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Resource Accounting/Resource Accountancy
Resource Accounting/Accountancy is the system of using the source and/or supply of information to produce benefit while keeping and analyzing financial records. | WIKI |
Talk:Mahiuki
Is this a mistake for Mahuika, who according to Craig (p. 148), was the fire god in the underworld in the Marquesas and Tuamotus. Could this be a spelling mistake? Bucketsofg 07:06, 29 March 2006 (UTC)
* Most definitely it is a typo. Mahuika is well known in NZ too, as the grandmother (grandfather in some cases) of Māui, who gave him her fingernails one by one when he asked her to give him fire. The fingernails were the source of fire. Māui placed some of them in certain trees which were used for fire-starting. Never ends in an -i. Kahuroa 02:17, 2 April 2006 (UTC)
OK, what I suggest is that we just let this article be deleted. I'll create a new entry on Mahiuka now. Bucketsofg 02:54, 2 April 2006 (UTC) | WIKI |
Benjamin PORCHER, Plaintiff, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.
No. Civ.A. 04-11384-DPW.
United States District Court, D. Massachusetts.
July 12, 2005.
Andrew Kisseloff, Hale and Dorr Legal Services Center, Jamaica Plain, MA, for Plaintiff.
George B. Henderson, United States Attorney’s Office, Boston, MA, for Defendant.
MEMORANDUM AND ORDER
WOODLOCK, District Judge.
Plaintiff Benjamin Porcher seeks reversal of the decision by the Commissioner of Social Security denying him Supplemental Security Income (“SSI”) benefits, contending that the denial was the result of legal error and was unsupported by substantial evidence. I will remand for further proceedings.
I. Background
A. Procedural History
In October 2001, Mr. Porcher filed an application for SSI benefits which was initially denied. On reconsideration, the application was denied again and plaintiff requested a hearing by an Administrative Law Judge (“ALJ”). A hearing was held before ALJ J. Alan McKay on September 23, 2003. ALJ McKay denied plaintiffs application on November 26, 2003. The Appeals Council denied a request for review of that decision; that denial constitutes the final decision of the Commissioner of Social Security. Plaintiff thereafter filed this request for review of the Commissioner’s decision.
B. Administrative Law Judge’s Summation of the Evidence
At the time of the ALJ’s denial of Mr. Porcher’s benefits claim, he was 26 years old, had obtained a GED, and presented the ALJ with no relevant work experience. Prior to the onset date of his purported disability, he had done some carpentry and construction work. After the onset date, plaintiff held no gainful employment.
At the hearing, Mr. Porcher appeared with a cane and was able to “answer questions spontaneously.” In re Porcher, SSA Office of Hearings and Appeals Decision, Nov. 26, 2003, at 2 (R. 14). Mr. Porcher reported burning and throbbing pain in his back that radiated into his legs. He experienced tingling and numbness in his thigh as well as foot pain, exacerbated by walking. The ALJ reported the pain to be “caused by the residuals of a gun shot wound which he had suffered in the past.” (R. 14) Mr. Porcher was on medications to alleviate his pain, resulting in the side effect of drowsiness.
The ALJ reported that plaintiff “indicated that he could lift a small television, walk for 10-20 minutes and sit for one to one and a half hours at a time; ... [and] can stand for 20-25 minutes at a time but would be unable to do any stooping or crawling.” (R. 14) Moreover, “[h]e can manipulate objects without difficulty.” (R. 14) Mr. Porcher informed the ALJ that he was limited in his ability to play with his daughter and to sleep well due to his physical condition. He also reported that he suffered depression. Mr. Porcher did none of the housework and spent his days watching television, playing video games and watching movies.
The ALJ received testimony from a vocational expert, Ruth Baruch, who opined that someone fitting plaintiffs physical description could perform “numerous jobs with a sit/stand option,” providing examples. (R. 14-15) When the ALJ added that the person would also suffer from depression and anxiety causing moderate limitations in concentration, persistence and pace, Ms. Baruch answered that such limitations would still permit performance of the jobs she had suggested: ticket seller, surveillance systems operator, and cashier in a parking lot. However, the positions could not be performed, in the expert’s opinion, if the limitations in concentration, persistence, and pace were marked.
The ALJ reviewed the medical evidence, including records from the Boston Medical Center for plaintiffs treatment and recovery in July and August 1999 for his multiple gunshot wounds. On August 11, 1999, plaintiff was admitted to a rehabilitation center at the hospital, a stay lasting until September 8, 1999. At discharge, plaintiff “was independent with bed mobility” and “independent with bowel and bladder management,” and noted to be “ambulatory and stable.” (R. 15) From January 2000 until March 2000, Mr. Porcher received treatment at the Martha Elliot Health Center. “A note dated January 7, 2000 indicated that the claimant ambulated fairly well without assistance.” (R. 15) During this time period, plaintiff complained of pain for which he was given a refill of his pain medication. A March 17, 2000 note indicated that plaintiff suffered from peripheral neuropathy of the left lower extremity.
Mr. Porcher had been treated by a number of health professionals. Carol Wilson, M.A., in a cover letter dated September 23, 2003 indicating that plaintiff had been receiving treatment at Martha Elliot Health Center since June 10, 2002, described plaintiff as having “a depressed and flat affect.” (R. 15) Ms. Wilson conducted monthly therapy sessions with Mr. Porcher and indicated that he was doing “exceptionally well.” (R. 16)
A psychiatrist, Dr. David Green, also treated Mr. Porcher. An August 5, 2002 note indicated that plaintiff was suffering from a major depressive disorder. By January 21, 2003, a note indicated that plaintiffs condition was stable. Dr. Green noted on June 11, 2003 that plaintiff was still demonstrating symptoms of recurrent depression.
The ALJ was also presented with a July 17, 2003 statement of Dr. Ronald White. Dr. White recounted the injuries sustained by plaintiff and concluded, in the ALJ’s recounting of the evidence, that Mr. Porch-er could not work.
Mr. Porcher also underwent a consultative examination for the Social Security Administration. Dr. G. Girgis submitted a report dated January 2, 2002, where he noted that plaintiff suffered from a left foot drop that coincided with pain presumed to be neuropathic. Although the doctor indicated that plaintiff was not using a cane and was ambulatory, appearing not to need a foot brace, he did note that Mr. Porcher usually used a cane and would probably require a foot brace. “The doctor stated that the claimant has a painful somatic neuropathy of the left peroneal nerve secondary to his gunshot wound with motor and sensory deficits.” (R. 16)
In addition, Dr. Mark Colb completed a physical residual functional capacity form on January 4, 2002, indicating that Mr. Porcher could lift 20 pounds occasionally and 10 pounds frequently. He believed plaintiff should climb, balance, stoop, kneel, crouch, or crawl only occasionally. Mr. Porcher should also avoid exposure to dangerous machinery and unprotected heights.
II. Discussion
Mr. Porcher, in seeking reversal of the denial of SSI benefits, argues that the Commissioner “erred as a matter of law and issued a decision that was not based on substantial evidence.” (PL’s Brief at 1) He contends that the “[ujncontroverted evaluations of [his] treating physician, supported by medical evidence, place him squarely at the listing level for mental impairment disability,” and that the ALJ substituted his own interpretation of the raw medical data for these conclusions. He alternatively avers that “the ALJ failed to properly consider plaintiffs complaints of pain and emotional impairment in evaluating his residual functional capacity.”
A district court is empowered to enter a judgment “affirming, modifying, or reversing a decision of the Commissioner of the Social Security Administration with or without remanding the cause for a hearing.” 42 U.S.C. § 405(g). Unless the Commissioner committed legal or factual error in evaluating the claim for disability benefits, I must uphold the denial. Manso-Pizarro v. Sec’y of Health and Human Services, 76 F.3d 15, 16 (1st Cir.1996).
“Evidence of an impairment is not enough.” DaCosta v. Apfel, 81 F.Supp.2d 235, 239 (D.Mass.2000) (citing McDonald v. Sec’y of Health and Human Services, 795 F.2d 1118, 1120 (1st Cir.1986); Thomas v. Sec’y of Health and Human Services, 659 F.2d 8, 9 (1st Cir.1981); 20 C.F.R. §§ 404.1520(f), 416.920(f).) To be disabled, and thereby eligible for benefits, one must suffer from a medical condition which precludes performance of any substantial gainful employment and can be expected to result in death or to last for a continuous period of at least twelve months. 42 U.S.C. §§ 416t(i)(l), 423(d)®.
An entitlement to disability benefits must be supported by medical evidence. See Avery v. Sec’y of Health and Human Services, 797 F.2d 19, 20-21 (1st Cir.1986); Winn v. Heckler, 762 F.2d 180, 182 (1st Cir.1985). And, to the extent the Commissioner’s factual findings are supported by substantial evidence, they are conclusive. 42 U.S.C. § 405(g); MansoPizarro, 76 F.3d at 16; Lizotte v. Sec’y of Health and Human Services, 654 F.2d 127, 128 (1st Cir.1981). Substantial evidence is that which is “rationally adequate on the record as a whole to justify the conclusion.” Roman-Roman v. Comm’r of Soc. Sec., 114 Fed.Appx. 410, 411 (1st Cir.2004) (citing Rodriguez Pagan v. Sec’y of Health & Human Services, 819 F.2d 1, 3 (1st Cir.1987) (per curiam), cert. denied, 484 U.S. 1012, 108 S.Ct. 713, 98 L.Ed.2d 663 (1988)); see Rodriguez v. Sec’y of Health and Human Services, 647 F.2d 218, 222 (1st Cir.1981). A factual finding “derived by ignoring evidence, misapplying the law, or judging matters entrusted to experts,” however, need not be credited. Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir.1999) (per curiam). Finally, “the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency’s finding from being supported by substantial evidence.” Consolo v. Fed. Maritime Co., 383 U.S. 607, 620, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966); see Penobscot Air Servs., Ltd. v. F.A.A., 164 F.3d 713, 718 (1st Cir.1999).
The Social Security Regulations mandate a five-step process for the evaluation of claims for SSI. 20 C.F.R. § 404.1520(a)(4)(i)-(v).
The Commissioner first determines whether an individual is currently performing “substantial gainful activity,” which is defined as significant mental or physical activities of the sort usually done for pay or profit. 20 C.F.R. § 404.1520(a)(4)®.
The Commissioner then asks whether the claimant has a “severe impairment,” one which “significantly limits the claimant’s physical or mental capacity to do basic work activities.” 20 C.F.R. § 404.1520(a)(4)(ii).
The Social Security Administration (“SSA”) then further inquires into the medical severity of the claimant’s impairment by determining whether it satisfies the duration requirement and “meets or equals one of our listings in appendix 1 of this subpart.” 20 C.F.R. § 404.1520(a) (4) (iii).
At the fourth step, the Commissioner must assess the claimant’s residual functional capacity (“RFC”) and inquire whether the impairment permits the kind of mental and physical demands of the claimant’s past work. 20 C.F.R. § 404.1520(a)(4)(iv).
Finally, the Commissioner asks whether, in light of the RFC, age, education, and work experience of the claimant, he can “make an adjustment to other work.” 20 C.F.R. § 404.1520(a)(4)(v). At this last step, the burden is on the SSA to establish that there are jobs in the national economy that the claimant could perform. See Ortiz v. Sec’y of Health and Human Services, 890 F.2d 520, 524 (1st Cir.1989) (“[Ojnce a claimant has demonstrated a severe impairment that prohibits return to his previous employment, the Secretary has the burden of proving the existence of other jobs in the national economy that the claimant can perform.”); Lancellotta v. Sec’y of Health and Human Services, 806 F.2d 284, 284 (1st Cir.1986).
The ALJ applied this analytical framework to Mr. Porcher’s request for benefits: “In accordance with the Social Security Act, as amended, the Commissioner of the Social Security Administration has established a sequential evaluation process to be followed in determining disability.” (R. 16 (citing 20 C.F.R. § 416.920)). At the first step, whether Mr. Porcher had “engaged in substantial gainful activity since [his] alleged onset date” of September 8, 1999, the ALJ found that he had not. The ALJ then found that under the standards of the second step of the analysis the claimant had “severe” impairments: “The evidence supports the finding that the claimant suffers from residuals of a gunshot wound, depression secondary to physical limitations, anxiety, and a fracture of the left ankle.” (R. 17)
The ALJ found, however, at the next step that claimant did not have “any ‘severe’ impairments which meet or equal, either singularly or in combination, the severity [of] any of the criteria of the Listings of Impairments described in Appendix 1 to subpart P of Regulations No. 4.” Plaintiff contends that the ALJ substituted his own medical evaluation for that of Mr. Porcher’s treating physician. But, the ALJ reported he had “[i]n reaching this conclusion, ... considered the opinions of the state agency medical consultants who evaluated this issue at the initial and reconsideration levels of the Administrative review process and reached the same conclusion.” (R. 17)
Although it is true that Dr. White believed Mr. Porcher was “unable to work,” (R. 277), there was contrary medical evidence in the record. (See R. 224-235) It is this evidence the ALJ cited, not his own independent medical evaluation, in reaching his conclusion at the third step of the analysis. That is not legal error in so far as the finding is based on Mr. Porcher’s exertional limitations alone; “a reasonable mind, reviewing the evidence in the record as a whole, could accept it as adequate to support his conclusion.” Rodriguez, 647 F.2d at 222. The evidence, however, was not limited to exertional limitations. There was evidence of mental impairment as well, and, if sufficiently severe, such an impairment can meet the requirements of the third analytical step.
Plaintiff argues that he qualifies for benefits for his mental impairments alone— meeting or equaling a disability listing and, thereby, satisfying the third step of the analytical paradigm — citing the criterion of § 12.04 of 20 C.F.R. Part 404 Sub-part P Appx. 1 (“Mental Disability Listings”), which covers affective disorders, and § 12.06, which covers anxiety disorders.
Section 12.04 of the Mental Disability Listings provides in pertinent part:
Characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.
The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.
A. Medically documented persistence, either continuous or intermittent, of one of the following:
1.Depressive syndrome characterized by at least four of the following:
a. Anhedonia or pervasive loss of interest in almost all activities; or
b. Appetite disturbance with change in weight; or
c. Sleep disturbance; or
d. Psychomotor agitation or retardation; or
e. Decreased energy; or
f. Feelings of guilt or worthlessness; or
g. Difficulty concentrating or thinking; or
h. Thoughts of suicide; or
i. Hallucinations, delusions, or paranoid thinking ...
AND
B. Resulting in at least two of the following:
1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration....
And, section 12.06 of the Mental Disability Listings provides:
In these disorders anxiety is either the predominant disturbance or it is experienced if the individual attempts to master symptoms; for example, confronting the dreaded object or situation in a phobic disorder or resisting the obsessions or compulsions in obsessive compulsive disorders.
The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in both A and C are satisfied.
A. Medically documented findings of at least one of the following:
1. Generalized persistent anxiety accompanied by three out of four of the following signs or symptoms:
a. Motor tension; or
b. Autonomic hyperactivity; or
c. Apprehensive expectation; or
d. Vigilance and scanning;
or
2. A persistent irrational fear of a specific object, activity, or situation which results in a compelling desire to avoid the dreaded object, activity, or situation; or
3. Recurrent severe panic attacks manifested by a sudden unpredictable onset of intense apprehension, fear, terror and sense of impending doom occurring on the average of at least once a week; or
4. Recurrent obsessions or compulsions which are a source of marked distress; or
5. Recurrent and intrusive recollections of a traumatic experience, which are a source of marked distress;
AND
B. Resulting in at least two of the following:
1. Marked restriction of activities of daily living; or
2. Marked difficulties in maintaining social functioning; or
3. Marked difficulties in maintaining concentration, persistence, or pace; or
4. Repeated episodes of decompensation, each of extended duration.
OR
C. Resulting in complete inability to function independently outside the area of one’s home.
Plaintiff points to the notes of Dr. Green, his treating psychiatrist, to support the contention that he meets the Mental Disability Listings requirements and is, therefore, disabled. While it is true that Dr. Green lists a number of mental health symptoms — plaintiff notes five — that are found in § 12.04A, plaintiff does not point the court to any place where Dr. Green concluded in haec verba that the effect of these symptoms on his daily life, social functioning, or persistence, concentration, or pace was “marked.” Dr. Green did write in his notes that plaintiff was “Clearly unable to function vocationally due to depressive symptoms.” This, one could argue, implies a conclusion on his part that those symptoms are marked.
Even if that conclusion were undeniably clear, which it is not, plaintiff must satisfy two of the four provisions in § 12.04B. In this connection, plaintiff contends that the “ALJ identified moderate deficiency in concentration^] persistence, or pace, satisfying § 12.04B.” But, the regulations clearly require “marked” limitations, not moderate ones. The ALJ presented hypothetical scenarios to the vocational expert that crystallize this important distinction. He found that plaintiff could perform certain sit/stand jobs with his limitations, concluding that Mr. Porcher’s mental limitations were moderate, not marked.
There does not appear to be a question that substantial evidence in the form of medical reports are found in the record to support the conclusion that, absent other limitations, Mr. Porcher would not be disabled under the Act. But the assessment of mental impairments must take the ALJ along two routes. Second, if they are not so severe, he must determine whether, taken together with the physical and other nonexertional limitations, they are substantial to a degree warranting disability payments. To resolve either of those questions, the ALJ must carefully evaluate the evidence in the record regarding plaintiffs mental condition.
Here, in reaching his decision, the ALJ relied upon Ms. Wilson’s report that plaintiff was doing “exceptionally well” in his therapy sessions, concluding that Mr. Porcher had “only a moderate limitation in his ability to maintain concentration, persistence and pace.” (R. 18) He noted that Dr. Green did not believe plaintiff could work, but nevertheless concluded that the medical evidence did not support the doctor’s opinion. On this latter point, it is not entirely clear to what medical evidence the ALJ is referring.
Plaintiff argues that when Ms. Wilson’s statement is read in context it’s meaning is not that which the ALJ gave it. Ms. Wilson included the observation in a September 23, 2003 cover letter accompanying notes of Dr. Green she forwarded to plaintiffs legal advocate:
This letter will verify that Mr. Benjamin Porcher was seen here beginning June 10, 2002. At that time, while evaluating Mr. Porcher’s mental status, I noticed that he appeared to have a depressed and flat affect. I referred Mr. Porcher to the department psychiatrist, Dr. David Green. Mr. Porcher had met with Dr. Green on August 5, 2002 and has been receiving on going services with Dr. Green.
Attached please find notes from those sessions. I am seeing Mr. Porcher in individual monthly therapeutic sessions, Mr. Porcher is doing exceptionally well concerning those sessions....
(R. 252). The context raises impediments to putting too much emphasis on Ms. Wilson’s observation. First, it appears in a cover letter to plaintiffs attorney and not in evaluative notes or in response to directed inquiry that could clarify the nature and extent of the opinion. Furthermore, it is not clear from the letter whether he is doing “exceptionally well” mentally or, instead, whether Ms. Wilson is complementing plaintiff on his commitment to the monthly sessions. In short, I do not find that this isolated comment could form the basis for determining the extent of Mr. Porcher’s mental impairment.
A September 16, 2003 letter from Ms. Wilson to plaintiffs legal advocate actually contains language that arguably speaks more clearly to his mental and physical prognosis: “It is my assessment that he will continue to be successful in his recovery and he is capable and responsible.” (R. 261) Again, however, the comment is made in a cover letter and is not a clear evaluative conclusion by a mental health professional.
By contrast, Dr. Green noted in the medical records that plaintiff is “[cjlearly unable to function vocationally due to depressive symptoms.” (R. 259). While the “law in this circuit does not require ALJ’s to give greater weight to the opinions of treating physicians,” Arroyo v. Sec. of Health and Human Services, 932 F.2d 82, 89 (1st Cir.1991), Dr. Green’s opinion must be addressed directly when there are no countervailing mental RFC forms or evaluative statements by other professionals in the record. The ALJ certainly was permitted to base his conclusion on contrary medical evidence, but, here there are indications that the ALJ reached a conclusion regarding Mr. Porcher’s mental condition based on his own interpretation of the medical records. Cf. Nguyen, 172 F.3d at 35 (“As a lay person, however, the ALJ was simply not qualified to interpret raw medical data in functional terms and no medical opinion supported the determination.”); see Perez v. Sec. of Health and Human Services, 958 F.2d 445, 446 (1st Cir.1991) (per curiam) (“[A]n ALJ is not qualified to interpret raw medical data in functional terms.”).
To be sure, it is not the job of the district court to resolve evidentiary disputes. See Dupuis v. Sec’y of Health and Human Services, 869 F.2d 622, 624 (1st Cir.1989) (“The function of weighing evidence is the Secretary’s.”). Here, however, the ALJ clearly stated that he based his conclusion that Mr. Porcher’s mental impairments were moderate on reports of him doing “exceptionally well” in therapy., For the reasons stated above, I find that evidence insufficient in isolation. In light of the absence of a mental RFC evaluation by the SSA in the record and without commenting on how the notes of Dr. Green should be read, I will instruct that on remand the ALJ make his mental impair- ■ ment findings based on all of the psychiatric evidence in the record. And, if Ms. Wilson’s opinion is to be given weight, it should be framed with greater precision.
With that said, it is not the case, as plaintiff would have it, that the record is clear on this point. The ALJ could arguably find that the medical evidence in the record does not support Mr. Porcher’s claims. But the finding must be based on substantial evidence and Ms. Wiison’s isolated comments do not suffice. Reopening the record to permit Dr. Green and a psychiatrist for the SSA to submit mental RFC forms may help in reaching a resolution based upon substantial evidence.
Failure to qualify for disability benefits at the third step of the analysis, based either on the exertional limitations or mental impairment of plaintiff, moreover, does not end the inquiry. Plaintiff argues that the ALJ, at the fifth step of the analysis— determining “whether the claimant retains the residual functional capacity to ... adjust to other work” — failed to account for “subjective and medical evaluations” of mental impairment and pain in reaching his conclusion. When it appears in the record, such evidence of non-exertionallimitations must be factored into the analysis when the ALJ turns to the fifth step.
The ALJ did factor mental impairment into step five of his analysis, but, for the reasons stated above, the basis in the record for finding the limitation moderate, as opposed to marked, is less than substantial. If the ALJ intended to reject Dr. Green’s opinion as unsupported and find Mr. Porcher’s contentions not credible, he should have made findings based on the evidence in the record — above and beyond Ms. Wilson’s isolated comments in a cover letter — demonstrating why such a conclusion is warranted.
That does not conclude the analytical process, however. In addition to evidence of mental impairment, the record included evidence of pain suffered by plaintiff. The Social Security Act “provides ... ‘that other evidence including statements of the claimant or his doctor, consistent with the medical findings, shall be part of the calculus.’ ” DaRosa, 803 F.2d at 25 (quoting Avery, 797 F.2d at 21). The First Circuit has “interpreted the Act [to] require[] that ‘there must be a clinically determinable medical impairment that can reasonably be expected to produce the pain alleged.’ ” Id. (quoting Avery, 797 F.2d at 21).
The ALJ noted that “[i]n addressing the residual functional capacity issue, consideration must be given to the subjective allegations of the claimant.” (R. 17) He then outlined “the guidelines for evaluating the claimant’s condition which have been set forth on [sic] accordance with the decision in the case of [Avery ].” (R. 17)
In evaluating subjective complaints, the [ALJ] must give careful consideration to all avenues presented which relate to such matters as:
1. The nature and location, onset, duration, frequency, radiation, and intensity of pain;
2. precipitating and aggravating factors (E.G. movement, activity, environmental condition);
3. [t]ype, dosage, effectiveness and adverse side-affects [sic] of any pain medications;
4. [treatment, other than medication for relief of pain;
5. [functional restrictions; and
6. [t]he claimant’s daily activities.
(R. 17-18). “The [ALJ] conclude^] that the claimant’s allegations that he would be unable to perform all types of work due to his medical condition are not credible to the extent alleged in light of the claimant’s medical treatment and the reports of the claimant’s treating and examining physicians as well as the claimant’s own testimony.” (R. 18)
As the ALJ recognized, when examining RFC at step five — where, as here, nonexertional limitations are in play — the statutory guidelines for potential jobs serve only as a framework and are not controlling. See Nguyen, 172 F.3d at 36 (“Pain can constitute a significant non-exertional impairment which precludes naked application of the Grid and requires use of a vocational expert.”); Ortiz, 890 F.2d at 524. In such instances, a vocational expert can help satisfy the Secretary’s burden. Here, the vocational expert was presented with a third hypothetical not mentioned by the ALJ in his recounting of the evidence, where — for purposes of the hypothetical at least — the pain described by plaintiff was completely credited. Ms. Baruch concluded that in such an instance there would be no appropriate jobs in the national economy.
There does not appear to be a dispute that plaintiff experienced a certain degree of pain as a result of his injuries. But, in his findings, the ALJ did not include pain as a discrete non-exertional limitation, though he did note plaintiffs ability to lift a small television, walk for 20-25 minutes, sit for one and a half hours, and stand between 20 and 25 minutes. Implied in the ALJ’s decision is that he found such exertional capability to be inconsistent with the pain described. Cf. Torres v. Sec. of Health and Human Services, 870 F.2d 742, 745 (1st Cir.1989) (“[T]he ALJ must determine what evidence he credits in order to pose a hypothetical which will be relevant and helpful.”) Such credibility determinations are left to the ALJ. Ortiz, 955 F.2d at 769 (“It is the responsibility of the Secretary to determine issues of credibility and to draw inferences from the record evidence.”).
Nevertheless, and because the case will be remanded in any event, the ALJ should make an explicit finding regarding the degree of pain suffered by plaintiff and how that, factored into the analysis along with the physical and mental impairments of plaintiff, impacts, if at all, the RFC determination at step five. Cf. DaRosa, 803 F.2d at 26 (“On remand, the ALJ is still free to find the appellant’s testimony regarding his pain and exertional limitations is not credible. This result, however, must be supported by substantial evidence and the ALJ must make specific findings as to the relevant evidence he considered in determining to disbelieve the appellant.”)
In sum, the ALJ should make explicit findings regarding the extent of plaintiffs mental impairment and pain, and factor such findings into the analysis at steps three and five as appropriate. If necessary, more evidence may be taken into the record to permit thorough analysis , of the relevant points. Cf. Perez, 958 F.2d at 446 (“We have held ... that where an ALJ reaches conclusions about claimant’s physical exertional capacity without any assessment of residual functional capacity by a physician, the ALJ’s conclusions are not supported by substantial evidence and it is necessary to remand for the taking of further functional evidence.”).
III. Conclusion
For the foregoing reasons, the motion to affirm of defendant is DENIED, the decision of the Commissioner is VACATED and the case REMANDED for further proceedings consistent herewith.
. The following is taken from the decision of the ALJ denying disability benefits to Mr. Porcher, the substance of which is the subject of the instant appeal.
. The ALJ cited Ms. Wilson as saying Mr. Porcher was doing “exceptionally well.” She did use that language, but qualified the statement by opining that he was doing “exceptionally well concerning those [therapy] sessions.” The implication of the context in which "exceptionally well” is found will be discussed below.
. Dr. White wrote that Mr. Porcher was unable to work in the context of a brief handwritten note:
I am writing concerning Mr. Benjamin Porcher had had [sic] gunshot wound left leg [sic] and abdomen. There is evidence of recent fracture left ankle [sic]. He is unable to work. Contact me if you have questions.
(R. 277) One reading of this note is that Mr. Porcher is unable to work because of his permanent injuries. I note, however, that it could also be read as temporally limited and tied to the recent ankle fracture. In any event, because of the contrary medical evidence concerning Mr. Porcher's physical limitations, it is not necessary to determine the implication of Dr. White’s opinion.
. The absence of a mental RFC alone does not foreclose the possibility of the ALJ finding no significant limitations due to mental impairment. For instance, in Santiago v. Sec’y of Health and Human Services, 944 F.2d 1 (1st Cir.1991),
Claimant contend[ed] that, as RFC is a medical assessment, 20 C.F.R. § 404.1545(a), the ALJ was not permitted to determine RFC without having in the record an expert’s RFC report. We reject this contention on these facts. The record here reflects only relatively mild mental and physical impairments and claimant never clarified the particular respects in which these are alleged to prevent her from performing her past work. In such circumstances the ALJ could determine she was not disabled without requiring an expert’s RFC evaluation as part of the record.
Id. at 4-5.
. There is a "Psychiatric Review Technique” form in the record. (R. 236-49) Dr. Maxwell G. Potter checked the box labeled "Insufficient Evidence” under the "Medical Disposition(s)” section of the form and apparently did not conduct an independent assessment. It is not clear whether this is a medical conclusion that no mental impairment is suffered by Mr. Porcher, or rather, whether the doctor simply reviewed a paper record which did not include Dr. Green’s notes.
. The fourth step, whether claimant retains the capacity to perform past work, is not implicated here, where the ALJ found that Mr. Porcher had no relevant past work experience.
. See Nguyen v. Chater, 172 F.3d 31, 34 (1st Cir.1999) (per curiam) ("Since, following the medical advisor, the ALJ conceded that claimant's condition was painful, his determination of residual functional capacity had to take into account the severity of claimant's pain and the extent to which it impeded his ability to work. In making this assessment, the ALJ was required to consider evidence in addition to medical tests, including, inter alia, claimant's statements, opinions of treating physicians, reports of claimant’s activities and claimant’s course of treatment.”) (citations omitted).
. See generally Dupuis, 869 F.2d at 623 ("In determining the weight to be given to allegations of pain, ... complaints of pain need not be precisely corroborated by objective findings, but they must be consistent with medical findings.”) (citing DaRosa, 803 F.2d at 26; Avery, 797 F.2d at 21).
. To the extent hypothetical questions posed to an expert are based on unsubstantiated findings—which would include, arguably, the moderate mental limitations described in the second hypothetical to Ms. Baruch, see supra—the expert's opinion need not be credited. See Arocho v. Sec’y of Health and Human Services, 670 F.2d 374, 375 (1st Cir.1982) ("[I]n order for a vocational expert’s answer to a hypothetical question to be relevant, the inputs into that hypothetical must correspond to conclusions that are supported by the outputs from the medical authorities.”).
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Feasibility study for 100% renewable energy microgrids with medium-sized wind turbines in Switzerland
Sarah Barber; Simon Boller; Henrik Nordborg
The growing worldwide levels of renewable power generation require innovative solutions to maintain grid reliability and stability, due to their variability and uncertainty. The implementation of microgrids in small regions can help with these challenges, by intelligently storing or releasing electricity to the grid, depending on the loads and the grid requirements at any specific time. Renewable microgrids are also good solutions for regions wishing to produce green electricity independently from the grid, saving potentially high cable laying and grid connection costs.
Switzerland does not yet have a large number of installed wind turbines (0.2% penetration level in 2016), and despite the ambitious Energy Strategy 2050, not a single wind turbine was installed in 2018. This lack of progress is mainly due to large delays, costs and risks associated with the permitting procedure for wind turbines higher than 30 m. Whilst wind turbines lower than 30 m require a much easier permitting procedure, they are less economically viable than large wind turbines, generally having average installed costs of about 4,400 $/kW compared to 1,400 $/kW for MW-size wind turbines.
The implementation of renewable microgrids consisting of small wind turbines below 30 m, photovoltaic panels and a storage system may be a potential solution to help Switzerland to reach the goals of the Energy Strategy 2050. In this work, twelve sites in Switzerland were chosen for a 100% renewable energy microgrid feasibility study. Five of these sites were found to be economically viable, assuming that organisations / municipalities are prepared to make extra investments up to 0.2 $/kWh for electricity independence. The Self-Sufficiency Ratio (SSR) was between 1 and 2 for each site, reflecting the extra installed capacity required in order to fully cover every hour of demand (island operation). Reduced battery costs (up to 50%) reduce COE (up to 11%) but reduce SSR only minimally (<1%). Reduced wind turbine costs (up to 75%) reduce COE (up to 46%) but increase SSR (up to 30%). Reduced PV costs (up to 33%) reduce COE (up to 66%) but increases SSR (up to 81%). However, the implementation of 100% renewable energy microgrids is strongly limited by the area required / available. Furthermore, a suitable solution was found for a High Performance Computing Centre test site in Canton Glarus. The next step is to look at some real test cases with real costs and wind measurements.
