about by the absence of the sun frames a motif that allows, respectively, the generation of a metaphorically allusive or descriptive vision. Drummond makes a paradoxical comment in his panegyric by making night that “which oft the Blinde doe see, / On this our Hemispheare”; and because the “matchlesse Eyes” of his mistress are absent, and a sublunary surrogate is wanting, night strives somewhat capriciously to “make all other Eyes looke blinde.” The theme of Drummond’s Madrigal ii is simple and direct. There is nothing supersensory or speculative to the poet’s musings, except the rhetorical question concerning whether the matchless starry eyes of his mistress will appear as a new-born star, or as a lunar satellite. Drummond’s paradox of celestial bodies and unseeing eyes is a metaphor, because the comparison is not explicit, spun out in predictable fashion. On the other hand, the speaker of Keats’s poem, in his nocturnal blindness, explores what might his surroundings be through an imaginative refinement of the evidence conveyed through the corporeal sense faculties (excluding sight), appending a list of sense-rich imagery to his meditation on the nightingale to give a vivid description of a place where otherwise “there is no light.” Aside from the secondary theme of night common to the two respective poems, there is a nearly direct verbal parallel between Drummond’s “Times eldest childe,” and Keats’s “mid-May’s eldest child.” As is the case with the line of Drummond’s (“forgetfulnesse possest”) that Dr. Edgecombe hears an echo of in Keats’s “forgetfulness divine,”7 so too in the same way has Keats, with his “mid-May’s eldest child,” transformed, through an infusion of poetic sensibility, the phrase he borrows from Drummond’s Madrigal ii. It is possible that there exists a certain connection between the phrase “matchlesse Eyes” in Drummond’s Madrigal ii and a line from the next poem of Keats to be dealt with in this inquiry, the Ode on Melancholy. Since Keats had either recently read, or was at the time reading Drummond’s Poems of 1616, there is no reason to think that verbal echoes or phrasing derivative of one of Drummond’s poems (in this case, the Madrigal ii) might not end up in more than one poem of Keats’. Hence, in the Ode on Melancholy we find “peerless eyes,” which is possibly a modification of Drummond’s “matchlesse Eyes” — but a final, and more compelling Keatsian derivation from Drummond’s poems can be found in the last stanza of the Ode on Melancholy: She dwells with Beauty — Beauty that must die: And Joy, whose hand is ever at his lips Bidding adieu; and aching Pleasure nigh, Turning to poison while the bee-mouth sips: Veil’d Melancholy has her sovran shrine, Though seen of none save him whose strenuous tongue Can burst Joy’s grape against his palate fine; His soul shall taste the sadness of her might, And be among her cloudy trophies hung.8 The following sonnet of Drummond’s, the twelfth in the second part of his Poems of 1616, contains again a theme that runs roughly parallel to the theme of Keats’s Ode on Melancholy. In Keats’s ode, melancholy triumphs over beauty and delight by mixing, in the mind of the poet in love with beauty and delight, sense-rich imagery with thoughts of the inevitability of the grave and a sadness predicated on the mutability of things. The theme of Drummond’s twelfth sonnet can be spelled out in similar terms: in the latter case, a cloud eclipsing the light of stars stands as a metaphor for death’s eclipse of beauty and love: As in a duskie and tempestuous Night, A Starre is wont to spreade her Lockes of Gold, And while her pleasant Rayes abroad are roll’d, Some spitefull Cloude doth robb us of her Sight: (Faire Soule) in this blacke Age so shin’d thou bright, And made all Eyes with Wonder thee beholde, Till vglie Death depriuing vs of Light, In his grimme mistie Arms thee did enfolde. Who more shall vaunt true Beautie heere to see? What Hope doth more in any Heart remaine, That such Perfections shall his Reason raine? If Beautie with thee born too died with thee? World, plaine no more of Loue, nor count his Harmes, With his pale Trophees Death hath hung his Armes.9 It should be noticed that the editors of the Everyman Library edition of Keats’s poetical works cite a line from Shakespeare’s sonnet 31:10 as a plausible source for Keats’s last line in the ode: “Hung with the trophies of my lovers gone.”10 While this is a plausible source for Keats’s line, I would maintain for the following reasons that the final line of Drummond’s twelfth sonnet offers as close a match, if not better, than does the line from Shakespeare’s 31st sonnet. Considering the likelihood that Keats had read Drummond’s Poems of 1616 either before or during the composition of his sonnet To Sleep, and the odes, To a Nightingale, and On Melancholy in the spring of 1819, and that these poems do not ostensibly rely on Shakespeare’s plays or poems for their themes, specific phrasing, or choice of word(s) any more than they do on Drummond’s Poems,one is left only with the pitting of one verbal resemblance against another, since two respective sources can be claimed to supply the singular result. In this case however, one point that works in favor of a Drummond-Keats connection rather than a Shakespeare-Keats connection is the fact that the line in question, in both Drummond and Keats’s poems, occurs as the final line of the poem, whereas the line from Shakespeare’s 31st sonnet occurs in the tenth line, and does not occupy the station of being a finishing or rounding line; which position the terminating line of Drummond’s twelfth sonnet enjoys. For this reason I would maintain that, even though Keats at some time read Shakespeare’s 31st sonnet, Drummond’s twelfth sonnet better served Keats for an example of a solid final line in his ode than did Shakespeare’s sonnet. Moreover, Shakespeare’s line does not contain an adjectival modifier of the noun “trophy,” whereas Drummond’s sonnet has “pale Trophees,” and Keats’s ode has “cloudy trophies” — the step from Drummond to Keats is, therefore, one adjective closer than the step from the un-adjectived line of Shakespeare to Keats. 1 Rodney Stenning Edgecombe, “Keats’s Sonnet ‘To Sleep,’ Sidney, Drummond, Daniel and Beaumont and Fletcher,” English Language Notes (March 1999, vol. 36, issue 3), pp. 61-67. 2 Cf. W. Jackson Bate, John Keats (The Belknap Press of Harvard University Press, Cambridge, Massachusetts, ninth printing, 1996): “Within another nine days [after April 21], in addition to some shorter poems [Bate lists in a footnote the sonnet “To Sleep,” and the two sonnets “On Fame”], he has finished the first of the great odes, the “Ode to Psyche,” and then, in another day or two, the “Ode to a Nightingale.” By the middle of May he has composed two other odes, the “Grecian Urn” and “Melancholy” p. 484. Brackets mine. 3 I have not located in the poems of Keats any further evidence of borrowing from Drummond’s Poems of 1616, or any of Drummond’s other poetical writings, prior to, or after Keats’s poems of the spring of 1819, but this does not exclude the certain possibility that some debt of Keats to Drummond’s poems may not have escaped my notice. 4 John Keats, The Complete Poems, ed., Jack Stillinger (The Belknap Press of Harvard University Press, Cambridge, Massachusetts and London, England, 1982), p. 280. 5 It might be worthwhile to point out that the 25th sonnet in the first part of Drummond’s Poems contains a nightingale theme. While an examination of this sonnet does not yield any definite parallel to Keats’s ode, the fertile subject of the nightingale can be said to represent a sort of signifier of a particular theme constant within the English poetic tradition. Even while there are no direct parallels of phrase between the fragment treating the theme of sleep in King Henry IV Part II III:I, and Keats’s sonnet To Sleep, there is nevertheless a demonstrable continuity between the two that is not merely an imagined critical imposition. Poems with a nightingale theme constitute a uniform poetic class, and can be grouped together in the same way as the 16th and 17th century genre of poems on sleep (some of which are compiled by Dr. Edgecombe in his essay). Cf. Howard Felperin, “Keats and Shakespeare: Two New Sources,” in English Language Notes (vol. 2, December 1964, issue 2), pp. 105-109: In discussing the “classic genera of nightingale poetry,” Felperin observes that “Keats undoubtedly knew several specimens,” and lists the following possibilities in the third footnote: “Farewell to the Nightingale” by Charlotte Smith, “Sonnet to the Nightingale on her Departure” by “E.S.,” and certain poems with a nightingale theme by Richard Barnfield (p. 107). 6 William Drummond, The Poetical Works of William Drummond of Hawthornden With “A Cypresse Grove,” ed., L. E. Kastner, M.A., 2 vols. (Haskell House Publishers, Ltd., New York, New York, 1968), p. 60. 7 Edgecombe, Keats’s Sonnet ‘To Sleep,’ Sidney, Drummond, Daniel and Beaumont and Fletcher,” p. 65. 8 John Keats, The Complete Poems, ed., Jack Stillinger, p. 284. 9 Drummond, p. 63. 10 John Keats, The Poems, introduction by David Bromwich and notes by Nicholas Roe (Borzoi Books, Alfred A. Knopf, Inc., New York, Toronto, second printing, 1999), p. 523. This entry was posted in Uncategorized and tagged 1616, 17th century, 1819, anatomy of, biography, borrowing, critique, english, English Language Notes, hawthornden, I cannot see what flowers are at my feet, john keats, lit crit, literary criticism, literature, melancholia, melancholy, Ode on Melancholy, Ode to a Nightingale, on a grecian urn, plagiarism, poetry, review, robert burton, Rodney Stenning Edgecombe, scotland, seventeenth century, Shakespeare, sonnet, sonnets, The Poetical Works of William Drummond of Hawthornden, To a Nightingale, to sleep, tradition, W. Jackson Bate, william drummond on December 15, 2012 by philosophymajor.	cc/2019-30/en_middle_0064.json.gz/line1531
__label__wiki	0.70123	0.70123	Assembly of nanoparticles proceeds like a zipper by Aalto University Zipper-like assembly of nanocomposite leads to superlattice wires that are characterized by a well-defined periodic internal structure. Credit: Dr. Nonappa and Ville Liljeström It has always been the Holy Grail of materials science to describe and control the material's structure-function relationship. Nanoparticles are an attractive class of components to be used in functional materials because they exhibit size-dependent properties, such as superparamagnetism and plasmonic absorption of light. Furthermore, controlling the arrangement of nanoparticles can result in unforeseen properties, but such studies are hard to carry out due to limited efficient approaches to produce well-defined three-dimensional nanostructures. According to scientists from the Biohybrid Materials Group, led by Prof. Mauri Kostiainen, nature's own charged nanoparticles – protein cages and viruses – can be utilized to determine the structure of composite nanomaterials. Viruses and proteins are ideal model particles to be used in materials science, as they are genetically encoded and have an atomically precise structure. These well-defined biological particles can be used to guide the arrangement of other nanoparticles in an aqueous solution. In the present study, the researchers show that combining native Tobacco Mosaic Virus with gold nanoparticles in a controlled manner leads to metal-protein superlattice wires. "We initially studied geometrical aspects of nanoparticle superlattice engineering. We hypothesized that the size-ratio of oppositely charged nanorods (TMV viruses) and nanospheres (gold nanoparticles) could efficiently be used to control the two-dimensional superlattice geometry. We were actually able to demonstrate this. Even more interestingly, our structural characterization revealed details about the cooperative assembly mechanisms that proceeds in a zipper-like manner, leading to high-aspect-ratio superlattice wires," Kostiainen says. "Controlling the macroscopic habit of self-assembled nanomaterials is far from trivial," he adds. Superlattice wires potential to form new materials The results showed that nanoscale interactions really controls the macroscopic habit of the formed superlattice wires. The researchers observed that the formed macroscopic wires undergo a right-handed helical twist that was explained by the electrostatic attraction between the asymmetrically patterned TMV virus and the oppositely charged spherical nanoparticles. As plasmonic nanostructures efficiently affect the propagation of light, the helical twisting resulted in asymmetric optical properties (plasmonic circular dichroism) of the material. "This result is ground breaking in the sense that it demonstrates that macroscopic structures and physical properties can be determined by the detailed nanostructure, i.e. the amino acid sequence of the virus particles. Genetical engineering routinely deals with designing the amino acid sequence of proteins, and it is a matter of time when similar or even more sophisticated macroscopic habit and structure-function properties are demonstrated for ab-initio designed protein cages," explains Dr. Ville Liljeström who worked on the project during three years of his doctoral studies. The research group demonstrated a proof-of-concept showing that the superlattice wires can be used to form materials with physical properties controlled by external fields. By functionalizing the superlattice wires with magnetic nanoparticles, the wires could be aligned by a magnetic field. In this manner they produced plasmonic polarizing films. The purpose of the demonstration was to show that electrostatic self-assembly of nanoparticles can potentially be used to form processable materials for future applications. Self-assembled nanostructures can be selectively controlled More information: Ville Liljeström et al. Cooperative colloidal self-assembly of metal-protein superlattice wires, Nature Communications (2017). DOI: 10.1038/s41467-017-00697-z Provided by Aalto University Citation: Assembly of nanoparticles proceeds like a zipper (2017, September 22) retrieved 16 July 2019 from https://phys.org/news/2017-09-nanoparticles-proceeds-zipper.html Synthetic and biological nanoparticles combined to produce new metamaterials Researchers create nanoscale gold coating with largest-ever superlattice (w/ video) Doping crystals of nanocrystals Plug n' Play protein crystals Carbonitride aerogels mediate the photocatalytic conversion of water	cc/2019-30/en_middle_0064.json.gz/line1532
__label__cc	0.562004	0.437996	yeehawe26 sec ago arm7 hashes38 sec ago UntitledCSS \| 40 sec ago $$POCKETS RICK ROSS$$46 sec ago Make Magazine Exclusion- Updated October 26th 2016 SexyCyborg Oct 15th, 2016 (edited) 7,475 Never Make Magazine's print edition has content guidelines in order to stay classroom friendly. This is both self-evident and standard publishing industry practice. Those guidelines match the student dress code in conservative American school districts. In order to avoid the legal and social liability of telling women their appearance is why their project or photo can't be featured- and letting them make adjustments, Make "overlooks" (ignores) them. As an analogy; if you give a donut to every coworker every Friday- except one, that's social exclusion, and still aggression. "OMG I didn't notice you" is not a credible excuse unless the excluded coworker is plausibly less noticeable than the coworkers you are sharing with. Likewise "well you didn't ask for a donut" is not acceptable unless everyone was expected to ask and not given a donut otherwise. Since women's Making has evolved in the last decade to increasingly become about Cosplay, Festival/Ravewear, Wearables and Disruptive Fashion, it means that the majority of female Makers can no longer be featured in Make under their current guidelines. We know this because revealing fashion in these very popular areas is never shown in print. Experimental Fashion is almost never classroom appropriate. As we all know, women are disproportionally effected by dress codes and decency standards. This pattern of exclusion is harmful because many female Makers are also vlogers, performers, authors and educators, and a feature in Make Magazine can have a significant effect on their careers and income. I maintain that while keeping Make Magazine on the shelves in conservative school districts is something we all want, Make disclosing it's content guidelines is less harmful than the current silent exclusion of a large part of