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Sidney, Montana
Sidney is a city in and the county seat of Richland County, Montana, United States, less than 10 mi west of the North Dakota border. The population was 6,346 at the 2020 census. The city lies along the Yellowstone River and is in proximity to the badlands of the Dakotas. Sidney is approximately midway between Glendive, Montana and Williston, North Dakota.
History
Settlers began arriving in the area in the 1870s, and a post office was established in 1888. Six-year-old Sidney Walters and his parents were staying with Hiram Otis, the local justice of the peace, and Otis decided that Sidney was a good name for the town. The following year, Montana became a state and Sidney was incorporated in 1911.
Sidney was originally part of Dawson County, but became the county seat of Richland County at its inception in 1914.
Agriculture became an important part of the region after the Lower Yellowstone Irrigation Project was completed in 1909. A dam was built on the river south of Glendive, which diverted water from the river into a 115.2 km main canal, which runs north–south, parallel to the Yellowstone, irrigating land from Glendive north up to Fairview, where it dumps into the Missouri River. This project irrigates 51429 acre and serves water to 450 farms, according to the manager of the Lower Yellowstone Irrigation Districts.
During the Great Depression, Montana artist J. K. Ralston painted a Federal Arts Project mural at the Richland County Courthouse in Sidney.
The town received a boost in 1924 when the Holly Sugar Company opened up a sugar refinery in Sidney to process locally grown sugar beets.
The area experienced an oil boom and bust in the late 1970s and early 1980s, bringing an influx of people to the town for a short period of time. Around the start of the 21st century, the town experienced another surge in oil exploration activity.
Geography
Sidney is located in the northeastern part of the state at 47.7125°N, -104.16139°W (47.712519, -104.161486), at an altitude of 1,949 feet (594 m).
According to the United States Census Bureau, the city has a total area of 2.68 sqmi, of which 2.66 sqmi is land and 0.02 sqmi is water.
Sidney is 270 mi northeast of Billings, and 190 mi south of Regina, Saskatchewan.
Climate
Sidney experiences a semi-arid climate (Köppen BSk) with long, cold, dry winters and hot, more humid summers.
Economy
Sidney relies heavily on farming, ranching, and oil production for economic stability. The surrounding countryside is populated with many farms and cattle ranches, plus oil exploration activity. The area's main cash crop are sugar beets, and Sidney is home to a sugar beet factory, built in 1925. The factory is the largest employer in the city, next to the Sidney Health Center and Sidney Public Schools.
The sugar beet factory, owned by the American Crystal Sugar Company, was scheduled to close in April 2023.
Arts and culture
The town's museum, the MonDak Heritage Center, was founded in 1967. The museum houses artifacts and archives that detail the history of life in eastern Montana and western North Dakota since the first pioneers arrived in the late 19th century.
Sidney has a public library, the Sidney-Richland County Library.
Government
The town of Sidney has a Mayor and City Council. The City Council has 3 wards, each with 2 councilors. In 2023 the Mayor was Rick Norby.
Education
Sidney has four public schools; one K, 1st, and 2nd grade (Westside Elementary) elementary school, a 3rd, 4th and 5th grade (Central Elementary) Elementary school, a 6-8 Junior High School, and a 9-12 senior high school. Sidney High School's team name is the Eagles.
There are no institutions of higher education located within the city, but Williston State College in North Dakota is within commuting distance. MSU-Billings offers courses through telecommunication, and Sidney High School has a variety of adult education classes each year.
Media
The city has two community newspapers, The Sidney Herald and The Roundup.
Radio
* KEYZ AM 660
* KGCX FM 93.1
* KTHC FM 95.1
* KYYZ FM 96.1
* KDSR FM 101.1
Infrastructure
The eastern end of Montana Highway 16 joins Highway 200 in Sidney.
The town is served by Sidney-Richland Municipal Airport, located one mile (1.6 km) west of the central business district. It has scheduled passenger commuter airline flights through Cape Air.
2010 census
As of the census of 2010, there were 5,191 people, 2,304 households, and 1,378 families living in the city. The population density was 1951.5 PD/sqmi. There were 2,467 housing units at an average density of 927.4 /sqmi. The racial makeup of the city was 94.9% White, 0.1% African American, 1.8% Native American, 0.4% Asian, 0.7% from other races, and 2.2% from two or more races. Hispanic or Latino of any race were 3.4% of the population.
There were 2,304 households, of which 28.5% had children under the age of 18 living with them, 46.0% were married couples living together, 8.6% had a female householder with no husband present, 5.2% had a male householder with no wife present, and 40.2% were non-families. 33.7% of all households were made up of individuals, and 12.9% had someone living alone who was 65 years of age or older. The average household size was 2.24 and the average family size was 2.85.
The median age in the city was 39.3 years. 23.3% of residents were under the age of 18; 8.2% were between the ages of 18 and 24; 24.7% were from 25 to 44; 29% were from 45 to 64; and 14.8% were 65 years of age or older. The gender makeup of the city was 50.6% male and 49.4% female.
2000 census
As of the census of 2000, there were 4,774 people, 2,006 households, and 1,271 families living in the city. The population density was 2,125.3 PD/sqmi. There were 2,393 housing units at an average density of 1,065.3 /sqmi. The racial makeup of the city was 95.81% White, 0.10% African American, 1.89% Native American, 0.31% Asian, 1.01% from other races, and 0.88% from two or more races. Hispanic or Latino of any race were 2.43% of the population.
There were 2,006 households, out of which 31.8% had children under the age of 18 living with them, 49.8% were married couples living together, 9.9% had a female householder with no husband present, and 36.6% were non-families. 33.0% of all households were made up of individuals, and 15.3% had someone living alone who was 65 years of age or older. The average household size was 2.33 and the average family size was 2.98.
In the city, the population was spread out, with 26.7% under the age of 18, 7.1% from 18 to 24, 26.6% from 25 to 44, 21.8% from 45 to 64, and 18.0% who were 65 years of age or older. The median age was 39 years. For every 100 females there were 92.3 males. For every 100 females age 18 and over, there were 85.8 males.
The median income for a household in the city was $32,109, and the median income for a family was $38,992. Males had a median income of $30,347 versus $18,517 for females. The per capita income for the city was $16,911. About 8.5% of families and 12.7% of the population were below the poverty line, including 17.1% of those under age 18 and 8.7% of those age 65 or over.
Notable people
* Clyde Lamb — gag cartoonist and syndicated comic strip artist, born in Sidney
* Roger A. Markle — director of the U.S. Bureau of Mines and executive of Quaker State and NERCO, born in Sidney
* Donald Nutter — former Governor of Montana (1961–62), grew up in Sidney
* Barry Petersen — Emmy Award-winning CBS News correspondent, graduated from Sidney High School in 1966
* Chuck Stevenson — race car driver, born in Sidney | WIKI |
lymph
What Is Hormonal Therapy for Breast Cancer?
A large percentage of breast cancers are referred to as being hormone receptor positive. A hormone receptor positive tumor means that the breast cancer cells have a receptor inside of them that responds to estrogen or progesterone. So, just like an appliance needs electricity to run, so do these tumors need estrogen or progesterone to grow.
For such tumors thought to be hormone receptor positive, it is known that estrogen in a patient’s blood may cause hidden cancer cells in other parts of the body to grow.
Hormonal therapy is administered by giving a patient oral medications for at least five years that either interfere with estrogen’s ability to stimulate breast cancer cells to grow, or that decrease estrogen production, which in turn helps keep the cancer cells from growing.
A number of hormonal agents/anti-estrogen medications are available and a patient’s medical oncologist is trained to decide what medication is most appropriate and safe for a given patient. Many times, though not always, hormonal therapy and chemotherapy may be recommended to the same patient.
Updated December 29, 2017
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Page:United States Statutes at Large Volume 76.djvu/94
46
PUBLIC LAW 87-423-MAR. 22, 1962
[76 STAT.
Public Law 87-423 March 22, 1962 [H. R. 5143]
D. c. Murder in f i r s t and s e c o n d degrees. Punishment. D. C. Code 222404.
AN ACT To amend section <S01 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 801 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (31 Stat. 1189, 1321), is amended to read as follows: "SEC. 801. PUNISHMENT.—The punishment of murder in the first degree shall be death by electrocution unless the jury by unanimous vote recommends life imprisonment; or if the jury, having determined by unanimous vote the guilt of the defendant as charged, is unable to agree as to punishment it shall inform the court and the court shall thereupon have jurisdiction to impose and shall impose either a sentence of death by electrocution or life imprisonment. "Notwithstanding any other provision of law, a person convicted of first degree murder and upon whom a sentence of life imprisonment is imposed shall be eligible for parole only after the expiration of twenty years frbm the date he commences to serve his sentence. "Whoever is guilty of murder in the second degree shall be imprisoned for life or not less than twenty years. "Cases tried prior to the effective date of this Act and which are before the court for the purpose of sentence or resentence shall be governed by the provisions of law in effect prior to the effective date of this Act: Provided, That the judge may, in his sole discretion, consider circumstances in mitigation and in aggravation and make a determination as to whether the case in his opinion justifies a sentence of life imprisonment, in which event he shall sentence the defendant to life imprisonment. Such a sentence of life imprisonment shall be in accordance with the^provisons of this Act. " I n any case tried under this Act as amended where the penalty prescribed by law upon conviction of the defendant is death except m cases otherwise provided, the jury returning a verdict of guilty may by unanimous vote fix the punishment at life imprisonment; and thereupon the court shall sentence him accordingly; but if the jury shall not thus prescribe the punishment the court shall sentence the defendant to suffer death by electrocution unless the jury by its verdict indicates that it is unable to agree upon the punishment, in which case the court shall sentence the defendant to death or life imprisonment." Approved March 22, 1962.
Public Law 87-424 March 30, 1962 [H. R. 5968]
D. C. Unemployment Compensation Act, amendment. 57 Stat. 101.
AN ACT To amend the District of Columbia Unemployment amended.
Compensation
Act, as
Be- it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (b)(5)(G) of the first section of the District of Columbia Unemployment Compensation Act (D.C. Code, sec. 46-301 (b)(5)(G)) is amended by striking out "religious, charitable, scientific, literary, or educational purposes," and inserting in lieu thereof "religious, or charitable purposes,".
� | WIKI |
1
So, In SQL, We have the following query to find the system data type ID of columns in SQL Server;
select name, system_type_id from sys.columns where object_id = OBJECT_ID(N'sometable')
It gives the following output;
name system_type_id
rowid 56
Client 167
IsCurrent 104
The system_type_id represents the int value of data type of that column.
Whereas, when I tried to convert (find an equivalent) in MySQL, I couldn't find the ID of column's data type. The following is the query I have managed to find so far;
SELECT column_name,data_type FROM INFORMATION_SCHEMA.COLUMNS
WHERE TABLE_SCHEMA = 'someSchema' AND TABLE_NAME = 'someTable';
It gives the following output.
# column_name, data_type
'rowid', 'int'
'Client', 'varchar'
'IsCurrent', 'tinyint'
Any suggestions how I can achieve the earlier output in MySQL ?
• 1
Aren't the int, varchar, tinyint good for you? Why do you need some numbers instead? – ypercubeᵀᴹ May 8 '15 at 15:45
• @ypercube I actually have to incorporate this query into a .net application and currently I am using numbers. I will change the code once people here tell me that's impossible. – Name changed to mask identity May 8 '15 at 15:46
• 1
I don't think that mysql exposes any internal numbers/codes to information schema. – ypercubeᵀᴹ May 8 '15 at 15:50
• Such is the cost of porting from one brand of RDBMS to another. – Rick James May 8 '15 at 20:03
1
I discussed How is INFORMATION_SCHEMA implemented in MySQL? about 4 years ago.
SQL and PostgreSQL have ObjectID enumeration (oid) of object types. MySQL made the INFORMATION_SCHEMA database a more simplified representation of table, column, and index metadata. The metadata tables are temporary MEMORY tables with no indexes.
Last year in Adding new tables -- memory usage increases I discussed what happens to memory with the INFORMATION_SCHEMA does when you increase the number of tables.
Believe me, adding an oid for data types to the MySQL INFORMATION_SCHEMA would just bloat the INFORMATION_SCHEMA. In this particular instance, I greatly appreciate MySQL not having oid values exposed.
If you really want to learn about how mysql represents data types under the hood I refer you to pages 48-53 of "Understanding MySQL Internals" (ISBN 0-596-00957-7).
MySQL Internals
Those pages refer to sql/table.h and sql/field.h in the source code. You can download the source code and look it over. Then, judge for yourself how and why oid is not included.
SUGGESTION
Create your own. For example, to make oids for columns do this
DROP DATABASE IF EXISTS my_metadata;
CREATE DATABASE my_metadata;
USE metadata
CREATE TABLE objects ENGINE=MEMORY
SELECT data_type FROM information_schema.columns WHERE 1=2;
ALTER TABLE objects ADD COLUMN oid INT NOT NULL AUTO_INCREMENT PRIMARY KEY;
ALTER TABLE objects ADD UNIQUE INDEX (data_type);
INSERT INTO objects (data_type)
SELECT DISTINCT data_type FROM information_schema.columns;
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Not the answer you're looking for? Browse other questions tagged or ask your own question. | ESSENTIALAI-STEM |
Taddeo di Bartolo
Taddeo di Bartolo (c. 1363 – 26 August 1422), also known as Taddeo Bartoli, was an Italian painter of the Sienese School during the early Renaissance. His biography appears in the Vite of Giorgio Vasari, who claims that Taddeo was the uncle of Domenico di Bartolo.
Biography
Taddeo di Bartolo was born in Siena. The exact year of his birth is unknown, but possibly about 1363-65. He was the son of a certain Bartolo di Maestro Mino, a barber, and not of the painter Bartolo di Fredi, as Vasari believed, and therefore Taddeo was not the brother of Andrea di Bartolo. Around 1389 Taddeo was admitted to the Sienese Guild of artists, where he mastered the art of painting among his Sienese colleagues. In 1389 he traveled to Collegarli, to the San Miniato al Tedesco hills, and to Pisa. One of his earliest documented works is the painting of The Virgin and Child Enthroned, signed and dated in 1390, executed in the church of San Paolo in Pisa. In 1393, he traveled to San Gimignano, where he executed the altarpiece of the Virgin and Child and Saints (1395) for the Sardi and Campigli Chapel in the church of San Francesco. This latter work illustrates Taddeo's earlier style. The thin, elegant figures, and flowing lines of the drapery patterns reflect influence from his Sienese predecessors, such as Simone Martini and Ambrogio Lorenzetti.
From 1400-01, Taddeo worked at the Palazzo Pubblico of Siena, where he executed twelve small panels, of which only nine survive today; they are displayed at the Opera of the Duomo in Siena. These panels display Taddeo's craftsmanship in smaller scale work, a skill seen also in many of his Trecento contemporaries. Around 1401, Taddeo painted in Duomo di Santa Maria Assunta in Montepulciano the celebrated altarpiece, The Assumption of the Virgin and scenes from The Passion of Christ. This piece was intended for religious and devotional functions. Taddeo worked to accommodate the established conventions of altarpiece painting, while simultaneously stylizing the pieces to fit their respective site. In 1403, Taddeo produced two works in Perugia, now on display in the public gallery there: the Virgin and Child with two Angels and St Bernard and the Descent of the Holy Spirit. These two works exemplify Taddeo's superior talents, exhibiting delicate coloring and vast human expression, even though at later periods they have been painted over.
In 1406, Taddeo was commissioned to repaint the interior the chapel of the Palazzo Pubblico of Siena, which involved destroying all the existing paintings. Many of his new paintings represent the Life of the Madonna, including the Death of the Virgin in which Jesus descends, takes her hand, and receives her in the form of an infant.
Taddeo di Bartolo died in Siena in 1422, aged about 60.
Works
Much of his early work was in Pisa, where he was responsible for the frescoes of Paradise and Hell in the Cathedral, and for paintings in the Palazzo Pubblico and the church of San Francesco.
At the Collegiata di San Gimignano, Taddeo painted a fresco depicting The Last Judgment. The Museo Civico of San Gimignano, displays a painting by Taddeo depicting Saint Gimignano holding the town in his lap (c. 1391). A triptych of the Virgin and Child with St John the Baptist and St Andrew, painted around 1395, is on display at the Szépművészeti Museum of Fine Arts in Budapest. A massive triptych, Assumption of the Virgin, painted in 1401, is displayed in the 16th-century Duomo of Santa Maria dell'Assunta at Montepulciano.
Taddeo's Madonna with Child, Four Angels and Saint John the Baptist and Saint Andrew may be seen in the Oratory of the Company of Saint Catherine of the Night at Santa Maria della Scala, Siena. He also painted allegories and figures from Roman history (1413–14), and the Funeral of the Virgin (1409) at the Palazzo Pubblico in Siena. His St Elizabeth of Hungary is on display in the Perkins Collection of the Basilica of St Francis in Assisi.
Other works and current locations
* Madonna and Child (c. 1400), painted with tempera and oil on a panel, in the Wadsworth Atheneum
* Madonna and Child in the Museum of Fine Arts in San Francisco
* Madonna and Child in the Musée du Petit Palais in Avignon, France
* "Madonna and Child" in the Ball State University Museum of Art in Muncie, Indiana
* Saint Germinianus in the Raclin Murphy Museum of Art in Notre Dame, Indiana
* Annunciation in the Bergen Art Museum in Bergen, Norway
* Annunciation (1401) in the campus chapel of Australian Catholic University in Melbourne
* Christ Meeting Mother on Way to Calvary in the Worcester Art Museum in Massachusetts
* Madonna and Child With Angels in the Fogg Art Museum in Cambridge, Massachusetts
* Madonna and Child and Saints in the Palazzo Blu in Pisa
* "The Crucifixion" in the Art Institute of Chicago | WIKI |
Legal Precedents
Wordplay I do love a punny debut, and today we solve The New York Times debut puzzle of David Alfred Bywaters, who has a name that is more reminiscent of a Victorian novelist than a crossword constructor in 2016. Mr. Bywaters has taken four fairly common phrases that each contain a word used in the law and reclued them to be punny. Of these, my favorites were THREE PIECE SUITS, clued as “Legal actions provoked by oversimple jigsaw puzzles?” and BOXER BRIEFS, clued as “Law documents concerning pugilists?”It would have been really elegant if all of the theme entries had something to do with an item of clothing, but based on the constriction that all of the phrases had to have a word used in law, I’m not sure if that would have been possible. But it’s a funny theme and good for a Tuesday puzzle. ■ 69A: #TodayILearned that SONY used to be named Tokyo Tsushin Kogyo. Try fitting that on a SONY PSP. ■ 6D: I actually laughed out loud at this one. No one wants to hear “RAID!” when they open their front door. ■ 26D: I find it hard to believe, but the phrase GO FETCH makes its New York Times Crossword debut today. ■ 30D: Know your shore birds! ERNS come up a lot in crosswords. ■ 56D: I hope you didn’t sleep through your high school language classes, because here’s an SAT flashback for you. Ser is to Spanish as ETRE is to French, and they both mean “to be.” I’m delighted to have a puzzle in The New York Times. I’ve enjoyed comparing my submitted version with Will Shortz’s finished product. Of my 76 clues, 36 (47 percent) were changed, almost always, I confess, for the better. I’ve tried to assign a reason for each change, failing only in one case (“per unit” for “apiece”). Ten clues were made less obscure. Eight were improved in style (“prefix,” for example, became “lead-in,” and “retailer,” “seller”). Four were made less stupid — that is, some attempt at cleverness on my part was tactfully removed. Three were made more accurate (apparently the coati’s range is not restricted to South America). One was better spelled (there’s no “e” in “chocolaty”). And nine were made more interesting, of which my favorite is 6 Down: RAID for “Unwelcome cry at the front door.” I wish I’d thought of that. | NEWS-MULTISOURCE |
How can I change directories in Lurtis? I would like to allow Lurtis to install the game on an external drive
How can I change directories in Lurtis? I would like to allow Lurtis to install the game on an external drive.
I’ve been working on this through Lutris and Bottles, but I can’t get it to the right place.
need help
I have Arch on one SSD and a 250gb free for gaming on the other one.
but I don’t know how to make Lutris install game on the empty SDD
1 Like
There are two ways to do that. In global settings you can change the default install location for games, and it can also be overridden per game.
Same as last time, create a directory on your mounted drive, chown it to your user and group and use that path in global settings.
Go to the “hamburger” menu at the top right of the Lutris program for the program’s global (default) settings.
1 Like
@Grogan
Hay bud, check this out, I can't get permission on my NVMe.2
but I can install the game on my normal 3tb HDD
That sucks I bought the nv.2, so I take advantage of the speed
so this is the problem
1 the auto mount and permission
How are you mounting it? Mount it in fstab like a normal hard disk, create a directory on it, take ownership of that directory and use the path to it in Lutris.
I don’t know your device node (find out from dmesg for example)… mine is /dev/nvme0n1p1 because I have namespaces enabled enabled in the kernel for the driver (I don’t know what distributors do with that).
In /etc/fstab, something like:
/dev/nvme0n1p1 /storage3 ext4 defaults 0 2
That’s device node (of the partition, not the device itself), mount point, filesystem type, options, dump parameter, check parameter. 1 and 2 are generally the defaults for a non rootfs mount (1 and 1 for that). I (and most distros these days) use 0 for the dump parameter, because the dump utility is not used much anymore.
mkdir /storage3/whatever
chown -R yourusername:yourgroupname whatever
The path to install games in Lutris settings would then be /storage3/whatever in this example.
It should be no different than using any other drive.
1 Like
here is my fstab
here is the nvme and mount point
@Grogan
yo whats up
so i found the line in fstab mine reads like this
/dev/nvme1n1p2 /mnt/nvme1n1p2 ext4 defaults,noatime,x-gvfs-show 0 1
what should i change ?
thanks man
You shouldn’t have to change that, that should be fine (as long as that’s the right nvme partition device). That’s your second partition on your second NVME drive.
Though… you could change that mount point to a more friendly name. /mnt/games or whatever you want.
Anyway, as is.
mkdir /mnt/nvme1n1p2/yourdirectoryname
chown -R youruser:yourgroup /mnt/nvme1n1p2/yourdirectoryname
1 Like
On second thought, take x-gvfs-show out of the mount options. That does more than just “show” the gvfs heirarchy, it’s what causes that to get automounted with the udisks2 volume monitor in /run/media/yourusername. I see that’s what’s happening in one of your other screenshots there. Take control of your drive, that smoke-and-mirrors crap is good for trouble.
Anyway, make your fstab line something like:
/dev/nvme1n1p2 /mnt/nvme1n1p2 ext4 noatime 0 1
By the way, it doesn’t matter how many spaces you have between parameters, as long as there’s one. Distros usually like to pretty it up in columns, but it doesn’t matter. Also, as soon as you specify one mount option, it’s no longer “defaults” (that’s another silly thing distributors do… it’s defaults unless you override them. If I were not having any mount options, I’d put defaults there, but I’m always using at least noatime. Multiple mount options are comma delimited as shown in your original line.
1 Like
One more item of backround info that should be covered here.
The directory you are connecting a mount point to has to exist. For example, there needs to be a directory under /mnt named nvme1n1p2 for that to work.
Mount points are just normal, empty* directories, with normal permissions, owned by root
• if not empty, you will lose access to any files in it while something is mounted there.
You don’t have to use /mnt, for example if you were to create a directory named games off your root filesystem, you could use that in fstab as the mount point. Su to root or preface the command with sudo
mkdir /games
Then, the fstab line could become:
/dev/nvme1n1p2 /games ext4 noatime 0 1
Just make sure you have a directory on the volume owned by your user (if you already created and chowned it, it will still be there on the drive and you’ll just use /games/yourdirectoryname for installing games etc.
1 Like | ESSENTIALAI-STEM |
The current CoVid-19 pandemic has brought many comparisons to the influenza pandemic of 1918. A Wisconsin Magazine of History article from 2000 posted on WisCONTEXT (search 1918 at https://www.wiscontext.org) recounts the history of that time in Wisconsin.
Wisconsin was in a good position to ward off the effects of the 1918 influenza. As in other areas, such as the Wisconsin Historical Society which was founded in 1846, Wisconsin was a leading state in public health. The legislature created the State Board of Health on March 31, 1876. In 1883 the state required that every town, city, and village establish a local board of health. While not all had the expertise and experience needed, when the flu struck there were 1,685 local agents who could be a liaison with the state.
The so-called Spanish influenza began ravaging the world after a mild form that started in a military camp in Kansas followed the men sent to Europe and developed into a deadlier and more virulent strain. It became known as the Spanish flu since Spain was neutral in the war and so was not censoring news of the pandemic.
The new strain was far more contagious, had a faster onset, and worse complications. Some seemingly healthy people suddenly collapsed from the flu; some died in hours. In addition, 20% of those infected, often who resumed activities too soon, developed pneumonia. Half of those progressed to heliotrope cyanosis which filled the lungs with a black liquid often killing within 48 hours. This flu was also different in that the hardest hit demographic was adults age 25-40, rather than the young and old.
Wisconsin residents had been watching the progress of the disease as it swept through the military and in states to the east and south. By the end of September more than 1000 had died in Boston. In early October hundreds of thousands in Philadelphia were sick or dying. The incursion into Wisconsin seems to stem from two sailors from the Great Lakes Naval Station near Chicago who became ill while visiting Milwaukee in late September. Within 10 days close to 300 cases were reported. Madison had its first cases in early October with its first death on October 9.
Even before the pandemic hit full force, the State Health Officer, Dr. Cornelius Harper, called for a statewide educational campaign. This included pamphlets urging those who were sick to stay home and for the public to avoid large gatherings such as theaters and mass meetings, and to not have public viewings for flu related deaths.
On October 10, 1918, the situation had deteriorated to the point that Dr. Harper issued an order to all boards of health “to immediately close all schools, theaters, moving picture houses, other places of amusement and public gatherings for an indefinite period of time.” Although the US Surgeon General recommended that possibility, Wisconsin was the only state to follow it statewide and so comprehensively. However, because of the wording, not all communities realized it was meant to be mandatory.
The Oconto Falls Farmer-Herald reported that the local board of health felt that closings were not necessary at that time since the flu was not present and there were only a couple of cases of scarlet fever and whooping cough. It wasn’t long, though, before Oconto County realized the flu would affect them as well. In the following weeks several articles in the paper showed the extent of what was happening. General businesses seemed to not be affected by closures.
October 25: churches, schools, and theaters remain closed another week from scarlet fever
November 1: fewer cases were seen in the last week but more in the present week, so quarantine is extended
November 8: schools will remain closed, but gatherings are not affected
November 15: the quarantine is continued due to flu & scarlet fever
November 22: school to open November 25 after 5 weeks of being closed
November 28: City of Oconto order closing all schools, libraries, theaters, dance halls, and public gatherings, and restricting other activities
no lingering, loitering, card playing, pool or billiard playing in saloons, pool halls, or cigar stores
churches could meet but no singing, hand-shaking, or public funerals
December 23: Farnsworth Library reopened after 25 days of quarantine
December 13: Town of Morgan quarantine
The news from various communities in the county was peppered with people sick, recovering, or dying. In total 81 deaths from Spanish influenza became the official count. It’s hard to say, however, whether all cases could accurately be counted. Some may have been reported as due to pneumonia rather than the flu. The time period included was another factor. One death was reported in 1920. There were also some in the military who died while in service.
Concerns then were similar to those now, including the effects of closures and those taking care of the sick.
“This quarantine is possibly working some hardships, but it is not nearly so discomforting as would be deaths resulting from the epidemic…”
“Talk about heroes. There is no one more of a hero than nurses and attendants in the hospitals, where they hug right up to the sick and work their level best to save lives, and at the same time take great risk to losing their own life.”
In 2000 Milwaukee station WISN had a news highlight about UW Oshkosh students studying the 1918 pandemic. Helen Jelinske, formerly from Couillardville, was interviewed on her experience.
“Within two days you could have gotten the disease from someone else and died and you wouldn’t have had any notion of how sick you were even. It was that frightening.” 91-year-old Helen Jelinske of Waukesha remembers it like it was yesterday. “It felt as though everything inside of you was sort of exploding like there was so much internal pressure.” Helen was just eight years old when the flu came to her home in rural Oconto County on Christmas Eve 1918. “We were all sick but my mother was the sickest of all. We thought my mother was going to die that night.” Her mother pulled through but the family felt helpless. “You didn’t have one single thing you could do for yourself. We had no medicine we could take. We had no knowledge of how we could deal with this terrible sickness.” | FINEWEB-EDU |
Page:Bat Wing 1921.djvu/220
212 toward him a piece of newspaper upon which rested a dwindling mound of shag. “This is most disturbing, of course. But since I have not rendered myself amenable to the law, it leaves me moderately unmoved. Upon your second point, Mr. Harley, I shall beg you, to enlarge. You tell me that Don Juan Menendez is dead?”
He had begun to fill his corn-cob as he spoke the words, but from where I sat I could just see his face, so that although his voice was well controlled, the gleam in his eyes was unmistakable.
“He was shot through the head shortly after midnight.”
“What?”
Colin Camber dropped the corn-cob and stood up again, the light of a dawning comprehension in his eyes.
“Do you mean that he was murdered?”
“I do.”
“Good God,” whispered Camber, “at last I understand.”
“That is why we are here, Mr. Camber, and that is why the police will be here at any moment.”
Colin Camber stood erect, one hand resting upon the desk.
“So this was the meaning of the shot which we heard in the night,” he said, slowly.
Crossing the room, he closed and locked the study door, then, returning, he sat down once more, entirely master of himself. Frowning slightly he looked from Harley in my direction, and then back again at Harley.
“Gentlemen,” he resumed, “I appreciate the urgency of my danger. Preposterous though I know it to be, nevertheless it is perhaps no more than natural that suspicion should fall upon me.” | WIKI |
Project
Study of the anti-viral function against influenza proteins of Mx
Duration
01 January 2014 → 31 December 2017
Funding
Regional and community funding: IWT/VLAIO
Research disciplines
• Medical and health sciences
• Infectious diseases
• Virology
Keywords
Mx proteins Influenza
Project description
Influenza or the flu, which is caused by infection with an influenza virus, is characterized by symptoms such as fever, cough, headache, muscle and joint pain, severe malaise, a sore throat and a runny nose. Most people recover within one week after onset of symptoms.
However, influenza viruses cause three to five million severe cases of illness and approximately 250 000 to 500 000 fatalities worldwide every year, particularly in children,
elderly and people with underlying malignancies or other infections1. Influenza virus is easily transmitted by both direct contact and through the air. The latter is particularly of
importance in crowded areas, as sneezing or coughing produces small virus-containing droplets which spread easily to nearby persons who breathe in these droplets. In the
respiratory tract, influenza viruses infect airway epithelial cells. After entry in these cells, the viral genetic material, in the form of viral ribonucleoproteins (vRNPs), is released into
the cytoplasm and subsequently enters the nucleus. In the nucleus, transcription and replication occurs. The former leads to production of viral mRNA, which is transported to
the cytosol for translation into viral proteins. Some of these newly produced proteins shuttle back to the nucleus where they initiate the replication of the viral genome. The
newly produced viral RNA molecules form new vRNPs which leave the nucleus and associate with structural viral proteins to form new virus particles. After budding, released
viruses can infect neighboring cells and the cycle starts over again2.
More than 50 years ago Lindenmann et al. discovered a gene which conferred resistance against influenza A virus (FLUAV) infection in mice, and which is now known as Mx13-5. The
term Mx signifies myxovirus-resistance, because mice that can express a functional form of this protein are resistant to infection with influenza A virus and other myxoviruses4,5. Quite
some years later, a human ortholog of murine Mx1 was isolated and named MxA6. Hitherto, several Mx orthologs have been described in practically all vertebrates, and they confer
resistance against a whole array of viruses such as Orthomyxoviridae, Rhabdoviridae, and Bunyaviridae (reviewed by Verhelst et al.7). The exact mechanism by which murine Mx1 exerts viral inhibition is largely unknown. Our lab has contributed to the elucidation of the influenza-specific antiviral mechanism by showing that Mx1 interacts with the
nucleoprotein (NP) and polymerase basic 2 (PB2) protein of influenza A viruses and, that in the presence of mouse Mx1 the interaction between the NP and PB2 molecules is
abolished8. We also found evidence that Mx1 might actively disrupt existing influenza A vRNPs9. Being a type I interferon-inducible protein, Mx1 is thought to primarily exert an
innate antiviral effect by reducing FLUAV early after infection, and preventing viral spread through the airways. It is not known whether Mx1 could also fulfill a role in the antiviral
immune cell compartment after a FLUAV infection. The induction by type I IFNs of an antiviral state in antigen presenting cells and in memory T cells has been reported to
directly affect the immune response against a primary and secondary influenza virus infection, respectively10,11. In addition, human DCs rapidly upregulate MxA and thus, at least
in vitro, become resistant to the virus and can sustain antigen presentation12. Most in vivo studies which examine the FLUAV-induced immune response are performed using mouse
strains which do not possess a functional Mx1 locus13. Based on such models, it has been reported that certain immune cell types, i.e. CD103+ dendritic cells and lung resident
memory CD8+ T cells, are protected against FLUAV infection due to an interferon-induced antiviral state10,11. This was the reason for us to hypothesize that Mx1 could also play a role
in the formation of this antiviral state.
To address this question, we set up an infection model wherein we made use of bone marrow chimeric mice. Since most immune cell types have a hematopoietic origin, bone
marrow transfer from mice with a functional Mx1 locus (B6.A2G Mx1+/+) to mice without a functional Mx1 locus (B6.A2G Mx1-/- ), and vice versa, allowed us to study the possible
function of Mx1 in bone marrow-derived cell types. The bone marrow chimeric mice were infected with a high dose of FLUAV. Multiple parameters were examined (body weight, lung
viral titers, viral mRNA and protein levels), and it was apparent that Mx1 expression in bone marrow-derived cell types was not the main factor determining resistance against
FLUAV infection. The driving force in resistance against FLUAV infection was whether or not Mx1 is expressed in stromal cells. This difference between Mx1-/- and Mx1+/+ recipient mice was also noticeable in the evolution of the levels of eosinophils, monocyte-derived
dendritic cells, and alveolar macrophages in the lung.
Results obtained with the FLUAV infection model were not conclusive to address the hypothesis that Mx1 could play a role in bone marrow-derived cell types after viral
infection. Therefore, we tried a second Orthomyxovirus infection model. Thogoto virus (THOV) is a tick-borne virus which, like FLUAV, belongs to the family of Orthomyxoviruses.
Importantly, small rodents are natural hosts for this virus, and THOV is also sensitive to inhibition by Mx114,15. Bone marrow chimeric mice were infected with a high dose of THOV.
Again, multiple parameters were examined (body weight, liver viral titers, viral protein levels, liver pathology). Like in the FLUAV infection model, the main determinant for
resistance against infection is Mx1 expression in the stromal cells. However, irradiated Mx1- /- recipient mice that had received Mx1+/+ bone marrow cells, displayed reduced morbidity from the THOV infection compared with Mx1-/- recipients which received Mx1-/- bone marrow cells as evidenced by the reduced weight loss and liver pathology which was observed for this group of mice. This observation suggests that Mx1 can play an important role in immune cell types after viral infection, although the importance of this role is largely dependent on the infecting virus.
We also addressed the possible contribution of Mx1 in context of a vectored influenza A NP vaccine antigen. Recently, Altenburg et al. examined whether recombinant modified
vaccinia Ankara (rMVA) vaccines which expressed mutated forms of NP would elicit a stronger antigen-specific immune response than rMVA vaccines expressing the wild type
(WT) form of NP (rMVA NPwt). The introduced mutations were intended to enhance cytosolic retention or degradation of the NP molecules. For this, they either mutated the
nuclear localization signal (NLS) (rMVA-NPmut), deleted the NLS (rMVA-NPΔNLS) or fused ubiquitin to NP (rMVA-UbqNP). In vitro, these mutated NP constructs outperformed rMVANPwt in activating NP-specific T cells. However, immunization of C57BL/6 mice with the mutant rMVA-NP constructs did not result in significantly higher NP-specific CD8+ T cell
responses or protection against influenza A virus challenge than the rMVA-NPwt construct16. We reasoned that this might be because the required threshold of processed NP
antigen for a robust CD8+ T cell response may be readily reached by the WT NP and thus difficult to improve further by NP variant constructs. Therefore, we speculated that mice
which do express a functional Mx1 protein, as opposed to C57BL/6 mice, would be a better suited model to test these different rMVA-NP constructs. Mx1, which has been shown to
interact with NP8, could be the additional restriction factor needed to demonstrate the advantage of these mutated NP constructs.
We vaccinated B6.A2G Mx1-/- and B6.A2G Mx1+/+ mice with the different rMVA-NP constructs. One week after the second immunization the NP-specific CD8+ T cell response
was examined by intracellular cytokine staining (ICS) and enzyme-linked immunospot (ELISPOT) assay using blood and spleen. Both ICS and ELISPOT data showed no significant
differences between the mutated and the WT NP constructs in B6.A2G Mx1+/+ mice.
However, ELISPOT data showed a trend that rMVA-NPmut and rMVA-NPΔNLS constructs elicit a stronger CD8+ T cell response than the rMVA-NPwt construct. To further
substantiate the theory that Mx1 might act as a determinant for the induction of NP-specific cellular responses, additional experiments will have to be performed.
The results obtained with the THOV infection model show clearly that Mx1 plays a role of significance in immune cells upon viral infection. Consequently, we could draw two major
conclusions from this thesis. First, when studying an infection model it is imperative to use a well suited combination of host and virus. Since THOV is a natural pathogen of small
rodents, it is ideal to use in a mouse model. Second, additional to the choice of a suitable host-virus combination, we can also conclude that the tropism of the chosen virus is of great importance. When investigating the antiviral role of a protein in a certain cell type, it is essential that the chosen virus infects this cell type. THOV infects myeloid CD11b+ cells17, and was consequently very well suited for our experiments. | ESSENTIALAI-STEM |
UK factory growth slows, price pressures rocket again: Markit PMI
LONDON (Reuters) - British manufacturing growth cooled last month as cost pressures lurched higher, according to a survey that could put the Bank of England a step closer to raising interest rates, despite a murky outlook ahead of Brexit. Monday’s IHS Markit/CIPS UK Manufacturing Purchasing Managers’ Index (PMI) fell to 55.9 from a downwardly revised 56.7 in August, undershooting the consensus of 56.4 in a Reuters poll of economists. By contrast, euro zone factories had their best month since early 2011. While the PMI survey signaled solid expansion at British factories, helped by robust exports, softer growth in new orders and a slowdown among producers of investment goods raised concern about the months ahead. Britain’s economy initially withstood the shock of the June 2016 vote to leave the European Union. But growth began to slow sharply this year as inflation rose following the pound’s post-Brexit vote plunge, hitting households. Against that background, the BoE surprised investors last month when its officials said they were likely to raise interest rates soon, citing a reduced tolerance for above-target inflation. Analysts said Monday’s survey - which showed a resurgence of price pressures - would do little to alter this judgment. “While the weaker economic backdrop is unlikely to deter the Bank from hiking in November, it does mean that the chances of a series of rate hikes after that are low,” said James Smith, economist at ING. Costs paid by factories for goods shot up at the fastest pace since March, the PMI showed, spurred in part by an increase in commodity prices and capacity constraints in the supply chain. “Emerging problems in the supply chain, signaled by lengthening lead times, are likely related to the subdued investment performance of the past few quarters,” said Lee Hopley, economist at manufacturing association EEF. IHS Markit, which compiles the survey, said this would probably exert further upward pressure on prices, dent profitability and potentially disrupt production schedules in coming months - boosting the case for higher rates. The PMI’s gauge of British manufacturing export orders slowed for a second month. While still much stronger than its historical average, it lagged the euro zone’s by some distance. A majority of economists polled by Reuters last week expect the BoE will raise interest rates in November, although most also thought it would be a mistake to hike now. Official economic growth figures published last week showed manufacturing output contracted 0.3 percent in the second quarter compared with the first quarter. PMIs for the construction industry and all-important service sector are due to be published on Tuesday and Wednesday. Editing by Janet Lawrence | NEWS-MULTISOURCE |
THE HOME INDEMNITY COMPANY, a New Hampshire corporation; Wausau Business Insurance Company; Wausau Underwriters Insurance Company; and Employers Insurance of Wausau, a Mutual Company, Wisconsin corporations; and California Insurance Company, a California corporation, Plaintiffs, v. STIMSON LUMBER COMPANY, an Oregon corporation; National Surety Corporation, an Illinois corporation; Northwestern Pacific Indemnity Company, an Oregon corporation; American Home Assurance Company, a New York corporation; the Insurance Company of the State of Pennsylvania, a Pennsylvania corporation; and National Union Fire Insurance Company of Pittsburgh, a Pennsylvania corporation, Defendants.
No. CIV.01-514-HU.
United States District Court, D. Oregon.
Dec. 19, 2001.
Dianne K. Dailey, Beth Skillern, Sheila Potter, Bullivant Houser Bailey, P.C., Portland, OR, for Plaintiffs The Home Indemnity Company and California Insurance Company.
Jan K. Kitchel, Becky Johnson, Schwabe, Williamson & Wyatt, P.C., Portland, OR, for Plaintiffs Wausau Business Insurance Company, Wausau Underwriters Insurance Company, and Employers Insurance of Wausau.
Edwin C. Perry, Tonkon Torp LLP, Portland, OR, James A. Riddle, Thelen Reid & Priest LLP, San Francisco, CA, for Defendant Stimson Lumber Company.
William G. Earle, Alan Gladstone, Abbott, Davis, Rothwell, Mullin & Earle, P.C., Portland, OR, Paul A. Tenner, Caron, Constants' & Wilson, Glendale, CA, for Defendant National Surety Corporation.
Curt H. Feig, Cozen O’Connor, Seattle, WA, for Defendant Northwestern Pacific Indemnity Company.
Michael A. Lehner, Lehner, Mitchell, Rodriguez & Sears, Portland, OR, for Defendant American National Fire Insurance Company.
Eric J. Neiman, Vivian Raits Solomon, Tooze Duden Creamer Frank & Hutchi-son, Portland, OR, Pamela M. Andrews, Stephen G. Skinner, Johnson Christie Andrews &' Skinner, P.S., Seattle, WA, for Defendants American Home Assurance Corporation, The Insurance Company' of the State of Pennsylvania, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania.
ORDER ADOPTING FINDINGS AND RECOMMENDATION'
HAGGERTY, District Judge.
Magistrate Judge Hubei issued his Findings and Recommendation on October 18, 2001, in the above entitled case. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When either party objects to any portion of a magistrate judge’s Findings and Recommendation, the district court must make a de novo determination of that portion .of the magistrate judge’s report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir.1981), cert. denied, 455 U.S. 920, 102 S.Ct. 1277, 71 L.Ed.2d 461 (1982).
Defendant Stimson has timely filed objections. I have, therefore, given de novo review of Magistrate Judge Hubei’s rulings.
I find no error. Accordingly, I ADOPT Magistrate Judge Hubei’s Findings and Recommendation filed on October 18, 2001, in its entirety.
IT IS SO ORDERED.
FINDINGS & RECOMMENDATION
HUBEL, United States Magistrate Judge.
Plaintiffs The Home Indemnity Company, Wausau Business Insurance Company, Wausau Underwriters Insurance Company, Employers Insurance of Wausau, and California Insurance Company, bring this action against Stimson Lumber Company and several other insurance companies. Plaintiffs issued contracts of primary liability insurance to Stimson. Defendants, other than Stimson (“the excess insurers”), issued contracts of excess liability insurance to Stimson.
Plaintiffs seek a declaration, pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, of plaintiffs’ obligations to Stimson in connection with Stimson’s claims for insurance coverage under the insurance contracts. Plaintiffs additionally seek a declaration of the excess insurers’ obligations to Stimson and to plaintiffs with regard to payment of any damages under contracts of insurance issued by plaintiffs or the excess insurers.
Stimson moves to transfer the action to the Northern District of California. Alternatively, Stimson moves to stay the action pending resolution of underlying litigation against Stimson. I recommend that the motion to transfer and the motion to stay be denied.
BACKGROUND
As pleaded in the First Amended Complaint, plaintiffs, the excess insurers, and other insurers, provided certain liability insurance to Stimson from 1980 to the present. Plaintiffs and the excess insurers, through their Oregon offices or using their Oregon insurance agents and brokers, negotiated with Stimson in Oregon for the issuance of various written contracts of liability insurance. These contracts were issued and performed in Oregon.
Stimson manufactures a reformulated exterior hardboard siding and other wood products, including the Forestex Series 400 and 500 hardboard siding products. Upon information and belief, plaintiffs contend that Stimson manufactured the For-estex siding (“the siding”), from 1986 until on or about June 1997, at its plant in Oregon. Stimson sold these products throughout the western United States.
Stimson notified plaintiffs and some or all of the excess insurers of various suits and claims against Stimson arising out of the use of the siding (“the siding claims”). Stimson maintains that the insurers are obligated to defend or indemnify Stimson in connection with the siding claims.
Stimson represents that presently, there are eighteen siding claims, all but one of which is pending in California. The other is pending in Washington and was recently certified as a class action.
Plaintiffs have investigated the siding claims and have agreed to defend Stimson as to certain of those claims, subject to a reservation of rights. Stimson contends that plaintiffs are obligated to defend or indemnify it more broadly than plaintiffs have agreed to do with respect to the siding claims. The excess insurers provided certain excess liability insurance to Stimson, and that excess liability insurance may be reached as a result of the payment of sums by or on behalf of Stimson in connection with the siding claims.
Based on these facts, plaintiffs bring two claims: (1) a declaratory judgment claim against Stimson in which plaintiffs seek to clarify the limits of their coverage of the siding claims; and (2) a declaratory judgment claim against the excess insurers seeking a declaration of the excess insurers’ obligations to Stimson regarding the payment of any sums by or on behalf of Stimson in connection with the siding claims, and seeking a declaration of the proper allocation among Stimson’s primary and excess insurers and between those insurers and Stimson, of liability for any sums for which Stimson may be obligated in connection with the siding claims.
DISCUSSION
I. Jurisdiction
Although no party has raised an issue regarding this Court’s jurisdiction to entertain these claims brought under the Declaratory Judgment Act, and I am not required to consider the question sua sponte, the better practice is to make an express determination as to jurisdiction. Government Employees Ins. Co. v. Dizol, 133 F.3d 1220, 1226-27 (9th Cir.1998) (en banc) (preferable practice is for district court to expressly consider whether a properly filed declaratory judgment action should be entertained and to record its reasons for doing so).
As explained in Dizol:
The Declaratory Judgment Act embraces both constitutional and prudential concerns. A lawsuit seeking federal declaratory relief must first present an actual case or controversy within. the meaning of Article III, section 2 of the United States Constitution.... It must also fulfill statutory jurisdictional prerequisites .... If the suit passes constitutional and statutory muster, the district court must also be satisfied that entertaining the action is appropriate. ■This determination-is discretionary, for the Declaratory Judgment Act is deliberately cast in terms of permissive, rather than mandatory, authority.
Id. at 1222-23 (citations, footnote, and internal quotation omitted). As to the first requirement, the Ninth Circuit, has “consistently held that a dispute between an insurer and its insureds over the duties imposed by an insurance contract satisfies Article Ill’s case and controversy requirement.” Id. at 1222 n. 2. A case or controversy. is found when a insurer brings a declaratory judgment action regarding its duty to defend and indemnify. See, e.g., American States Ins. Co. v. Kearns, 15 F.3d 142, 144 (9th Cir.1994), Such is-the case here.
Statutory jurisdictional requirements are also met because there is complete diversity between the parties and the amount in controversy is more than $75,000. Thus, statutory jurisdiction is proper under 28 U.S.C. § 1332(a).
In determining whether entertaining the action is appropriate, the factors from Brillhart v. Excess Insurance Company of America, 316 U.S. 491, 62 S.Ct. 1173, 86 L.Ed. 1620 (1942), “remain the philosophic touchstone for the district court.” Dizol, 133 F.3d at 1220. They are: (1) avoiding needless determinations of state law issues; (2) discouraging litigants from filing declaratory actions as.a means of forum shopping; and (3) avoiding duplicative litigation. Id. In addition, other considerations may be relevant: (1) whether the declaratory action will settle all aspects of the controversy; (2) whether the declaratory action will serve a useful purpose in clarifying the legal relations at issue; (3) whether the declaratory action is being sought merely for the purposes of procedural fencing or to obtain a “res judi-cata” advantage; (4) whether the use of a declaratory action will result in entanglement between the federal and state court systems; (5) the convenience of the parties; and (6) the availability and relative convenience of other remedies. Id. at 1225 n. 5.
While the presence of “parallel state proceedings involving the same issues and parties pending at the time the federal declaratory action is filed” results in a “presumption that the entire suit should be heard in state court[,]” “there is no presumption in favor of abstention in declaratory actions generally, nor in insurance coverage cases specifically.” Id. at 1225. “The pendency of a state court action does not, of itself, require a district court to refuse federal declaratory relief.” Id. Accordingly, nothing prevents an insurer “from invoking diversity jurisdiction to bring a declaratory judgment action against an insured on an issue of coverage.” Id.
A. Application of Brillhart Factors
1. Determination of State Law Issues
Several of the asserted coverage defenses will have little or no impact on any of the issues likely to arise in the underlying siding claims. For example, determining plaintiffs’ obligations as to (1) costs incurred by Stimson before Stimson notified plaintiffs of a claim; (2) when property damage occurred vis a vis each insurer’s respective policy period; (3) whether damage was done to Stimson’s own product; (4) damages associated with Stimson’s work or operations; (5) whether damage resulted from a recall or withdrawal of the product from the market; (6) whether a claim is a “suit” as defined in the various insurance policies; (7) whether a particular loss was in progress when Stimson obtained liability insurance, and (8) whether Stimson knew of certain risks when it obtained liability insurance, all have little or no overlap with the issues in the underlying siding claims litigation.
Nonetheless, some of the issues determined here could have significant overlap with certain issues likely to be relevant in the siding claims. For example, determining the cause of the damage and whether the cause is related to an occurrence, accident, or fortuitous event, or, on the other hand, whether Stimson expected or intended any of the property damage, are significant issues which could be determined in this case before being resolved as part of the underlying litigation. Similarly, determinations as to the type of damage sustained, whether a breach of warranty occurred, and whether the cause of the damage was as a result of a defect in Stimson’s product or work, would potentially overlap with questions raised in the underlying claims.
Overall, however, of the issues presented by the asserted coverage defenses, most of them will have little or no impact on issues likely to be seen in the underlying claims.
2. Discouraging Forum Shopping
While the underlying claims are being litigated predominantly in California, they are not consolidated cases, but are pending in separate courts throughout that state, as well as in Washington. Most importantly, plaintiffs here are not parties to any of the underlying claims. Thus, the coverage issues that are presented in this action have not been raised in any other forum. Accordingly, I do not view plaintiffs’ declaratory relief action here as forum shopping.
3. Avoiding Duplicative Litigation
In this case, I view this factor as equal to the first factor in which the overlap between state law issues and issues present in the federal declaratory relief action is examined. Based on the discussion in connection with that factor, it is apparent that while some of the issues in the litigation in this case may overlap with some of the issues in the underlying siding claims, most of the issues do not duplicate those likely to arise in the underlying claims.
As to the other factors relevant under Brillhart, while this declaratory judgment action will not settle all aspects of the controversy, it will serve a useful purpose in clarifying the legal relations at issue. As discussed further below, because under Oregon law, there is no estoppel effect to the factual determinations made here upon the same factual issue in the underlying claims, I cannot conclude that the declaratory action is being sought to obtain a “res judicata” advantage. Further, I do not see that the use of this declaratory action will result in entanglement between the federal and state court systems.
Based on the analysis of the Brillhart factors, I exercise my discretion in favor of exercising jurisdiction.
II. Motion to Transfer
Stimson moves to transfer the case to the Northern District of California pursuant to 28 U.S.C. § 1404 which governs motions to transfer venue. The statute provides that
[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
28 U.S.C. § 1404(a). The decision whether to transfer venue lies in the discretion of the district court. 28 U.S.C. § 1404; Jones v. GNC Franchising, Inc., 211 F.3d 495, 498 (9th Cir.2000) (under section 1404(a), “the district court has discretion to adjudicate motions for transfer according to an individualized, case-by-case consideration of convenience and fairness.”) (internal quotation omitted).
In determining proper venue, the court considers both public and private factors. Creative Tech., Ltd., v. Aztech Sys. Pte., Ltd., 61 F.3d 696, 699 (9th Cir.1995). Private factors
include ease of access to sources of proof; compulsory process to obtain the attendance of hostile witnesses, and the cost of transporting friendly witnesses; the possibility of viewing subject premises; and other factors contributing to an expeditious and inexpensive trial.
[Public] factors include administrative difficulties- flowing from court congestion; imposition of jury duty on the people of a community unrelated to the litigation; the local interest in resolving the controversy at home; the interest in having a diversity case tried in a forum familiar with the law .that governs the action; and the avoidance of unnecessary conflicts of law problems.
Gemini Capital Group, Inc. v. Yap Fishing Corp., 150 F.3d 1088, 1093, 1094 (9th Cir.1998).
Generally, defendants “must make a strong showing of inconvenience to warrant upsetting the plaintiffs choice of forum.” Decker Coal Co. v. Commonwealth Edison Co., 805 F.2d 834, 843 (9th Cir.1986).
Stimson notes that none of the siding claims are venued in Oregon, and all but one is in California. Additionally, none of the allegedly damaged homes, condominiums, or apartments are in Oregon. Stimson contends that virtually all of the key witnesses, including Stimson’s defense counsel and plaintiffs’ claims administrators, are in California. Stimson indicates that the vast majority of the tens of thousands of pertinent documents are in California. Finally, Stimson states, all parties are subject to the jurisdiction of the Northern District of California and there is “no reason why the parties, witnesses and this Court should be inconvenienced in litigating a coverage dispute that has almost no connection with this state (other than the fact that Stimson is an Oregon corporation).” Stimson’s Memo, at p. 2.
In response, plaintiffs note that the underlying claims against Stimson aré not confined to California. Notably, plaintiffs point to Gardner v. Stimson Lumber Co., No. 00-2-17633, pending in King County Superior Court in Washington, which was certified as a class action on June 8, 2001, The class is defined as “all persons in the states of Washington, Oregon, California, Idaho, Utah, Colorado, or Hawaii who own or have owned buildings clad with Stimson Series 400 or Series 500 hardboard siding (‘Forestex hardboard siding’) installed after January 1, 1985.” Exh. A to Pltfs’ Memo, in Opp. at p. 1.
Plaintiffs note that in light of the class certification order in Gardner, Stimson is hard pressed to argue that California remains the venue with the most numerous and important contacts. American National Fire Insurance Company notes that because consumer complaints are not confined to California, selecting California as the appropriate forum to decide insurance coverage would be arbitrary rather than convenient.
Plaintiffs also suggest that Stimson’s transfer argument focuses on the wrong set of facts. Plaintiffs argue that the issue in the present action is whether there is insurance coverage for the damages alleged in the siding cláims which will be resolved by the court’s examination of evidence and case law pertaining to (1) the knowledge of Stimson’s management about the quality of its siding or potential claims pertaining to that siding at the time it applied for insurance; (2) the information Stimson’s management provided to the insurance agents or brokers at the time it applied for insurance; (3) Stimson’s management’s notice of the underlying claims and Stimson’s management’s notice to its insurers of those underlying claims; and (4) the interpretation and application of the insurance policies issued to Stimson.
Thus, for example, as American Fire Insurance Company notes, if there is an ambiguity in interpreting the insurance contracts at issue, testimony of those involved in bujdng and selling the policies may be important. Because the policies at issue here were all issued by Oregon agents to an Oregon company, American National Fire Insurance Company argues that the key witnesses are in Oregon. American National Fire Insurance Company also notes that Oregon law will apply to this dispute and that documents and witnesses pertinent to coverage for particular claims are present in Oregon because presumably, Stimson keeps records concerning warranty claims, product complaints, manufacturing methods, alteration of manufacturing methods, and product design and re-design, at its headquarters in Oregon.
Plaintiffs conclude that the “operative facts” relevant to the above-referenced issues all took place in Oregon. By Stimson’s own counsel’s admission at a May 24, 2001 status conference, Stimson’s management is located in Portland and the plant where the siding was manufactured is located in Gaston, Oregon. The insurance policies all were issued in Oregon using Oregon insurance agents or brokers. Plaintiffs emphasize that they are not arguing that the underlying siding claim lawsuits should be litigated somewhere other than where the damage allegedly has occurred to the underlying claimants, but that the instant action is a dispute about coverage under insurance policies written in Oregon to an Oregon company and which should be heard in Oregon.
A. Private Factors
1. Access to Proof/Location of Operative Facts
As discussed above in the section on jurisdiction, many of the issues sought to be adjudicated in this action do not overlap with those asserted in the underlying siding claims being litigated elsewhere. A large portion of the evidence relevant to this coverage dispute is located in Oregon. As noted, however, there are a few issues which do overlap with those in the underlying siding claims. Evidence relevant to these claims may be at the sites forming the basis of the siding claims or with experts whose location is unknown. To the extent that the evidence in California, or elsewhere, is documentary, its location is largely irrelevant because it would need to be copied and delivered to plaintiffs in discovery or produced at trial regardless of its location. Furthermore, to the extent some on-site visits may be required, California is, relatively speaking, close to Oregon. On balance, this factor weighs in favor of retaining the action in Oregon as more of the relevant evidence is located here and some of the evidence outside of Oregon is documentary.
2. Convenience of Parties and Witnesses
Although Stimson is an Oregon company with its headquarters here, it argues that California is the more convenient forum because plaintiffs’ claims adjustors, described by Stimson as plaintiffs’ most knowledgeable witnesses regarding the underlying lawsuits, are in California. Stimson also argues that California is more convenient because Stimson’s defense counsel for the siding claims is in California and it would be extremely burdensome for such defense counsel to assist Stimson in providing information relevant to the coverage dispute if the coverage action remained in Oregon. Additionally, Stimson maintains that most of the key witnesses are in California, including, experts hired to. determine the cause, nature, and extent of the alleged damage for which coverage applies. The, experts may or may not be close to the Northern District of California court as their location within California is unknown (if indeed they are from California).
As plaintiffs note, interpretation of the scope and content of insurance policy language is a matter of law for the court, not for the jury. Farmers Ins. Co. of Or. v. Munson, 145 Or.App. 512, 519, 930 P.2d 878, 882 (1996). For those factual issues that require determination prior to the court interpreting the policy, or if there are ambiguities in the policy and extrinsic evidence is necessary to interpret the policy at trial, most of the relevant witnesses will be the Oregon insurance agents and brokers who issued the insurance policies, Stimson’s management, including those who provided information to obtain the insurance policies and the insurance claims, and Stimson’s manufacturing personnel. All of these persons are located in Oregon.
For the factual issues that do overlap with those in the underlying claims, I agree with Stimson that some of the relevant witnesses reside in California and thus, they would not be subject to the compulsory process of this court. Stimson points to the claims adjustors, the individual homeowners and their experts, and Stimson’s defense counsel (see footnote two), in the underlying actions as crucial witnesses outside of this court’s subpoena power.
The fact remains, however, that many witnesses, as described above, are in Oregon. A mere shifting of inconvenience does not satisfy Stimson’s burden in seeking a change in venue. Decker Coal, 805 F.2d at 843 (upholding denial of transfer where liability witnesses were in one forum but damages witnesses were in another because the “transfer would merely shift rather than eliminate the inconvenience.”). Thus, because Stimson shows only a shift of inconvenience and there are some non-party Oregon witnesses who would be outside of the compulsory process of a California court, this factors weighs against transfer.
B. Public Factors
1. Local Interest
Stimson argues that the controversy is not local to Oregon because the parties most .affected by the products and activities that plaintiffs promised to insure are the plaintiffs in the underlying siding claims. Accordingly, Stimson argues, there is no justification for requiring this court and the citizens of Oregon to bear the costs that plaintiffs’ action will entail, or require the citizens of Oregon to devote time as jurors, to resolve a dispute brought by an out-of-state insurance company over its responsibility to insure events occurring in California.
Plaintiffs argue that Stimsoris argument again misses the focus of this action which is insurance coverage. As plaintiffs note, the controversy in this case, albeit with some factual overlap with the underlying cases, concerns insurance policies issued in Oregon, by Oregon insurance agents and brokers, to an Oregon corporation for a product made in Oregon. Plaintiffs argue that Oregon citizens have a great interest in how such insurance policies are interpreted and applied. As noted in footnote four below, Oregon law will apply. Additionally, plaintiffs contend, California’s interest is minimal because even those California citizens with a case pending against Stimson have only a minor interest in the disposition of the coverage case.
I agree with plaintiffs. Even noting the overlapping factual issues between the coverage case and the underlying claims, the coverage case ultimately will address the insurance policies which were issued in Oregon by Oregon personnel to an Oregon company for an Oregon product. Oregon citizens maintain a strong interest in such a dispute.
2. Court Congestion
Plaintiffs note that the median time elapsing in a civil case from filing to trial in the Northern District of California is twenty-five months compared with fifteen months in Oregon. Exh. B. to Pltfs’ Memo, in Opp. at pp. 2-3; Exh. C. to Pltfs Memo, in Opp. at p. 2. Additionally, plaintiffs note that the Northern District of California carries 273 pending civil cases over three years old while District of Oregon carries only 63. Exh. B. to Pltfs’ Memo, in Opp. at pp. 2-3. As a result, plaintiffs argue, it is more expeditious to keep the case here in Oregon.
Stimson responds that the mere possibility that a trial may be held earlier in the original court does not justify a denial of a transfer when the transfer is otherwise supported by the convenience of the parties and the witnesses.
This factor weighs in favor of retaining the action in Oregon. Plaintiffs’ statistical evidence indicates that the Northern District of California is more congested than the District of Oregon. Stimson’s argument in response carries little weight when the transfer is not supported by the convenience of all parties and witnesses.
C. Plaintiffs Choice of Forum
Generally, a plaintiffs choice of forum is given considerable weight in a section 1404(a) analysis. Lou v. Belzberg, 834 F.2d 730, 739 (9th Cir.1987). However, a plaintiffs choice of forum carries less weight when the chosen forum is not plaintiffs home. Findley Adhesives, Inc. v. Williams, 751 F.Supp. 184, 186 (D.Or.1990). Nonetheless, the plaintiffs choice of forum is not to be dismissed altogether. See Murray v. British Broad. Corp., 81 F.3d 287, 289 (2d Cir.1996) (in motion based on forum non conveniens involving foreign plaintiff, plaintiff’s choice of forum entitled to less deference but some weight still given to that choice); see also Wiwa v. Royal Dutch Petroleum Co., 226 F.3d 88, 101 (2d Cir.2000) (“While any plaintiffs selection of a forum is entitled to deference, that deference increases as the plaintiffs ties to the forum increase”), cert. denied, 532 U.S. 941, 121 S.Ct. 1402, 149 L.Ed.2d 345 (2001); Miller v. Consolidated Rail Corp., 196 F.R.D. 22, 25-26 (E.D.Pa.2000) (although court was not plaintiffs home forum, plaintiff and his case had “more than a superficial link” to the Pennsylvania court, in large part because the defendant’s headquarters were located in Pennsylvania, and plaintiffs choice was therefore not given any reduced deference).
Plaintiffs contend that their selection as Oregon as the forum for this dispute is entitled to deference because it is not driven by forum shopping, but rather by logic and convenience. Plaintiffs note that the case is brought by three insurance companies with no single home forum and that Stimson’s home forum is both logical and convenient for a declaratory judgment action applying Oregon law to determine obligations to an Oregon corporation arising out of insurance policies issued in Oregon. Clearly it is difficult to argue that Oregon, home to Stimson, is a manifestly unfair forum for it to be required to conduct this litigation.
I agree with plaintiffs! While plaintiffs’ choice of Oregon may not be entitled to substantial deference given that none of the plaintiffs are headquartered here, plaintiffs’ choice is still accorded some weight. Plaintiffs’ choice makes sense given that Stimson is located here and the ultimate issues concern insurance coverage for policies issued in Oregon to an Oregon company.
Based on an analysis of private and public factors, and giving plaintiffs’ choice of forum some consideration, I conclude that Stimson has not met its burden of demonstrating that this case may be more conveniently tried in the Northern District of California. Thus, I recommend that the motion to transfer be denied.