our community. I think most women, even if we strongly disagree with the current Make Magazine modesty standards can make some adjustments to a project if it means the opportunity to inspire young people. We should at the very least be given the opportunity to make the choice. Given that the current guidelines appear to spill over into projects dealing with sexuality and women's health, a yearly special edition of Make for topics their conservative subscribers can't tolerate, would be welcomed by many. Just for the record, I'm a huge Make Magazine fan- I just want to see it better represent the young women who are actually Making things right now, not some academic ideal of an "appropriate role model" whom they think should represent female Makers. I think Make can do that without offending conservative sensibilities if they are just a bit more transparent about what they need. In the end- if a "bad" role model is transgressing in relatively harmless ways through use of technology, she's a pretty good role model. We can't tell young women to be disruptive and assertive, then punish them with exclusion when they are. Make Magazine's print edition has content guidelines in order to stay classroom friendly. This is both self-evident and standard publishing industry practice. Those guidelines match the student dress code in conservative American school districts. In order to avoid the legal and social liability of telling women their appearance is why their project or photo can't be featured- and letting them make adjustments, Make "overlooks" (ignores) them. As an analogy; if you give a donut to every coworker every Friday- except one, that's social exclusion, and still aggression. "OMG I didn't notice you" is not a credible excuse unless the excluded coworker is plausibly less noticeable than the coworkers you are sharing with. Likewise "well you didn't ask for a donut" is not acceptable unless everyone was expected to ask and not given a donut otherwise. Since women's Making has evolved in the last decade to increasingly become about Cosplay, Festival/Ravewear, Wearables and Disruptive Fashion, it means that the majority of female Makers can no longer be featured in Make under their current guidelines. We know this because revealing fashion in these very popular areas is never shown in print. Experimental Fashion is almost never classroom appropriate. As we all know, women are disproportionally effected by dress codes and decency standards. This pattern of exclusion is harmful because many female Makers are also vlogers, performers, authors and educators, and a feature in Make Magazine can have a significant effect on their careers and income. I maintain that while keeping Make Magazine on the shelves in conservative school districts is something we all want, Make disclosing it's content guidelines is less harmful than the current silent exclusion of a large part of our community. I think most women, even if we strongly disagree with the current Make Magazine modesty standards can make some adjustments to a project if it means the opportunity to inspire young people. We should at the very least be given the opportunity to make the choice. Given that the current guidelines appear to spill over into projects dealing with sexuality and women's health, a yearly special edition of Make for topics their conservative subscribers can't tolerate, would be welcomed by many. Just for the record, I'm a huge Make Magazine fan- I just want to see it better represent the young women who are actually Making things right now, not some academic ideal of an "appropriate role model" whom they think should represent female Makers. I think Make can do that without offending conservative sensibilities if they are just a bit more transparent about what they need. In the end- if a "bad" role model is transgressing in relatively harmless ways through use of technology, she's a pretty good role model. We can't tell young women to be disruptive and assertive, then punish them with exclusion when they are.	cc/2019-30/en_middle_0064.json.gz/line1541
__label__wiki	0.70881	0.70881	US7479884B1 - System and method for monitoring objects, people, animals or places - Google Patents System and method for monitoring objects, people, animals or places Download PDF modulating Larry W. Fullerton Cedar Ridge Research LLC 2005-08-30 Application filed by Cedar Ridge Research LLC filed Critical Cedar Ridge Research LLC 2007-08-17 Assigned to CEDAR RIDGE RESEARCH reassignment CEDAR RIDGE RESEARCH ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS). Assignors: FULLERTON, LARRY W. G01S13/00—Systems using the reflection or reradiation of radio waves, e.g. radar systems; Analogous systems using reflection or reradiation of waves whose nature or wavelength is irrelevant or unspecified G01S13/74—Systems using reradiation of radio waves, e.g. secondary radar systems; Analogous systems G01S13/75—Systems using reradiation of radio waves, e.g. secondary radar systems; Analogous systems using transponders powered from received waves, e.g. using passive transponders, or using passive reflectors G01S13/751—Systems using reradiation of radio waves, e.g. secondary radar systems; Analogous systems using transponders powered from received waves, e.g. using passive transponders, or using passive reflectors wherein the responder or reflector radiates a coded signal G01S13/756—Systems using reradiation of radio waves, e.g. secondary radar systems; Analogous systems using transponders powered from received waves, e.g. using passive transponders, or using passive reflectors wherein the responder or reflector radiates a coded signal using a signal generator for modifying the reflectivity of the reflector G01S13/003—Bistatic radar systems; Multistatic radar systems G01S13/87—Combinations of radar systems, e.g. primary radar and secondary radar G01S13/878—Combination of several spaced transmitters or receivers of known location for determining the position of a transponder or a reflector G06K—RECOGNITION OF DATA; PRESENTATION OF DATA; RECORD CARRIERS; HANDLING RECORD CARRIERS G06K19/00—Record carriers for use with machines and with at least a part designed to carry digital markings G06K19/06—Record carriers for use with machines and with at least a part designed to carry digital markings characterised by the kind of the digital marking, e.g. shape, nature, code G06K19/067—Record carriers with conductive marks, printed circuits or semiconductor circuit elements, e.g. credit or identity cards also with resonating or responding marks without active components G06K19/07—Record carriers with conductive marks, printed circuits or semiconductor circuit elements, e.g. credit or identity cards also with resonating or responding marks without active components with integrated circuit chips G06K19/0723—Record carriers with conductive marks, printed circuits or semiconductor circuit elements, e.g. credit or identity cards also with resonating or responding marks without active components with integrated circuit chips the record carrier comprising an arrangement for non-contact communication, e.g. wireless communication circuits on transponder cards, non-contact smart cards or RFIDs G06Q10/08—Logistics, e.g. warehousing, loading, distribution or shipping; Inventory or stock management, e.g. order filling, procurement or balancing against orders G01S13/02—Systems using reflection of radio waves, e.g. primary radar systems; Analogous systems G01S13/06—Systems determining position data of a target G01S13/08—Systems for measuring distance only G01S13/10—Systems for measuring distance only using transmission of interrupted pulse modulated waves G01S13/18—Systems for measuring distance only using transmission of interrupted pulse modulated waves wherein range gates are used G01S7/00—Details of systems according to groups G01S13/00, G01S15/00, G01S17/00 G01S7/02—Details of systems according to groups G01S13/00, G01S15/00, G01S17/00 of systems according to group G01S13/00 G01S7/024—Details of systems according to groups G01S13/00, G01S15/00, G01S17/00 of systems according to group G01S13/00 using polarisation effects An improved system and method for monitoring objects, people, animals, or places uses a passive Modulating Reflector (MR) tag where an antenna is alternately short and open circuited according to a time-varying pattern by a modulating network thereby causing the reflective characteristics of the antenna to vary in accordance with the time-varying pattern. When an interrogator transmits an RF waveform that impinges on the antenna, the return signal reflecting off the antenna is modulated in accordance with the time-varying pattern allowing a remote receiver to demodulate information from the modulated return signal. The MR tag can be used with a wide variety of tag-interrogator configurations employing monostatic and/or bistatic radar techniques to allow monitoring, locating, and/or tracking of objects, people, animals, or place with which MR tags are associated. This application claims the benefit of U.S. Provisional Application Ser. No. 60/605,720, filed Aug. 31, 2004. The present invention relates generally to a system and method for monitoring objects, people, animals, or places. More particularly, the present invention relates to monitoring objects, people, animals, or places using tags and an interrogator. It is often desirable or necessary to monitor objects, people, animals or places, which may involve the monitoring of information about the objects, people, animals or places; locating the objects, people, animals or places; and/or tracking the objects, people, animals, or places. One approach for monitoring, for example, an object involves associating an active tag with the object. An active tag transmits an RF signal that can be received by a suitable receiver, which can demodulate the signal to determine the tag's identification and be used to locate the tag. Active tags can be transmit-only devices or can be transceivers capable of transmitting and receiving. Transmit-only tags can transmit continuously or periodically (e.g., for 1 second every 10 seconds). Such tags may stay in a powered down ‘sleep’ mode until interrogated in which case they ‘power up’ and begin transmitting. Transmit-only tags can be associated with a sensor or some other device and transmit only when a condition is met (e.g., smoke is detected). Transceiver-type tags may continuously or periodically (e.g., for 1 second every 10 seconds) ‘listen’ for a ‘tag request’ signal, which can be received and demodulated, and if the received signal has the appropriate data (e.g., the identifier for a particular tag or tags), then one or more of the tags may respond. Another approach for monitoring an object, for example, involves associating an inductive RFID tag with the object. With this approach an interrogator uses a loop of wire to inductively communicate with and possibly power the inductive tag by modulating the loading of the loop with a modulation signal. A passive approach for monitoring an object, for example, involves associating a RF backscatter tag with the object. An RF backscatter tag consists of a resonant antenna having a resistive load placed across its terminals that is varied to impose an Amplitude Modulated (AM) envelope onto its reflection characteristics, thereby conveying a signal back to an interrogator via the modulated reflection. The receive antenna is usually connected to a rectifier that converts the RF received from the interrogator to DC to power the circuit. These passive tags typically operate in the microwave spectrum. Existing passive tags, however, have limited signal-to-noise (SNR) and thus require the interrogator to be within close range of the tag and/or operate at a low data rate. As such, a system and method is needed that significantly increases the signal-to-noise (SNR) of passive tags in order to allow tracking and locating at much greater ranges and much higher data rates. The present invention is an improved system and method for monitoring objects, people, animals, or places using a passive Modulating Reflector (MR) tag. In one embodiment, any one or any combination of the impedance, delay, phase, polarization or attenuation characteristics of an antenna are modified in accordance with a time-varying pattern such that when an interrogator's RF waveform impinges on the antenna, the return signal reflecting off the antenna is likewise modulated as a result of the modification of the antenna characteristics. The information contained in this signal can then be demodulated by a remote receiver, typically contained within the interrogator. In another embodiment the tag is powered by a self-contained battery or other local energy source. In a further embodiment, Direct Sequence Spread Spectrum (DSSS) techniques are applied to channelize the tags and give them some immunity to RF noise sources in the same band, including other interrogators and tags. In a preferred embodiment, the DSSS modulation is imposed on the interrogation waveform by the interrogator. In yet another embodiment, the MR tag's antenna structure is incorporated into a retro reflector. In still another embodiment, the MR tag's antenna structure is constructed as a phased array allowing the reflective direction of the antenna structure to be programmable by varying and controlling the delays or phase shifts of the antenna elements The present invention is described with reference to the accompanying drawings. In the drawings, like reference numbers indicate identical or functionally similar elements. Additionally, the left-most digit(s) of a reference number identifies the drawing in which the reference number first appears. FIG. 1A illustrates a receive antenna having an impedance matched load absorbing an incoming RF wave; FIG. 1B illustrates an incoming RF wave reflecting off a receive antenna having an open circuit thereby resulting a reflected RF wave having a first polarity; FIG. 1C illustrates an incoming RF wave reflecting off a receive antenna having a shorted circuit thereby resulting a reflected RF wave having a second polarity; FIG. 2 illustrates an exemplary modulating reflector of the present invention where an antenna is connected to a block symbolizing a modulating network; FIG. 3A illustrates an embodiment of the invention incorporating a bowtie antenna; FIG. 3B illustrates an embodiment of the invention incorporating a loop antenna; FIG. 3C illustrates an embodiment of the invention incorporating a dish antenna; FIG. 3D illustrates an embodiment of the invention incorporating a horn antenna, FIG. 3E illustrates an embodiment of the invention incorporating a printed antenna; FIG. 3F illustrates an embodiment of the invention incorporating a 7-element Yagi antenna; FIG. 4A illustrates an embodiment of a modulating network of the invention incorporating a diode switched short; FIG. 4B illustrates an embodiment of a modulating network of the invention incorporating a bipolar transistor switched short; FIG. 4C illustrates an embodiment of a modulating network of the invention incorporating a field effect transistor switched short; FIG. 5 illustrates the signal expected to be received by an interrogator using 100 mW of effective power that is located at various ranges from a tag having 3 dB gain; FIG. 6 illustrates the signal expected to be received by an interrogator using 100 mW of effective power that is located at various ranges from a tag having 20 dB gain; FIG. 7 illustrates the signal expected to be received by an interrogator using 10 KW of effective power that is located at various ranges from a tag having 3 dB gain; FIG. 8 depicts an operational prototype of a semi-passive RF tag of the present invention constructed by the inventor; and FIG. 9 depicts an operational prototype of an interrogator of the present invention constructed by the inventor. FIG. 10A depicts a first exemplary tag-interrogator architecture. FIG. 10B depicts a second exemplary tag-interrogator architecture. FIG. 10C depicts a third exemplary tag-interrogator architecture. FIG. 10D depicts a fourth exemplary tag-interrogator architecture. The present invention will now be described more fully in detail with reference to the accompanying drawings, in which the preferred embodiments of the invention are shown. This invention should not, however, be construed as limited to the embodiments set forth herein; rather, they are provided so that this disclosure will be thorough and complete and will fully convey the scope of the invention to those skilled in art. Like numbers refer to like elements throughout. Antennas are electromagnetic structures that are used for transmitting and receiving electromagnetic radiation. When a current having an appropriate frequency is applied to the terminals of an antenna structure, it is caused to convert some of the power applied to the terminals into electromagnetic radiation that is then radiated, or transmitted, by the antenna structure into space. Conversely, when electromagnetic radiation having appropriate frequency and polarity encounter an antenna structure, electromagnetic radiation can be absorbed, or received, by the antenna structure and converted into a current that appears at the terminals. However, depending on how the antenna structure is terminated, some of the electromagnetic radiation can be reflected back to the antenna and reemitted into space. FIGS. 1A-1C illustrate different absorption and reflection characteristics of an antenna resulting from a difference in how it is terminated. FIG. 1A shows antenna structure 102 having terminals 104, 106 across which a ‘characteristic’ (or matched) impedance 108 is applied. When an antenna is terminated by a load matching the impedance of the terminals, most of the electromagnetic energy 110 encountering the antenna structure will be absorbed by that load and very little energy will be reflected back to the antenna structure for reemission. The antenna effectively absorbs the incoming wave. However, when a load is applied to the terminals of a receive antenna that does not match the characteristic impedance of the antenna terminals then some of the energy will be reflected back to the antenna structure. When such a current is reflected back to the antenna some of that current will be converted to electromagnetic energy and will be radiated back (or reemitted) into space. Note that the impedance that matches the impedance of a well designed antenna structure operating within its nominal frequency range is essentially a pure resistive impedance and accordingly is illustrated that way in FIG. 1A for clarity. In some cases contemplated by the inventor, however, an antenna may be either undersized or oversized relative to its resonant wavelength. An undersized antenna will be capacitive and will need a resistor-capacitor network to match it. Whereas, an oversized antenna will be inductive and require a resistor-inductor network for a match. FIG. 1B depicts antenna structure 102 having terminals 104, 106 that are open circuited. If the terminals of the antenna are open circuited, some of encountered electromagnetic energy 110 is reflected back to the antenna structure and return signal 112 is emitted having the same frequency and polarity as the encountered electromagnetic energy 110. FIG. 1C depicts antenna structure 102 having terminals 104, 106 that are short circuited by short circuit 114. If the terminals of the antenna are short circuited, some of encountered electromagnetic energy 110 is reflected back to the antenna structure and inverted return signal 116 is emitted having the same frequency and opposite polarity as the encountered electromagnetic energy 110. The inventor recognized that if a remote transceiver (i.e., transmitter/receiver) radiates waves toward an antenna that is being alternately short and open circuited in accordance with a pattern then the remote transceiver will receive waves radiating back from the structure that are alternately of one phase and 180° phase shifted, or inverted in polarity, in accordance with the same pattern. As such, the terminals of an antenna structure can be short and open circuited as a form of Phase Shift Keying modulation in order to convey data from the antenna structure back to the remote transceiver. This modulating reflector approach to conveying data is done without the antenna structure receiving or transmitting in the usual sense and therefore conventional transmit and receive circuitry is not required. As such, a very low power, semi-passive MR can be produced from an antenna structure and what little circuitry is required to short and open it in accordance with a pattern known by the transceiver (or interrogator). Various other novel methods can be used by the present invention to modulate an incoming signal before re-emitting it. In accordance with the invention, the MR tag can modulate an incoming signal by varying any one or a combination of the amplitude, phase angle, polarization angle, time delay, polarity, and direction of the reflected (re-emitted) signal. Modulation of the incoming wave via any of these modes may be either linearly or discretely varied before returning the RF energy back to the MR tag's antenna structure. For example, the phase angle of the incoming wave can be modulated by either continuous or by discrete values from 0° to 360° of rotation before returning it to the MR tag's antenna. One exemplary modulation mode utilized by the MR tag is conventionally called Binary Phase Shift Keying (BPSK). In one embodiment involving BPSK modulation, a carrier's phase is modulated only by the values ±90° and the sequence of the phase shifts is made according to a suitable coded pattern, e.g. maximal length sequence codes generated by a feedback shift register. There are many types and lengths of CDMA codes that may be used by the tag. An exemplary example would be a Gold code which is a combination of two pseudo random codes, one longer than the other which permits rapid lock with a poor signal-to-noise level, but then quickly allows locking to the longer sequence that achieves optimal performance. Codes may be selected based upon their correlation properties (i.e., autocorrelation and/or cross-correlation) and/or spectral properties. It is further anticipated that many otherwise conventional modulation methods may be utilized by the MR tag and the description of the modulation examples above is not intended to limit it to these methods. Some of these modulation methods that may be utilized either alone or in combination with the others include: Frequency Modulation (FM), Amplitude Modulation (AM), Phase Shift Keying (PSK), Quadrature Phase Shift Keying (QPSK), Higher orders of PSK, Trellis, and Pulse Amplitude Modulation (PAM). It is often desirable to field a plurality of tags so as to track and locate a plurality of objects. As such Direct Sequence Spread Spectrum (DSSS) coding techniques can be used with the MR tags to provide channelization and to give them some immunity to RF noise sources in the same band, including other interrogators and MR tags. In a preferred embodiment, the additional DSSS modulation uses a modulation rate such that its resulting modulation (i.e., information and code) bandwidth would be greater than the bandwidth required by the information alone. According to the theory of spread spectrum, narrow band interference within the occupied RF band can then be reduced by approximately the ratio of the DSSS bandwidth to the information bandwidth. DSSS modulation can be imposed on the interrogation waveform by the MR tag or by the interrogator. The use of DSSS modulation on the interrogation waveform would be primarily to channelize it with respect to waveforms produced by other interrogators within reception range that have the potential to cause mutual interference. Another purpose would be to reduce its “signature” to hostile receivers in applications in which it is desirable that the interrogator be as innocuous as possible, such as in a warfare or law enforcement environment. FIG. 2 illustrates an exemplary modulating reflector of the present invention where an antenna 202 is connected to a block symbolizing a modulating network where the modulating network would include appropriate circuitry required to implement one or more of the various modulating methods described above. FIGS. 3A-3F illustrate different embodiments of antennas that can be used with the present invention. In FIG. 3A, modulating network 204 is connected across terminals 104, 106 to bowtie antenna 302. In FIG. 3B, modulating network 204 is connected across terminals 104, 106 to loop antenna 304. In FIG. 3C, modulating network 204 is connected across terminals 104, 106 to dish antenna 306. In FIG. 3D, modulating network 204 is connected across terminals 104, 106 to horn antenna 308. In FIG. 3E, modulating network 204 is connected across terminals 104, 106 to printed antenna 310. In FIG. 3F, modulating network 204 is connected across terminals 104, 106 to 7 element Yagi antenna 312. One of ordinary skill in the art will recognize that a multitude of antenna types, each with its own antenna characteristics, can be employed in accordance with the present invention so as to achieve appropriate performance given operational conditions for which the antennas are intended. FIGS. 4A-4C illustrate three embodiments of a modulating network whereby a active element is used to short circuit/open circuit modulate an exemplary loop antenna. The three active elements shown in FIGS. 4A-4C are a diode, a bipolar transistor, and a field effect transistor, respectively. In each case the active component is caused to be either high or low impedance depending on the bias current supplied to it. The inductors and capacitors are used to isolate the modulating circuit from the RF circuit. The capacitors are chosen to have low impedance with respect to the RF frequencies and high impedance to the modulating frequencies. Conversely, the inductors are chosen to present high impedance to the RF frequencies and low impedance to the modulating frequencies. In FIG. 4A, antenna 102 having terminals 104, 106 is connected to modulating network 204 a. Specifically, terminal 104 is connected to capacitor 402 and terminal 106 is connected to capacitor 404. Capacitors 402 and 404 are connected in series with inductors 406 and 408, respectively. Diode 410 is connected at the junction between capacitor 402 and inductor 406 and at the junction between capacitor 404 and inductor 408. Inductor 406 is connected to power source 412 which is in turn connected to one side of switch 414. Inductor 408 is connected to the other side of switch 414. As such, switch 414 can be used to open and short circuit antenna 102. In FIG. 4B, antenna 102 having terminals 104, 106 is connected to modulating network 204 b. Specifically, terminal 104 is connected to capacitor 402 and terminal 106 is connected to capacitor 404. Capacitor 402 is connected to the collector of bipolar transistor 416. Capacitor 404 is connected in series with inductor 408. The emitter of bipolar transistor 416 is connected to the junction between capacitor 404 and inductor 408 and the base of bipolar transistor 416 is connected to inductor 406. Inductor 406 is connected to power source 412 which is in turn connected to one side of switch 414. Inductor 408 is connected to the other side of switch 414. As such, switch 414 can be used to open and short circuit antenna 102. In FIG. 4C, antenna 102 having terminals 104, 106 is connected to modulating network 204 c. Specifically, terminal 104 is connected to capacitor 402 and terminal 106 is connected to capacitor 404. Capacitor 402 is connected to the source of field effect transistor 418. Capacitor 404 is connected in series with inductor 408. The drain of field effect transistor 418 is connected to the junction between capacitor 404 and inductor 408 and the gate of field effect transistor 418 is connected to inductor 406. Inductor 406 is connected to power source 412 which is in turn connected to one side of switch 414. Inductor 408 is connected to the other side of switch 414. As such, switch 414 can be used to open and short circuit antenna 102. The power source 412 of FIGS. 4A-4C can be a self-contained battery or a local energy source. If the power source and switch in FIGS. 4A-4C are replaced by a variable current then the loading on the antenna can be linearly varied from short circuit to open circuit, thereby giving it the ability to vary the reemitted wave through all values from 0° to 18° of phase shift. This gives the modulator the ability to perform higher orders of modulation including FM, AM, BPSK and PAM. If the diode of FIG. 4A is replaced by a phase shift or delay network consisting of inductors, capacitors and possibly resistors, then the phase and/or amplitude of the received RF may be modified before returning it to the antenna for reemission. If one or more of these elements are variable at a rate high enough to support data modulation, then such a network will support the modes of modulation that include n-ary coding, generalized PSK, QPSK and trellis. The delay or phase shift may also be accomplished through the use of discrete delay elements such as strip lines, coaxial cable or other conventional delay means. The networks that may be used to accomplish this delay or phase shift are generally known in the art. Examples include variactors in reactive networks and PIN diode switched discrete delay lines. In order to improve the gain or radar cross section (RCS) of the MR tag with respect to the interrogator, the tag's antenna structure may be incorporated into a retro reflector. Retro reflectors are generally known in the RADAR art and are used to increase the amount of reflected energy that is returned to a RADAR from a target in a manner that is generally independent of the angle between the RADAR and the retro reflector. It operates to return incoming waves directly back to the RADAR regardless of this angle, and thereby presents a high RCS target. When a MR tag's antenna structure is incorporated into such a retro reflector, the effective range and/or data rate at a given range can be substantially increased. In the simplest embodiment the MR tag's antenna structure may be centered within a standard corner reflector, or trihedral, so that it modifies the wave both as it enters and as it leaves. This simple method has the drawback however of inducing a destructive interference at some angles that would have otherwise been within the capability of the retro reflector to return RF energy to the interrogator. In the invention it is disclosed that improved angular capability can be achieved by placing the MR tag's antenna (or antennas) on one or more faces of a corner reflector. In this way there is no potential for destructive interference between the incoming and outgoing wave which allows the retro reflectors full angular capability to be utilized. Similarly, other generally known retro reflector structures may be utilized, such as the Luneberg Lens. It is also the intent of this invention to utilize artificial negative refractive index materials to synthesize an essentially flat retro reflector/modulating antenna structure. A summary of these materials can be found in the Aug. 6, 2004 issue of Nature on page 788. “Reflected Direction” may be accomplished by constructing the MR tag's antenna structure as a phased array. Each individual element of the array would have the ability to delay or phase shift the incoming RF before returning it to its own element. When these delays or phase shifts are properly set according to the array geometry then the outgoing wave can be programmed to emit in any desired direction with respect to the direction of the incoming wave. It acts as though it is a plane mirror situated at an angle with respect to the interrogator. If all the delays or phase shifts are zero or a multiple of 2Π of the incoming wave's frequency, then the array acts as a plane mirror positioned in exactly the plane of the antenna structure itself. Otherwise the physical array and the plane of reflection can be programmed by varying and controlling the delays or phase shifts of the antenna elements in which case the effective reflection plane vs. the physical array angle will be in accordance with the programmed delays or phase shifts. As an element of this invention, a programmable reflection direction can be used to sweep the reemitted RF in an area or solid angle to act in lieu of a retro reflector. By sweeping the angle of the reflection it will eventually reflect back to the interrogator regardless of the physical angle that exists between them, thereby giving the effect of a retro reflector but allowing a flat form factor rather than the larger volume required of a physical retro reflector such as a trihedral. Various forms of interrogators can be used in accordance with the invention. Under one arrangement, a conventional monostatic x-band radar is used as an interrogator, for example, one like those used to detect the speed of