III. Motion to Stay
Stimson seeks to stay the case while the underlying claims giving rise to the coverage issues are being actively litigated. Stimson argues that without a stay, plaintiffs’ pursuit of the relief sought in this action will effectively undercut Stimson’s defense of the underlying actions and align the insurers with Stimson’s adversaries in the underlying claims. In support of its argument, Stimson relies on Montrose Chemical Corporation of California v. Superior Court, 6 Cal.4th 287, 861 P.2d 1153, 24 Cal.Rptr.2d 467 (1993) (Montrose I), and North Pacific Insurance Company v. Wilson’s Distributing Service, Inc., 138 Or.App. 166, 908 P.2d 827 (1995).
In Montrose I, the insured brought an action against its insurers, seeking a declaratory judgment regarding the insurers’ duty to defend the insured in an underlying third-party lawsuit. Montrose I, 6 Cal.4th at 291, 861 P.2d at 1154, 24 Cal.Rptr.2d at 468. The parties disputed the “proper use of extrinsic evidence in determining the scope of the defense duty[.]” Id., 861 P.2d at 1154-55, 24 Cal.Rptr.2d at 468-69. The court held that “evidence extrinsic to the underlying complaint can defeat as well as generate a defense duty[.]” Id. The .court then concluded that the insured had made a prima facie showing that the complaint in the underlying action fell within the coverage of the various policies. Id. at 304-05, 24 Cal.Rptr.2d 467, 861 P.2d 1153, 861 P.2d at 1163-64, 24 Cal.Rptr.2d at 477-78.
While the case primarily concerned the determination of the insureds’ duty to defend, the court anticipated the next issue and commented on the timing of the resolution of indemnity issues in a related coverage case. The court explained that a stay of a declaratory relief action is “appropriate when the coverage question turns on facts to be litigated in the underlying action” because otherwise, “inconsistent fáetual determinations” could prejudice the insured. Id. at 301, 24 Cal.Rptr.2d at 476, 861 P.2d at 1162. As an example, the Montrose I court noted that when a third party seeks damages on account of the insured’s negligence, and the insurer seeks to avoid providing a defense by arguing that its insured harmed the third party by intentional conduct, “the potential, that the insurer’s proof will prejudice its insured in the underlying litigation is obvious.” Id.
In contrast, the court noted, when “the coverage question is logically unrelated to the issues of consequence in the underlying case, the declaratory relief action may properly proceed to judgment.” Id. As an example, the court cited a case where the “question whether the owner had granted permission for the driver’s use of the car was irrelevant to the third party’s personal injury claim, and could properly be determined in the declaratory relief action independently of the timing of the third party suit.” Id. (citing State Farm Mut. Auto. Ins. Co. v. Flynt, 17 Cal.App.3d 538, 95 Cal.Rptr. 296 (1971)).
After the Montrose I decision, the California Court of Appeals considered, in a related case, whether another declaratory relief action filed by Montrose Chemical Corporation, could be set for trial before the third-party suits were resolved. Montrose Chem. Corp. v. Superior Court, 25 Cal.App.4th 902, 31 Cal.Rptr.2d 38 (1994) (Montrose II). The court indicated that based on the relevant portion of Montrose I, the question before it was “whether the coverage questions [were] logically unrelated, (that is, irrelevant) to the issues of consequence in the contamination cases so that they could be determined in the declaratory relief action without prejudice to Montrose in the underlying actions.” Id. at 908, 31 Cal.Rptr.2d at 42.
The court noted that when courts talk about “prejudice to the insured from concurrent litigation of the declaratory relief and third party actions,” courts are saying that “the insurer must not be permitted to join forces with the plaintiffs in the underlying actions as a means to defeat coverage.” Id.; 31 Cal.Rptr.2d at 43. Additionally, the court noted that another prejudice is seen when the “insured is compelled to fight a two-front war, doing battle with the plaintiffs in the third party litigation while at the same time devoting its money and its human resources to litigating coverage issues with carriers.” Id. Finally, the court noted, “there is the collateral estoppel issue.” Id. As described by the Montrose II court,
[i]f the declaratory relief action is tried before the underlying litigation is concluded, the insured may be collaterally estopped from relitigating any adverse factual findings in the third party, action, notwithstanding that any fact found in the insured’s favor could not be used to its advantage.
Id.
The court then noted that although it had emphasized the potential prejudice to the insured, “the trial court must [also] consider the burden on the carriers.” Id. at 910, 31 Cal.Rptr.2d at 43. The court noted that given their duty to defend, the carriers pay for defense costs and “must continue to pay until the underlying actions are resolved unless, of course, they are allowed to litigate the indemnity issues.” Id. The court noted that in a case where there is no potential conflict between the coverage issues and those in the third-party action, the carrier may “obtain an early trial date in the coverage action and, if it wins, that is the end of its duty to defend.” Id. However, the court noted, where that cannot be done, “the carrier gets to keep paying and paying and paying.” Id. Thus, the court concluded, the “trial court should not hesitate to fashion orders which attempt to balance these conflicting concerns.” Id.
In the Oregon case, the liability insurer commenced a declaratory judgment action seeking a determination that it had no duty to defend or indemnify its insured in an underlying action brought by a third party against the insured for soil and groundwater contamination to the third party’s property. North Pac. Ins. Co., 138 Or.App. at 169, 908 P.2d at 829. The insurance policy at issue excluded coverage for the discharge of contaminants or pollutants unless the discharge was sudden and accidental. Id. at 171, 908 P.2d at 830. Because, under the allegations that were made in the underlying case, evidence that contaminants were released suddenly and accidently on some occasions would be admissible, “plaintiff is and was obligated to defend, unless it was entitled to develop facts in this action for declaratory relief, filed before the underlying tort action was decided, to show that it had no duty to indemnify and, therefore, no duty to defend.” Id.
The court framed the issue as “whether the duty to defend may be negated by showing lack of coverage by evidence adduced for the first time in a declaratory judgment action commenced by the insurer before the underlying tort action has been concluded.” Id. at 173, 908 P.2d at 831. The court concluded that the trial court erred in denying the. insured’s motions to stay until resolution of the underlying case, both as to the duty to defend and the duty to indemnify. As to the duty to defend, the court noted that unless facts showing no duty to defend have been previously and “uncontrovertibly established” in a separate proceeding, it is an abuse of discretion to deny a motion to stay a declaratory judgment action by the insurer regarding the insurer’s duty to defend. Id. at 174, 908 P.2d at 832.
As to the duty to indemnify, a duty independent of the duty to defend, the court held that the motion to stay should have been granted. The court explained:
What plaintiff has attempted to do here is to litigate, at least in part, the Wilsons’ liability to C-CE in the underlying tort action, putting the Wilsons in the conflictive position of being required to abandon their denial of liability in that action in order to come within the exception to the policy exclusion. They were required to come forward in this proceeding with evidence that they caused some of the pollution of C-CE’s property but that the pollution was the result of sudden and accidental releases of the contaminants- claimed by C-CE to have originated on the Wilsons’ property. An insurer may not put its insured in that position. Given plaintiffs obligation to defend, there can be no detriment to it to abide the final outcome of the underlying action to determine whether it is obligated to indemnify. The trial court erred in denying the Wilsons’ motions to stay this proceeding as it relates to plaintiffs duty to indemnify and in entering summary judgment for plaintiff.
Id. at 175, 908 P.2d at 832.
Stimson argues that a number of plaintiffs’ alleged coverage defenses arise from the same operative facts at issue in the siding claims and are therefore, so “logically related” to the “issues of consequence” in the underlying actions that this action must be stayed. For example, Stimson argues, plaintiffs’ coverage defenses impact at least the following three issues: (1) did Stimson expect or intend the property damage alleged by the- plaintiffs in the underlying cases such that those losses were non-fortuitous; (2) were the damages allegedly sustained by the underlying plaintiffs caused by the “intentional or fraudulent” conduct of Stimson; and (3) was “deterioration” of the siding itself a complete or partial cause of the underlying plaintiffs’ alleged damages.
Plaintiffs read North Pacific to create two relevant questions in the stay analysis: (1) whether the insurer could develop facts in a declaratory judgment action, commenced before the underlying tort action is concluded, that would negate the insurer’s duty to defend; and (2) does the declaratory judgment action force an insured to prematurely litigate the insured’s potential liability in the underlying tort claims and require the insured to take inconsistent positions? I agree with plaintiffs that this is a fair reading of North Pacific.
As to the first question, the operative Complaint in the case seeks a declaration concerning plaintiffs’ duty to defend as well as to indemnify. First Am. Compl. at ¶ 22 (plaintiffs “contend they have no duty to defend and/or indemnify Stimson”). However, based on the insurers’ representations through counsel during oral argument, there is no apparent challenge to the duty to defend any of the current siding claims. Any challenges by plaintiffs to the duty to defend any concluded litigation causes no detriment to Stimson because, if the litigation is concluded, the prejudices noted by the Montrose II court are not implicated. As a result, the duty to defend is not presently an issue in this case.
As to the second inquiry under North Pacific, plaintiffs argue that Stimson will not be forced to take an inconsistent position between this action and the underlying siding claims. Plaintiffs indicate that they seek a determination of what claims are excluded from coverage, not a declaration of whether Stimson committed the torts alleged in the underlying complaint. Plaintiffs state that they have never asserted, for example, that Stimson expected or intended the damage or engaged in fraudulent conduct, but that they have simply reiterated the claims by the underlying plaintiffs in the siding claims in an attempt to accurately frame the coverage issues. Accordingly, plaintiffs argue, the factual determinations necessary for the adjudication of the declaratory judgment and for the underlying siding claims are different and will not force Stimson to take inconsistent positions in the two eases.
Plaintiffs also cite to a number of cases in which a court has adjudicated a declaratory judgment regarding coverage by an insurer before the conclusion of the underlying action against the insured. E.g., United States Fid. & Guar. Co. v. Star Tech., Inc., 935 F.Supp. 1110 (D.Or.1996) (interpreting insurance policy in declaratory judgment action as to insurer’s duty to defend underlying patent infringement action against insured); Gutman, 172 Or.App. 528, 21 P.3d 101 (interpreting insurance policy in declaratory judgment action as to insurer’s duty to defend underlying tort claim against insured); Drake v. Mutual of Enumclaw Ins. Co., 167 Or.App. 475, 1 P.3d 1065 (2000) (same).
While plaintiffs correctly note that these courts resolved the issues in a declaratory action while an underlying " action was pending, none of the cases address a motion to stay or discuss the potential for overlapping factual issues between the underlying claim and the coverage issues in the declaratory relief action. Thus, these cases bear little relevance to the instant motion.
Neither party cites Ferguson v. Birmingham Fire Ins. Co., 254 Or. 496, 460 P.2d 342 (1969). There, the Oregon Supreme Court found a duty to defend when the complaint alleged a willful trespass on the part of the insured, but recovery could be had against the insured, without amendment of the complaint, for non-willful trespass. Id. at 504-07, 460 P.2d at 346-47. Although the policy excluded coverage for willful conduct of the insured, there was a possibility of liability being imposed upon the insured for conduct covered by the policy, triggering the duty to defend. Id. Additionally, the court held that while the insured’s insistence that the insurer undertake the defense without any reservation of rights relating to coverage constituted a breach of contract, this did not preclude the insured from recovering the judgment paid and the cost of the defense if the subsequent coverage question was resolved in favor of the insured. Id. at 512, 460 P.2d at 349.
As part of analyzing these issues, the court noted that if an insurer defends an action against the insured “in the face of the insured’s refusal to accede to [the] insurer’s request for a reservation of rights,” the insurer “waives or is estopped” to assert the defense of non-coverage. Id. at 508, 460 P.2d at 348. On the other hand, if the insurer rejects the tender of the defense, thus preserving its right to question coverage, it “loses the benefits that accrue from being represented by its own counsel[,]” and, if it later loses on the coverage question, it must pay the judgment and the costs of defense. Id. As described by the court, “the insurer is forced to choose between two alternatives either of which exposes it to a possible detriment or loss.” Id.
The court further noted that the justification for imposing this dilemma on insurers arose out of . conflict of interest situations between insurers and insureds. The court stated:
Where there is a conflict of interest between the insurer and insured and the judgment in the action against the insured can be relied upon as an estoppel by judgment in a subsequent action on the issue of coverage, the control of the action by the insurer could adversely affect the insured if the judgment was based upon conduct of the insured not falling within the coverage, of the policy. Likewise, the insurer could be adversely affected by a judgment based upon conduct for which there is coverage. But we see no reason for applying the rule of estoppel by judgment in such cases. The judgment should operate as an es-toppel only where the interests of the insurer and insured in defending the original action are identical — not where there is a conflict of interests. If the judgment in the original action is not binding upon the insurer or insured in a subsequent action on the issue of coverage, there would be no conflict of interests between the insurer and the insured in the sense that the insurer could gain any advantage in the original action which would accrue to it in a subsequent action in which coverage is in issue.
Id. at 509-11, 460 P.2d at 348-49 (footnote omitted).
Based on Birmingham Fire, it is clear that any issues of fact determined in the underlying claims would have no estoppel effect on the same issues in the coverage case because there is no dispute that plaintiffs are defending the underlying cases under a reservation of rights, exposing a conflict of interest. I found no Oregon cases extending this holding to the situation where the factual issues are first resolved in the coverage case as opposed to in the underlying claim against the insured. However, I see no reason why the “no estoppel” principle should not apply here. Although the insurer and the insured are on opposite sides of the coverage case, and thus, the “conflict of interest” is obvious and exposed rather than lurking as potential prejudice in a third-party action being defended under a reservation of rights, the concerns underlying the Birmingham Fire holding are still present.
Whenever an insurer is defending a third-party action under a reservation of rights, an atypical insurer-insured relationship is created. Under traditional notions of issue preclusion, factual determinations made in the coverage case, were that to be litigated first, could be binding in the third-party action to the disadvantage of the insured. Thus, as seen in the Mont-rose eases and in North Pacific, in an effort to protect the insured, these two courts embraced the concept of staying the coverage case until resolution of the underlying issues in the third-party action. When, however, because of the nature of the underlying third-party litigation, it makes more sense from a case management standpoint to litigate the coverage question first, there are strong policy reasons for applying Birmingham Fire’s “no estoppel” principle to factual determinations made initially in the coverage case.
For example, in a case where millions of dollars are potentially at stake, where there are many third-party actions, one of which is a class action, and where the potential for settlement of the third-party actions exists, staying the declaratory relief coverage action could cause undue prejudice to the insurer. The insurer is put in the position of defending huge, time-consuming, and costly cases without actual knowledge of its ultimate responsibility and exposure. This could have a negative impact on the insurer’s or an insured’s ability to settle a case. When many underlying actions are pending, a stay of the declaratory relief action could last for years.
While staying the declaratory relief action is one method of preserving the insured’s rights, it comes at an enormous cost to the insurer and the insured in cases as described in the preceding paragraph. Such prejudice to the insurer was recognized by the Montrose II court. Thus, borrowing from Birmingham Fire, it makes sense in such cases to litigate the coverage issues first, but to allow the insured, as part of the defense of the third-party action, to relitigate any overlapping factual determinations made in the coverage action. From the standpoint of judicial efficiency, it makes sense to apply Birmingham Fire’s holding to situations where the coverage issues are litigated first in addition to those situations where the third-party action is litigated first.
I recognize that, at this point, a California court will preside over most of the siding claims and it is likely that California law will apply in resolving those claims. California ascribes to the traditional elements of the issue preclusion analysis: for issue preclusion to apply, the issue must be identical to that decided in a former proceeding, it must have been actually litigated in the former proceeding, it must have been necessarily decided in the former proceeding, the decision in the formal proceeding must have been final and on the merits, and preclusion must be sought against a person who was a party or in privity with a party to the former proceeding. Lucido v. Superior Court, 51 Cal.3d 335, 341, 795 P.2d 1223, 1225, 272 Cal.Rptr. 767, 769 (1990). It is possible that a California court could apply this analysis to bind Stimson to any factual determinations made in this coverage action because all of the elements would be satisfied. Two concepts, however, operate to prevent that application.
. First, under California law, even when all issue, preclusion requirements are met, the propriety .of preclusion depends upon whether application will further the public policies of “preservation of the integrity of the judicial system, promotion of judicial economy, and protection of litigants from harassment by vexatious litigation.” Id. at 342-43, 795 P.2d at 1226-27, 272 Cal.Rptr. at 770-71. Given the real sons for deciding the coverage case first and the competing need to still protect the insured in the underlying third-party actions, it is likely that a California court would not allow application of issue preclusion to Stimson’s detriment in the siding claims.
Second, in the spirit of comity, the notion that the courts of one jurisdiction will honor the law of another jurisdiction, a California court could refrain from applying issue preclusion against Stimson in the siding claims.
As noted in Montrose II, the prejudice to the insured in situations where there is a duty to defend, but also a concurrent coverage dispute, is not limited to the es-toppel effects. There remains the concern that the insured is forced to “fight” on two fronts simultaneously. However, the court can address this prejudice by carefully tailoring both the timing and scope of discovery. Additionally, a protective order should address other prejudices that may arise.-
In summary, Oregon law recognizes that when an insurer is defending an action under a reservation of rights, exposing a conflict of interest between the insurer and its insured, protecting an insured from possible prejudice may require a stay of a concurrent coverage action, or the abandonment of the application of issue preclusion so that no estoppel effect is accorded to the factual determinations made in the third-party action. Because of the need in certain cases, such as here where there are multiple third-party cases and large sums of money involved, to resolve coverage issues expediently, a stay of the coverage case is not an efficient or practical method of protecting the insured or the insurer from the problems inherent in the conflict. One case or the other must necessarily be decided first, and having some additional information about the parties’ rights and obligations under the insurance contracts during the resolution of the third-party claims should result in more equitable resolution of those claims. Thus, if the Oregon Supreme Court were presented with the issue, I conclude that it would recognize the propriety of allowing the coverage case to proceed as long as no estoppel effect is accorded to any factual determinations made first in the coverage case. Accordingly, the motion for stay should be denied with the understanding that, while there are some factual issues to be, determined in the coverage case which overlap with issues present in the siding claims, no estoppel effect will be accorded to those determinations.
CONCLUSION
I recommend that Stimsoris motions to transfer (# 10) and to stay (# 17) be denied.
SCHEDULING ORDER
The above Findings and Recommendation will be referred to a United States District Judge for review. Objections, if any, are due November 2, 2001. If no objections are filed, review of the Findings and Recommendation will go under advisement on that date.
If objections are filed, a response to the objections is due November 16, 2001, and the review of the Findings and Recommendation will go under advisement on that date.
. In a separate memorandum filed by Wausau Business Insurance Company, Wausau Underwriters Insurance Company, and Employers Insurance of Wausau (referred to collectively as "Wausau”), Wausau incorporates the memorandum submitted jointly by all plaintiffs, but adds the following facts regarding the issuance of its policies: Wausau negotiated insurance contracts for Stimson from 1980 until 2000 with a six-year gap from 1991 to 1997 when Wausau did not issue any insurance contracts to Stimson. The negotiations and writing of all insurance contracts between Wausau and Stimson occurred in Oregon. Underwriters at the local Oregon Wau-sau office were contacted by local Oregon insurance brokers to negotiate the terms and conditions of the contracts for Stimson. After the initial negotiations, the terms and conditions of the insurance contracts were finalized in Oregon and the local Oregon insurance broker presented the terms and conditions to Stimson employees for approval. Because Stimson’s headquarters are in Oregon, Wau-sau understands that the Stimson employees who reviewed and accepted the terms and conditions were located in Oregon. Once the terms and conditions were accepted by Stimson, underwriters from the local Oregon Wau-sau office sent the information to the Wausau home office for finalizing and forwarding to Stimson. Wausau’s home office was responsible only for actually typing up the insurance contract, based on the instructions from the local Oregon Wausau office, and for mailing the insurance contract to Stimson or Wau-sau’s representative.
. From the context of the discussion in Stimson's memorandum, it appears that the defense counsel Stimson refers to here is not defense counsel in the coverage action, but defense counsel in the siding claims litigation. If this is defense counsel hired by the insurers to defend Stimson in the siding claims, that counsel cannot represent Stimson in the coverage case, but rather, is limited to providing Stimson the same information as provided to coverage counsel.
. Although, as explained further herein, the duty to defend is presently not an issue in this case, I note that Oregon law differs from California law in allowing extrinsic evidence in assessing the duty to defend. See, e.g., Mutual of Enumclaw Ins. Co. v. Gutman, 172 Or.App. 528, 531, 21 P.3d 101, 103 (2001) ("Whether an insurer has a duty to defend presents a question of law, which is determined by comparing the terms of the insurance policy with the allegations of the complaint against the insured.") (internal quotation omitted).
. In resolving this declaratory relief coverage action, it appears that Oregon law would apply. Federal courts sitting in diversity look to the law of the forum state in making a choice of law determination. Ticknor v. Choice Hotels Int’l, Inc., 265 F.3d 931, 936 (9th Cir.2001). In deciding choice of law issues in contract actions, Oregon applies the law of the state which has the most significant relationship to the parties and to the transaction. Lilienthal v. Kaufman, 239 Or. 1, 10-11, 395 P.2d 543, 547 (1964); see also Young v. Mobil Oil Corp., 85 Or.App. 64, 68, 735 P.2d 654, 656 (1987) (noting that Lilienthal "adopted the principle that the law applied should be that of the state having the most significant relationship to the parties and the transaction."). In a 1994 case, the Oregon Court of Appeals held that Oregon law applied to the issue of whether there was liability insurance coverage for soil and groundwater contamination at a wood treatment plant in California. St. Paul Fire & Marine Ins. Co. v. McCormick & Baxter Creosoting Co., 126 Or.App. 689, 870 P.2d 260, modified, 128 Or.App. 234, 875 P.2d 537 (1994), rev’d in part on other grounds, 324 Or. 184, 923 P.2d 1200 (1996). The court held that the location of the particular risk was not controlling. Id. at 696, 870 P.2d at 263. The court noted that the insured was an Oregon corporation, its principal place of business was in Oregon, and most, if not all, of the insurance policies were issued to it by its Oregon insurance broker. Id. at 696-97, 870 P.2d at 263-64. The court noted that although California has a substantial interest in environmental cleanup, "Oregon has a substantial interest in the regulation of insurance contracts and in determining the rights and liabilities of the parties who enter into those contracts in Oregon.” Id. at 697, 870 P.2d at 264. Thus, given Oregon’s "important, fundamental interest in the transaction,” the court held that the public policy of Oregon, and thus its law, should prevail. Id. Here, although the risk locations are outside of Oregon, Stimson is an Oregon corporation with its principal place of business in Oregon. It negotiated the insurance contracts with Oregon brokers. In addition, the product at issue was manufactured in Oregon. Thus, if there were a conflict between Oregon and California law regarding interpretation of insurance contracts, Oregon law would apply to this action.
| CASELAW |
Gary Bernstein
Gary Bernstein is an American photographer and author.
Early life and career
Bernstein was born in Washington DC, and graduated from Penn State University with a degree in Architecture. In the 1970s, Bernstein served as an editorial photographer for Harper's Bazaar and Esquire Magazine. Bernstein also received honorary degrees from the Brooks Institute and the Smithsonian Institution.
Photography
Bernstein has operated studios in New York City, Los Angeles, and Chicago. In 1982, he became one of only forty members in the Cameracraftsmen of America organization and was named a Master of Contemporary Photography by the Smithsonian Institution in the early 1980s. In 1984, Bernstein's book Pro Techniques of People Photography was reviewed by Alex Thien of The Milwaukee Sentinel, who wrote of his instruction technique. In 1985, Maria C. Phillips published a broad overview of Bernstein's career.
Bernstein's fashion and commercial photographs have appeared in Vogue, Harper's Bazaar, Esquire, Gentleman's Quarterly, and Playboy. His Commercial clients included, "Revlon, Fabergé, Avon, Max Factor, Pirelli, Hart, Schaffner and Marx, Jean Paul Germain, Virgin Island Rum, and Pierre Cardin." During his career, Bernstein has clicked photographs for celebrities including, "Kenny Rogers, Victoria Principal, Johnny Carson, Farrah Fawcett, Linda Gray, Valerie Perrine, Larry Hagman, Lee Majors, Dyan Carron, Ali MacGraw, Björn Borg, Reggie Jackson, and Natalie Wood." He had also photographed Cybill Shepherd, Linda Evans, Paul Newman, and Joan Collins.
However, he is perhaps best known for his photographs of Elizabeth Taylor, used frequently for commercial use. He also supported AIDS charities alongside Taylor in the late 1980s. In 1988, a photograph of Taylor taken by Bernstein was featured on the cover of Orange Coast and that same year photographs of Taylor taken by Bernstein for Taylor's perfume line were used in a national advertising campaign. He also took a photograph of Taylor that was featured on the cover of People Magazine in 1990. Zoom Magazine described Bernstein as Taylor's "favorite photographer". He was introduced to Taylor by Robert Wagner, and Taylor became one of Bernstein's first celebrity clients. In 1989, Woman's Own labeled Bernstein the most sought-after celebrity photographer in the world, and reporting that he earned more than $1 million per year in fees and royalties. That year he also photographed Maureen Reagan for the cover of her memoir First Father, First Daughter. His photographs has been on the covers of books by Jay Leno, Danielle Steel, Kathie Lee Gifford, and Wilhelmina Cooper.
Later career
Bernstein continued to take celebrity photographs and photographs for international ad campaigns. In 1994, Bernstein also took the photo for the cover of Joan Collins' memoir My Secrets. In 1997, he produced a CD-rom entitled Secrets of Professional Photography, a how-to instructional program on photography using celebrity pictures as a guide. In the early 2000s, Bernstein co-created the website Zuga.net with Monte Zucker, a co-author of Bernstein's second book Four Photographers to attract young people into the photography profession and teach them photographic techniques.
Bernstein also provides public and academic lectures on the subject of photography. In December 2013, he presented a lecture entitled "A Light on Life: The Art of Photography" at Palmer Museum of Art for the Penn State School of Visual Arts. His recent clients have included Revlon, American Express, Cartier, and Ford. On May 15, 2014, an exhibition of Bernstein's celebrity photography was put on sale at the Grumman Gallery in New York City. He has also produced network programming and is the Content Producer for The American Health Journal and other shows on PBS, and as of 2015 has half a million books in print. His work has been sold to private collections, and also installed in the Museum of Modern Art.
Books
* Four Photographers, (Trinity Publishing, 1983)
* Pro Techniques of People Photography, (HP Books, 1984)
* Ten Secrets for Taking Dynamic Photographs, (HP Books, 1988) with foreword by Johnny Carson
* The Glamorous World of People Photography, (Marathon Pr Inc, 1997) with foreword by Jay Leno
* Ten Secrets for Taking Dynamic Photographs, (HP Books, 1988) with foreword by Johnny Carson
* The Glamorous World of People Photography, (Marathon Pr Inc, 1997) with foreword by Jay Leno
* The Glamorous World of People Photography, (Marathon Pr Inc, 1997) with foreword by Jay Leno
Personal life
Bernstein married Ford model Kay Sutton York. She collaborated on Bernstein's first book Burning Cold with Bernie Taupin. | WIKI |
Paul Allen's legacy includes a virtual reality "Holodome"
The TED conference often serves as a preview for where the virtual reality industry is going. This year, it's all about entering immersive VR domes rather than strapping on a headset. Why it matters: Destination VR, despite its promise, has struggled financially, with IMAX closing many of the locations it had opened. Paul Allen's company Vulcan is seeking new partners as it debuts new experiences for its Holodome at TED. The centerpiece of the dome movement is Holodome, which was a pet project of the late Microsoft co-founder. At TED, Vulcan debuted 2 new experiences: one is a live-action film that takes you to the top of Mount Everest and another takes you inside the Impressionist works of Claude Monet as you step inside the artist's world. The video is not just all around you, but also above you and at your feet. My thought bubble: Both new exhibits do exactly what good VR should — that is, convincingly take you to a place you couldn't go, somewhere either inaccessible, like Everest, or unreal, as with Monet. Details: The centerpiece of the technology is 4 very-high-resolution projectors. There are 2 Holodomes already in the wild, one that was used for consumers at the Museum of Popular Culture (MoPop) in Seattle and another in Venice, California, where Vulcan has been showing the technology to creators. At MoPop, 40,000 consumers have been through the Holodome since last May. Pros: It's a more social experience — you don't have to strap anything on. Unlike VR, which is usually limited to those 13 and over, Holodome itself is suitable for all ages. Also, it's easily transformed to multiple experiences. Cons: While immersive, you don't feel quite as transported as in goggles-style VR given the hole for the projector and the fact you see shadows on your shoes and clothes. Like other destination VRs, it's expensive, with units currently costing on the order of hundreds of thousands of dollars. Meanwhile, Holodome also has a little cousin in the form of a cement dome used by TED sponsor DuPont. While the resolution is less and the content is computer generated and more promotional, there are a couple things to note including its use of haptics as well as its smoother construction, eliminating the visible seams inside the larger Holodome. The bottom line: Holodome is captivating, but translating such experiences to business success has proven tougher than expected. Vulcan is wise to be seeking partners to help it bring the technology to market. | NEWS-MULTISOURCE |
Is it safe to take baths while pregnant?
It’s fine to take baths while you’re pregnant as long as the water isn’t too hot. High temperatures, especially early in pregnancy, have been associated with increased risk of neural tube defects. That’s why saunas, steam baths, and body immersion in hot tubs are not recommended during pregnancy.
Can baths cause miscarriage?
Water should not be hot enough to raise your core body temperature to102°F for more than 10 minutes. Taking a bath in excessively hot water can cause several health issues like: -It may cause a drop in blood pressure, which can deprive the baby of oxygen and nutrients and can increase the risk of miscarriage.
Why is a hot bath bad for pregnancy?
While it’s fine to take a warm bath while you’re pregnant, water that is too hot can reduce the blood flow to your baby, which can cause distress. The temperature of your bath water shouldn’t be higher than 98 degrees Fahrenheit.
How long can a pregnant woman sit in a warm bath?
Experts recommend limiting your use of a hot tub, sauna, or steam bath during pregnancy to less than 10 minutes at a time, or forgoing them altogether, especially in the early weeks. These activities can raise your body temperature to a level that can be dangerous for your developing baby.
IT IS SURPRISING: Can I take baby out of car seat while driving?
Can I use bubble bath while pregnant?
Do not use bath salts, bubble baths, or any products containing BPA liners, phthalates, etc. These chemicals can alter your vaginal pH and lead to the development of vaginal thrush. Similarly, eliminate bath oils from your daily routine as they may cause allergic reactions, early labor, or even miscarriage.
How do I know if my bath is too hot while pregnant?
If you begin to feel overheated, take a cool shower — or one that’s no warmer than 100°F (37.8°C), to lower your core temperature. Signs of overheating include feeling hot, sweating, and red skin. More serious signs of overheating are dizziness, nausea, falling down, or fainting.
Are hot showers OK for pregnancy?
Whilst precautions do need to be taken around the temperature of the water, having regular warm showers whilst pregnant is perfectly safe.
Can I take an Epsom salt bath while pregnant?
Pregnant women can use Epsom salt while soaking in a tub. Epsom salt dissolves very easily in water. Many athletes use it in the bath to relieve sore muscles. They swear that it helps muscles recover after a hard workout.
Can you lie on your back in the bath when pregnant?
You should also avoid sleeping on your back, as it constricts your breathing and hinders circulation to your lower half. The best sleeping position during pregnancy is on your side. Although either side is fine, experts believe that sleeping on your left side is best for blood circulation.
Is it OK to drink water with lemon while pregnant?
Lemon consumption can help relieve nausea and vomiting during pregnancy and is generally a safe option. However, women planning to treat pregnancy effects with lemon should speak to their healthcare provider first. People can consume lemon in the forms of tea, water and lemon mixtures, and fresh lemon juice.
IT IS SURPRISING: Do you put a disposable diaper under a swim diaper?
What things should be avoided during pregnancy?
Here are 11 foods and beverages to avoid or minimize while pregnant.