vehicles or baseballs. With a monostatic radar, the interrogation signal is transmitted from the same location that the return signal is received. FIG. 10A depicts an exemplary tag-interrogator architecture where an object 1002 has associated with it a MR tag 1004 that is interrogated by a transceiver 1006 functioning as a monostatic radar. Under another arrangement, a bistatic radar configuration is employed where an interrogation signal is transmitted from one location and the return signal is received at another location. In this case, the receiver will lock on the transmitted signal in order to derive its local oscillator's frequency and phase to achieve coherency with the signal that is emitted from tags being interrogated. Coherency is desirable as it improves the range and signal-to-noise performance of the receiver. FIG. 10B presents an exemplary tag-interrogator architecture where an object 1002 has associated with it a MR tag 1004 that is interrogated by a transmitter 1008 and receiver 1010 functioning as a bistatic radar. Various bistatic radar configurations can be used involving various combinations of one or more transmitters with one of more receivers. For example, a warehouse might be instrumented with several receivers at fixed locations and a transmitter at a fixed location, all of which are time synchronized. With the known locations, the synchronized transmitter and receivers can determine the position of the tag by processing the return signals using triangularization techniques. The configuration can be reversed, where multiple transmitters are used with a single receiver. And, various combinations can be employed using both multiple transmitters and multiple receivers. Furthermore, combinations of monostatic and bistatic radars can be used. For example, a plurality of transceivers could be employed where each acts as a monostatic radar and also collaborates with the other transceivers to act as bistatic radar. As such, the transceivers can fully exploit back-scattering (monostatic) and forward-scattering (bistatic) effects of the tag within a given environment. Generally, one with ordinary skill in the art will recognize that a variety of configurations of transmitters, receivers, and/or transceivers, synchronized and/or non-synchronized, can be used with various time-of-flight and/or differential time-of-arrival distance determination techniques as might be desirable for a given application of the invention. FIG. 10C depicts an exemplary tag-interrogator architecture where an object 1002 has associated with it a MR tag 1004 that is interrogated by a transceiver 1006 and a receiver 1010 where transceiver 1006 functions as monostatic radar and the transceiver 1006 and receiver 1010 together function as a bistatic radar. Similarly, FIG. 10D depicts an exemplary tag-interrogator architecture where an object 1002 has associated with it a MR tag 1004 that is interrogated by a transceiver 1006, transmitter 1008, and a receiver 1010 where transceiver 1006 functions as monostatic radar, transmitter 1008 and receiver 1010 function as a bistatic radar, transmitter 1008 and transceiver 1006 together function as a bistatic radar, and transceiver 1006 and receiver 1010 together function as a bistatic radar. Clearly, a large variety of architectures can be employed using different combinations of transceivers, transmitters, and receivers as required to best meet specific requirements. In operation, the interrogator must determine the range to the tag. With one approach, it employs a range gate to isolate the return signals corresponding to a given range from those that may exist from other ranges that would otherwise provide interference. It sweeps a range gate through different time delays corresponding to different ranges at which the tag may be located. When the tag uses a CDMA code, then for each range gate swept, the interrogator must also search CDMA code phases. If the CDMA code used by the tag is among several possible codes, then the interrogator must search the CDMA code phases of the several possible codes for each range gate swept. In an alternative approach, the interrogator determines code lock before determining range. Typically, the time width of the range gate is commensurate with the pulse width of the interrogating signal. For example if the interrogating signal is 10 ns wide then the range gates would also be 10 ns wide, giving a range resolution of 5 feet for tag range determination. However, the width of the range gate may be selected to be less than or greater than the pulse width of the interrogating signal to accommodate characteristics of the tag and/or characteristics of the RF environment that effect the characteristics of the return signal. Finally, it is also possible to use ambient RF sources as tag interrogators. The receiver will again lock onto the frequency and phase of this ambient source to provide for coherent reception. Under one arrangement, a receiver may demodulate based upon the IF output of an existing radar. In practice, multipath reflections improve the range performance of the interrogator-tag system. As such, when used in a high multipath environment, the interrogator's beamwidth can be broadened to include a swath of the reflecting environment rather than using a very narrow beamwidth. The choice of operating frequency used by an interrogator will be a trade off of requirements of the operating environment and local regulatory requirements. Low frequency range of operation improves the penetration through walls and intervening objects that might be present in an office environment, for example, but increases the required size of the antenna and retro reflector. To accommodate a given operational environment, an interrogator can include any of or a combination of the following emissions: Continuous wave, an unmodulated carrier that can be used to locate the tag in azimuth and retrieve its modulation but cannot determine its range, RF pulse, an enveloped carrier which can not only retrieve the modulation of the tag and determine its azimuth with respect to the interrogator but also its range Chirp, has performance similar to the RF pulse but accomplished by sweeping the carrier over a band of frequencies DSSS, or Direct Sequence Spread Spectrum also performs like the RF pulse but does so with a carrier whose phase is switched 180 degrees according to a code Phase coded carrier also performs like the RF pulse but does so with a carrier whose phase is modulated continuously Linear, circular or elliptical polarized carrier may be used to provide isolation between the interrogator's outgoing signal and the retro reflected signal from the tag, as the tag's reflection is at a different polarization angle that that of the carrier transmitted by the interrogator. It is possible to use either a homodyne or a heterodyne receiver in the interrogator. A homodyne receiver has a relatively high noise figure, often exceeding 12 dB but it is very inexpensive to manufacture and works with very low battery power. A higher performance receiver can be made using a heterodyne receiver but it draws more power and is more expensive. Also, either method can be improved by the use of an in phase and a quadrature reception channel. Under one arrangement, sequential or simultaneous discrete frequencies are used in conjunction with an FFT algorithm to reconstruct a high special resolution waveform in lieu of a chirp waveform. For example, 256 frequencies evenly spaced between 10 GHz to 11 GHz could be employed to achieve a 1 GHz bandwidth. With this approach, an IQ (both in-phase and quadrature) receiver detects the amplitude and phase of each reemitted frequency, puts them into a proper real and imaginary array, and uses an inverse FFT algorithm to return it to the time domain, thereby rendering a range estimate to the tag to a resolution of 6″. FIGS. 5-7 illustrate the signal expected to be received by an interrogator located at various ranges and using 1 mW to 10 KW of effective radiated power. The other parameters that define the plots are shown next to each plot. Dipole antennas were assumed for the tags and they were assumed to be ideally aligned with their polarization parallel to the interrogator's polarization. Each was also assumed to be placed inside a trihedral retro reflector whose size is indicated. With FIGS. 5 and 6, an interrogator signal having a frequency of 10 GHz and transmit power of 100 mW is transmitted from a transmit antenna having 12 dB gain. Thermal noise limits 502, 504 are shown for 1 KHz and 100 KHz bandwidths, respectively. With FIG. 5, a tag having 3 dB gain uses a 3 cm diameter retroflector and with FIG. 6, a tag have 20 dB gain uses a 30 cm diameter retroflector. Curves 506 and 606 in FIGS. 5 and 6 provide a comparison of the received peak power in dBm versus range between the interrogator and a tag for the two retroflector sizes. With FIG. 7, an interrogator signal having a frequency of 10 GHz and transmit power of 10 kW is transmitted from a transmit antenna having 12 dB gain. Thermal noise limits 502, 504 are shown for 1 KHz and 100 KHz bandwidths, respectively. With FIG. 7, a tag having 3 dB gain uses a 3 cm diameter retroflector. Curves 506 and 706 in FIGS. 5 and 7 provide a comparison of the received peak power in dBm versus range between the interrogator and a tag for the tow transmit power levels. FIG. 8 and FIG. 9 depict operational prototypes constructed by the inventor. FIG. 8 shows a tag with its antenna to the left of the structure. The black dot in the center of the lines making up the antenna is a transistor used to modulate the load on the antenna. FIG. 9 shows a homodyne transceiver used to transmit and receive modulated RF back from the tag, and contains circuitry to demodulate the signal returned and use it to identify the tag by the information imposed on it by the tag's modulator and microprocessor. The tag is operated by a watch battery under the “+” sign and draws only 0.75 mA in continuous operation. This system operates at 10 GHz. Various other techniques can be used in accordance with the invention to accommodate various operational environments. One skilled in the art will recognize that the use of one or more these techniques involves tradeoffs of cost, complexity, and performance. These techniques include: Imposing polarization vector modulation on the interrogator's carrier to improve transmit/receive isolation and to determine the range of the tag while employing a single RF frequency carrier. Using a reflector or dielectric lens to beam shape the retro reflected pattern of the MR to increase the positional angle over which significant RF power will be retro reflected back to the interrogator. Using synthetic dielectrics for the retro reflector and/or beam former to improve the beam width of the MR response. Arraying tag antennas for coherent and/or non-coherent operation to increase the range of operation where coherent operation requires phase accurate retro reflection, while non-coherent does not. Configuring the MR to rotate the polarization angle of the retro reflected pattern to improve contrast. Configuring the MR to convert the handedness of a circular polarized the retro reflected pattern, for example, converting right handedness to left handedness. Configuring the MR to convert a linear retro reflected pattern to a circularly polarized retro reflected pattern. The tag-interrogator system can be used to monitor assets, objects, people, animals, vehicles, inventory, cargo in trains, ships, semi trailers, or the trains, ships, and semi trailers themselves. It can be used indoors or outdoors, in high multipath environments or low multipath environments, and can be useful for through-wall location. It can be used for long range applications such as scenarios where the interrogator and tags are on the ground or where the interrogator(s) is in the air associated with, for example, an aircraft such as a plane, helicopter, or unmanned air vehicle (UAV), and the tag(s) are on the ground (or water) associated with personnel, vehicles, and equipment, tanks, weapons, unmanned ground vehicles, etc. and vice versa. As such, the tag-interrogator system can be used for sports applications, identification of friend vs. foe (IFF), locating lost tagged items (e.g., black boxes, escaped prisoners, escaped pets or farm animals), and locating buried tagged land mines. It can also be used for short range applications such as animal and employee ID systems, emergency responder tracking, swat team member tracking, body instrumentation for virtual reality gaming, and even intra-body biomedical monitoring, In one example application, military personnel, vehicles, and equipment (e.g., rocket launchers) have tags associated with them. The tags are interrogated by interrogators located on the ground (or water) and/or in the air (e.g., a UAV) to provide situational awareness and IFF information for command and control purposes. In another example application, a helicopter can interrogate a neighborhood to find a lost pet or interrogate an area around a prison to locate an escaped prisoner. Similarly, a plane might interrogate a mountain range or an expanse of water where a plane is believed to have gone down looking for the signature of a black box or perhaps a tag on a life raft or live preserver associated with a survivor of an accident. In one scenario, cargo containers have a tag associated with them that can be detected by interrogators distributed at places (i.e., locations) about a shipyard, airport, railroad yard, manufacturing facility, storage facility, etc. where they are moved about. Using interrogation results, identification information, and correlated information in databases, the location of the cargo containers can be tracked and monitored as they are processed through a facility or otherwise stored there. As described previously, tags can also have associated with them various sensors and/or other informational sources allowing them to convey information other than their identity. For example, a tag associated with a cargo box or firefighter might also be interfaced with a temperature sensor, heart monitor, smoke sensor, etc. thereby allowing decisions to be made based upon sensor readings. Similarly, a tag associated with a soldier might interface with one or more sensors intended to detect nuclear, biological, or chemical weapons. While particular embodiments of the invention have been described, it will be understood, however, that the invention is not limited thereto, since modifications may be made by those skilled in the art, particularly in light of the foregoing teachings. It is, therefore, contemplated by the appended claims to cover any such modifications that incorporate those features or those improvements which embody the spirit and scope of the present invention. 1. A method for monitoring a person, animal, object, or place, comprising: associating a modulating reflector tag with said person, animal, object, or place, said modulating reflector tag including an antenna structure having at least one characteristic modified in accordance with a pattern, said pattern intended to convey information pertaining to said person, animal, object, or place, said modulating reflector tag being located at a first location, said antenna structure employing retro reflector effects to improve signal-to-noise of said modulating reflector tag to enable an increased interrogation range; transmitting an interrogation signal towards said modulating reflector tag using an interrogator located at a second location different from said first location, said interrogation signal reflecting off said modulating reflector tag as a return signal, said retro reflector effects causing said return signal to return directly back towards said interrogator regardless of where said interrogator is located relative to said modulating reflector tag; receiving said return signal, said receiving occurring at said second location; demodulating said received return signal to determine said information; and monitoring said person, animal, object, or place based upon said demodulated information. 2. The method of claim 1, further comprising: determining a range between said first location and said second location. determining said first location. 4. The method of claim 3, wherein said first location is determined using at least one of a plurality of transmitting locations or a plurality of receiving locations. 