• High mercury fish. Mercury is a highly toxic element. …
• Undercooked or raw fish. This one will be tough for you sushi fans, but it’s an important one. …
• Undercooked, raw, and processed meat. …
• Raw eggs. …
• Organ meat. …
• Caffeine. …
• Raw sprouts. …
• Unwashed produce. | ESSENTIALAI-STEM |
Protests erupt after New Jersey cop found not guilty in teen's beating | TheHill
Protesters marched on Sunday night in New Jersey after a white police officer was found not guilty of assaulting a black teenager. Between 50 and 100 people took to the streets to oppose the verdict in the case of Carteret Police officer Joseph Reiman, who was acquitted on Friday in a Middlesex County Superior Court, news site NJ.com reported. “The residents are tired and fed up,” said protester Fred Gattuso. “There were a lot more people that weren’t there from this town that are fed up with what’s going on here. ... We need justice for Monte and all of the victims of Joe Reiman, and this needs to be the last.” Gattuso, a former mayoral candidate, told the outlet that more marches are planned, including at future council meetings. The charges stemmed from a May 2017 altercation between Reiman and victim Monte Stewart, who was 16 at the time. Reiman testified he trailed the teenager because he was speeding and quickly turned after passing the marked patrol car, NJ.com reported. The teen reportedly sped away when Reiman attempted to pull him over before crashing into a guard wire for a utility pole. Stewart testified that he slammed on the gas by accident when the cop turned on the emergency lights. He said he was worried about being pulled over because his father didn’t know he had taken the car to visit his girlfriend's house. Footage recorded on Reiman’s dashboard camera appears to show the teenager heading toward the ground when the officer pounced on him and struck him repeatedly. The officer claimed that the use of force was necessary because the teenager wasn’t allowing him to cuff his hands. Stewart, however, said that he was trying to shield his face from the police officer’s blows, NJ.com reported. Reiman, the younger brother of longtime Mayor Daniel Reiman, had been charged with aggravated assault, official misconduct and falsifying a police report, but was found not guilty by the jury. Stewart’s father, Russel Stewart, erupted in the courtroom when the verdict was read. “He beat my son,” Russel Stewart yelled. “It’s always the white police that get away. We’re going to die out here.” There are also three pending lawsuits against the officer for alleged excessive use of force. The outlet noted Monte Stewart’s civil lawsuit against the officer and the borough of Carteret is still pending. View the discussion thread. The Hill 1625 K Street, NW Suite 900 Washington DC 20006 | 202-628-8500 tel | 202-628-8503 fax The contents of this site are ©2019 Capitol Hill Publishing Corp., a subsidiary of News Communications, Inc. | NEWS-MULTISOURCE |
Prevalence, time course and malignancy of ventricular arrhythmia during spontaneous ischemic ST-segment depression Academic Article Article uri icon
Overview
MeSH Major
• Cardiac Pacing, Artificial
• Tachycardia, Ventricular
abstract
• Ventricular arrhythmias during transient myocardial ischemia were studied in 60 patients with spontaneous angina and greater than or equal to 1 ischemic attack with ST-segment depression during 24-hour ambulatory electrocardiography. The patients were divided into 2 groups: group 1, 10 patients (17%) who developed ventricular arrhythmias during 26 of 92 (28%) ischemic attacks; and group 2, 50 patients who did not show this phenomenon. Daily ischemic attacks, total ischemic time and the proportion of symptomatic ischemic attacks were significantly greater (p less than 0.01) in group 1 versus group 2. In group 1 patients, ischemic attacks were found to have twice the duration in the presence of arrhythmias than in their absence (20.4 +/- 11.9 vs 9.1 +/- 8.4 minutes, p less than 0.01); arrhythmias were more common during symptomatic than during silent ischemic attacks (39 vs 13%, p less than 0.02). Arrhythmias occurred at the onset or peak of ST-segment depression (ischemia phase) in 6 cases (60%), during the resolution of ST-segment depression (recovery phase) in 2 cases (20%) and during both phases of ischemic attacks in the remaining 2 (20%). When compared to recovery phase arrhythmias, ischemia phase arrhythmias were characterized by a later onset time (173 +/- 144 vs 58 +/- 54 seconds, p less than 0.01) and a longer duration (105 +/- 107 vs 41 +/- 22 seconds, p less than 0.01). During the ischemia phase, 16 of 353 ventricular premature complexes initiated ventricular tachycardia, while during the recovery phase only 1 of 161 ventricular premature complexes resulted in ventricular tachycardia (4.5 vs 0.6%, p less than 0.02). Thus, ventricular arrhythmias may accompany spontaneous ischemic ST-segment depression, when the latter is recurrent, prolonged and symptomatic; arrhythmias are characterized by a greater frequency, duration and malignancy during the ischemia phase than during the recovery phase of ischemic attacks.
publication date
• October 15, 1989
Research
keywords
• Academic Article
Identity
Digital Object Identifier (DOI)
• 10.1016/0002-9149(89)90839-4
PubMed ID
• 2801559
Additional Document Info
start page
• 900
end page
• 4
volume
• 64
number
• 14 | ESSENTIALAI-STEM |
Xantippe, Western Australia
Xantippe is a rural locality in Western Australia approximately 220 km north east of Perth and 33 km east of Dalwallinu. It is the only place in Australia whose name starts with an X. In the 2016 census, the population was recorded as 20, in 9 families, of whom 55% were male and 45% female. The median age was 46.
There are two theories about the origin of the name - either it was named for Xanthippe, the wife of ancient Greek philosopher Socrates, or it translates to "looking for water from a deeper well". The locals reportedly favour the second explanation.
The first farms in the area were established in 1925, and a school was operated in the village from 1930 to 1940.
The most notable building in the area is a large water tank, begun in 1923 and completed in 1927, which was originally intended to supply water to Dalwallinu but because of problems with pumping water over the hills it ended up supplying local farms instead.
Surrounding the water tank is the Xantippe Nature Reserve which is a popular spot for tourists, offering 360° degree views from the top of the granite rock.
In 2019 Xantippe was used to represent the letter "X" in a set of collectable Australian one dollar coins. The set included a coin for each letter of the alphabet. | WIKI |
N'Dea Davenport
N'Dea Davenport (born September 22, 1966) is an American singer, songwriter, dancer and producer. She was the lead vocalist in the UK acid jazz band The Brand New Heavies and made pioneering contributions to the genre of acid jazz.
Career
Her diverse projects include collaborations with music producers and artists, such as Mark Ronson, Louie Vega, Roger Sanchez, Guru’s Jazzmatazz, Madonna, Natalie Merchant, Mos Def, Sly and Robbie, J Dilla, and Malcolm McLaren. Dance scholarships, acting and music were the core of her developments as an artist and entertainer. Immediately after finishing college, she left her then home of Atlanta, Georgia, en route to Los Angeles. There she engaged in theatrical productions and commercial music video and was embraced by artists in both art, music and popular culture. Her legacy as an artist began also with her involvement in the burgeoning Los Angeles underground club and rave scene in the late 1980s and early 1990s.
Working simultaneously as a dance artist and recording and commercial studio session singer, Davenport was soon connected with Fab Five Freddy, who recommended her to a DJ friend at new upstart label Delicious Vinyl. Eurythmics member and producer Dave Stewart offered Davenport a recording contract a year prior when introduced through a collaboration with Bootsy Collins and Malcolm McLaren, where she was featured on McLaren's Waltz Darling LP. She declined Stewart’s offer at the time due to his requirement for her to relocate to London, England. Later to ink a solo development deal with Delicious Vinyl, who made introductions to her future bandmates, The Brand New Heavies who at the time had no singer. With the core band members based in London, she decided to relocate there.
The band’s initial UK indie label Acid Jazz Records, struck a deal with London Records for distribution in Europe and the rest of the world. During this period, the band produced a string of international albums and singles, invigorating a global movement and popularized the musical term known as acid jazz. Parallel to this, Davenport completed work on Guru's Jazzmatazz, Vol. 1, with Guru.
In 1995, Davenport left the group citing irreconcilable differences, returning to the US and choosing New Orleans as a home base while she pursued other collaborations, and completed work on her solo recording with Delicious Vinyl. Encouragement received from her associate and record producer Daniel Lanois, resulted in the completion of her debut solo effort as producer, all except for four songs, produced by Dallas Austin. While her association with Delicious Vinyl was dissolving, Davenport's project was picked up by the newly formed label owned by Sir Richard Branson. In 1998, her self-titled debut solo recording on V2 Records was released. She toured extensively in support of the album, around Europe, North America and Australia and with the concert series Lilith Fair. When the relationship at V2 came to an end she continued musically primarily focusing on European dance music projects.
Davenport held residency in New Orleans but lived primarily in New York City. Her diverse musical tastes led to an eventual stance as a New York club DJ, and she continues to DJ on special events around Asia. In 2006, she re-emerged once more with the Brand New Heavies for one last album release of Get Used To It. Her latest project is with collaborator Katsuya Everywhere in the multi-media based electronic and acoustic duo Celectrixx, which was conceived in Japan.
Discography
* Solo album
* N'Dea Davenport (1998)
* The Brand New Heavies albums
* The Brand New Heavies (1990)
* Heavy Rhyme Experience, Vol. 1 (1992)
* Brother Sister (1994)
* Get Used to It (2006) | WIKI |
Brett Gurewitz
Brett W. Gurewitz (born May 12, 1962), nicknamed Mr. Brett, is an American musician and record producer best known as the co-founder and guitarist of the punk rock band Bad Religion. He is also the owner of the music label Epitaph Records and a number of sister labels. He has produced albums for Bad Religion as well as Epitaph Records labelmates NOFX, Rancid, and Pennywise, among others. Gurewitz also had a project called Error, which also featured Atticus Ross, Leopold Ross, and Greg Puciato. He is also the co-founder of comic book and graphic novel publisher, Black Mask Studios.
Gurewitz founded Bad Religion in 1980 with Greg Graffin, Jay Bentley and Jay Ziskrout. After releasing two albums and one EP, Gurewitz left Bad Religion in 1983, but rejoined three years later, and recorded five more albums with the band before they signed to Atlantic Records in 1993. The success of his record label Epitaph prompted Gurewitz to leave Bad Religion once again in 1994, and run the label on a full-time basis. During his hiatus from Bad Religion, he released the "Hate You" single in 1996 with his one-off project Daredevils, and entered a period of drug addiction. By 1999, Gurewitz had successfully completed drug rehabilitation, and two years later he rejoined Bad Religion, appearing on six more studio albums with them.
Bad Religion
Then-18-year-old Brett Gurewitz formed Bad Religion in Woodland Hills in 1980 with Greg Graffin (vocals), Jay Ziskrout (drums) and Jay Bentley (bass). All four attended El Camino Real High School. Soon after, they began writing songs and played their first ever concert, as warm-up for Social Distortion. In 1981, Bad Religion recorded a six-song self-titled EP, which was initially released in a 7" format, and soon afterward re-issued as a 12". Compact cassettes were also produced, but they are rare.
Bad Religion's first full-length album, How Could Hell Be Any Worse?, was released in 1982. When recording sessions commenced, Ziskrout soon left the band and was replaced by Pete Finestone. Cited as one of Bad Religion's most important works, How Could Hell Be Any Worse? was financed by a $3,000 loan from Gurewitz's father. Its success surprised the band when it sold 10,000 copies in under a year. The sound of the record was vastly improved from the self-titled EP. Although not yet credited as a member of the band, Greg Hetson (of Circle Jerks fame) did a guitar solo on "Part III".
Bad Religion released their second full-length, Into the Unknown, in 1983, but were less successful, due to the album's poor production. It was a major change from their previous style, delving into progressive rock heavy in keyboards. While recording one song, Bentley and Finestone left the band and were replaced by Paul Dedona on bass and Davy Goldman on drums. The album, Into the Unknown is out of print, but is included in their 30th anniversary box set.
After the release of Into the Unknown, Bad Religion broke up, but reformed (without Gurewitz) to produce the 1985 EP Back to the Known. The EP features the return of the band's punk rock roots, although also reflecting influences of then current acts such as Hüsker Dü and The Descendents. Soon after, Bad Religion went on hiatus again.
After the How Could Hell Be Any Worse? line-up (also including Hetson) reunited in 1986, Bad Religion released their highly acclaimed album Suffer in 1988. The album was a comeback for Bad Religion as well as a watershed for the Southern California punk sound popularized by their label Epitaph Records, owned by Gurewitz. The reunion line-up recorded two more highly acclaimed albums, No Control (1989) and Against the Grain (1990), before Finestone left the group in early 1991.
Bad Religion replaced Finestone with Bobby Schayer, then recorded their next album, Generator, which was already completed in the spring of 1991, but was forced to delay its release until a year later. For the album, Bad Religion also filmed their first music video "Atomic Garden", which was also their first song to be released as a single. In 1993, the band left their original label Epitaph Records and signed to Atlantic Records, who released their next album Recipe for Hate. While moderately successful, this was the first Bad Religion album to reach any Billboard charts and two videos for the album, "American Jesus" and "Struck a Nerve", were made.
Bad Religion rose to fame with their next album, 1994's Stranger Than Fiction, including their well-known hits "Infected" and "21st Century (Digital Boy)", which are also often considered concert staples. After the album was completed, Gurewitz soon left Bad Religion to concentrate on the future of Epitaph, citing the increasing amount of time he was spending at Epitaph's offices as The Offspring became one of the biggest bands of the mid-1990s. Gurewitz was replaced by Brian Baker during the Stranger Than Fiction tour and Bad Religion recorded two albums without him.
In 1999, after a five-year hiatus from the band, Gurewitz reunited with Graffin and co-wrote the song "Believe It", which appeared on Bad Religion's 11th album The New America (2000). Two years later, after parting ways with Atlantic Records, Gurewitz was officially back in the band and Bad Religion resigned to Epitaph. Schayer also left the band during the time and was replaced by Brooks Wackerman. Now as a six piece, Bad Religion recorded and released the albums The Process of Belief (2002), The Empire Strikes First (2004), New Maps of Hell (2007), The Dissent of Man (2010), and True North (2013), the latter featuring his only contribution as a lead vocalist on the track Dharma and the Bomb. Due to his commitments with Epitaph Records, Gurewitz rarely performs live with the band and restricts his input to songwriting and recording. He does perform occasional live appearances with the band at shows close to his hometown Los Angeles (e.g. he appears on the band's DVD Live at the Palladium).
Error
In 2003, Gurewitz was recruited by 12 Rounds member and Nine Inch Nails collaborator Atticus Ross and his younger brother Leopold to play guitar and bass in an electro-hardcore project called Error. Their only release to date is a self-titled EP, which was in 2004. Following the release of the EP, Error was reported to be looking for a full-time vocalist for touring and a full-length debut; however, the future of the project has been a topic for discussion on many internet message boards. In 2005, Error recorded one new song, "Wild World", that appears on a tribute album to The Birthday Party called Release the Bats: The Birthday Party as Heard Through the Meat Grinder of Three One G, which was released on April 4, 2006. Error has been on hiatus since and it is unclear whether the project will return anytime in the future.
Personal life
Gurewitz grew up in Woodland Hills, Los Angeles, where he was brought up Jewish.
In 1997, Gurewitz temporarily left Epitaph to undergo treatment for addiction. He is married to Gina Davis, who had worked at Epitaph, and they live in California. He is a deist. | WIKI |
comparison test/hotspot/jtreg/vmTestbase/nsk/stress/jni/libjnistress001.cpp @ 53223:bd8c721954a4
8210242: vmTestbase/nsk/stress/jni/jnistress001.java crashes with EXCEPTION_ACCESS_VIOLATION on windows-x86 Summary: Non-NUL-terminated string was passed to %s - use %.*s to specify the actual length. Reviewed-by: lfoltan, hseigel
author dholmes
date Thu, 25 Oct 2018 19:12:39 -0400
parents 79dc492c00ab
children 52be2c714a2f
comparison
equal deleted inserted replaced
1:f1eb055faa62 2:366e22a2463f
64 jclass clazz; 64 jclass clazz;
65 jmethodID methodID; 65 jmethodID methodID;
66 66
67 env->MonitorEnter(jobj); CE 67 env->MonitorEnter(jobj); CE
68 if (!allocs) { 68 if (!allocs) {
69 element = (CHAR_ARRAY *)malloc(sizeof(CHAR_ARRAY)); 69 element = (CHAR_ARRAY *)c_malloc(env, sizeof(CHAR_ARRAY));
70 element->str = (const char **)malloc(nstr*sizeof(const char *)); 70 element->str = (const char **)c_malloc(env, nstr*sizeof(const char *));
71 element->checkstr = (char **)malloc(nstr*sizeof(char *)); 71 element->checkstr = (char **)c_malloc(env, nstr*sizeof(char *));
72 for (j=0;j<nstr;j++) 72 for (j=0;j<nstr;j++)
73 element->checkstr[j] = (char *)malloc(DIGESTLENGTH*sizeof(char)); 73 element->checkstr[j] = (char *)c_malloc(env, DIGESTLENGTH*sizeof(char));
74 } 74 }
75 for(j=0;j<DIGESTLENGTH;j++) { 75 for(j=0;j<DIGESTLENGTH;j++) {
76 digest[j]=0; 76 digest[j]=0;
77 } 77 }
78 element->str[allocs] = env->GetStringUTFChars(jstr,0); CE 78 element->str[allocs] = env->GetStringUTFChars(jstr,0); CE
146 unsigned char digest[DIGESTLENGTH]; 146 unsigned char digest[DIGESTLENGTH];
147 static int index=0; 147 static int index=0;
148 static long len=0; 148 static long len=0;
149 static unsigned int equal=1; 149 static unsigned int equal=1;
150 char *elem; 150 char *elem;
151 int elem_len = -1;
151 152
152 const char *clsName = "nsk/stress/jni/JNIter001"; 153 const char *clsName = "nsk/stress/jni/JNIter001";
153 const char *name="setpass"; 154 const char *name="setpass";
154 const char *sig="(Z)V"; 155 const char *sig="(Z)V";
155 const char *halt="halt"; 156 const char *halt="halt";
158 jclass clazz; 159 jclass clazz;
159 jmethodID methodID; 160 jmethodID methodID;
160 161
161 env->MonitorEnter(jobj); CE 162 env->MonitorEnter(jobj); CE
162 if (!index) { 163 if (!index) {
163 javachars = (JCHAR_ARRAY *)malloc(sizeof(JCHAR_ARRAY)); 164 javachars = (JCHAR_ARRAY *)c_malloc(env, sizeof(JCHAR_ARRAY));
164 javachars->str = (const jchar **)malloc(nstr*sizeof(const jchar *)); 165 javachars->str = (const jchar **)c_malloc(env, nstr*sizeof(const jchar *));
165 javachars->checkstr = (char **)malloc(nstr*sizeof(char *)); 166 javachars->checkstr = (char **)c_malloc(env, nstr*sizeof(char *));
166 javachars->size = (int *)malloc(nstr*sizeof(int)); 167 javachars->size = (int *)c_malloc(env, nstr*sizeof(int));
167 for (j=0;j<nstr;j++) 168 for (j=0;j<nstr;j++)
168 javachars->checkstr[j] = (char *)malloc(DIGESTLENGTH*sizeof(char)); 169 javachars->checkstr[j] = (char *)c_malloc(env, DIGESTLENGTH*sizeof(char));
169 } 170 }
170 for(j=0;j<DIGESTLENGTH;j++) { 171 for(j=0;j<DIGESTLENGTH;j++) {
171 digest[j]=0; 172 digest[j]=0;
172 } 173 }
173 javachars->str[index] = env->GetStringChars(jstr,0); CE 174 javachars->str[index] = env->GetStringChars(jstr,0); CE
174 javachars->size[index] = env->GetStringUTFLength(jstr); CE 175 javachars->size[index] = env->GetStringUTFLength(jstr); CE
175 len += javachars->size[index]; 176 elem_len = javachars->size[index];
176 elem = (char*) malloc(javachars->size[index]*sizeof(char)); 177 len += elem_len;
177 for (j=0; j < javachars->size[index]; j++) { 178 elem = (char*) c_malloc(env, elem_len*sizeof(char));
179 for (j=0; j < elem_len; j++) {
178 elem[j] = (char) javachars->str[index][j]; 180 elem[j] = (char) javachars->str[index][j];
179 } 181 }
182
180 //memcpy(digest, elem, javachars->size[index]); 183 //memcpy(digest, elem, javachars->size[index]);
181 for(j=0;j<javachars->size[index]; j++) { 184 for(j=0;j<elem_len; j++) {
182 digest[j % DIGESTLENGTH]+=elem[j]; 185 digest[j % DIGESTLENGTH]+=elem[j];
183 } 186 }
184 memcpy(javachars->checkstr[index++],digest,DIGESTLENGTH); 187 memcpy(javachars->checkstr[index++],digest,DIGESTLENGTH);
185 if (index%printperiod==0) { 188 if (index%printperiod==0) {
186 printf("Check string sum for thread %s is ",elem); 189 printf("Check string sum for thread %.*s is ", elem_len, elem);
187 for (j=0;j<DIGESTLENGTH;j++) 190 for (j=0;j<DIGESTLENGTH;j++)
188 printf("%02x", digest[j]); 191 printf("%02x", digest[j]);
189 printf("\n"); 192 printf("\n");
190 } 193 }
191 free(elem); 194 free(elem);
192 if (index==nstr) { 195 if (index==nstr) {
193 printf("JNI Unicode strings memory=%ld\n",len); 196 printf("JNI Unicode strings memory=%ld\n",len);
194 tmpstr=env->NewString(javachars->str[index-1],javachars->size[index-1]); CE 197 tmpstr=env->NewString(javachars->str[index-1],elem_len); CE
195 for (j=0; j<nstr; j++) { 198 for (j=0; j<nstr; j++) {
196 elem = (char*) malloc(javachars->size[j]*sizeof(char)); 199 elem = (char*) c_malloc(env, javachars->size[j]*sizeof(char));
197 for (i=0; i < javachars->size[j]; i++) { 200 for (i=0; i < javachars->size[j]; i++) {
198 elem[i] = (char) javachars->str[j][i]; 201 elem[i] = (char) javachars->str[j][i];
199 } 202 }
200 //memcpy(digest, elem, javachars->size[j]); 203 //memcpy(digest, elem, javachars->size[j]);
201 for(i=0;i<DIGESTLENGTH;i++) { 204 for(i=0;i<DIGESTLENGTH;i++) {
235 //methodID=env->GetStaticMethodID(clazz, halt, haltSig); CE 238 //methodID=env->GetStaticMethodID(clazz, halt, haltSig); CE
236 //env->CallStaticVoidMethod(clazz, methodID); CE 239 //env->CallStaticVoidMethod(clazz, methodID); CE
237 return(tmpstr); 240 return(tmpstr);
238 } 241 }
239 env->MonitorExit(jobj); CE 242 env->MonitorExit(jobj); CE
240 return(env->NewString(javachars->str[index-1],javachars->size[index-1])); 243 return(env->NewString(javachars->str[index-1],elem_len));
241 } 244 }
242 245
243 } 246 } | ESSENTIALAI-STEM |
The Brain Cancer That Keeps Killing Baseball Players
On Baseball PHILADELPHIA — Since Darren Daulton succumbed to brain cancer on Aug. 6, heartfelt tributes have honored the way he led a raucous Phillies team to the World Series in 1993. And unanswered questions have surfaced about the way he died. Daulton and several prominent contemporaries in baseball — including at least three other Phillies who played at Veterans Stadium, the team’s home from 1971 to 2003 — have died of glioblastoma, according to news media accounts. It is considered the most aggressive and frequently diagnosed form of malignant brain tumor. Researchers who have examined the baseball cases for years say there is insufficient evidence to determine whether they represent anything more than coincidence. Possible cancer clusters are notoriously hard to prove. Most of the time, upon rigorous examination, no cause can be identified and the cases are considered random. “There is almost never an explanation for them,” said Timothy R. Rebbeck, a cancer epidemiologist at Harvard and the Dana-Farber Cancer Institute who has studied the Phillies cases. Still, Phillies from that era are curious, some even unnerved, about whether there is any connection between brain cancer and baseball. In particular, they wonder if there is any association with Veterans Stadium, which was built on marshland and was demolished in 2004. “I’m concerned about it,” said Larry Bowa, the Phillies’ bench coach, who joined the team as a player in 1970 and has spent much of his professional career here as a shortstop, manager and coach. “It raises your eyebrows, no question. It’s sort of scary.” Larry Andersen, who pitched for Philadelphia in the 1983 and 1993 World Series and is now a radio commentator for the team, said: “You can’t help but think about it. It would be nice if there were some answers, if nothing else for going forward. But nobody knows anything. It’s frustrating.” They spoke Thursday as the Phillies played their first home game since Daulton died. His No. 10 jersey hung in the dugout at Citizens Bank Park. Before a moment of silence, the public address announcer told the crowd that Daulton, a three-time All-Star catcher, had “battled valiantly against the illness that took him far too young” at age 55. It was impossible not to think about what had caused Daulton’s death and whether there was some unexplained correlation with baseball. But John Kruk, a Phillies television commentator who was Daulton’s teammate from 1989 to ’94, said he tried not to let his mind wander in that direction. “If I thought about it, I’d go crazy,” he said. Other former Phillies who also reportedly died of glioblastoma since 2003 were reliever Tug McGraw at age 59, infielder John Vukovich at 59 and catcher Johnny Oates at 58. Ken Brett, a pitcher who played in Veterans Stadium for one season, died at 55 of a brain cancer that has been identified in some news accounts as glioblastoma. That same type of cancer is reported to have claimed the lives of other notable major league players, as well as a manager, from the same era: the Hall of Fame catcher Gary Carter at 57, outfielder Bobby Murcer at 62, reliever Dan Quisenberry at 45 and manager Dick Howser at 51. Brett, Quisenberry and Howser spent part of their careers in Kansas City, where the baseball park at that time, like Veterans Stadium, had artificial turf. Some former Phillies wonder whether chemicals in those early versions of synthetic turf could have increased the risk of brain cancer, but scientists say they know of no research that supports that theory. Dr. Cory M. Franklin, a Chicago internist who has written about the cancer cases in baseball, said Major League Baseball and the players’ union should enlist epidemiologists and statisticians to examine whether the malignancies were workplace related. He also said that they should create an extensive registry of players and their causes of death. “I think they should be a little more sensitive to this problem,” Dr. Franklin said. “There may be more problems like it.” Major League Baseball declined to make Dr. Gary A. Green, its medical director, available for an interview. The players’ union also declined to comment. In 2013, when Daulton learned he had glioblastoma, The Philadelphia Inquirer did an analysis of 533 players who wore a Phillies uniform during the 33 seasons the team played at Veterans Stadium. The brain cancers of Daulton, McGraw, Vukovich and Oates appeared to represent an occurrence that was about three times the rate of the general male population, the analysis concluded. But the study had limitations related to adjusting for age and yearly cancer rates. Professor Rebbeck, the Harvard epidemiologist, was then at the University of Pennsylvania, and he assisted in the study. He told The Inquirer that the seemingly elevated risk to baseball players could have resulted from chance. In an interview after Daulton’s death, Professor Rebbeck said scientists still did not know much more. “It’s either just random chance bad luck or there is something there, but we just don’t have the science to pick it out yet,” he said. The baseball deaths fit within established patterns in the general population: Glioblastoma is more common among men than women, and the risk increases with age. The scrutinized baseball deaths have occurred within the highest-risk age range of 45 to 70, according to the American Association of Neurological Surgeons. An estimated 12,390 new cases of the cancer were expected this year, according to the American Brain Tumor Association. Researchers also note that while the players’ cancers have been identified as glioblastomas in news media accounts, all may not, in fact, have been identical tumors. Many other variables make it difficult to make a connection between baseball and brain cancer. Among the former Phillies who died, not all played together at Veterans Stadium or remained with the team for the same length of time. The Philadelphia Eagles played and often practiced in the stadium, on the same artificial surface, but the N.F.L. team has reported no unusual occurrence of brain cancer. “Can I tell you definitely there is no relationship between baseball and brain tumor formation? No, nobody can do that,” said Dr. Henry S. Friedman, a neuro-oncologist at Duke University who treated McGraw and Carter. “But,” he added, “can I tell you definitively that there is a relationship, that there is something about baseball and the formation in their players of brain tumors? No.” There is simply not enough data “by a long shot,” Dr. Friedman said, to make any observation other than that “there is seemingly a large number of brain tumors in patients who have played professional baseball. Beyond that, nobody really knows if there is a connection. And nobody would have an easy means of proving a connection.” Melissa L. Bondy, a brain tumor epidemiologist at the Baylor College of Medicine in Houston, said that the deaths of the former Phillies players seemed “to be beyond a coincidence,” but that until more research was done, “we don’t know for sure.” Still, Daulton’s death from glioblastoma has renewed speculation about the possibility of baseball-related causes like concussions, chewing tobacco and pesticides. But no definitive link has been made between these things and brain cancer, scientists said. In 2009, Daulton told a radio interviewer, “There’s probably no one in any sport that has taken more drugs than I have.” But he did not name the drugs. And there has been no authoritative connection, for instance, between muscle-building anabolic steroids and brain cancer. “I think Darren’s passing has created a conversation,” said Jennifer Brusstar, the president and chief executive of the Tug McGraw Foundation. Her husband, Warren, pitched for the Phillies from 1977 to ’82. “Let’s look into this and see if there is anything” connecting baseball and cancer, she said. “If there’s not, let’s move on.” Mickey Morandini, the Phillies’ first-base coach, who played in the 1993 World Series with the team, said that, like others, he wondered about any possible correlation. But, if the cancers ever proved to be anything more than coincidence, he said, “I don’t know if I’d rather know or not.” Because of an editing error, an earlier version of a picture caption with this article misstated the year Tug McGraw and the Phillies won the World Series against the Kansas City Royals. It was 1980, not 1983. | NEWS-MULTISOURCE |
Page:History of New South Wales from the records, Volume 1.djvu/440
SHIPS FOR ENGLAND. Despatches sent in tripUcate. Bouteto England— 1788 show ttemselves until it had been carried to a point w&ich 10 July, he had neyer contemplated when drafting his ideas on the subject. The ships were now nearly ready for sea, and Phillip wrote final letters to Sydney and Nepean a few days before they sailed. In one to the Under Secretary, he mentions that he had sent three copies of his despaptcHes by difiEerent ships^-^the object being to ensure not only the safety, but the earliest possible delivery, of his corre- spondence. When he wrote by different ships, he was always under a doubt as to whether " the letter last written might not be the first received." There was no means in those days of calculating, with any degree of accuracy, tiie probable time of a ship's arrival in England. As these ships were the first to undertake a voyage from Port Jackson to England, the route by which they were to go became a question of great importance, as well as interest, to all concerned ; and Phillip accordingly took the opinions of the masters on the subject. Of the different routes before them, the southern one by Van Diemen's Land was condemned because the season was too far advanced, while the passage by Cape Horn was objected to by the Governor. It was therefore agreed that they should go to the northward, either through Endeavour Straits — cbs they were then called — or round New Guinea ; although such a course would involve "exploring a passage through an unknown sea perplexed with islands, by men destitute of charts or observations of former navigators.*** By the Alexander, under the care of Liexitenant Shortland, agent for the transports, I have sent despatches for the Right Honourable the Lord Sydney and for yourself, with a rough survey Desptitohes. of Port Jackson. Duplicates of these despatches go by the Friendship under the care of Lieutenant Collins, of the marines^ triplicates of most by the master of the Borrowdale, and a quad- «{tfGape Hon condemned ; md Torres Straits adopted. Straits was considered a matter of so much importance, frcsm a nantioal point of view, that a full account of it» with a chart showing the ship's track to Batavia, was pablished in that work, pp. 186-219. Digitized by Google
* Phillip's Voyage, p. 185. The voyage of the Alexander through the | WIKI |
Heinrich Hohl
Heinrich Hohl (January 19, 1900 – December 29, 1968) was a German politician of the Christian Democratic Union (CDU) and former member of the German Bundestag.
Life
Hohl joined the CDU in 1946 and since then has served as mayor of the community of Erksdorf. He was a member of the German Bundestag from November 3, 1949, when he succeeded Werner Hilpert as deputy, until the end of the first legislative period in 1953. He had entered parliament via the Landesliste Hessen. | WIKI |
Page:Speeches, correspondence and political papers of Carl Schurz, Volume 2.djvu/231
Rh United States in reference to the annexation of San Domingo, principally composed of foreign merchants and consuls; that they had collected a sum of money equal to $8,000, to supply Generals Cabral and Luperon, who appear to be predatory in character and ready to espouse the cause of any party that will pay them and afford them the opportunity of pillaging.
The Nantasket will be dispatched to Puerto Plata immediately, to inquire into the truth of the report and to inform the people of that place who entertain hostile feelings toward the United States of the determination of our Government to protect San Domingo and its present administration.
Does the Senator from Indiana understand that language?
Certainly.
I read next from copy of a dispatch to Rear-Admiral C. H. Poor from Lieutenant Commander F. M. Bunce, commanding the Nantasket, dated Puerto Plata, March 24, 1870:
The morning after this conversation——
With somebody in Puerto Plata——
I called with the consul upon General Caseras, commanding the province and that of Santiago. I asked him if he had any knowledge of an opposition party existing among the foreign merchants here. He said he had heard rumors to that effect, but nothing positive; but he was keeping a lookout upon them. I told him it would be against their interests to aid Luperon, for even if he obtained possession of the city you had a heavy squadron about the island and would drive him out; probably, in doing so, destroying the town and all the property in it.
That was a Dominican town, as the Senator is aware.
That does not change the case.
It does not?
No, sir. | WIKI |
Page:Rambles in New Zealand.djvu/51
up their minds not to stir for the day, on the plea of having walked so far on the preceding one. I wondered at their contumacy, and got very angry with them; especially when I found out that our resting-place was only about ten miles off; so I stormed away for some time, and then proceeded to take more violent measures: at least, so far as to lift one or two of them off the ground, and give them a gentle kick behind at the same time, and a few touches with the strap of my shot-belt. I at last got them all loaded and started a-head, threatening all I could imagine in case they did not follow quickly. As I went on ahead with a new guide, I found out the reason of their unwillingness. The old chief had brought them an immense pig for a feast, and as they had already stuffed as much as they could, they wanted to wait till the evening to kill it, and have another good feed. I looked back from the top of a hill, and saw that they were really on their way, and was satisfied; for when I found out the cause of detention, I feared it would prove too powerful for them to overcome—a pig being as irresistible to a New Zealander as turtle to an alderman, especially when it is to be had for nothing.
On reaching the top of a hill I got the first sight of Towpo, and a splendid sight it was. Much as Mr. Chapman had praised it, its appearance far surpassed his description. Just at the same moment, an opening in the clouds gave me a view of the Peak of Tongadido, covered with snow, and vomiting forth a dense column of smoke. It was only in sight just long enough for me to ascertain that it lay due south; and I did not see it again in the day during the whole time I was on the lake. My guide and I arrived on the shore of Towpo about one o'clock, and after waiting about till three, I began to get alarmed at the non-arrival of my men. Shortly after, a native came to say that we had come wrong, and I had to scramble along the cliffs at the | WIKI |
Microsoft Office/Logging In & Out
Modern computer operating systems support a “multiple account” system, wherein each person using the computer may (but does not necessarily) have their own user account. Having multiple user accounts helps to separate the files and settings of different people who use a computer, while helping to shield it from malicious or inadvertent settings changes.
Every Mac and Windows PC has at least one computer account; some have quite a few more. You are required to create a user account during the initial setup tasks that run the first time you turn on a brand-new computer. Any additional accounts must be manually created following the completion of the initial setup. While discussion of how to create and manage user accounts is outside the scope of this book, knowing how to effectively utilize a computer set up to use multiple accounts is an important part of being a productive employee in today’s modern workplace.
For platform-specific information on how to use user accounts, see the Windows subpage and the Mac subpage. This page discusses conceptual, cross-platform user account topics only. Any Mac- or Windows-specific instructions should go on one of those two pages.
What Is An Account?
Normally, user accounts can only make changes that affect their account only. However, some accounts (called administrator accounts) can modify settings that affect every user on this computer, or even an entire network of computers. If you are the owner of a particular computer, or if you are the one who initially set it up, you most likely have an administrator account. Unless you know otherwise, always assume that your account is not an administrator account. On school or work networks, administrator accounts are usually only given to members of the organization’s IT department.
Accounts are identified by a name. Usually this is a friendly name, like “Janice Smith”, but sometimes it is something more cryptic. For example, while your name might be Janice Smith, you might have to use the name “SmithJ” to log in. So that someone else can’t use your account without your permission, accounts are protected with a password. A password is a secret string of letters, numbers, spaces, and symbols that only you know. If someone else can guess your password, that person can break into your account. User accounts on modern versions of Windows and OS X also have a user picture, but in large networked environments (schools and workplaces), you generally aren’t allowed to choose your own user picture — if you even get one at all.
Logging In
Before you can use a computer set up to use multiple accounts, you must tell the computer who you are (so that you see your files and settings and not someone else’s). This is called logging in. If you walk up to a computer and see someone else’s desktop, the last person to use that computer forgot to log out when they were done. Never use somebody else’s account. This could land both you and whoever owns the account you’re using in deep trouble. Instead, log out first so that their files and settings are secure. Before you can log in, you must know your username and password. If you don’t know either of these facts, consult whoever set up the computer or network you’re trying to use (the computer or network administrator).
Logging Out
When you’re finished using a computer, you should log out before you leave. This ensures that passersby cannot use your computer account without your consent. (As noted above, unauthorized account use can have disastrous consequences in a school or work setting.) When you log out, the computer will close all programs and files that are open at the time. If you have any unsaved files open, you will be prompted to save or discard your changes before the process is complete.
Locking the Screen
If you are leaving your computer unattended for a few minutes (if you need to use the restroom, say), you should not just leave your computer logged in. If you do so, you run the risk of having your user account hijacked, your private files being read, or worse. But what if you don’t want to close everything out just because you’ll be away from your computer for a moment, and then reopen everything when you return? Screen locking was invented for just this very circumstance. When you lock your screen, all your programs remain open, but are hidden. To reshow the desktop, you must enter the password of the user who locked their screen. (The password prompt will state who is currently logged in.) If you can’t provide the correct password, you won’t be given access to the desktop. Screen locking is supported on modern versions of Windows and Mac OS X.
Please be courteous while locking your screen. If you are going to be away from the computer for more than a few minutes, and it is possible that someone else would want to use the computer while you’re gone, please log out fully instead of just locking your screen. (This is especially important in a school setting, where a large number of users share a small number of computers.) If the screen is locked, but the person who locked it is nowhere around, and you need to use the computer, you must force the computer to shut down (usually by holding down the computer’s Power button), and then restart it. If you do so, whatever the previous user currently had open would be gone forever; changes will not have been saved.
Due to a quirk of the operating system, locking a Mac’s screen and putting the Mac to sleep (a special mode which conserves electricity) are one and the same process. Unfortunately, simply putting a Mac to sleep does not guarantee that you will be asked for your password upon waking it. If you wake the computer and your desktop appears immediately, consult your system or network administrator on the proper steps to take. If are working with sensitive information, please test to make sure that you will be prompted for your password before relying on this feature to protect your files while your computer is unattended. (However, you will always be prompted for your password after locking a Windows-based PC.) | WIKI |
Running binaries without FHS and patchELF
First, join the dark side by adding these lines to your configuration.nix:
environment.extraInit = with pkgs; let loader = "ld-linux-x86-64.so.2"; in ''
export LD_LIBRARY_PATH="$LD_LIBRARY_PATH:/run/current-system/sw/lib"
ln -fs ${pkgs.glibc}/lib/${loader} /lib/${loader}
'';
This will link the the loader into /lib/ld-linux-x86-64.so.2. With the power it gives you no longer need FHS or patchELF to run a binary.
Though you still need to set the environment. So create a nix file with something like this:
with import <nixpkgs> {};
stdenv.mkDerivation rec {
name = "<env-name>";
nativeBuildInputs = [
pulseaudio freetype xorg.libX11
xorg.libXcomposite xorg.libXcursor xorg.libXdamage
xorg.libXext xorg.libXfixes xorg.libXi xorg.libXrandr xorg.libXrender
xorg.libXtst xorg.libxcb xorg.xcbutilkeysyms xorg.libXxf86vm libglvnd
];
LD_LIBRARY_PATH = builtins.foldl'
(a: b: "${a}:${b}/lib") "/run/opengl-driver/lib" nativeBuildInputs;
}
Run the file with nix-shell and you’ll get into a shell where you can just run the binary.
You can run the binary instead of entering into the shell by adding shellHook = <command> into the nix file. And you can move the nix file into $HOME/.local/nix-shell/, create $HOME/.local/bin/<name> with exec nix-shell $HOME/.local/nix-shell/<filename>.nix in it, add $HOME/.local/bin/ to the $PATH and voilà.
1 Like
This might cause problems when incompatible libraries are added to the library path.
But libraries from nativeBuildInputs are not really incompatible? And AFAIK these libraries load other libraries using absolute paths.
I mean that the rpath of an executable will have a lower priority then LD_LIBRARY_PATH, which might be a problem if you try to run an executable that is linked against an older library, because LD_LIBRARY_PATH would force the newer version.
http://man7.org/linux/man-pages/man8/ld.so.8.html
If a shared object dependency does not contain a slash, then it is
searched for in the following order:
• Using the directories specified in the DT_RPATH dynamic section
attribute of the binary if present and DT_RUNPATH attribute does
not exist. Use of DT_RPATH is deprecated.
• Using the environment variable LD_LIBRARY_PATH, unless the
executable is being run in secure-execution mode (see below), in
which case this variable is ignored.
• Using the directories specified in the DT_RUNPATH dynamic section
attribute of the binary if present. Such directories are searched
only to find those objects required by DT_NEEDED (direct
dependencies) entries and do not apply to those objects’ children,
which must themselves have their own DT_RUNPATH entries. This is
unlike DT_RPATH, which is applied to searches for all children in
the dependency tree.
• From the cache file /etc/ld.so.cache, which contains a compiled
list of candidate shared objects previously found in the augmented
library path. If, however, the binary was linked with the -z
nodeflib linker option, shared objects in the default paths are
skipped. Shared objects installed in hardware capability
directories (see below) are preferred to other shared objects.
• In the default path /lib, and then /usr/lib. (On some 64-bit
architectures, the default paths for 64-bit shared objects are
/lib64, and then /usr/lib64.) If the binary was linked with the
-z nodeflib linker option, this step is skipped.
So if nix indeed sets RPATH instead of RUNPATH, everything should be fine.
UPDATE:
This is unlike DT_RPATH, which is applied to searches for all children in the dependency tree.
Oh. So nix indeed should set RUNPATH. All right, there’s indeed a problem with using LD_LIBRARY_PATH. | ESSENTIALAI-STEM |
Shocks the conscience
Shocks the conscience is a phrase used as a legal standard in the United States and Canada. An action is understood to "shock the conscience" if it is "grossly unjust to the observer."
United States
In US law, the phrase typically describes whether or not the due process requirement of the Fourteenth Amendment to the United States Constitution has been met. The term originally entered into case law with Rochin v. California (1953). This balancing test is often cited as having subsequently been used in a particularly subjective manner.
The term is also used in some jurisdictions as a means to determine whether a jury award is out of line with the underlying civil wrong; a jury award can be overturned on appeal if, by its amount relative to the underlying civil wrong, it "shocks the conscience".
"Shock the conscience" has also been used as a constitutional standard in discussing the issue of whether or not detainees can be tortured.
Canada
In Canada the phrase was adopted in the case Canada v Schmidt (1987) to determine whether extradition would be a breach of fundamental justice under the Canadian Charter of Rights and Freedoms. A court may look at the justice system of another country, and disregarding "finicky" requirements of fundamental justice in Canada, may consider some potential punishments in other countries to be so outrageous that a person should not be put at risk by the extraditing government. The measure was used in United States v Burns (2001) to find that the possibility of execution would shock the conscience. Critics such as Professor Peter Hogg have suggested that the use of this measure indicates courts have "enormous discretion," and he argues this is demonstrated by inconsistencies between what is considered shocking and what is considered cruel and unusual punishment. | WIKI |
Most Dangerous Animal Weighs Less Than a Feather
Really. The most dangerous animal in the world is the mosquito. Its bite transmits malaria killing over one million people each year. In comparison, snakebites kill about 125,000 annually.
Malaria is transmitted by the Anopheles mosquito. When the female mosquito bites its host (the males are harmless) to get a meal of blood, it infects its host with the plasmodium protozoa. This single-cell organism attacks red blood cells causing fever, weakness, shaking, chills and, too often, death.
The disease is the leading cause of disease and death in some parts of the world. Its typically found in tropical and subtropical countries where higher temperatures allow these mosquitoes to thrive. More than half of the worlds population is at risk and the proportion increases each year because of inadequate health systems, growing drug and insecticide resistance and other reasons. In Africa, it kills one child every thirty seconds.
Scientists all over the world are working on developing a vaccine. But the malaria parasite is a complex organism with a complicated life cycle. Its antigens are constantly changing, making developing a vaccine very difficult.
PB
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Saving remote session to your local disk
• Comments 7
Read the previous post on implict remoting to learn how the Import-PSSession cmdlet makes it easier to work with remote commands by presenting them as if they were local commands. This user experience saves you the trouble of typing long Invoke-Command incantations to pass arguments to remote commands or to download remote help content.
The next great thing would be to jump straight into the implicit remoting experience without having to explicitly set up a remote session each time and having to remember how to invoke Import-PSSession... This is where Export-PSSession cmdlet comes handy - it can be used to save the remote session and the remote commands to a local disk.
Temporary implicit remoting modules
Let's recall how one can import remote commands into a local session:
PS> $s = New-PSSession -ComputerName lukasza5 -Credential REDMOND\lukasza
PS> Import-PSSession -Session $s -CommandName *-Process -Prefix Remote
ModuleType Name ExportedCommands
---------- ---- ----------------
Script tmp_a50e3c88-46f1-4c25... {Stop-Process, Get-Process, Debug-Process, Wait-Process...}
Import-PSSession cmdlet creates a temporary module containing local functions that act as proxies for remote commands. The module is then implicitly imported into the local session by the Import-PSSession cmdlet. The module and all the temporary files are deleted whenever the user explicitly removes the module or when the remote session is closed:
PS> Remove-PSSession $s
Saving an implicit remoting module
Instead of working with temporary modules created by Import-PSSession, one can save a module in the file system. This is done one with the Export-PSSession cmdlet. Example below asks Export-PSSession cmdlet to look in the remote session $s, take all the remote commands matching "*-Process" wildcard, and save them to "MyRemoteCommands" module. The example explicitly says that it would be okay to clobber local commands that have the same name as the imported, remote commands.
PS> $s = New-PSSession -ComputerName lukasza5 -Credential REDMOND\lukasza
PS> Export-PSSession -Session $s -CommandName *-Process -OutputModule MyRemoteCommands -AllowClobber
Directory: C:\Users\lukasza\Documents\WindowsPowerShell\Modules\MyRemoteCommands
Mode LastWriteTime Length Name
---- ------------- ------ ----
-a--- 2009-12-29 11:50 AM 20535 MyRemoteCommands.psm1
-a--- 2009-12-29 11:50 AM 99 MyRemoteCommands.format.ps1xml
-a--- 2009-12-29 11:50 AM 598 MyRemoteCommands.psd1
PS C:\> Remove-PSSession $s
You can see that Export-PSSession cmdlet saved a new module under the default user path from ${env:PSModulePath}. No remote commands have been imported into the local session yet - there is no Get-RemoteProcess command and Get-Process works against the local machine.
Importing a saved implicit remoting module
After implicit remoting module is saved, one can invoke the remote commands without having to ever again use New-PSSession, Invoke-Command, Import-PSSession or Export-PSSession. Let's see how that works:
PS> Import-Module MyRemoteCommands -Prefix Remote
In the example above, I imported the remote commands from the saved module into the local session (I used the -Prefix parameter to avoid clobbering my local commands). No connection has been made to the remote computer yet, but I can see all the remote commands in Get-Command and use tab completion when typing them at the command prompt.
Let's try to invoke one of the commands:
PS> Get-RemoteProcess -Name w*host
Creating a new session for implicit remoting of "Get-Process" command...
Handles NPM(K) PM(K) WS(K) VM(M) CPU(s) Id ProcessName
------- ------ ----- ----- ----- ------ -- -----------
237 9 24372 35556 146 0.95 4344 wsmprovhost
The remote invocation worked. I didn't even have to create a remote session - implicit remoting took care of that when I first attempted to use a remote command from the saved module. I've been prompted for the password, but all the other connection parameters (i.e. computer name, http proxy settings) were stored in the saved module.
Thanks,
Lukasz Anforowicz [MSFT]
Windows PowerShell Developer
Microsoft Corporation
Leave a Comment
• Please add 7 and 2 and type the answer here:
• Post
• Wow this is really amazing. I love PowerShell. I just wrote a <a href="http://blog-powershell.blogspot.com/2009/12/remove-user-in-domaina-from-group-in.html"><u>script</u></a> that overcomes a problem with searching multiple domains using the new ActiveDirectory Module and I did have to do an Invoke-Command. This is so much more elegant.
Thanks
Cameron
• I am remoting to a Microsoft HPC box. How do I Import the HPC Cmdlets to my local session?
• Doug,
Import/Export-PSSession cmdlets internally invoke Get-Command in the remote session to get metadata of the remote commands. CommandName, CommandType and Module parameters of Import/Export-PSSession cmdlets are directly passed to the remotely invoked Get-Command. You can try manually invoking remote Get-Command (i.e. via Invoke-Command) to see what parameters will give you exactly the set of commands you want to see in your implicit remoting experience.
I am not very familiar with HPC cmdlets, but according to their documentation (http://resourcekit.windowshpc.net/AT%20A%20GLANCE/Papers1/Windows_HPC_Server_2008_Management_Overview.pdf) all their cmdlets use nouns beginning with "Hpc" ). Therefore something like this should work for you:
Import-PSSession $s -CommandName *-Hpc* -CommandType cmdlet
• @Doug,
Remember, you'll need to be remoting to a Server 2008 R2-based HPC box to import the cmdlets locally. That's because it takes v2 to do this. I'm not sure if you can go an install v2 on a Server 2008 infrastructure and remain supported...
• Hello,
I need to write code in C# that execute Exchange cmdlet as well as basic cmdlet.
For example:
Input to my code can be:
Get-Exchangeserver | Format-list
According to code , if I use:
WSManConnectionInfo connectionInfo = new WSManConnectionInfo();
Then : cmdlets like, Get-process, Format-list, Out-String,..... is recognized whereas Exchange cmdlet is not known as Get-mailbox, Get-Exchangeserver,...
If I use the following constructore:
WSManConnectionInfo RemoteConnectionInfo = new WSManConnectionInfo(serverUri, schema, credential);
The opposite happens. I mean Onlty exchange server cmdlets are known.
Get-exchangeserver | Format-list
The "Format-list" is not recognized a cmdlet,object,function,...
What shall I do?
Regards,
mgeriesa
• "I'm not sure if you can go an install v2 on a Server 2008 infrastructure and remain supported..."
-I'm pretty sure you can't
• Hello,
"I've been prompted for the password, but all the other connection parameters (i.e. computer name, http proxy settings) were stored in the saved module."
We can easily bypass the password prompt by pressing escape button two times and I'm able to import PSSession (From Module) and executed remote command successfully without any password.
This leads to serious security issue, isn't it?
Page 1 of 1 (7 items)
Saving remote session to your local disk | ESSENTIALAI-STEM |
Ambebi.Press - How to Prevent an Injured Person From Getting Pneumonia
How to Prevent an Injured Person From Getting Pneumonia
When a person is immobilized from a serious injury in the wilderness, breathing is more difficult and the lungs can accumulate fluid. Minimize the danger of pneumonia with the following preventative measures.
Steps:
1. Encourage the injured person to cough deeply at least every two hours, even though coughing may be painful. Assist the person in sitting up and have her hold both sides to make the cough more productive and less painful.
2. Elevate the lower part of the body by placing a pillow or rolled up article of clothing under the injured person’s midsection and legs – gravity will help drain fluid from the lungs. Do not do this if you suspect head, spine, or back injuries.
3. Keep the injured person as warm as possible – immobilized people have difficulty producing enough body heat to warm themselves. Use the following methods to maximize warmth: Have the person drink warm liquids if able to hold a cup without assistance; keep the person in a sleeping bag and on an insulated pad; place hot water bottles along the sides of the chest, neck and abdomen; place uncovered pots of boiled water in the tent to keep the air in the tent warm and humidified.
4. Evacuate the person to as low an altitude as possible, preferably to as low as 8,000 feet. This is especially important for person’s with heart or lung illnesses, and for injuries which occur above 15,000 feet.
Warnings:
If you have any questions or concerns, contact a physician or other health care professional before engaging in any activity related to health and diet. This information is not intended as a substitute for professional medical advice or treatment.
Overall Warnings:
If you use a stove inside a tent, make sure the tent is adequately ventilated to prevent carbon monoxide poisoning. Whenever possible, boil liquids outside the tent or in the vestibule of the tent.
This information is not intended to be a substitute for professional medical advice or treatment.
Leave a Comment | ESSENTIALAI-STEM |
German American Bancorp, Inc. (GABC) Reports First Quarter 2022 Earnings
JASPER, Ind., April 25, 2022 (GLOBE NEWSWIRE) -- German American Bancorp, Inc. (Nasdaq: GABC) reported first quarter earnings of $9.1 million, or $0.31 per share. The current quarterly earnings include the results of Citizens Union Bancorp of Shelbyville, Inc. ("CUB"), which, as previously reported, was acquired by German American on January 1, 2022. The first quarter of 2022 included one-time merger and acquisition costs of approximately $11.7 million and "Day 1" provision under the current exp | NEWS-MULTISOURCE |
Talk:Uccel
IMS Data Dictionary product?
Didn't UCC sell an IMS data dictionary product? DEddy (talk) 00:37, 22 January 2015 (UTC) | WIKI |
splint: Cubic spline interpolation
Description Usage Arguments Details Value References See Also Examples
Description
A fast, FORTRAN based function for cubic spline interpolation.
Usage
1
splint(x, y, xgrid, wt=NULL, derivative=0,lam=0, df=NA, lambda=NULL, nx=NULL)
Arguments
x
The x values that define the curve or a two column matrix of x and y values.
y
The y values that are paired with the x's.
xgrid
The grid to evaluate the fitted cubic interpolating curve.
derivative
Indicates whether the function or a a first or second derivative should be evaluated.
wt
Weights for different obsrevations in the scale of reciprocal variance.
lam
Value for smoothing parameter. Default value is zero giving interpolation.
lambda
Same as lam just to make this easier to remember.
df
Effective degrees of freedom. Default is to use lambda =0 or a df equal to the number of observations.
nx
If not NULL this should be the number of points to evaluate on an equally spaced grid in the range of x
Details
Fits a piecewise interpolating or smoothing cubic polynomial to the x and y values. This code is designed to be fast but does not many options in sreg or other more statistical implementations. To make the solution well posed the the second and third derivatives are set to zero at the limits of the x values. Extrapolation outside the range of the x values will be a linear function.
It is assumed that there are no repeated x values; use sreg followed by predict if you do have replicated data.
Value
A vector consisting of the spline evaluated at the grid values in xgrid.
References
See Additive Models by Hastie and Tibshriani.
See Also
sreg, Tps
Examples
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x<- seq( 0, 120,,200)
# an interpolation
splint(rat.diet$t, rat.diet$trt,x )-> y
plot( rat.diet$t, rat.diet$trt)
lines( x,y)
#( this is weird and not appropriate!)
# the following two smooths should be the same
splint( rat.diet$t, rat.diet$con,x, df= 7)-> y1
# sreg function has more flexibility than splint but will
# be slower for larger data sets.
sreg( rat.diet$t, rat.diet$con, df= 7)-> obj
predict(obj, x)-> y2
# in fact predict.sreg interpolates the predicted values using splint!
# the two predicted lines (should) coincide
lines( x,y1, col="red",lwd=2)
lines(x,y2, col="blue", lty=2,lwd=2)
fields documentation built on June 7, 2017, 1:02 a.m.
Search within the fields package
Search all R packages, documentation and source code | ESSENTIALAI-STEM |
Which files are safe to delete?
At some point in your computing life, it's very likely that someone who believes he or she is more technically minded than yourself has told you to clean up your PC or Mac by deleting unnecessary files. On the one hand, you'd love to take the advice, because you know it could potentially make your computer faster. On the other hand, if you delete the wrong files, you might break something, like accidentally disabling a vital component of your operating system or rendering some expensive software useless. And who wants to fix that mess?
If you're confused by such issues, in this article, I'll help you figure out what you can delete on your own, what you should delete but not by yourself (there are free tools, and they take mere minutes to install and deploy), and which files you should leave well alone.
Files you can trash
Personal files. Any file you created is most likely safe to trash when you no longer need it. These include documents, photos, and even music files. In many cases, you'll want to archive the file first; in other words, make a copy of it that you'll save to a back-up location, like a disc, external hard drive, or online cloud storage service.
Note that cloud storage and cloud-based file-syncing programs do not work the same way. If you have a file "synced" to a file-syncing service such as Dropbox or SugarSync and you delete it, the file will also be deleted from the cloud. (One workaround is to upload the files you want to save via the web interface for the file-syncing program, which makes them safe to delete, but that solution only works when you have a handful of files to upload).
For more advice on deciding how to clean up your personal files, see our article entitled Staying organised: File deletion.
Zipped or Stuffed files (post-extraction). When I download a Zipped or Stuffed file, I like to extract all the compressed files from it to make them easier to manipulate, and then trash the original file, which often ends with the extension ZIP, 7Z, SIT, or RAR (although there are many more compressed file formats). You can trash it after extraction because you'll now have a separate copy of all the included files in the resulting folder.
Conversely, if I Zip, Stuff, or Archive (the included tool in Mac OS X) a set of files that I want to keep on my machine but might not be using any time soon, I'll trash the original loose files and keep only the compressed file. Tip: Before trashing the original files, always test a compressed file by trying to open one or two of the contained files at random to make sure the compression worked properly and did not corrupt your files.
Icons that look like mounted drives but aren't. Sometimes after you install software, especially on a Mac, you'll see a new mounted drive hanging around on your desktop with the name of the recently installed program.
If the program works (go ahead and launch it from the Applications list), you can trash the icon or hit the eject button next to it in the Finder window. If the program doesn't launch properly, delete all the associated files and try reinstalling it from scratch.
Executable files. Similar to the previous point, if you download a program, install it, and can launch it with no problems, you can trash that executable file – although depending on the program, you may not want to.
For free downloads, go ahead and toss the EXE files. For paid software, if you don't have a disc for the program, just make a copy of the files somewhere safe, like a disc, USB key, or similar.
Don't touch these files
Hidden files. Both the Windows operating system and Mac intentionally hides files from you. Any time you come across a message about hidden files, take it as a big red stop sign (unless you are an advanced or ambitious user, which I'll touch on momentarily).
Most computer users should not delete hidden files. The fact that they are hidden is a built-in safety net to prevent users from screwing around with files they ought not touch. Don't worry about what they are. Ignorance can be bliss in this case. If you are an advanced user (or are in the stages of becoming one), there are times when you might want to delete hidden files because you're sure you don't need them and they are simply eating up space on your machine.
Anything you can't identify. If you don't know what a file or folder is, leave it alone. In the image below, you can see a column for Kind of file, and a bunch of them are "Workflows" and "Script bundles." If you don't know what these things are, don't touch them. If you do know what these files are, or are willing to do some research on them (i.e. Google 'em), there may be some you might delete (and in which case, see the note in the previous paragraph regarding advanced and ambitious users).
It's true that sometimes you will want to delete files that you can't personally identify. It's best to assign that chore to someone – or in this case, something – that knows the difference between needed and unneeded files, like temporary Internet files for example.
I personally use a tuneup utility called CCleaner for Mac (it's free, and also available for Windows). Every few weeks or so, I open the app and push a button, and the program does the rest. You can also set this cleaner or a similar one to automatically run scheduled clean-ups if you prefer. | ESSENTIALAI-STEM |
Page:Alices adventures in Cambridge.djvu/57
"I suppose they are called that because they are older than any others," said Alice. Then a new idea struck her. "I met a dormouse to-day," she said. "Do dormice live in dormitories?"
"Rats and mice of all kinds live in these dormitories, they are so old," said the White Rabbit, shaking his head sadly. "But they serve to unite the Class."
"Is the Class so very far apart?" asked Alice.
"Only one yard now," replied the White Rabbit, "but it used to be miles and miles. Wait till you see Conant and Perkins."
Alice was so puzzled by this remark that she was just about to ask the White Rabbit to explain, when she saw a large procession approaching. It was headed by the King and Queen, and after them came the Black Knight and a whole troop of other people whom Alice thought must be courtiers. When the procession came near, the Queen stepped out and looked fiercely at Alice.
[ 51 ] | WIKI |
Sialogogue
From Wikipedia, the free encyclopedia
(Redirected from Sialagogue)
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A sialogogue, sialagogue, ptysmagogue or ptyalagogue is a drug or substance that increases the flow rate of saliva.[1]
Sialogogues can be used in the treatment of xerostomia (the subjective feeling of having a dry mouth), to stimulate any functioning salivary gland tissue to produce more saliva. Saliva has a bactericidal effect, so when low levels of it are secreted, the risk of caries increases. Not only this, but fungal infections such as oral candidosis also can be a consequence of low salivary flow rates. The buffer effect of saliva is also important, neutralising acids that cause tooth enamel demineralisation. The following are used in dentistry to treat xerostomia:[2]
• Parasympathomimetic drugs act on parasympathetic muscarinic receptors to induce an increased saliva flow. The M3 receptor has been identified as the principal target to increase salivary flow rates.[3] Pilocarpine is an example; the maximum dose of this drug is 30 mg/day. Contraindications include many lung conditions, such as asthma, cardiac problems, epilepsy and Parkinson's disease; side effects include flushing, increased urination, increase perspiration, and GI disturbances.
• Chewing gum induces stimulated saliva secretion of the minor salivary glands in the oral cavity. During mastication (chewing), the resultant compression forces acting on the periodontal ligament cause the stimulated release of gingival crevicular fluid. Further salivation can be also achieved by the stimulation of taste receptors (parasympathetic fibers from the chorda tympani and the lingual nerve are involved).
• Malic and ascorbic acid are effective sialogogues, but are not ideal as they cause demineralisation of tooth enamel.
Historical source from plants[edit]
A tincture is prepared from the root of the pyrethrium (pyrethrum) or pellitory (a number of plants in the Chrysanthemum family). It is found growing in Levant and parts of Limerick and Clare in Ireland. The root powder was used as flavouring in tooth powders in the past.[4]
Some of the pyrethrin extracts find use as relatively environmentally benign insecticides.
Herbs with sialogogue action[edit]
References[edit]
1. ^ Paris, John Ayrton (1825). Pharmacologia, al, The history of medicinal substances (6 ed.). Oxford University. p. 199.
2. ^ Visvanathan V, Nix P. Managing the patient presenting with xerostomia: a review. International Journal of Clinical Practice. 2010 Feb;64(3):404–7.
3. ^ Melvin JE, Yule D, Shuttleworth T, Begenisich T. REGULATION OF FLUID AND ELECTROLYTE SECRETION IN SALIVARY GLAND ACINAR CELLS. Annual Review of Physiology. 2005 Mar 17;67(1):445–69.
4. ^ Jude, "Medicinal and Perfumery Plants and Herbs of Ireland", MH Gill and son, (1933) pp.36 | ESSENTIALAI-STEM |
Page:Nicholas Nickleby.djvu/190
150 back in his chair, and looked like a man who has been most profligately liberal, but is determined not to repent of it notwithstanding.
"Fifteen shillings a week is not much," said Nicholas, mildly.
"Not much! Fifteen shillings a week not much, young man?" cried Mr. Gregsbury. "Fifteen shillings a——"
"Pray do not suppose that I quarrel with the sum," replied Nicholas; "for I am not ashamed to confess, that whatever it may be in itself, to me it is a great deal. But the duties and responsibilities make the recompense small, and they are so very heavy that I fear to undertake them."
"Do you decline to undertake them, Sir?" inquired Mr. Gregsbury, with his hand on the bell-rope.
"I fear they are too great for my powers, however good my will may be," replied Nicholas.
"That is as much as to say that you had rather not accept the place, and that you consider fifteen shillings a week too little," said Mr. Gregsbury, ringing. "Do you decline it, Sir?"
"I have no alternative but to do so," replied Nicholas.
"Door, Matthews," said Mr. Gregsbury, as the boy appeared.
"I am sorry I have troubled you unnecessarily, Sir," said Nicholas.