5. The method of claim 3, wherein said person comprises one of: an emergency responder; military personnel; a firefighter; an employee; a soldier; a prisoner; a swat team member; a survivor; and a friend. 6. The method of claim 1, wherein said animal comprises one of: a pet; a farm animal. 7. The method of claim 1, wherein said object comprises one of: a vehicle; inventory; cargo; a train; a ship; a semi trailer; an aircraft; a plane; a helicopter; an unmanned air vehicle; an unmanned ground vehicle; a weapon; a tank; a rocket launcher; equipment; a black box; a land mine; instrumentation for virtual gaming; instrumentation for intra-body monitoring; a sensor; a life raft; and a life preserver. 8. The method of claim 1, wherein said place comprises one of: a location within a shipyard; a location within an airport; a location within a railroad yard; a location within a manufacturing facility; and a location within a storage facility. associating said modulating reflector tag with a sensor. 10. The method of claim 1, further comprising: using said information pertaining to said person, animal, object, or place for at least one of: situational awareness; identification of friend versus foe; and command and control purposes. 11. A system for monitoring a person, animal, object, or place, comprising: a modulating reflector tag at a first location, said modulating reflector tag being associated with said person, animal, object, or place, said modulating reflector tag including an antenna structure having at least one characteristic modified in accordance with a pattern, said pattern intended to convey information pertaining to said person, animal, object, or place, said antenna structure employing retro reflector effects to improve signal-to-noise of said modulating reflector tag to enable an increased interrogation range; a transmitter at a second location that transmits an interrogation signal towards said modulating reflector tag, said interrogation signal reflecting off said modulating reflector tag as a return signal, said retro reflector effects causing said return signal to return directly back towards said second location regardless of where said transmitter is located relative to said modulating reflector tag; and a receiver at said second location that receives and demodulates said received return signal to determine said information, wherein said information can be used to monitor said person, animal, object, or place. 12. The system of claim 11, wherein said transmitter and receiver function as a monostatic radar. one or more additional receivers that receive one or more other return signals based upon one or more other interrogation signals. 14. The system of claim 13, wherein the position of said person, animal, object, or place is determined. one or more additional transmitters that transmit one or more additional interrogation signals. 16. The system of claim 15, wherein said receiver determines a position of said person, animal, object or place. 17. A modulating reflector tag, comprising: an antenna structure, said antenna structure employing retro reflector effects to improve signal-to-noise of said modulating reflector tag to enable an increased interrogation range, said retro reflector effects returning a return signal directly back towards an interrogator regardless of where said interrogator is located relative to said modulating reflector tag; and a modulating network, said modulating network modifying at least one characteristic of said antenna structure in accordance with a pattern, said pattern intended to convey information pertaining to a person, animal, object, or place. 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__label__cc	0.528178	0.471822	Miller Family Free Day + Smithsonian Museum Day Exhibitions We.Construct.Marvels.Between.Monuments Free Museum admission. Carolyn Pennypacker Riggs Performance 15-20 minute performances will take place in different galleries at 1 p.m., 2 p.m., 3 p.m. Organized in connection with BETWEEN and the larger exhibition series WE.CONSTRUCT.MARVELS.BETWEEN.MONUMENTS, the Portland Art Museum welcomes LA-based interdisciplinary artist and composer, Carolyn Pennypacker Riggs, for a series of in-gallery performances. Pennypacker Riggs creates immersive public rituals with sculpture, video, costume, and collective performance. Her work confronts ancient archetypes, canonized heroic narratives, and mythological tropes to explore structures of power and the actions we can take – both as individuals and collectively – to destabilize real-life hegemonies. She leads Community Chorus, a resistance-themed, no-commitment chorus that sings at justice-themed rallies, marches, and events; is one half of the pop duo, Bouquet; and is the creator/composer of the choral/movement ensemble, Song of Eurydice. She has presented her work at The Getty Center, Hammer Museum, MoCA LA, The Broad, SFMOMA, Bangkok University, deYoung Museum, Berkeley Art Museum, and Yerba Buena Center for the Arts. Pennypacker Riggs will perform with Amenta Abioto and Vaughn Kimmons. About We.Construct.Marvels.Between.Monuments We.Construct.Marvels.Between.Monuments. is a series of five exhibitions developed in partnership with artists and art collectives that will activate the gallery with visual art, performance, screenings, and discussions. Organized by visiting artistic director Libby Werbel, the programming invites a range of emerging and established voices to ask questions about how the Museum can become more artist-centered and inclusive in its practices and become more critically engaged with a broader array of emerging and established artists in the region. Programming support for We.Construct.Marvels.Between.Monuments presented in partnership with c3:initiative. The Portland Art Museum is pleased to offer accommodations to ensure that our programs are accessible and inclusive. All spaces for this program are accessible by wheelchair. Assistive listening devices are also available for lectures. All restrooms have accessible stalls but no power doors. There are single-stall all-gender bathrooms available. Please ask staff for directions. We will do our best to accommodate your needs when you arrive, however, we need 2-3 weeks advance notice for some specific requests. Please email requests to access@pam.org, or call 503-226-2811. There in the Inbetween at House of the Book 1/28/18 with Arlene Deradoorian and Tany Ling.	cc/2019-30/en_middle_0064.json.gz/line1549
__label__cc	0.651917	0.348083	Home Let's Try Food and restaurant reviews Let’s Try . . . Maxine’s 2 It's a typical Saturday night in Princeton and environs. People are queued up for precious dinner spots everywhere from Blue Point Grill on Nassau Street to Big Fish and... Let’s Try . . . Cross Culture Subdued lighting, soft voiced servers who greet you gracefully, comfortable seating. A new wildly expensive dining experience too posh to be called a restaurant? No, a new Indian venue... Let’s Try…A Singles Wine Tasting The weather was perfect on the night we ventured to Crossings Vineyard and Winery’s “Wine Tasting for Singles,” held outdoors in a covered patio adjacent to the vineyards. Although... Let’s Try…BT Bistro Bobby Trigg threatens to do a hat trick in our own backyard. The opening of his way-cool BT Bistro tucked into the side of the Palmer Inn (Clarion Hotel)... Let’s Try…The Rocky Hill Inn She’s back! The grand old lady on the corner of Princeton Avenue and Washington Street in Rocky Hill has received her initial face lift and will soon be completely... Princeton Sports Bar and Grill The change happened quietly in a matter of just a few days: the basement restaurant at 128 Nassau Street that was home to Sotto Ristorante and Lounge until late... Lets Try . . . Crown of India If you want to be treated like royalty, you need go no further than the newly renovated Crown of India restaurant at the spiffed up Princeton Meadows Shopping Plaza... Let’s Try . . . Tre Catering It’s a dilemma every boss faces at one time or another: The staff is fully engaged, racing toward an end-of-the-day deadline, but lunch is approaching. Letting everyone scatter for... Let’s Try . . . Efe’s Mediterranean Grill Some things are expected when a new restaurant opens in town: longer-than-expected waits, confusion over orders, a staff learning on the job. What I did not expect to see... Let’s Try…Ruth’s Chris Steak House An icon of fine dining has finally come to Princeton and very elegant it is too. Located at Forrestal Village on Route 1 South, Ruth’s Chris Steak House...	cc/2019-30/en_middle_0064.json.gz/line1551
__label__cc	0.676165	0.323835	Home Economy Dahiru Bala, Ekweremadu, others receive Doctor of Philosophy Dahiru Bala, Ekweremadu, others receive Doctor of Philosophy PRNigeria Dahiru Bala The Bank of Industry (BOI’s) Kano State Branch Manager, Dahiru Bala Mohammed, has been conferred with a Doctor of Philosophy (Honoris Causa) by the Federal College of Dental Technology and Therapy, Enugu. Bala was honoured at the Institution’s maiden convocation ceremony held recently, alongside the Deputy Senate President, Dr. Ike Ikweremadu, Gombe State Governor, Alhaji Ibrahim Hassan Dankwambo, the host Governor, Dr. Ifeanyi Ugwuanyi and Dr. Sylvanus Obigwe of Belmont Dental Clinic, among other illustrious personalities. Dahiru Bala, who had served as Gombe State’s Branch Manager for BOI, between 2012 and 2016 and was in charge of all industrial projects in Adamawa, Gombe and Taraba States, received the honorary degree for his remarkable contributions to the growth of Nigeria’s business sector. PR Nigeria gathered that the BOI Branch Manager holds a Masters degree in International Affairs and Diplomacy, and also in Business Administration, all from the Ahmadu Bello University (ABU), Zaria, Kaduna State. Bala attended Federal Government College (FGC) Maiduguri, before proceeding to School of Basic and Remedial Studies (SBRS) Zaria, in 1984, for his A’ Level. He is also a graduate of Accounting from ABU, and subsequently bagged a Post-Graduate Degree in Banking and Finance from University of Abuja (UNIABUJA), in 2001. His working career began at All-Guarantee Investment Company Limited Kano, where he was an Investment Analyst. Between 1996 and 2003, he was the Project Analyst for National Economic Reconstruction Fund (NERFUND). The FOI senior staff has acted as ‘Resource Person’ for various business and academic institutions including Fate Foundation, Sense Business Club, Africa Growth and Opportunity Act Centre under the United State Embassy in Nigeria, and the Nigeria Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL). He is presently a part-time lecturer at the Dangote Business School, Kano. Bala, a widely-traveled administrator, has attended several professional courses in Nigeria and overseas. By PRNigeria Federal College of Dental Technology and Therapy Previous articleIBB Hails Buhari at 76, Aisha for Loyalty Next articleAnambra Police Nab Robbers… Gang Leader Sustains Gunshot on Buttock AMCOS Unilorin: Publishers Urge Student Journalists to Flush out Quacks in New Media Lawyer Seeks Replacement of NDDC Committee Chair of over 15 years National PRNigeria - July 16, 2019 Event PRNigeria - July 16, 2019 Government PRNigeria - July 16, 2019 State PRNigeria - July 16, 2019	cc/2019-30/en_middle_0064.json.gz/line1552
__label__cc	0.657775	0.342225	WASTE AND RECYCLING SPECIALISTS CHOOSE SENTINEL’S ADVANCED SAFETY SOLUTIONS Sentinel Systems’ range of vehicle safety solutions is proving popular amongst the waste and recycling industry as the company has secured two new orders for its camera and auto-braking radar systems with Simply Waste Solutions and Yorwaste. The two companies specialise in waste and recycling management and are working with Sentinel Systems to provide road-safe operating vehicles for their surrounding areas. David Paulson, Managing Director of Sentinel Systems commented, “We are really pleased to be working with Simply Waste Solutions and Yorwaste to provide their fleets with reliable and efficient safety solutions. Waste and recycling vehicles operate on a daily basis and most often in and around cities and domestic areas. These areas are constantly heavily congested with pedestrians, cyclists and smaller vehicles and it is great to see that Simply Waste Solutions and Yorwaste have adopted safer solutions for their drivers when faced with these challenging road conditions.” Operating in Greater London, Simply Waste Solutions offers a range of waste and recycling services including wheeled bin collections, skip hire and collection of confidential or hazardous waste. Allan Robertson, Director at Sentinel Systems has been working with the company to provide bespoke 6-camera systems to meet the needs of the company’s ever-changing fleet of vehicles, with plans to install further systems over the coming months. Sentinel has also supplied its auto-braking radar systems to environmentally-friendly waste and recycling specialist, Yorwaste. The company operates across over ten facilities in Yorkshire and has specified Sentinel’s innovative reversing systems for the majority of its vehicles. Further information is available from Sentinel on 01285 771333 or by emailing sales@reversewithsafety.com or by visiting the company’s website at www.reversewithsafety.com	cc/2019-30/en_middle_0064.json.gz/line1558
__label__wiki	0.628696	0.628696	Hawkeyes Again Adjust Kinnick Stadium Policy Due to Heat Bucky Doren For a second consecutive week, officials will allow fans to bring in water to help deal with the heat forecast for this weekend. The Iowa Hawkeyes play host to #4 Penn State. Saturday’s temperatures are expected to reach the 90s with peak temperatures at 3:00 PM, and University of Iowa officials are again implementing game day procedures designed to assist fans attending Saturday’s football game at Kinnick Stadium. They did this last weekend when the Hawkeyes hosted North Texas. The adjustment allows fans to enter Kinnick Stadium with empty water bottles of any size and/or an unlimited number of sealed water bottles. Water Monsters will again be stationed at each of the four corners of the Kinnick Stadium concourse to help with hydration. Aramark will also sell bottled water at the stadium concession stands at a reduced price. For any fan in distress or in need of a break from the heat, an expanded rest area is available outside the First Aid Station at the southeast corner of the stadium. This space will provide shelter, cool air, and hydration. If you plan to tailgate before the game, officials remind fans to plan accordingly and stay hydrated. If you or someone attending the game is in need of medical assistance, please alert CSC stadium staff or ask those around to signal for help. The Hawkeyes host No. 4 Penn State at 6:42 p.m. Tickets are available at hawkeyesports.com/tickets. Please enjoy the game responsibly. NEXT UP: Can the Iowa Hawkeyes Stop #4 Penn State? Filed Under: college football, Hawkeyes, University of Iowa Categories: Cedar Valley Sports, Iowa Hawkeyes	cc/2019-30/en_middle_0064.json.gz/line1561
__label__cc	0.678183	0.321817	Marshall Ferguson Accuracy Grades: Who was on target in Week 5? Another week, another round of impressive performances by CFL quarterbacks as we continue on the 2019 journey towards awarding the CFL’s most... 2 latest Ferguson: Breaking down key playmakers for Als, REDBLACKS The Alouettes were supposed to be a joke. No proven quarterback, a head coach change late in the preseason, ownership fluctuation and a variety of... A full month into the CFL season and we have yet ANOTHER new leader at the top of 2019’s accuracy big board. He comes from a team you might expect... Ferguson: BC Lions offence evolving on the fly The Lions are 0-3. It’s not ideal, but does it really matter yet? Yes, I’m aware of how math works and every game counts towards the regular... The twists and turns in CFL quarterback play continue to dazzle as we exit Week 3 and look towards the first full week in July. Week 3 saw a total of... Ferguson: Explaining Trevor Harris’ red-hot start When the Mike Reilly made the decision to leave Edmonton for the BC Lions it wasn’t hard to find a CFL fan who thought the Eskimos would be... Week 2 featured just three games but saw a total of eight quarterbacks get a chance to show off their arm as the Toronto-Hamilton game got out of hand... Ferguson: Responsible decision making on display in Ticats punt return TD We all remember them. The massive peel back blocks of the 80’s and 90’s where a punt returner would catch the ball and begin running towards the... Week 1 in the CFL saw 12 quarterbacks