"I am sorry you have," rejoined Mr. Gregsbury, turning his back upon him. "Door, Matthews." "Good morning," said Nicholas.
"Door, Matthews," cried Mr. Gregsbury.
The boy beckoned Nicholas, and tumbling lazily down stairs before him, opened the door and ushered him into the street. With a sad and pensive air he retraced his steps homewards.
Smike had scraped a meal together from the remnant of last night's supper, and was anxiously awaiting his return. The occurrences of the morning had not improved Nicholas's appetite, and by him the dinner remained untasted. He was sitting in a thoughtful attitude, with the plate which the poor fellow had assiduously filled with the choicest morsels untouched, by his side, when Newman Noggs looked into the room.
"Come back?" asked Newman.
"Yes," replied Nicholas, "tired to death; and what is worse, might have remained at home for all the good I have done."
"Couldn't expect to do much in one morning," said Newman.
"May be so, but I am sanguine, and did expect," said Nicholas, "and am proportionately disappointed." Saying which, he gave Newman an account of his proceedings.
"If I could do anything," said Nicholas, "anything however slight, until Ralph Nickleby returns, and I have eased my mind by confronting him, I should feel happier. I should think it no disgrace to work, Heaven knows. Lying indolently here like a half-tamed sullen beast distracts me."
"I don't know," said Newman; "small things offer—they would pay the rent, and more—but you wouldn't like them; no, you could hardly be expected to undergo it—no, no."
"What could I hardly be expected to undergo?" asked Nicholas, raising his eyes. "Show me, in this wide waste of London, any honest means by which I could even defray the weekly hire of this poor room, | WIKI |
All you need to know about Menstrual Cycle
know about Menstrual Cycle
Concept of menstruation
It is a female’s monthly bleeding. When a woman menstruates, her body discharges the womb’s lining. The blood of Menstruation runs from the uterus through the little hole in the cervix and travel from the passage of the vagina. The majority menstrual periods remain for three to five days.
What is the menstrual cycle?
When menstruations (periods) happen repeatedly, this is known as the menstrual cycle. Going through continues menstrual cycles is an indication that your key body parts are functioning perfectly. It gives vital body chemicals, known as hormones, to stay you fit and normal. It also makes sure that you become pregnant in future after having sexual intercourse. A single cycle is measured as the duration from 1st day of first period to the 1st day of the subsequent period. Twenty days is the duration of average menstrual cycle. Cycles may be of twenty-one days to thirty-five days in grown persons and of twenty-one to forty-five days in teenagers. The increase and decrease of hormones levels manages the menstrual cycle.
What happens during the menstrual cycle?
In the initial part of the cycle, the quantity of hormones of females (also known as estrogen) begins to go up. Estrogen has to do a lot to make you stay healthy and fit, particularly by assisting you in making bones tough and to improve your health. It also thickens the uterus lining. The womb lining is a part that will nurture the embryo if a pregnancy happens. In the mean while, the womb lining is cultivating, an ovum or egg, in one of the ovaries begins to establish. On approx fourteenth day of an average twenty-eight day period, the egg departs from the ovary. This is known as ovulation.
Following the departure of egg from ovary, it passes through a tube called fallopian tube and reaches uterus. The levels of hormone go up and assist in making the uterine lining ready for pregnancy. A female is most probably to have pregnancy during the three days on or before ovulation day. Remember, females with cycles that are smaller or more elongated than average may ovulate after or before fourteenth day.
A female can have pregnancy if the egg gets fertilized by a male’s sperm cell and joins the uterine wall. It can break into pieces (or get wasted) in case the egg does not get fertilized. Afterward, levels of hormone fall, and the chunky uterus lining is discarded during the menstrual cycle.
Detail about menstrual period
When a woman is having her periods, she discharges the extra blood (sometimes brown and sometimes red) and thick lining of uterus from the vagina. Her menstruation might not be the similar each month. It can also be dissimilar than periods of other females’. They may be light, modest, or intense in respect of the amount of blood discharging out of the body. This is known as menstrual flow. The duration of the period is different for different people. The majority periods last from three to five days. It can also range from two to seven days. If you wish to know more about Brown discharge, visit this helpful site.
Leave a Comment | ESSENTIALAI-STEM |
Page:The Letters of Cicero Shuckburg III.pdf/232
*
since I am to absent myself from the entertainments, I would rather be thought to do so in virtue of the augural law, than in consequence of grief. Please send a reminder to Cocceius, for he does not fulfil his promise: while I am desirous of purchasing some hiding-place and refuge for my sorrow.
DXLV (A XII, 14)
TO ATTICUS (AT ROME)
I wrote to you yesterday about making my excuses to Appuleius. I think there is no difficulty. No matter to whom you apply, no one will refuse. But see Septimius, Lænas, and Statilius about it. For three are required. Lænas, however, undertook the whole business for me. You say that you have been dunned by Iunius: Cornificius is certainly a man of substance, yet I should nevertheless like to know when I am said to have given the guarantee, and whether it was for the father or son. None the less pray do as you say, and interview the agents of Cornificius and Appuleius the land-dealer.
You wish me some relaxation of my mourning: you are kind, as usual, but you can bear me witness that I have not been wanting to myself. For not a word has been written by anyone on the subject of abating grief which I did not read at your house. But my sorrow is too much for any consolation. Nay, I have done what certainly no one ever did before me—tried to console myself by writing a book, which I will send to you as soon as my amanuenses have
banquet Cicero felt unable to attend. The excuse appears to have needed the attestation of three other augurs.]
* [Footnote: or a recently elected augur, at whose inauguration and accompanying | WIKI |
Page:Encyclopædia Britannica, Ninth Edition, v. 5.djvu/675
] As we shall have occasion at a subsequent stage to treat at some length of the compilation which stands next on the list of the classics,—the Book of Odes,—we pass on to mention a work whose dicta have entered into the very marrow of Chinese life—namely the Le ke, or Book of Rites. This work is said to have been compiled by the duke of Chow in the 12th century B.C., since which time it has ever been the guide and rule by which Chinamen have regulated all the actions and relations of their lives. No every-day ceremony is too insignificant to escape notice, and no social and domestic duty is considered to be beyond its scope. From the nature of its contents, therefore, it is the work of all the classics which has left the most palpable impression on the manners and customs of the people. Its rules are minutely observed at the present day, and one of the six governing boards at Peking the Board of Rites is entirely concerned with seeing that its precepts are carried out throughout the empire. Speaking of this work, Callery says with justice, “In ceremonial is summed up the whole soul of the Chinese, and to my mind the Book of Rites is the most exact and complete monograph that this nation can give of itself to the rest of the world. Its affections, if it has any, are satisfied by ceremonial; its duties are fulfilled by means of ceremonial. Its virtues and vices are recognized by ceremonial; the natural relations of created beings are essentially connected with ceremonial; in a word, for it ceremonial is man, the man moral, the man politic, and the man religious, in their numberless relations with the family, society, the state, morality, and religion.”
But though each and all of the classics bear to some extent the impress of Confucius, only one, the Chun Tsew, or Spring and Autumn Annals, was written by him. At first sight, therefore, a more than usual interest attaches to this book, which is not lessened by the statements made by the sage himself, and by contemporary scholars concerning it. “The world,” says Mencius, “was fallen into decay, and right principles had dwindled away. Perverse discourses and oppressive deeds were again waxen rife. Cases were occurring of ministers who murdered their rulers, and of sons who murdered their fathers. Confucius was afraid, and made the Chun tsew.” As soon as it appeared, we are told that rebellious ministers quaked with fear and undutiful sons were overcome with terror. “Its righteous decisions,” said Confucius himself, “I ventured to make.” The title also of the book, we are told, was given it, because its commendations were life-giving like spring, and its censures life-withering like autumn. The expectant student might therefore be excused for anticipating in its pages an intellectual treat. He would look to have the history of the period dealt with treated as a sustained narrative, interspersed with sage reflections and deep analyses of the characters and circumstances of the time. He would expect to find praise and blame distributed with a discriminating pen, and the foul crimes of regicide and murder denounced in impassioned outbursts of indignation. But how different is the book when we take it up! In the words of Dr Legge—“Instead of a history of events woven artistically together, we find a congeries of the briefest possible intimations of matters in which the court and state of Loo were more or less concerned, extending over 242 years, without the slightest tincture of literary ability in the composition, or the slightest indication of judicial opinion on the part of the writer. The paragraphs are always brief. Each one is designed to commemorate a fact; but whether that fact be a display of virtue calculated to command our admiration, or a deed of atrocity fitted to awaken our disgust, it can hardly be said that there is anything in the language to convey to us the shadow of an idea of the author's feeling about it. The notices, for we cannot call them narratives, are absolutely unimpassioned. A base murder and a shining act of heroism are chronicled just as the eclipses of the sun are chronicled. So and so took place: that is all. No details are given; no judgment is expressed.“ The following extract from the annals of a year taken at random will be sufficient to show that Dr Legge's remarks are well founded. “1. In the 15th year in spring the duke went to Tse. 2. A body of men from Tsoo invaded Seu. 3. In the third month the duke had a meeting with the marquis of Tse and others, when they made a covenant in Mow-Kew, and then went on to Kwang. 4. Kung-sun Gaou led a force and, with the great officers of the other princes, endeavoured to relieve Seu. 5. In summer in the 5th month the sun was eclipsed. 6. In autumn in the 7th month an army of Tse and an army of Tsoo invaded Le. 7. In the 8th month there were locusts. 8. The duke's daughter went to her home in Tsang. 9. On Ke-mao, the last day of the moon, the temple of E-pih was struck by lightning. 10. In winter a body of men from Sung invaded Tsaou.” And so on page after page.
Having thus reviewed the Five Classics, we will now briefly consider the Four Books which, together with those just mentioned, make up the full complement of the Nine Classics. The first three of them—the Ta-heŏ or Great Learning, the Chung-yung or the Doctrine of the Mean, and Lun-yu or Confucian Analects—are all by the pupils and followers of the sage; while the fourth, the Măng-tsze, or the Works of Mencius, is by a disciple of that philosopher. All these, therefore, represent the views of Confucius, and if we ask what those views point to, we find that they may be summed up in the admonition: “Walk in the trodden paths.” For as Confucius said of himself, he came not to originate but to fulfil, and the primary object of his teaching was to revive in a dissolute age the purity, or supposed purity, of former generations; to quote against the roués of his day the examples of the ancients, whom he believed to have been scrupulous in fulfilling the universal obligations existing between sovereign and minister, between father and son, between husband and wife, and between friend and friend. He taught that man was a microcosm, and that by striving to improve himself by acquiring knowledge, by purifying his thoughts, by rectifying his heart, and by cultivating his person, he would then be able to regulate his family. When he could regulate his family, he might then be able to govern a state; and when he could govern a state, he might then be trusted to rule an empire. The empire was as one family; and as it was the part of the emperor to cherish and guard his people as a father does a child, so it was the duty of the people to render willing and submissive obedience to their sovereign. It is due to these political opinions that Confucius has become such an object of respect to both rulers and the ruled. The former see in his teaching a ready argument for the maintenance of their authority, and the people, believing that heaven has constituted for them rulers and teachers, whose duty it is to extend favour and maintain tranquillity throughout the empire, have at the same time learnt to hold that when the ruler ceases to be a minister of God for good, he forfeits the title by which he holds the throne. Confucius was ambitious, and was a courtier as well as philosopher, and beyond this point he avoided in any shape or way indicating the manner in which an oppressive ruler should be induced to abdicate. No such consideration influenced his disciple Mencius, who, being superior to the ordinary ambitions of man, was superior also to their common timidities, and who with much boldness of utterance freely taught that the people were the most important element in a nation, and the sovereign was the lightest; and he did not scruple to admit the conclusion | WIKI |
Talk:1936 Gulf Coast maritime workers' strike
Review
The whole article appears to be more about the conflicts, actions of both sides during and racism. It never really discuss why the strike occurred. I wouldn't say that it's neutral as there is a lot of representation of conflicts caused by the police or directors, never mentions the conflicts of the workers. It also never states the goals of the strike, why the strike occurred in the first place and what the strike ended up obtaining or losing for the strikers.
No cites in hook.
"In 1935 longshoremen along the entire coast had struck from October 1 through November 27 to little avail except for fourteen more killings". Needs to be reworded to "had been on strike."
The results part mentions "West Coast Fall strike" the reference says that the "Spring Strike" is the cause of the "Fall Strike". Without paying I can't 100% certify this, but given all the context clues I would say this is miss placed information. Certainly doesn't appear to have anything to do with a "Gulf coast strike".
It also never mentions what the "Gulf Coast strike" actually did or didn't do for the workers.
"but not, as some sources suggest, only in this 1936 Gulf Coast strike" makes no sense and the cite links to certain people that were apart of the strike, but has nothing to do with the sentence. Although, i'm not sure what the sentence is supposed to be stating to start with.
Cite 1 is linked to page 99 and the actual mentioning of the material covered isn't until page 100.
Cite 2 and 3 are not able to be found with the link given. At least not by me.
Cite 9 doesn't give a direct link to the article. Didn't search through all of it to find the correct place.
Cite 11 works well, but the article calls him a strikebreaker. Which doesn't fit the position that he was in given he wasn't hired to do the "striker's" job. The cite states that he was put on strike duty with the police force.
Cite 12 and 13 again doesn't work and I'm not able to find the article on name alone.
The cite's appear to be legitimate, maybe some biased opinions occurring, but they are coming from what would be trusted sources. If you can find them at least.It seems that some of the cites aren't related or don't directly link to the articles. I'm not saying they aren't there, but i'm not able to find them with the information given and the website's search function. So i'm not saying they should be deleted, but they definitely should be rerouted or find a more direct source. Cjefferys (talk) 03:13, 13 June 2019 (UTC)
Response
Hi Cjefferys -- the above review has some inaccuracies. It creates an impression that the article is riddled with errors and bad citations. So here's my response to a few of your points.
* "(The article) never really discuss why the strike occurred." The article says, "maritime workers had suffered declining wages and increasingly untenable working conditions." Yes, it could be more specific and explicit. Complaints about clarity, I'll always listen to.
* The reviewer says "I wouldn't say that it's neutral as there is a lot of representation of conflicts caused by the police or directors, never mentions the conflicts of the workers." The reviewer must have missed the part where members of the wildcat Maritime Federation are attacked by "beef gangs" of ISU members, and missed understanding that this entire string of strikes was only necessary because of poor ISU representation -- conflict inside the union.
* The article attempts to be clear about the relationships among this strike, the preceding maritime strikes on the Gulf Coast in 1934 and 1935, and the west coast labor actions in March 1936 and October 1936. They were all wildcat strikes caused by poor ISU representation. All relevant.
* "had struck" is good English
* Of the 17 citations, the reviewer describes problems with 7. Cites 2, 3, 12 and 13 validly name a newspaper source and provide a link to a subscription service. (The citation to the source is the key thing, not whether it's conveniently available online or not. This according to the guidelines for citing sources.) On Cite 1, the relevant material does indeed begin on page 99. And on Cite 9, it is impossible to link more directly to the first page of the Orange Leader where the cited article appears.
* On Cite 11, the reviewer asserts that "strikebreaker" must always equal "replacement worker". I don't know where that idea came from, but it's not an accurate description of how the anti-labor operations of (for instance) James Farley and Pearl Berghoff worked. In this case Frank Hamer was indeed hired to administer a strikebreaking effort under color of authority. Calling him a strikebreaker is fair and accurate.
* There is also no citation problem on Cite 11.
As always I'll assume good faith on your part. With an awareness that this is a school project of some kind. Oh..... a Comp I class. Summer. Oh, whew, ugh, sorry. That sort of changes things. You accidentally got a real person on the other end of the hook here. More than anything else wikipedia is an excellent machine for starting pointless arguments, which is a shame and a waste of time. To counter that, peace, and I wish you a good grade & good air conditioning. --Lockley (talk) 07:29, 13 June 2019 (UTC)
* , no one is here to start pointless arguments. Thank you. Dr Aaij (talk) 00:05, 14 June 2019 (UTC)
* Cjefferys, I think you're playing the "direct link" card a bit too strong. First of all, and I'll mention this in class too since I heard classmates talk in the same way, there is no requirement that references be available online (note that I'm saying "references"--you and your classmates, indeed most younger people, usually talk about "links"). That some link doesn't point directly to the article--meh, that's just how those newspaper archives work, and now you know that: they are very useful sources of knowledge, and I appreciate Lockley having dug through the sources to find such references. By the same token, that you or I can't access something doesn't mean it's invalid; in this case, for instance, where clearly a good-faith effort has been made to write up something old, WP:AGF applies and I'll take the writer's word for it. Remember, a lot of things are simply not accessible via the internet and that's fine. But please remind me to talk about this in class: I have no doubt the other (younger!) students need to hear this. Thanks, Dr Aaij (talk) 15:20, 14 June 2019 (UTC) | WIKI |
Ptychandra ohtanii
Ptychandra ohtanii is a butterfly of the family Nymphalidae. It is endemic to the Philippines. Its forewing length is 26–29 mm. The species resembles P. lorquinii. Black hair-pencil is arising in space 3 of forewing upperside in P. ohtanii whereas arising on cubitus in P. lorquinii. The nominotypical subspecies is distributed only on Mount Apo on Mindanao island. Another subspecies is found on Leyte island. The species is rare on both islands.
Subspecies
* Ptychandra ohtanii ohtanii H. Hayashi, [1978]
* Ptychandra ohtanii lizae H. Hayashi, [1984] (Leyte) | WIKI |
From preclinical trials to post marketing surveillance
everything you need to know about API clinical trials
Su Keles | Posted on April 20, 2023
API stands for Active Pharmaceutical Ingredient, which is the primary component responsible for the healing effect in a drug. An API clinical trial is a series of tests conducted to evaluate the safety and efficacy of a new or existing API.
The tests can be severe and rigorous, as it should, since it affects the well-being and health of the public. The most difficult stage is the first one, the preclinical stage. A study reports that the success rate of each drug discovery stage in was 31.8% for preclinical, 75.1% for phase I, 50.0% for phase II, 58.6% for phase III. Actually, the transition from preclinical stages to human trials is so risky that it is frequently referred to as the “Valley of Death.”
For any pharmaceutical company or academic institution, it is a big achievement to advance a drug candidate to phase I clinical trial after drug candidates are strictly optimized at preclinical stage. The rigid system doesn’t end there. Another study shows that after they have entered clinical studies, nine out of ten drug candidates, would fail during the phase I, II, or III of the clinical trial.
If you are interested on how new APIs are discovered, you can read one of our blogs where you will find information about the whole process from A to Z.
The stages of an API clinical trial are as follows:
1. Preclinical stage: This stage involves laboratory testing of the API to determine its safety and effectiveness in animals. The goal of this stage is to gather enough information to support the initiation of clinical trials in humans.
2. Phase 1 clinical trial: This is the first stage of clinical testing in humans. The goal of this phase is to evaluate the safety of the API and to determine the optimal dosage range. Phase 1 trials typically involve a small number of healthy volunteers.
3. Phase 2 clinical trial: This stage involves testing the API in a larger group of patients to evaluate its efficacy and further assess its safety. The focus of this phase is to determine the optimal dosage and identify any potential side effects.
4. Phase 3 clinical trial: This is the final stage of clinical testing before the drug is approved for marketing. Phase 3 trials are conducted on a larger scale and involve a larger number of patients. The goal of this phase is to confirm the safety and effectiveness of the API, and to compare it to existing treatments or a placebo.
5. Post-marketing surveillance: After the drug is approved for marketing, post-marketing surveillance is conducted to monitor the safety and effectiveness of the drug in a larger population. This helps to identify any rare or unexpected side effects that may not have been detected during clinical trials.
Overall, an API clinical trial is a complex process that involves multiple stages of testing to ensure that the drug is safe and effective for use in humans. We summarized the steps above, but we want to get into more details and have a deep look at each one of the steps. So bear with us, as we dive into the complex and rigorous world of API clinical trials.
Preclinical stage
The preclinical stage of an API clinical trial is the first stage of drug development, and it is conducted before the drug is tested on humans. This stage involves extensive laboratory testing of the API to gather information about its pharmacological properties, safety, and efficacy.
During the preclinical stage, the API is tested in vitro, which means it is tested in laboratory conditions using cell cultures, tissues, or organs. The API is also tested in vivo, which means it is tested in animals to evaluate its safety and efficacy. The preclinical stage aims to provide the necessary information to support the initiation of clinical trials in humans.
The preclinical studies are conducted in compliance with the guidelines and regulations set by the regulatory authorities such as the US Food and Drug Administration (FDA).
The preclinical stage typically involves the following activities:
• In vitro studies: In vitro studies are conducted to evaluate the API’s pharmacological properties, such as its mechanism of action, potency, and selectivity. These studies also help to identify any potential toxicity or adverse effects of the API.
• Animal studies: Animal studies are conducted to evaluate the API’s safety and efficacy in vivo. These studies involve administering the API to animals to evaluate its pharmacokinetics (how the drug is absorbed, distributed, metabolized, and eliminated in the body), pharmacodynamics (how the drug interacts with the body’s physiological systems), and toxicology (how the drug affects the animal’s organs and tissues).
• Formulation development: During the preclinical stage, researchers also develop a formulation of the API, which is the final drug product that will be administered to humans. The formulation is optimized to ensure that the API is stable, safe, and effective when administered to humans.
Phase 1
A Phase 1 clinical trial is the first stage of testing a new API in humans. The goal of a Phase 1 trial is to evaluate the safety of the API and to determine the optimal dosage range.
Phase 1 clinical trials are typically conducted on a small number of healthy volunteers, usually between 20-80 individuals, who are closely monitored by medical professionals. During this phase, the API is administered to the volunteers, and the researchers collect data on its pharmacokinetics, pharmacodynamics, and any adverse effects that may occur.
The primary objectives of a Phase 1 clinical trial are as follows:
• Safety: The primary objective of a Phase 1 trial is to evaluate the safety of the API in humans. The researchers closely monitor the volunteers for any adverse effects, and they adjust the dosage if necessary to ensure that the API is safe for human use.
• Pharmacokinetics: Phase 1 trials also evaluate the pharmacokinetics of the API, which refers to how the drug is absorbed, distributed, metabolized, and eliminated in the body. This information helps to determine the optimal dosage and dosing frequency for subsequent clinical trials.
• Pharmacodynamics: Phase 1 trials also evaluate the pharmacodynamics of the API, which refers to how the drug interacts with the body’s physiological systems. This information helps to determine the therapeutic potential of the API and its mechanism of action.
• Dosage: Phase 1 trials aim to identify the optimal dosage range for the API in humans. This information is used to design subsequent clinical trials and to determine the maximum safe dosage for patients.
• Formulation: Phase 1 trials also evaluate the formulation of the API, which is the final drug product that will be administered to patients. This information is used to optimize the formulation to ensure that it is safe and effective for use in humans.
Phase 2
A Phase 2 clinical trial is the second stage of testing a new API in humans. The goal of a Phase 2 trial is to evaluate the efficacy and further assess the safety of the API in a specific patient population.
Phase 2 clinical trials are typically conducted on a larger number of patients, usually between 100-500 individuals, who have the target disease or condition that the API is intended to treat. During this phase, the API is administered to the patients, and the researchers collect data on its efficacy, safety, and optimal dosage.
The primary objectives of a Phase 2 clinical trial are as follows:
• Efficacy: The main objective of a Phase 2 trial is to evaluate the efficacy of the API in treating the target disease or condition. The researchers measure the API’s effectiveness in achieving the desired therapeutic outcome and compare it to a control group that receives a placebo or standard of care treatment.
• Safety: Phase 2 trials further evaluate the safety of the API in patients. The researchers closely monitor the patients for any adverse effects and determine the maximum safe dosage for patients.
• Dosage: Phase 2 trials aim to identify the optimal dosage range for the API in the specific patient population. This information is used to design subsequent clinical trials and to determine the maximum safe dosage for patients.
• Pharmacokinetics and pharmacodynamics: Phase 2 trials continue to evaluate the pharmacokinetics and pharmacodynamics of the API in the specific patient population. This information helps to determine the optimal dosing regimen and potential interactions with other medications.
Phase 3
A Phase 3 clinical trial is the third and final stage of testing a new API in humans before it can be approved by regulatory agencies for marketing and distribution. The goal of a Phase 3 trial is to confirm the efficacy and safety of the API in a larger patient population.
Phase 3 clinical trials are typically conducted on a much larger number of patients, usually between several hundred to several thousand individuals, who have the target disease or condition that the API is intended to treat. During this phase, the API is administered to the patients, and the researchers collect data on its efficacy, safety, and potential adverse effects.
The phase 3 objectives are similar to the phase 3 objectives, with usually an emphasis on long-term effects. Phase 3 trials may also evaluate the long-term effects of the API in patients. This information helps to assess the potential risks and benefits of the API over an extended period.
Post-marketing surveillance
Finally, we reach the state where the drug is out in the public, and ready to be consumed. But the control and safety procedures do not end here. Have you ever googled the website of a pharmaceutical company? Well, if you do, you can find in most of the websites a “contact us for complaints about a product” button. This is what we call post-marketing surveillance.
Post-marketing surveillance is usually carried out through various methods such as voluntary reporting of adverse events by healthcare professionals and patients, observational studies, and clinical trials. These methods help to identify any safety concerns or efficacy issues that were not detected during the preclinical and clinical trial stages.
Pharmaceutical companies are required to collect and report safety data on the API as part of their post-marketing surveillance obligations. Regulatory agencies such as the FDA use this safety data to monitor the safety and efficacy of the API, and may require additional safety studies or take regulatory action if safety concerns arise.
Conclusion
API clinical trials are a critical component of the drug development process, and they are essential in ensuring that new APIs are safe and effective for use in humans. The five stages of API clinical trials, but mainly the preclinical stage, phase 1, phase 2, and phase 3 trials, help to assess the safety and efficacy of APIs in humans.
The preclinical stage involves laboratory and animal testing to evaluate the safety and effectiveness of the API. Phase 1 trials assess the safety, tolerability, and pharmacokinetics of the API in a small group of healthy volunteers. Phase 2 trials evaluate the efficacy and safety of the API in a larger group of patients with the target disease or condition, and Phase 3 trials confirm the efficacy and safety of the API in a large patient population. After regulatory approval, post-marketing surveillance is conducted to ensure that the API continues to be safe and effective for use in patients.
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User:EMMANUEL KIGANDA MUSAYANSA
Emmanuel Kiganda Musayansa (born 26 January 1996) is a Ugandan citzen born in Kawuku village,Nakifuma county, Mukono district. | WIKI |
Run the vsan.host_claim_disks_differently RVC command to mark storage devices as flash, capacity flash, or magnetic disk (HDD).
About this task
You can use the RVC tool to tag flash devices as capacity devices either individually, or in a batch by specifying the model of the device. When you want to tag flash devices as capacity devices you can include them in all-flash disk groups.
Note:
The vsan.host_claim_disks_differently command does not check the device type before tagging them. The command tags any device that you append with the capacity_flash command option, including the magnetic disks and devices that are already in use. Make sure you verify the device status before tagging.
For information about the RVC commands for Virtual SAN management, see the RVC Command Reference Guide.
Prerequisites
• Verify that you are using Virtual SAN version 6.0 or later.
• Verify that SSH is enabled on the vCenter Server Appliance.
Procedure
1. Open an SSH connection to the vCenter Server Appliance.
2. Log into the appliance by using a local account that has administrator privilege.
3. Start the RVC by running the following command.
rvc local_user_name@target_vCenter_Server
For example, to use the same vCenter Server Appliance to mark flash devices for capacity as a user root, run the following command:
rvc root@localhost
4. Enter the password for the user name.
5. Navigate to the vcenter_server/data_center/computers/cluster/hosts directory in the vSphere infrastructure.
6. Run the vsan.host_claim_disks_differently command with the --claim-type capacity_flash --model model_name options to mark all flash devices of the same model as capacity on all hosts in the cluster.
vsan.host_claim_disks_differently --claim-type capacity_flash --model model_name *
What to do next
Enable Virtual SAN on the cluster and claim capacity devices. | ESSENTIALAI-STEM |
Japan’s economic troubles offer a glimpse of a sobering future - Free exchange
JAPAN ONCE offered a cautionary tale of how macroeconomic mismanagement could transform a juggernaut into a laggard. As weak growth and low interest rates have spread to the rest of the world, however, it looks more like a window into the future. The view it reveals is less bleak than it used to be; “Abenomics”—the growth-boosting policies of the government of Shinzo Abe since 2012—have restored some vim. But as economic growth once again sags towards zero, it is worth asking whether Mr Abe’s programme, bold as it has been, is radical enough. Japan earned its reputation as an economy adrift in the 1990s, when a popped financial bubble was followed by slow growth, deflation and low interest rates. As the government struggled to pry the economy from its rut, it pioneered policies like quantitative easing (QE; printing money to buy assets such as government bonds) that were used around the world after the global financial crisis. Economists debated how much Japan’s slump owed to weak demand rather than economic rigidities, for example an insufficiently limber corporate sector. Some doubted that, after years of easy money and bulging deficits, there was room left for stimulus to boost growth. Others reckoned that Japan could escape its rut if only its leaders were bold enough. Upgrade your inbox and get our Daily Dispatch and Editor's Picks. Abenomics showed that Japan’s economy was indeed suffering from weak demand. Fiscal and monetary stimulus were two of the “three arrows” of Mr Abe’s agenda (the other being structural reform). His government increased public investment and lit a fire under the Bank of Japan, which set an inflation target of 2% (stretching, for a country so deflation-stricken) and engaged in large-scale QE to meet it. The economy quickly responded. The yen tumbled, giving exporters a lift. Stock prices soared, and in 2013 economic growth hit a respectable 2%. Japan has since built on these successes. The economy has grown every year, just about. The unemployment rate has fallen to 2.4%. But the slump never quite ended. Perhaps it might have, had the government not raised the rate of consumption tax from 5% to 8% in 2014 in an effort to cut its mammoth gross debt pile, which reached 230% of GDP in 2012. Private consumption, which helped power growth in 2013, shrank in 2014 as the economy slowed to a stall. The government postponed a second planned increase for fear of starting a recession. Yet even now, five years on, the economy remains too weak to stomach fiscal tightening. In October the consumption tax was raised once more, to 10%. The increase landed harder than expected, hurting retail sales and squeezing an economy already battered by a slowdown in global trade. The government is now preparing a round of stimulus, hoping to tide Japan through this bout of weakness. It has become clear, however, that Japan’s demand woes are not simply an after-effect of financial crisis. Rather they are chronic, reflecting a profound demographic shift which depresses both demand and supply—and which is creeping its way across the rich world. Over the past 20 years Japan’s working-age population declined by more than 10m workers, or about 14%. It is projected to fall by even more over the next 20. Having fewer workers means lower growth and less need of investment. Although Abenomics reversed a long decline in investment, spending has been too low to prevent a steady increase in corporate hoarding: idle cash, draining demand from the economy. With unemployment so low, you might expect cash to flow to workers, whose spending could then energise growth. But incomes have risen surprisingly slowly—partly, the government reckons, because firms are choosing to automate rather than compete for ever scarcer workers by raising wages. When firms do invest, some spend on robots. Limp private-sector spending has in turn kept the government from cutting its debt. Were the state to begin saving in earnest, demand in the economy would collapse. Japan has long defied predictions of imminent fiscal crisis. Even so, demography could eventually break the public purse. At 46% in 2018, Japan’s old-age dependency ratio—the number of elderly people compared with the number of working age—is the world’s highest. It is projected to rise by nearly 20 percentage points over the next 20 years. Shifting the burden of tax away from consumers might reinvigorate household spending. But economists prefer consumption-tax rises to higher levies on income or profits, which they fear would further depress growth. Pressing firms to raise pay, perhaps with faster increases in the minimum wage, could help in the short run but accelerate automation over the medium to long term. Abenomics may yet fulfil its promise. A short burst of stimulus could see the economy through the current headwinds. Given a bit more reform and some luck, growth could rebound—sufficiently, perhaps, to stabilise government debt even as social spending grows. But it would not take much bad luck to spark a recession and reverse the past few years’ hard-won gains. To safeguard Japan’s economic future, more radical policies may be needed. Large-scale immigration might do the job. But Japan remains a closed society by rich-world standards. Just 2% of its population is foreign-born, compared with 13% in Britain and 22% in Canada. Instead, Japan may continue to blaze macroeconomic trails. The Bank of Japan, through QE, has spent trillions in newly created yen on stocks and bonds. It might instead try distributing new money to households. That would either raise inflation, prying Japan from the trap that has held it since the early 1990s, or demonstrate how best to manage the macroeconomic challenges posed by ageing and automation. Or it could simply call bond markets’ bluff, and borrow and spend as lavishly on public investment as circumstances require. Other countries may boggle at such strategies. Soon enough, they will learn for themselves just how tricky Japan’s position is. ■ | NEWS-MULTISOURCE |
Page:B M Bower - Heritage of the Sioux.djvu/253
ANNIE-MANY-PONIES WAITS that at last here came Ramon to take her to the priest, but for the first time since she had stolen out on the mesa to meet him, Ramon did not keep the tryst—and this was to be their marriage meeting! Annie-Many-Ponies grew very still and voiceless in her heart, as if her very soul waited. She did not even speculate upon what the future would he like if Ramon never came. She was waiting.