attempt a snap across the eight teams in action. It was a crazy way to start the season with all three... Ferguson: What makes a quarterback ‘accurate’ in the CFL? There are plenty of determining factors that go into what makes a great quarterback, especially in the CFL. From the wide field to the extra defender,... Ferguson: Erin Craig a rising star in gridiron football Sometimes you have a story idea presented to you. Occasionally you search stories out. Rarely do the best ones come out of nowhere and just need to be... Ferguson: One training camp wish for every team I’ll be honest. My mind is racing. It happens every year when training camps open and I go from tracking the combine and draft to full on Canadian... Ferguson: Receiver Ungerer a mystery in Tiger Town 11th overall. You’d think we know everything about him, but how many of you know a single thing about Idaho receiver David Ungerer? Same. I’m not... Ferguson: Sinopoli’s value simply can’t be measured There are more talented players in the Canadian Football League, there are more specialized and refined players in the Canadian Football League, but... Ferguson: Jones leaves unique mark on Ticats, CFL I’ll never forget it. Aug. 2, 2017. I was in my favourite place in Canada. Buried in the Rockies just outside Jasper, Alta. on my annual summer... Ferguson: Making sense of the Ticats’ surprise roster moves It’s the stark reality of the CFL off-season. Cuts. My radio co-host Kyle Melo asked me the other day as he walked into the studio at TSN1150... Ferguson: Early conclusions from the 2019 CFL Draft Every year CFL staffs work all winter putting together boards and lists, grades and scenarios in order to get themselves to a place of relative mental... How will NFL aspirations impact Thursday’s draft? We are a few days out from the CFL Draft and still stocks continue to rise and fall. You know that the draft is near because we just finished watching... Ferguson: What does Trevor Harris bring to the Esks? We’ve all been there. Your favourite team is up against it. Not in a do-or-die playoff game. Not late in the fourth quarter. In the off-season. You... Ferguson: Looking back on Manziel’s time in the CFL That’s it. It’s the end of Johnny CFL. It came abruptly to many fans, even if you believed – quietly or aloud on social media – that Manziel... Ferguson: Are the Argos building a roster to beat Hamilton? When the final second of Week 21 ticked off the regular season clock in 2018, the Toronto Argonauts were already a team in transition. We all know... Ferguson: Setting the stage for a free agent frenzy Hard to believe, but we’re just one week away from free agency opening. A free agency period unlike many in recent years due in large part to the... Ferguson: For QBs, free agency could be a game of musical chairs There I was settling in for a nice winter weekend of shoveling and True Detective Season 1 viewing last Friday night when BAM. A free-agent-to-be... Ferguson: Banks signing a no-brainer for Ticats He’s back and ready to attack unfinished business. Brandon Banks stays a Tiger-Cat after signing a two-year deal to remain one of Hamilton’s... Ferguson: Bighill personifies Bombers’ culture, identity There is no perfect equation when putting together a championship-calibre football team. There are numerous ways to do it, that’s what makes the... Tale of the Tape: Ferguson looks back on 2018 Out with the old and in with the new. It’s time to say thanks for 2018 and begin to answer some questions about what the 2019 CFL season will look... Ferguson: A Christmas wish for every CFL team I’m not one to wish for much, hell I don’t even ask for much around Christmas. I get to cover Canadian football all year, what else could a guy... Ferguson: Who are the CFL’s three emerging powers? Let me start this off by making it clear that regardless of off-season changes, the Calgary Stampeders are not going to fall into the West Division... Tale of the Tape: Ferguson breaks down 106GC The 106th Grey Cup presented by Shaw is in the books and the Calgary Stampeders are finally champions again. Throughout 2018 I’ve been amazed that... Ferguson: Harris silences those that said he couldn’t win in big game There might be no more rewarding feeling in all of professional sports than proving doubters wrong. Check that. The most rewarding feeling in all of... Ticats backs find balance, rhythm along the ground All season long for the Hamilton Tiger-Cats the receivers have been the story. While Jeremiah Masoli has been the story in Tiger Town, the damage done... Tale of the Tape: Ferguson breaks down the Semi-Finals FINALLY, it came! Playoff football, there really isn’t anything like it. Since I began ‘Tale Of The Tape’ here as your weekly recap of the... Ferguson: Leos newest threats peaking ahead of ESF Every team has to tweak rosters throughout the year, but few teams felt the need to make the major moves the BC Lions did in 2018. Outside of the... Ferguson: Signal-callers drive the needle heading into playoffs If you love the pressure of a pro football playoff game and the storylines that go along with the game’s most important position then the 2018 Grey... Tale of the Tape: Ferguson rewinds on 2018 It’s finally here. The playoffs are upon us. As three teams head home for the season, six move on to do-or-die matchups. But before we get the... Tale of the Tape: Ferguson breaks down Week 20 Week 20 is a wrap, and we still have more football! I have to admit, the extra bye week this year was amazing but it feels strange to turn the... Ferguson: Ticats banking on depth with ‘Speedy B’ injury “Damn, he dropped it. Why is he down? Oh my God, our season is ruined” If you’re a Ticats fan any or all of these thoughts might have crossed... Week 19 is in the books. Let’s take a look back at some of my favourite moments from the film reel. We begin in Ottawa where the REDBLACKS and... Ferguson: Which late-season acquisitions will make an impact? As the leaves change, and in some places the snow begins to reacquaint itself with your Canadian lifestyle, CFL teams are busy making the push toward... Back at it again with your rapid-fire weekend recap. The Ticats took care of business Friday night in Toronto to go 3-0 against the Argos for the... Ferguson: Breaking down Franklin’s journey back to No. 1 QB Is there any quarterback journey in 2018 stranger than James Franklin’s? Some would argue Johnny Manziel. Maybe Zach Collaros battling injuries in... Week 17 is in the books. It featured a whopping five offensive touchdowns and 18 field goals, and the kickers continue to earn their keep while... September Rookie Report: Godber fitting in fine in BC Every winter I go on and on.. and on for months about how good CFL draft prospects are as they complete their fourth year of university eligibility in... Ferguson: A detailed CFL-NFL QB comparison On Sunday I was watching week four of the NFL season after watching Johnny Manziel put together arguably his best effort yet in a loss to Zach... The calendar has officially turned to October, which means we have eight weeks left of CFL football in 2018. Before you have a single tear roll softly... Ferguson: What Andrew Harris means to the Blue Bombers What would the Winnipeg Blue Bombers be without Andrew Harris? It’s a question I’ve wondered about a lot over the last three years. Take away any... If you like big name quarterbacks playing well, overtime games, or last second pressure kicks, week 15 in the CFL was for you. As always I’m here to... Ferguson: A deep dive into communication between QB and coach Imagine sitting at your desk, ready to accomplish a task. All of a sudden your boss leans over your shoulder and gives you a couple helpful tips to... You might think with only three games in a CFL weekend there would be less to talk about on a ‘Tale of the Tape’ Monday. However, nothing could be... Ferguson: A signature play for each team v2.0 Last year I had a ton of fun writing about what a signature play would look like for each team in 2017 and I had a some people asking if I would do it...	cc/2019-30/en_middle_0064.json.gz/line1562
__label__wiki	0.958812	0.958812	BioPak partners with Swedish business Duni AB for long-term international expansion The landmark deal will launch the eco-friendly packaging company's range of sustainable packaging solutions across Europe and Asia-Pacific. Australia's BioPak has announced a new partnership with Swedish business Duni AB that will provide a platform for its long-term international expansion. "BioPak has experienced unprecedented growth and we are delighted to partner with Duni in taking our ethos to the global stage, working with a company that shares our values in sustainability and customer prioritisation,” their CEO Gary Smith said in an announcement. The new deal will see Duni investing in a 75% share in the eco-friendly packaging company. BioPak notes that it will remain a separate company and continue to trade as is. BioPak's CEO Gary Smith and founder Richard Fine. Photo: Supplied The company says they are committed to its long-term growth, with operations in Australia and New Zealand remaining unchanged. “With Duni’s scale and our influence, we now have an opportunity and the resources to solve the environmental problems associated with single-use disposable packaging on a global scale. We will continue to expand our influence in the industry and play a positive role in society,” BioPak founder and director Richard Fine said. Duni commended BioPak's "innovative" packaging solutions in reducing waste and the negative environmental impacts of single-use foodservice packaging. “We have admired BioPak’s consistent promise to provide sustainable products to the foodservice industry, and are now looking forward to collaborating with Gary, Richard and their fantastic team in our common mission,” Duni CEO Johan Sundelin added. BioPak started back in 2006, aiming for a "world without waste". Aside from the new partnership, the company is expected to continue its expansion across Australia and New Zealand to sell compostable and recyclable packaging, and proceed to roll out its waste minimisation initiative – the recently launched BioPak Compost Service. There is no planet B. That’s why it’s our mission to produce the most sustainable, environmentally friendly packaging on the market. We champion compostable packaging and we’re focussed on reducing tree-based paper and fossil fuel-based plastic used in foodservice ware by offering an eco-friendly alternative. Mad Mex and BioPak team up for plastic-free Mexican takeaway Five myths and misconceptions about bioplastics, debunked Crafty Cuts opts for BioPak plastic-free packaging BioPak launches new hinged-lid compostable container Plastic-free straws with custom branding Plastic-free packaging that's completely customisable Zero waste disposable coffee cups	cc/2019-30/en_middle_0064.json.gz/line1563
__label__wiki	0.534436	0.534436	What’s the difference between religious belief and quackery? Filed under: alternative medicine,CAM,child abuse,Chiropractic,faith-based beliefs,Integrated Medicine,Science,woo — tildeb @ 3:43 pm Umm… confusion? First, a bit of background. I was in discussions with a fellow who used this article as evidence that religious belief in god is driven by biology because it’s true, yet I had a difficult time explaining why the human tendency to attribute agency to supernatural causation was not evidence for god. (It’s a human attribute to get mad, say, at a series of red lights when one is trying to drive somewhere quickly, as if these lights were possessed by a malevolent spirit aimed at thwarting your desires. That experience doesn’t offer us evidence for a malignant spirit, however; it reveals we are all susceptible to giving in to these silly notions.). But the study he was using was from Oxford university, you see, so it had the pedigree of academic authenticity. Therefore, I had to be wrong. It didn’t seem to matter to the fellow that the Project – called the Cognition, Religion and Theology Project – was run by theologians funded by Templeton, nor that it’s funding depended on attributing this tendency to assign agency to be equivalent of ‘believing in god’. It simply didn’t matter that the project’s reason to be was that its “seeks to support scientific projects that promise to yield new evidence regarding how the structures of human minds inform and constrain religious expression including ideas about gods and spirits, the afterlife, spirit possession, prayer, ritual, religious expertise, and connections between religious thought and morality and pro-social behavior.” Well, it matters a great deal to me because there is a flip side to respecting both supernatural claims and directives that transpose one’s beliefs into actions and, more specifically, how we are to behave towards others. That flip side runs the gamut from exercising quaint beliefs – some of which motivate the killing of children (see here and here) to outright medical quackery and no human society – no matter how developed in economy or academia – is somehow immune… except and only by those who exercise honest scepticism through critical reasoning, who respect reality – and not our beliefs about it – as the final arbiter of what is true. And that approach can be learned, which I think is a very worthwhile endeavor to undertake. But how to convince more people to exercise it when we are bombarded by familiar and comforting beliefs in supernatural agencies as if they were true in reality? We are surrounded here in the west by self-spawning quackery to the extent that taxpayers subsidize its teachings and accept its many guises as legitimate treatments. But how many people understand the link between supernaturalism in religion to supernaturalism is medical treatments? To me it seems self-evident that what we’re talking about is not a difference in kind of beliefs in the supernatural but in degree of belief in the supernatural. In other words, faith-based belief comes in many expressions but the root – belief in the supernatural – remains the same. This confuses whether reality or our beliefs about it arbitrates what’s true. For example, Orac, while criticizing a new study in journal Cancer, tells us the difference between reiki and the ‘energy chelation’ therapy used in the study under ‘peer review’ is that “reiki is faith healing in which the person being healed is usually not touched but the practitioner believes that he’s channeling healing energy into the patient from a “universal source.” Universal source? Doesn’t that sound a lot like… oh, I don’t know… maybe another way to say god? Coincidence? And the founder of energy chelation? “Founder and director of the Healing Light Center Church, Reverend Bruyere has committed her life to the teaching of these sacred and ancient disciplines, thereby providing her students with practical tools for living the spiritual life, while introducing them to the venerable traditions from which those tools are derived. That she’s a reverend must also be a coincidence, I guess. So what are those sacred and ancient disciplines, these venerable traditions? Rev. Bruyere explains: Human Energy Chelation Therapy (HECT), a process of transmitting or channelling energy, is based on the electromagnetic nature of the human body. The body’s electromagnetic or auric field is generated by the spinning of the chakras. As it spins, each chakra produces its own electromagnetic field. This field then combines with fields generated by other chakras in the body to produce the auric field. An individual’s auric field is manifested via a combination of energies from three chakras. Generally these are the first, third and fifth chakras, which empower the person’s physical, intellectual, and etheric bodies. It is a combination of these three chakras that produces the primary auric field (the inner shell of the aura), which can be physically felt by the therapist’s hand as it is passed over the client’s body in the process of scanning. Of course. That we have no evidence of the human body as an ‘auric field’ generator matters little when we are talking about ancient and venerable practices, which in turn are based on… you guessed it… faith-based beliefs. The dictionary tells me that ‘auric’ actually means “of, or containing, gold in the trivalent state,” so I suspect what the reverend actually meant was ‘auratic’ – pertaining to the aura. But what’s in a term when the whole thing is pseudo-scientific mumbo jumbo? Well, a lot as it turns out. Consider the pejorative sense of the word ‘quackery’ to describe medical practices that failed to establish efficacy. From this was born the terms complementary and alternative ‘medicine’ when people could earn degrees to become doctors of ‘naturopathy’, which is now morphing into “integrative medicine” and appearing, like the Oxford Project, on university campuses (see here for the latest) where they suck legitimacy not from the efficacy of their work results, which are non-existent, but parasitically from the university’s name alone . The terminology used in quackery, as ethereal and nebulous in meaning to those found in religious belief, is important to keep the founding faith-based beliefs of these ‘venerable practices’ hidden from those who purchase them today expecting efficacy (I can’t find a religious believer in christianity, for example, who accepts without qualification that prayer is not efficacious in spite of very strong evidence that it is not). None of these terms are, as David Gorski writes in his excellent critical article, serious, sober names for a serious, sober, science-based specialty. They are about the branding of quackery. They have always been about the branding of quackery. They are about double standards whereby treatments that can’t pass scientific muster are admitted to the “club” of science-based medicine under lowered standards. Can this be true? Why, even insurance companies fund treatments like chiropracty presumably because they do work. Don’t they? Well, you may be surprised at the words of David Palmer, the founder of what we now call chiropractics… a stellar example of what quackery in the medical world looks like today. In his book, The Chiropractor (published posthumously, 1914), Palmer described how he came to understand that 95% of all diseases came from subluxated vertabra from a channeled spirit from ‘the other world’ (source): “The knowledge and philosophy given me by Dr. Jim Atkinson, an intelligent spiritual being, together with explanations of phenomena, principles resolved from causes, effects, powers, laws and utility, appealed to my reason. The method by which I obtained an explanation of certain physical phenomena, from an intelligence in the spiritual world, is known in biblical language as inspiration. In a great measure The Chiropractor’s Adjuster was written under such spiritual promptings.” (p. 5)” He regarded chiropractic as partly religious in nature. In a letter of May 4, 1911 he said: “… we must have a religious head, one who is the founder, as did Christ, Mohamed, Jo. Smith, Mrs. Eddy, Martin Luther and other who have founded religions. I am the fountain head. I am the founder of chiropractic in its science, in its art, in its philosophy and in its religious phase.” In his 1914 book, the first chapter expanded on his religious views of chiropractic: “The Moral and Religious Duty of a Chiropractor”.In it he dealt with religious liberty and stated: “… nor interfere with the religious duty of chiropractors, a privilege already conferred upon them. It now becomes us as chiropractors to assert our religious rights.” (p. 1) “The practice of chiropractic involves a moral obligation and a religious duty.” Yes, the same engine that drives faith-based belief pops up in just about every avenue of human activity where we face uncertainties and lack of knowledge: calls from those who profit from the status quo appeal to us to take superstitious claims seriously because they are venerated, because they are ancient, because they are not familiar… not because they are true. Perhaps that has something to do with why Leo Igwe tells us that: In some cases Africans associate certain traits or behavior like stubbornness, talking in one’s dreams, sleep walking, aging, albinism, soliloquy, hallucination and uttering meaningless syllables even when it is as a result of some psychiatric problem or self deceit, with magical powers. The general belief is that the veracity or validity of witchcraft claims is beyond the scope of ‘western’ science but within the ambit of ‘African science’. This misconception is common among the so called African elite and is at the root of the problems associated with belief in witchcraft in the region. Western science versus African science? Isn’t science simply science? So why does this false dichotomy sound so familiar? Oh, yes, that’s right: it’s common to hear people talk about ‘Eastern medicine’ versus ‘Western medicine’ conveniently forgetting that such a dichotomy is just as false. That’s why we need to substitute terms that only seem to be meaningful in reality, to cover up the fact that what the terms represent are not true in reality but exist only in the faith-based beliefs people hold in these superstitious claims… where ignorance and fear are plentiful. Gorski writes in the same article, There is no such thing as “alternative” medicine. There is medicine that has been proven safe and effective through science; there is medicine that has not; and there as medicine that has been proven unsafe and/or ineffective through science. Whatever you call it, “alternative,” “CAM,” or “integrative” medicine, when medicine, whatever its source, is demonstrated to be safe and effective through science, it ceases to be “alternative” or “complementary.” It becomes simply “medicine” and is automatically integrated into the current armamentarium of medicine, no special name needed, no special consideration needed to provide a lower standard of evidence.” The common root of both medical quackery and religious belief is exactly the same: faith-based belief in the supernatural. And, in spite of repeated assertions by all stripes of apologists for faith-based beliefs with the old mantra of ‘What’s the harm?’, both these expressions really do kill people unnecessarily. And in great quantities. In this sense of supporting the unsupportable, then, there is no difference between religious belief and quackery. Is atheism fundamentally a Straw Man argument? Filed under: Argument,Atheism,Bad Science,belief,Bible,CAM,Catholic Church,Chiropractic,Christianity,civil rights,creationism,Critical Reasoning,Culture,Dawkins,Dennett,Faith,God,Haiti,Harris,Hitchens,Homeopathy,Homosexuality,Human Rights,Intelligent Design,Intolerance,Islam,Jesus,Media,Medicine,Morality,New Atheists,Philosophy,Politics,prayer,Religion,Sarah Palin,Science,Secularism,Skepticim,Superstition,Witchcraft — tildeb @ 5:39 pm There is a reprehensible opinion piece posted online at the New York Times by Ross Douthat that supposedly offers us an “illustration of militant atheism’s symbiotic relationship with religious fundamentalism.” Specifically, Douthat criticizes Dawkins for using Pat Roberston and his diatribe of god-sanctioned blame for the devastation suffered by Haiti as an example of a ‘real’ christian (read my previous comment on Dawkins’ article and why he argues as much). This is a failure of critical thinking by Douthat. By asserting that atheism requires a Straw Man approach, Douthat fails to comprehend Dawkins’ central argument: that a willingness by today’s theological apologists to grant any credence to a religious interpretation of some holy text that focuses on what is meek and mild without accounting for the parts that are vicious and genocidal is intellectually dishonest. Douthat’s counter argument that quotes New Testament passages to negate Robertson’s interpretation is exactly Dawkins’ point: one biblical reference is not any closer to being true or accurate than the other. The only difference is that Robertson’s interpretation takes into account the capriciousness and violence of the christian god, making such an opinion based on biblical interpretation more ‘real’ in a christian vein than one like Douthat’s which simply ignores the Old Testament’s accounts of a god that is unconscionably cruel and immoral in favour of specific passages that casts Jesus as benevolent and forgiving. Let us all remember, however, that it is from Jesus we first gain a biblical account for eternal damnation… hardly one that enhances the CV of hope and love people so often attribute to Jesus’ message. I have read repeated criticisms of Dawkins and other New Atheists as creating a Straw Man religious argument, that is to say, that these atheists create a Robertson-ian god as the one that defines the christian god and then tear it down by revealing its obvious malevolence. But the god worshiped by most christians, this argument points out, is not this god – the one believed in by some fringe and/or extreme fundamentalists as the one so vehemently opposed by ‘militant’ and ‘strident’ atheists – but one that is actually benevolent and wise and compassionate. The faulty conclusion then held by so many moderate religious apologists is that Dawkins and his cohorts aren’t criticizing their religious beliefs but merely the ones held by hard core fundamentalists. They couldn’t be more wrong. New Atheists care about what is true. They care about knowledge – about what’s probably accurate, probably correct, probably true. They care about coming to a better understanding of the natural world, of promoting honest intellectual and scientific inquiry. They also respect the rights and freedoms and dignity of individuals within a secular society. They are concerned about any influence that intentionally impedes any of these cares, and there is no greater single impediment than the false certainty of religious belief. But rather than criticize specific people’s beliefs, the New Atheists’ approach is to enter the public forum and expose unjustified beliefs – regardless whether the unjustified belief is religious, superstitious, supernatural, or just poor thinking. To do this, New Atheists point out why the unjustified foundational belief of a Robertson is no different in quality of belief than someone who insists on holding a Jesus is Love assumption. Nor is there any difference in the unjustified foundational beliefs upon which the complimentary and alternative medicine industry has been built. Belief in the supernatural, whether it be god or evil spirits or the memory of water, cannot be honest knowledge: because such ideas are beyond our ability to be examined in the natural world under natural conditions subject to natural forces and natural efficacy all which can be naturally measured, supernatural belief cannot be justified by any other measure other than more assumption and assertion. Assumption and assertion that cannot by definition undergo natural testing and rational criticism because it is supernatural is immune from honest critical inquiry. Asserted beliefs are assumed to be true because they are believed to be true. That is not a justification for the truth value of the belief but an excuse, an allowance, a willingness to suspend critical inquiry. So it doesn’t matter whether or not it is a Pat Robertson’s unjustified belief or an Ayatollah’s unjustified belief or a Pope Benedict XVI’s unjustified belief or a Sarah Palin’s unjustified belief – the common denominator pointed out by New Atheists like Dawkins is that supernatural beliefs in their entirety are equally unjustified. When a Pat Robertson makes another disparaging public statement about suffering people deserving their suffering and backs it up with theology, it is an opportunity and not a requirement for atheists to once again point out that if not for the acceptance of the moderately religious, then the foundation of unjustified religious beliefs would be treated with the same scorn and disgust aimed at Robertson for his outrageous truth claims. Robertson and his ilk have an audience because there is widespread acceptance by religious apologists to excuse, allow, and suspend legitimate criticism in matters of religious belief. That’s a public problem and it requires a public solution. Is unjustified belief in the supernatural and all its various promotions in the public domain in need of public criticism? My answer is an unequivocal Yes. The New Atheists like Dawkins don’t just say a meek and mild yes to this question in the privacy of their own minds; they DO something about it by bringing their arguments and expertise into the public domain to tackle the problem of a Robertson, an Ayatollah, a Pope, a Palin, head on. So the answer to the title is No, atheism is not fundamentally a Straw Man argument but a call to action, a growing movement that will continue to challenge anyone who doesn’t care about what is true but what is unjustifiably believed to be true, and who would allow unjustified beliefs the right to take a place at any table in the public domain. What does it take to get rid of superstition in medicine? Filed under: Chiropractic,Medicine,Science,Superstition — tildeb @ 8:02 pm From a paper Chiropractic & Osteopathy : “There is a significant lack of evidence in the literature to fulfill Hill’s criteria of causation as regards chiropractic subluxation. No supportive evidence is found for the chiropractic subluxation being associated with any disease process or of creating suboptimal health conditions requiring intervention. Regardless of popular appeal this leaves the subluxation construct in the realm of unsupported speculation. This lack of supportive evidence suggests the subluxation construct has no valid clinical applicability.” (emphasis added) When chiropractors use spinal manipulation therapy for symptomatic relief of mechanical low back pain, they are employing an evidence-based method also used by physical therapists, doctors of osteopathy, and others. When they do “chiropractic adjustments” to correct a “subluxation” for other conditions, especially for non-musculoskeletal conditions or “health maintenance,” they are employing a non-scientific belief system that is no longer viable. The chiropractic emperor has no clothes, and now even some chiropractors have realized that. This study should mark the beginning of the end for chiropractic, but it won’t. Superstition never dies, particularly when it is essential to livelihood. From Science-Based Medicine here.	cc/2019-30/en_middle_0064.json.gz/line1564
__label__cc	0.521413	0.478587	Author Archives: JoLynn Markison About JoLynn Markison Jo is a Partner in Dorsey’s Labor & Employment Group. Jo represents large and small corporations in employment litigation involving race, gender, national origin, religion, disability, and age retaliation and discrimination; sexual harassment; and wage and hour claims. Jo frequently represents employers and employees in claims involving enforcement of post-employment restrictive covenants (non-competition, non-disclosure, and non-solicitation), as well as tort disputes such as breach of fiduciary duty, misappropriation of trade secrets, and defamation claims. How Important are Irreparable Injury Provisions in Non-Compete Agreements? July 3, 2018 by JoLynn Markison, Jack Sullivan & Trevor Brown Today’s workforce is more mobile than in past generations. Long gone are the days when an employee started and ended a career at the same company. Knowing how to protect your company’s confidential information when a trusted employee leaves can have a lasting impact on your ability to compete. So, what can you do when a former employee goes to work for a competitor? Is having an irreparable injury provision in your non-compete agreement enough to obtain a court order prohibiting that individual from working at his/her new job? In Minnesota, courts want to see more than just words in a contract before they will grant injunctive relief against a former employee. This week, the Supreme Court of Minnesota issued a decision in St. Jude Medical, Inc. v. Carter. The case arose after Heath Carter left his employer to work for a competitor. The employer filed suit against Mr. Carter and the competitor, alleging violations of Mr. Carter’s non-compete agreement. The employer did not seek money damages but asked the court for injunctive relief; specifically, an order enforcing the terms of the non-compete agreement and prohibiting Mr. Carter from working for a competitor in his then-current position. The case went to a jury, which ultimately found that Mr. Carter had breached his non-compete agreement. But the court refused to enter an injunction, finding that the employer failed to establish that it had been harmed. The case made its way to the Supreme Court, where the question became what to do about specific language in the non-compete agreement that addressed the issue of whether and how the former employer was harmed. The language at issue is commonly included in many non-compete agreements: In the event Employee breaches the covenants contained in this Agreement, Employee recognizes that irreparable injury will result . . . that [the Employer’s] remedy at law for damages will be inadequate, and that [the Employer] shall be entitled to an injunction to restrain the continuing breach by Employee. At first glance, the provision appeared to resolve the issue of whether the employer suffered irreparable harm—Mr. Carter agreed that it had. But the Supreme Court disagreed. The court noted that “[a] private agreement is just that: private,” and concluded that such contractual language does not, by itself, entitle an employer to an injunction after proving the breach of a non-compete. The court emphasized that regardless of what the parties agree to, the burden will always fall on the employer to show that: (1) legal remedies (i.e., money damages) are inadequate; and (2) “great and irreparable injury” will result without an injunction. Because the employer did not offer proof of an irreparable injury, the court held that the employer was not entitled to an injunction. So what now? Are provisions like those quoted above meaningless? Should employers scramble to re-write their non-compete agreements? The short answer is “probably not.” Minnesota aligns with a number of states in which mere contractual language about irreparable harm is not enough to win injunctive relief. Nevertheless, these provisions are still worth including in non-compete agreements because courts can consider them as one of many factors that bear on whether an employer has suffered irreparable harm. Other factors will usually be more persuasive, often including evidence of some or all of the following: The departing employee took confidential information when he or she left (e.g., client lists, marketing plans, and pricing information). The departing employee disclosed confidential information to the competitor or put confidential information to use in the new job. The departing employee solicited business from former clients or customers and used confidential information to solicit such business. The former employer lost client or customer goodwill because of the departing employee’s breach of the non-compete agreement. Ultimately, Carter serves as a useful reminder to employers on both sides of an employee’s job change. Former employers should carefully consider how they have been harmed by an employee’s departure (and what evidence they anticipate being able to present as proof of that harm). Hiring employers should understand and reinforce to their new employees the importance of complying with prior non-compete agreements. And for employers on both sides, consulting with experienced employment attorneys even before these types of cases go to litigation can be the key to a successful outcome. POSTED IN General, Post-Employment Restrictive Covenants A Matter of Protocol — Rules for Departing Brokers Trying to Solicit Former Clients November 4, 2016 by JoLynn Markison & Dorsey & Whitney Question: We operate a financial services firm that employs account executives who execute investment trades on behalf of clients. One of our brokers recently resigned to move to a competitor firm. With his resignation letter, he included a list of clients he plans to solicit at his new firm. This list includes clients with whom the broker may have had some association, but it’s not clear he ever executed commission-generating trades for them. The broker signed a non-solicitation agreement with us when he started. Can we stop him from soliciting these clients at the new firm? By Joel O’Malley and JoLynn Markison Enforcement of restrictive covenants like non-compete, non-solicit, and non-disclosure agreements is highly dependent upon the industry in which the covenant is sought to be enforced. Nowhere is that more true than in the financial services industry. As a result of an agreement initially signed a dozen years ago by a handful of the largest financial firms and now having over 1,000 firm signatories, there exists an established methodology for a financial advisor or broker to depart a firm which, if followed, protects the broker and the new firm from litigation over the departure while protecting client privacy. The methodology is found in the Protocol for Broker Recruiting, which applies only to broker moves between Protocol signatories. (The Protocol applies to “registered representatives” – we’ll use the shorthand “broker” here.) Frequently, however, brokers and firms either mistakenly or deliberately disregard the Protocol, so financial firms must remain vigilant in protecting their valuable confidential information, client relationships, and goodwill. Thus, the first necessary piece of information to answer your question is whether you and the competitor are Protocol signatories. The Protocol itself is rather simple. A broker transitioning between signatory firms may take only the following information: “client name, address, phone number, email address, and account title of the clients that they serviced while at the firm.” The broker is prohibited from taking any other information or documents. To gain protection under the Protocol, the broker must resign in writing, deliver the resignation to local branch management, and include with the resignation letter a copy of the client information that will be taken, including account numbers. The broker’s compliance with the Protocol need not be perfect – s/he need only exercise “good faith” and “substantially comply” with the requirements. The Protocol also places obligations upon the broker after leaving the prior firm, and upon the new firm. The information taken by the broker may be used only for solicitation of the former clients by the broker, and only after the broker has actually joined the firm. In other words, the broker may not start soliciting clients to move to the new firm while the broker is still engaged with the old firm (but planning to move), nor may client information be shared at the new firm for solicitation by other brokers. The Protocol also contains requirements regarding the movement of broker teams or partnerships and governing trailing commissions. Many brokers have executed agreements with firms containing terms prohibiting solicitation of customers or retention of customer lists. So long as the old and new firms are signatories to the Protocol and the broker substantially complies in good faith with its terms, the Protocol protects the broker from liability to the old firm for retaining the information identified in the Protocol or soliciting clients on behalf of the new firm. But if a broker or new firm violates the Protocol, the former firm may be in a good position to file suit and seek immediate injunctive relief barring the broker and the new firm from irreparably damaging the former firm’s business. There are several points to consider when analyzing potential legal action when the Protocol is at play. First, not all firms are Protocol members. Over 1,000 firms have joined the pact, including almost all of the major financial services companies, but many smaller brokerages are not. And those smaller brokerages frequently seek to poach successful brokers from more established signatory firms. If the new firm is not a Protocol signatory, then a broker taking client information, even under the Protocol’s methodology, could violate the broker’s non-compete or non-solicitation obligations and subject the broker and the new firm to liability. Firms should beware of the situation of a broker claiming she acted in “good faith” because she thought the new firm was a Protocol signatory. If the new firm misled the broker into that mistaken belief, liability may lie against the new firm for claims like tortious interference with contract or misappropriation of trade secrets. Second, only “good faith” compliance with the Protocol provides protection. There continue to be examples when brokers purport to comply while secretly violating the Protocol, often by stealing confidential client or firm information beyond the information disclosed with the broker’s resignation letter (e.g., detailed client account history). This theft can occur in any number of ways – emailing a personal email account, copying information to thumb drives, or simply walking out the door with confidential hard copy documents. Firms should establish best practices for when brokers depart, including review of the broker’s email activity in the months preceding the resignation. If the firm suspects wrongdoing, further investigation may be warranted, such as forensically examining the broker’s computer for electronic evidence of wrongdoing, reviewing office copy machine electronic records, or even watching building surveillance tapes. Third, and more specifically to your question, client information that permissibly may be taken covers only clients that were actually serviced by the broker at the former firm. This issue recently was litigated before a Connecticut federal court in Westport Resources Management v. DeLaura (June 23, 2016), with the broker arguing that client “service” included any efforts the firm made on behalf of the clients. In that case, the broker was employed by two related entities, and when he resigned both to move to a new firm, he included with his resignation letter clients of one entity even though the services he provided were through the other entity. The former entity sued under the broker’s non-solicit agreement. The court held that “services” under the Protocol meant “what clients pay registered representatives to do on their behalf” – in other words, something for which the broker normally would receive a commission. The court held that because the broker had not received any commissions from the entity with which the clients were associated, they were not clients that the broker serviced at that entity. Applied to your question, you may have a claim against your former broker since it sounds like he never performed work for certain clients he included with his resignation letter. Fourth, solicitation of former clients is permissible only after the broker has joined the new firm. Brokers are often tempted to start priming the pump before they depart, either secretly or overtly (and increasingly through social media) telling clients of their plans to move firms and inviting the clients to follow. This sort of pre-move solicitation is explicitly prohibited under the Protocol, is typically forbidden under non-solicitation agreements, and should be investigated by firms in the same manner described above. Fifth, the Protocol does not immunize corporate raiding, i.e., one firm targeting another firm to steal a group of employees. Raiding claims can be challenging to prove, and often rely on some evidence that the new firm used the former firm’s confidential information or trade secrets to aid in its improper recruitment, or that the new firm has undertaken a deliberate pattern of soliciting a competitor’s key employees with the purpose of damaging the competitor’s ability to compete. Firms may therefore have reason to be concerned when several brokers move to another firm, even when the competitor is a Protocol signatory. Finally, whether the Protocol is implicated or not, firms must be mindful that legal claims will be governed by applicable state or federal laws. States take a variety of approaches to enforcement of non-compete, non-solicit, and non-disclosure agreements, and both state and federal law may apply to a trade secret misappropriation claim. In addition, agreements frequently contain clauses dictating where litigation may occur and what law applies. These issues should be fully investigated before a firm decides whether to bring suit against a former broker or competitor firm. VIEW ALL POSTS ABOUT: Common Law Claims, Post-Employment Restrictive Covenants Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees July 25, 2016 by Scott Selix & JoLynn Markison Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of all employees? More generally, can you help me understand the appropriate, respectful terminology in this area? I certainly don’t want to offend anyone on purpose, and I also don’t want to do so by mistake. Answer→ POSTED IN Privacy Rights, Sex Discrimination Quirky Question #267: An Equine Accommodation? October 5, 2015 by JoLynn Markison & Jessica Shiffman Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However, yesterday he came in and said he would like to use a miniature horse as a service animal instead of the dog, because it is preferable given his tall stature, among other reasons. We were fine with the dog – who doesn’t love an office dog? But a horse, really? Do we have to accommodate this? VIEW ALL POSTS ABOUT: Disability Discrimination, Employee Handbook / Policies, Health Care Industry Group, P3D Industry Group NLRB Published Report Concerning Employee Handbook Rules and Policies April 2, 2015 by Michael Droke, Sarah Herman, Rebecca Bernhard & JoLynn Markison On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many commonly-used policies, if not phrased carefully, may have a chilling effect on Section 7 rights to engage in concerted activity. The policies critiqued by General Counsel Griffin include, among others, confidentiality policies, employee conduct policies, media policies, trademark and copyright use policies, and conflict of interest policies. The Report’s broad interpretation of potential “reasonable” understandings of handbook provisions concludes that policies such as “be respectful of others and the Company” violate the NLRA. Given the NLRB’s increased focus on handbook policies and this Report’s conclusions regarding a number of frequently utilized policies, employers – even those with employees not represented by labor unions – should carefully review their handbooks to avoid NLRB scrutiny. VIEW ALL POSTS ABOUT: Labor Law	cc/2019-30/en_middle_0064.json.gz/line1566
__label__cc	0.716016	0.283984	MORE / TRAILER FUNDRAISERS EVENTS BOOKINGS & FUNDRAISERS CINEMA ITALIANO FESTIVAL On the Basis of Sex at Rialto Tauranga 120 mins \| Rated M (Offensive language) Directed by Mimi Leder Starring Armie Hammer, Felicity Jones, Jack Reynor, Justin Theroux, Stephen Root, Sam Waterston, Kathy Bates The story of Ruth Bader Ginsburg, her struggles for equal rights and what she had to overcome in order to become a U.S. Supreme Court Justice. 120 mins \| Rated M (Offensive language) \| Biography Directed by Mimi Leder \| Starring Armie Hammer, Felicity Jones, Jack Reynor, Justin Theroux, Stephen Root, Sam Waterston, Kathy Bates Website © 2019 Flicks Ltd	cc/2019-30/en_middle_0064.json.gz/line1570
__label__wiki	0.944194	0.944194	Quarterly Letters Kenzie Gallagher Jerde architecture firm will quit congested Venice for downtown Los Angeles By Roger Vincent \| LA times The Jerde Partnership, one of Los Angeles’ best-known architecture firms, will move its headquarters from the Venice boardwalk to downtown as rising rents and traffic congestion speed its departure from the Westside. Jerde has had offices on the offbeat beachside pedestrian pathway for three decades, but its lease was about to expire and the search for another area office was daunting. “The Westside has gotten so expensive and the traffic is just horrible,” said Paul Martinkovic, chief financial officer. “Rents have just skyrocketed.” Martinkovic did not disclose Jerde’s rent, but a recent report by real estate brokerage CBRE Group Inc. showed average asking rent on the Westside was nearly $5 per square foot per month compared with $3.47 a foot downtown. Average rent in Santa Monica has topped $6 a foot. In recent years, Venice in particular has become congested due to the growth of Snap Inc., the parent of popular social-media app Snapchat. Jerde will move in February to the former headquarters of Southern California Edison Co., a 13-story, Art Deco-style landmark completed on Bunker Hill in 1931 now known as the CalEdison Building. “We liked the architectural style and historic elements of the building,” Martinkovic said. “It fit our brand as who we are as creators.” Virtual Reality and How It Affects Commercial Real Estate Allen Matkins’ View from the Top Insights: Videos Get news and updates from Rising Rising, LLC Rising Realty Partners, 523 West 6th Street, Suite #600, Los Angeles, United States of America Rising Realty Partners \| 300 S Grand St., Suite 350, Los Angeles, CA 90071 Copyright © 2019 Rising Realty Partners. All Rights Reserved.	cc/2019-30/en_middle_0064.json.gz/line1573

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