Then, just before the sky lightened, someone stepped cautiously along a little path that led through rocks and bushes back into the hills. Annie-Many Ponies turned her face that way and listened. But the steps were not the steps of Ramon; Annie-Many-Ponies had too much of the Indian keenness to be fooled by the hasty footsteps of this man. And since it was not Ramon her slim fingers closed upon the keen-edged knife she carried always in its sinew-sewed buckskin sheath near her heart.
The little black dog lifted his head suddenly and growled, and the footsteps came to a sudden stop quite near the rock.
"It is you?" asked a cautious voice with the 241 | WIKI |
Customizing the uClibc configuration ------------------------------------ [[uclibc-custom]] Just like xref:busybox-custom[BusyBox], http://www.uclibc.org/[uClibc] offers a lot of configuration options. They allow you to select various functionalities depending on your needs and limitations. The easiest way to modify the configuration of uClibc is to follow these steps: * Do an initial compilation of Buildroot without trying to customize uClibc. * Invoke +make uclibc-menuconfig+. The nice configuration assistant, similar to the one used in the Linux kernel or Buildroot, appears. Make your configuration changes as appropriate. * Copy the +$(O)/toolchain/uclibc-VERSION/.config+ file to a different place (like +toolchain/uClibc/uClibc-myconfig.config+, or +board/mymanufacturer/myboard/uClibc.config+) and adjust the uClibc configuration (configuration option +BR2_UCLIBC_CONFIG+) to use this configuration instead of the default one. * Run the compilation of Buildroot again. Otherwise, you can simply change +toolchain/uClibc/uClibc.config+, without running the configuration assistant. If you want to use an existing config file for uclibc, then see xref:env-vars[]. | ESSENTIALAI-STEM |
User:Bloodmemory/new article name here
Blood Memory
Blood memory is a term used most often by Indigenous peoples of the world, for the understanding of how Indigenous traditional knowledge(s) and memory is stored in the cells; or genetic makeup of one’s body (also referred to as cellular memory) (1,2,3,5,9,10,13). Other terms that have been used and linked to this concept include historical memory and heart memory (12,14).
Since blood is a natural feature of the physical body, the memories carried through blood represent shared ancestral memories and knowledge(s) that are interconnected and fluid through a generational mode of transmission The understanding of blood memory is tied to Indigenous knowledge(s) and Indigenous worldviews (1,2,3,5,9,12) Discussion of blood memory within Indigenous worldviews includes the experience of déjà vu (5). From an Indigenous knowledges understanding, déjà vu represents the body’s re-experiencing of an ancestral life path. Dreams and dreamtime are another mode of blood memory transmission for Indigenous knowledges to be remembered, learned, or taught (1,3,4)
Many Indigenous worldviews embody reincarnation within their experiences of spirituality, which may be representative of the linkage between ancestral life, spirit and blood memory transmission (10, 11). Reincarnation is the belief that one’s spirit leaves the body at the time of death and is again reborn into another body of either human or non-human. It has been argued that “blood memory” is “absurdly racist…(and) essentialist (ref 1). This literal analysis of blood memory states that because there is no human gene for perception to be experienced or felt, the idea of blood memory therefore creates barriers to understanding Native realities (8).
However, other Indigenous commentary asserts that memory in the blood is not understood to be an exclusive representative of (North American) Indigenous cultures and peoples (ref 1). Blood memory being identified as being essentialist has been identified as a sociological, critical analysis based in Eurocentric frameworks that have served and continue to serve to discount Indigenous knowledge (9).
“In a country where a powerful body of white politicians and scholars have for years maintained a monopoly of defining Indianness, and where Native peoples do not control the discourse that controls our lives, the concept of blood memory cuts through the pronouncements of “Indian experts”…for a people who have had much of their knowledge of the past severed, blood memory promises a direct link to the lives of our ancestors, made manifest in the flesh of their descendants” (9)
Blood memory in creative art forms
NVTV –Good Shield Aguilar. Blood Memory. Youtube video: http://www.youtube.com/watch?v=Oqc7MXP8QHE
Jolene Rickard – Commentary about Anishnabe artist Rebecca Belmore: http://www.rebeccabelmore.com/assets/Performing_Power.pdf
Blood Memory commentary from Mary Annette Pember about the Ziibiwing Center in central Michigan: http://www.dailyyonder.com/blood-memory/2010/07/15/2841 | WIKI |
Talk:Formation of the Napoleonic Empire
Redirect?
Is there any objection to redirecting this title to First French Empire or Napoleonic Wars? Or something better? Srnec (talk) 01:25, 7 March 2012 (UTC) | WIKI |
Luis Moscoso
Luis Saúl Moscoso (born May 13, 1950) is a former Washington State Representative from the 1st Legislative District, Position 2. He is a retired public servant having served 33 years in the public sector. He most recently served as the Director of Government Relations for the Washington Public Employees Association/UFCW Local 365 in Olympia, Washington where he oversaw and coordinated the WPEA's Legislative-Political program and issues advocacy agendas.
Moscoso served three terms as Secretary of the Washington State Democratic Party. He is President of the Board of the Institute for Washington’s Future and has served on various public and community boards including the Transportation Policy Board (Puget Sound Regional Council), City of Mountlake Terrace Community Policing Advisory Board and the Neutral Zone.
He is an organizer and former Executive Committee member of the NAACP-Snohomish County. He organized the Snohomish County Citizens Committee for Human Rights that wrote and promoted a local county ordinance to establish a local Human Rights Commission.
Moscoso, a first generation Peruvian American, moved from Iowa to Snohomish County, Washington in 1976 after receiving his Bachelor of Arts in Anthropology from the University of Iowa. He later joined Community Transit and organized Amalgamated Transit Union Local 1576 for county bus drivers in 1977, serving four terms as their first President/Business Agent. | WIKI |
BRIEF-Buckeye Partners L.P. Does Not Expect Material Impact From Recent FERC Income Tax Allowance Ruling
44 AM / in 13 minutes BRIEF-Buckeye Partners L.P. Does Not Expect Material Impact From Recent FERC Income Tax Allowance Ruling Reuters Staff Buckeye Partners LP: * BUCKEYE PARTNERS, L.P. DOES NOT EXPECT MATERIAL IMPACT FROM RECENT FERC INCOME TAX ALLOWANCE RULING * BUCKEYE PARTNERS LP - BELIEVES ANY POTENTIAL IMPACT BY FERC INCOME TAX ALLOWANCE RULING WOULD NOT BE MATERIAL TO BUCKEYE’S FINANCIAL RESULTS Source text for Eikon: Further company coverage: | NEWS-MULTISOURCE |
Talk:Helms Amendment to the Foreign Assistance Act/RFC on Marist Poll
RFC on Inclusion of Marist Poll
Should a link to the 21 January 2022 America magazine article reporting a Marist poll showing 54% opposition to taxpayer funding of abortion be included in the article on the Helms Amendment?
Please answer Yes or No with a brief explanatory statement in the Survey. Please do not reply to other editors in the Survey. That is what the Discussion is for. | WIKI |
5 Stocks to Sell in July
Get Out Before the Next Pullback
Just four days prior to the end of Q2, stocks appeared mired in a narrow band between the Dow's major support at its 200-day moving average at 11,800 and resistance at its 20-day moving average at 12,145. Investors threatened for the third time to plunge the market through its fragile support as they appeared overwhelmed by bad news from Greece and talk that QE3 was unlikely. The media warned of another flash crash.
A 300-point rally that could knock out both the 20-day moving average and exceed the June high at about Dow 12,250 was needed to reverse the threat of a breakdown - a highly unlikely development. But as the EU's deadline neared, it became clear that Greek lawmakers would have to settle for austerity measures, and then the U.S. economy delivered better-than-expected results. A 648-point Dow rally for the week followed, which advanced the index by 5.4%. However, volume was low with heavy short-covering, and quarter-ending pops are typically driven by institutional "window dressing."
Investors now have an opportunity to sell stocks that rose late in the quarter but lack valuation support or have outrun their earnings potential. Long-term investors who would rather hold than sell may be able to offset some losses by writing options . Here is your list of stocks to sell for July:
Stock to Sell #1 - Murphy Oil Corp. (MUR)
The energy sector was the top performer in the first half of the year, but Murphy Oil Corp. (NYSE: MUR ) lagged the sector, especially in the second quarter when the stock fell 10 points from over $75 to about $66.50 on July 1. A group of five analysts downgraded MUR with one saying that its long-term projects are limited by its low reserve-to-production ratio.
On the chart, a breakdown from a quadruple-top in April, as the stock plunged through its 200-day moving average, has established a technical pattern that even under the best of circumstances will be difficult to overcome. The low-volume rally of the final week of the second quarter resulted in an overbought stochastic and offers investors an opportunity to sell the stock.
Stock to Sell #2 - The New York Times Co. (NYT)
The New York Times Co. (NYSE: NYT ) is a diversified media outfit, yet the company, which has holdings in newsprint and paper mills, has not met the challenges of the digital age. Analysts say that operating margins are expected to narrow as newsprint prices increase, and earnings are expected to decline in 2011.
Technically, the stock has been in a decline for over six years. The recent recovery from under $7 to almost $9 does little to change NYT's technical outlook as it approaches an area of massive overhead resistance.
Stock to Sell #3 - PNC Financial (PNC)
PNC Financial Services Group (NYSE: PNC ) recently acquired RBC Bank, which could help the company in the long term, but analysts estimate that the deal will reduce 2012 operating EPS and that the merger won't break even until 2013. The financial services group has been a drag on the overall stock market this year, but until the second quarter, the regional banks had held steady. In late April, they too turned negative.
Technically, PNC has formed a huge "rounding top" during the past five months, creating overhead that will be difficult for buyers to overcome. Its bullish support line was broken in May, and the stochastic is now overbought.
The recent rally in which the stock recovered from under $56 to almost $61 offers an opportunity to sell. Those who wish to hold could write PNC Nov 62.50 Calls for $2.50 against their position and increase their income by more than 4%.
Stock to Sell #4 - Telefonos de Mexico (TMX)
Analysts anticipate that the fundamental regulatory and rate issues will remain weak this year.
After its breakdown from a double-top in 2007, Telefonos de Mexico (NYSE: TMX ) plunged to under $12. But in April 2010, the stock appeared to finally find a bottom and formed a base that ran TMX to over $19. But the base collapsed in May, and the stock fell through its key moving averages before reversing in May at under $16.
The chart below and TMX's longer-term chart are not encouraging. The current rebound will most likely run aground at its former bullish support line (red dashes) at $17.25. Selling has been heavy and the stochastic will shortly tell us that the stock is overbought. Sell at $17.50 or place a stop-loss order at $15.50.
Stock to Sell #5 - Teradyne (TER)
Although the semiconductor group has been a leader this year, Teradyne (NYSE: TER ) has not participated and belongs to a group of stocks to sell on a rebound. One reason for its failure is that earnings are expected to fall to $1.43 this year versus $1.73 last year, and even though the company is more optimistic about 2012 earnings, its spotty record of losses is not encouraging.
Following a breakdown in April at $16, the stock attempted to make a bottom in May, but failed, falling rapidly to its low at $13.51 in June. The support at between its low and $16 could hold, but it is unlikely that the stock will make much headway beyond the 50-day moving average (blue line) at $15.50.
Sell this stock now and hold cash with the expectation that better buys in the same group of stocks will appear before the end of the summer.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
Standard Page
The Latest At Henry Mayo
We have not had an Ebola case at Henry Mayo. Nonetheless we have taken extra preparedness measures, such as conducting additional staff training, to ensure we are well prepared should an Ebola patient arrive at Henry Mayo.
Here is some basic information about the disease:
WHAT IS EBOLA
Ebola, previously known as Ebola hemorrhagic fever, is a rare disease with a high fatality rate caused by an infection with one of the Ebola virus strains. Ebola can cause disease in humans and nonhuman primates (monkeys, gorillas, and chimpanzees).
WHO IS AT RISK OF EXPOSURE TO EBOLA
Healthcare providers caring for Ebola patients and the family and friends in close contact with Ebola patients are at the highest risk of getting sick because they may come in contact with the blood or body fluids of sick patients. People also can become sick with Ebola after coming in contact with infected wildlife/bushmeat in Africa.
WHAT ARE THE SYMPTOMS OF EBOLA
Fever (greater than 38.6°C or 101.5°F), severe headache, muscle pain, weakness, diarrhea vomiting, abdominal (stomach) pain, unexplained hemorrhage (bleeding or bruising), symptoms may appear anywhere from 2 to 21 days after exposure to Ebola, but the average is 8 to 10 days.
HOW IS EBOLA TRANSMITTED
Ebola is spread through direct contact (through broken skin or mucous membranes) with blood or body fluids (including but not limited to urine, saliva, feces, vomit, and semen) of a person who is sick with Ebola and or objects (like needles and syringes) that have been contaminated with the virus infected animals. Ebola is not spread through the air or by water, or in general, food. However, in Africa, Ebola may be spread as a result of handling bushmeat (wild animals hunted for food) and contact with infected bats. Healthcare providers caring for Ebola patients and the family and friends in close contact with Ebola patients are at the highest risk of getting sick because they may come in contact with infected blood or body fluids of sick patients
HOW TO PREVENT TRAVEL EXP0SURE TO EBOLA
Minimize exposure to travel and persons who have traveled to areas of an outbreak with Ebola in West Africa Countries (Guinea, Liberia, Sierra Leone, and Senegal)
HOW TO PREVENT EXPOSURE TO EBOLA
Practice careful hygiene. Avoid contact with blood and body fluids.
Do not handle items that may have come in contact with an infected person’s blood or body fluids.
Avoid funeral or burial rituals that require handling the body of someone who has died from Ebola.
Avoid contact with bats and nonhuman primates or blood, fluids, and raw meat from these animals.
After you return from areas of Ebola outbreak in West Africa monitor your health for 21 days and seek medical care immediately if you develop symptoms of Ebola
TREATMENT
No specific vaccine or medicine (e.g., antiviral drug) has been proven to be effective against Ebola.
Symptoms of Ebola are treated as they appear. The following basic interventions, when used early, can significantly improve the chances of survival:
• Providing intravenous fluids (IV) and balancing electrolytes (body salts)
• Maintaining oxygen status and blood pressure
• Treating other infections if they occur
Some experimental treatments developed for Ebola have been tested and proven effective in animals but have not yet been tested in randomized trials in humans.
For the latest Ebola news, please visit any of the following websites:
Federal Centers for Disease Control and Prevention
California Department of Public Health
Los Angeles County Department of Public Health
. | ESSENTIALAI-STEM |
Jim Worden
James F. Worden (May 16, 1942 – February 25, 2007) was a tight end in the Canadian Football League for the Saskatchewan Roughriders. He played college football at Wittenberg University.
Early years
Worden attended Clearview High School, where he played as a linebacker and offensive end, while helping his team win a championship in 1959 and earning Lakeland Conference honors.
He moved on to Division III Wittenberg College, where he played as an offensive and defensive end. He was a member of teams that had a combined record of 33-2-1 and won three Ohio Athletic Conference championships under head coach Bill Edwards. He was twice selected All-OAC and was the top vote getter on the All-league team as a junior.
In 1988, he was inducted into the Wittenberg University Athletics Hall of Honor.
Professional career
Worden was selected by the Dallas Cowboys in the 14th round (185th overall) of the 1964 NFL draft. He was waived before the start of the season.
In 1964, he signed with the Saskatchewan Roughriders of the Canadian Football League. He played as a tight end and was also known as a great blocker, helping fullback George Reed being named the CFL's Most Outstanding Player in 1965.
In 1966, he made a career-high 28 receptions for 462 yards and 3 touchdowns. In the 29-14 Grey Cup win against the Ottawa Rough Riders, he was the leading receiver with 3 receptions for 48 yards, including a six-yard touchdown reception in the first quarter. He also played in the 1967 Grey Cup.
Worden finished his career with 97 receptions for 1,789 yards, an 18.4 yards per catch average and 11 touchdowns. In 1996, he was inducted into the Roughriders Plaza of Honor.
Personal life
After football he returned to the Cleveland area, where he was a high school teacher at Columbia High School, before working in highway construction as a member of the Laborers Union Local 758 until his retirement in 1998.
His father James played in the NFL for the Cleveland Rams in 1945. His brother Dirk was a captain of the 1968 Ohio State University Football National Championship team, coached by Woody Hayes.
On February 25, 2007, Worden died of a heart attack after a period of declining health. | WIKI |
El Hierro (DO)
El Hierro is a Spanish Denominación de Origen Protegida (DOP) for wines that covers the entire island of El Hierro, the smallest and westernmost island of the Canary Islands, Spain. It acquired its DO in 1995.
History
The first vineyards were planted by an Englishman, John Hill, in the seventeenth century. The wine produced was used for distillation of spirits which were then exported to South America, especially Venezuela and Cuba. For centuries, sweet fortified wines from the Canaries were popular in England and was known as Canary Sack. In the play As You Like It by William Shakespeare (1564-1616), Sir Toby Belch calls for a "cup of Canary".
Geography and soils
The vineyards in El Hierro DO are planted on very infertile soils of different types: clay, lime-bearing, marl, sand, and even volcanic ash. All these soils are of volcanic origin as the area known as El Golfo (The Gulf) is formed by the edge of a large extinct volcano. They are all poor in nutrients, but have good water retention properties. There are around 200 ha planted to vines in this DO.
The vineyards are planted on steep slopes on terraces built of stone. The altitude varies from 125 m to 700 m above sea-level.
The main wine-producing areas are known as Valle del Golfo, Echedo y El Pinar
Climate
The large amount of annual average hours of sun (3,000 hrs/year) and the sea breezes are the main factors affecting the vines. In general the climate is temperate, rather dry close to sea-level and more humid at higher altitudes. Rainfall varies significantly between the east and west of the island, between 150 mm and 400 mm respectively. The trade winds, which blow in summer, affect the northeast of the island and bring significant amounts of humidity to the vineyards located around Echedo. Maximum summer temperatures rarely exceed 28 °C.
Authorised Grape Varieties
The authorised grape varieties are:
* Red: Bastardo Negro, Listán Negro, Negramoll, Tintilla, Vijariego Negro
* White: Bastardo Blanco, Bermejuela, Burrablanca, Gual, Listán blanco de Canarias, Malvasía Aromática, Malvasía Volcánica, Moscatel de Alejandría, Pedro Ximénez, and Vijariego
Traditionally the vines were planted as low bushes (en vaso) though newly planted vineyards tend to be on trellises (en espaldera). | WIKI |
Mines in the Battle of Messines (1917)
Several underground explosive charges were fired during the First World War at the start of the Battle of Messines (7–14 June 1917). The battle was fought by the British Second Army (General Sir Herbert Plumer) and the German 4th Army (General Friedrich Bertram Sixt von Armin) near Mesen (Messines in French, also used in English and German) in Belgian West Flanders. The mines, secretly planted and maintained by tunnelling companies of the Royal Engineers beneath the German front position, killed many German soldiers and created 19 large craters.
The explosions rank among the largest non-nuclear explosions. Before the attack, General Sir Charles Harington, Chief of Staff of the Second Army, told the press, "Gentlemen, I don't know whether we are going to make history tomorrow, but at any rate we shall change geography". The Battle of Messines marked the zenith of mine warfare. Just over two months later, on 10 August 1917, the Royal Engineers fired the last British deep mine of the war, at Givenchy-en-Gohelle near Arras.
British mining, 1915–1916
As part of Allied operations in the Ypres Salient, British mining against the German-held salient at Wijtschate (Wytchaete or Whitesheet to the British) near Messines had begun in early 1915, with diggings 15 – below the surface. The concept of a deep mining offensive was devised in September 1915 by the Engineer-in-Chief of the British Expeditionary Force (BEF), Brigadier George Fowke, who proposed to drive galleries 60 – underground. Fowke had been inspired by the thinking of Major John Norton-Griffiths, a civil engineer, who had helped form the first tunnelling companies and introduced the quiet clay kicking technique.
In September, Fowke proposed to dig under the Ploegsteert–Messines (Mesen), Kemmel–Wytschaete (Wijtschate) and Vierstraat–Wytschaete roads and to dig two tunnels between the Douve river and the south-east end of Plugstreet (Ploegsteert) Wood, the objectives to be reached in three to six months. Fowke had wanted galleries about 1050 yd long, as far as Grand Bois and Bon Fermier Cabaret on the fringe of Messines but the longest tunnel was a 720 yd gallery to Kruisstraat. The scheme devised by Fowke was formally approved on 6 January 1916, although Fowke and his deputy, Colonel R. N. Harvey, had already begun the preliminaries. By January, several deep mine shafts, marked as "deep wells" and six tunnels had been started. Sub-surface conditions were especially complex and separate ground water tables made mining difficult. To overcome the technical difficulties, two military geologists assisted the miners from March, including Edgeworth David, who planned the system of mines.
Co-ordinated by the Royal Engineers, the mine galleries were dug by the British 171st, 175th and 250th Tunnelling companies and the 1st Canadian, 3rd Canadian and 1st Australian Tunnelling companies, while the British 183rd, 2nd Canadian and 2nd Australian Tunnelling companies built dugouts (underground shelters) in the Second Army area. Sappers dug the tunnels into a layer of blue clay 80 – below the surface, then drifted galleries (horizontal passages) for 5964 yd to points beneath the position of the German Gruppe Wijtschate, despite German counter-mining. German tunnellers came within metres of several British mine chambers and, well before the Battle of Messines, found La Petite Douve Farm mine. On 27 August, the Germans set a camouflet, which killed four men and wrecked the gallery for 400 ft; the mine had been charged and the explosives were left in the chamber. A gallery of the Kruisstraat mine, begun on 2 January, had been dug for 750 yd and was flooded by a camouflet explosion in February 1917, after which a new chamber was dug and charged next to the flooded mine. The British diverted the attention of German miners from their deepest galleries by making many minor attacks in the upper levels.
British mining, 1917
The BEF miners eventually completed a line of deep mines under Messines Ridge that were charged with 447 LT of ammonal and gun cotton. Two mines were laid at Hill 60 on the northern flank, one at St Eloi, three at Hollandscheschur Farm, two at Petit Bois, single mines at Maedelstede Farm, Peckham House and Spanbroekmolen, four at Kruisstraat, one at Ontario Farm and two each at Trenches 127 and 122 on the southern flank. A group of four mines was placed under the German strongpoint Birdcage at Le Pelerin, just outside Ploegsteert Wood. The large mines were at St Eloi, charged with 95600 lb of ammonal, at Maedelstede Farm, which was charged with 94000 lb, and Spanbroekmolen on one of the highest points of the Messines Ridge, which was filled with 91000 lb of ammonal. The mine at Spanbroekmolen was set 88 ft below ground, at the end of a gallery 1710 ft long.
When detonated on 7 June 1917, the blast of the mine at Spanbroekmolen formed the "Lone Tree Crater" with a diameter of 250 ft and a depth of 40 ft.) The mine at Ontario Farm did not produce a crater but left a shallow indentation in the soft clay, after wet sand flowed back into the crater. Birdcage 1–4 on the extreme southern flank in the II Anzac Corps area, were not required because the Germans made a local retirement before 7 June. Peckham 2 was abandoned due to a tunnel collapse and the mine at La Petite Douve Farm was abandoned after the German camouflet blast of 27/28 August 1916. The evening before the attack, Harington, the Second Army Chief of Staff, remarked to the press, "Gentlemen, we may not make history tomorrow, but we shall certainly change the geography".
German mining, 1916–1917
In December 1916, Oberstleutnant Füßlein (also Füsslein), commander of German mining operations in the salient, had recorded that British deep mining was intended to support an offensive above ground and received three more mining companies, to fight in the British lower as well as the upper mine systems and had gained some success. In April 1917, the 4th Army (General Friedrich Bertram Sixt von Armin) received information from air reconnaissance that a British offensive was being prepared in the Messines Ridge sector, and a spy reported to OHL that if the offensive at Arras was frustrated, the British would transfer their effort to Flanders. Hermann von Kuhl, the Chief of Staff of Heeresgruppe Kronprinz Rupprecht (Army Group Crown Prince Rupprecht), suggested that the salient around Messines Ridge be abandoned, since it could be attacked from three sides and most of the defences were on forward slopes, vulnerable to concentric, observed artillery-fire. A voluntary retirement would avoid the calamity experienced by the defenders at the Battle of Vimy Ridge on 9 April.
Kuhl proposed a retirement to the Sehnen Line (Oosttaverne Line to the British), halfway back from the Second Line along the ridge or all the way back to the Third Line (Warneton Line). At a conference with 4th Army commanders to discuss the defence of Messines Ridge on 30 April, most of them rejected the suggestion, because they considered that the defences had been modernised, were favourable for a mobile defence and convenient for counter-attacks. The artillery commander of Gruppe Wijtschate said that the German guns were well-organised and could overcome British artillery. The divisional commanders were encouraged by a report by Füßlein on 28 April, that the counter-mining had been such a success, particularly recently that
"A subterranean attack by mine-explosions on a large scale beneath the front line to precede an infantry assault against the Messines Ridge was no longer possible. (nicht mehr möglich)"
- Füßlein
For this and other reasons the withdrawal proposal was dropped as impractical. Soon after the conference, Füßlein changed his mind and on 10 May, reported to the 4th Army his suspicions that the British might have prepared several deep mines, including ones at Hill 60, Caterpillar, St Eloi, Spanbroekmolen and Kruisstraat and predicted that if an above-ground offensive began, there would be big mine explosions in the vicinity of the German front line.
On 19 May, the 4th Army concluded that the greater volume of British artillery fire was retaliation for the increase in German bombardments and although defensive preparations were to continue, no attack was considered imminent. On 24 May, Füßlein was more optimistic about German defensive measures and Laffert wrote later, that the possibility of mine explosions was thought remote and if encountered they would have only local effect, as the front trench system was lightly held. From 12 May, weekly reports by the 4th Army made no mention of mining and Rupprecht made no reference to it after the end of the month. Other officers like Oberstleutnant (Lieutenant-Colonel) Wetzell and Oberst (Colonel) Fritz von Lossberg, wrote to OHL warning of the mine danger and the importance of forestalling it by a retirement; they were told that it was a matter for the commanders on the spot.
Battle: 7 June 1917
The British artillery fire lifted half an hour before dawn and as they waited in the silence for the offensive to begin, some of the troops reportedly heard a nightingale singing. Starting from 3:10 a.m. on 7 June, the mines at Messines were fired within the space of 20 seconds. The joint explosion ranks among the largest non-nuclear explosions, surpassing the mines on the first day of the Somme fired 11 months before. The sound of the blast was considered the loudest man-made noise in history. Reports suggested that the sound was heard in London and Dublin; at the Lille University geology department, the shock wave was mistaken for an earthquake. Some witnesses described "pillars of fire", although many also conceded that the scene was indescribable.
"Suddenly at dawn, as a signal for all of our guns to open fire, there rose out of the dark ridge of Messines and "Whitesheet" and that ill-famed Hill 60, enormous volumes of scarlet flame [...] throwing up high towers of earth and smoke all lighted by the flame, spilling over into fountains of fierce colour, so that many of our soldiers waiting for the assault were thrown to the ground. The German troops were stunned, dazed and horror-stricken if they were not killed outright. Many of them lay dead in the great craters opened by the mines."
- Philip Gibbs
That the detonations were not simultaneous enhanced their effect on the German troops. Strange acoustic effects also added to the panic – German troops on Hill 60 thought that the Kruisstraat and Spanbroekmolen mines were under Messines village, which was well behind the front line, while some British troops thought that they were German counter-mines going off under the British support trenches. The combined explosion is considered to have killed more people than any other non-nuclear man-made explosion in history. The historian Simon Jones challenged the death toll of the mines using primary sources and suggested that the mine explosions killed hundreds of German troops and that the casualty-figure of 10,000 men killed was the 21-day casualty total ending on 10 June, 7,344 of whom were taken prisoner, recorded in Der Weltkrieg, the German official history, mistakenly taken by British writers to be the result of the mine explosions.
Aftermath
Two days after the battle, the Gruppe Wijtschate commander General Maximilian von Laffert was sacked (He died of a heart attack eleven days later). The German official history, Der Weltkrieg (volume XII, 1939), placed the mines, which were unprecedented in size and number, second in a list of five reasons for the German defeat. In an after-action report, Laffert wrote that had the extent of the mine danger been suspected, a withdrawal from the front trench system to the Sonne Line, half-way between the first and second positions, would have been ordered before the attack, since the cost inflicted on the British by having to fight for the ridge justified its retention. In 1929, Hermann von Kuhl lamented the failure to overrule the 4th Army commanders on 30 April and prevent "one of the worst tragedies of the war".
"The Battle of Messines was regarded as the most successful local operation of the war but it left a legacy: six mines were not used. Four on the extreme southern flank were not required because the ridge fell so quickly, and another, a 20000 lb mine codenamed Peckham, was abandoned before the attack due to a tunnel collapse. The sixth, and one of the biggest, was planted under a ruined farm called La Petite Douve. It was lost when the Germans mounted a counter-mining attack, and never used. After the war, La Petite Douve was rebuilt by its owners, the Mahieu family, and later renamed La Basse Cour. The mine is beneath a barn, next to the farmhouse."
- Neil Tweedie | WIKI |
Discrete S-Conical Scherk Tower
Alexander I. Bobenko, Tim Hoffmann, Benno König, Stefan Sechelmann
Media
Description
The classical Scherk surfaces were discovered by H.F. Scherk in [1]. For a comprehensive treatment of the Scherk minimal Surfaces see: [2]. We present a discrete version of the singly periodic Scherk surface, also known as Scherk's second minimal surface. It is a discrete s-conical version, see [3], of this surface, see [A Fundamental Piece] and the corresponding Gauss image [Discrete Gauss Map]. It is constructed using orthogonal circle patterns on the sphere (see [4]) to create a discrete version of the Gauss image.
In additional to this, we present data for the the discrete associate family. Scherk's discrete singly periodic minimal surface contains Scherk's doubly periodic surface at \(\gamma=\frac{\pi}{2}\) in the associate family, see [Conjugate Scherk Minimal Surface]. This surface is parameterized along asymptotic lines as in the smooth case.
Other digital versions of this model can be found at [5], and [6], and [7].
References
Prof. Dr. Alexander I. Bobenko +
Projects: A01, A02, C01, B02, Z, CaP, II
University: TU Berlin, Institut für Mathematik, MA 881
Address: Straße des 17. Juni 136, 10623 Berlin, GERMANY
Tel: +49 30 31424655
E-Mail: bobenko[at]math.tu-berlin.de
Website: http://page.math.tu-berlin.de/~bobenko/
Prof. Dr. Tim Hoffmann +
Projects: A02
University: TU München
E-Mail: hoffmant[at]ma.tum.de
Website: http://www-m10.ma.tum.de/bin/view/Lehrstuhl/TimHoffmann
Benno König +
Projects: A02
University: TU München
Dr. Stefan Sechelmann +
Projects: A01
University: TU Berlin
E-Mail: sechel[at]math.tu-berlin.de | ESSENTIALAI-STEM |
package Net::SecurityCenter::API::Scan;
use warnings;
use strict;
use Carp;
use English qw( -no_match_vars );
use parent 'Net::SecurityCenter::Base';
use Net::SecurityCenter::Utils qw(:all);
our $VERSION = '0.300';
my $common_template = {
id => {
required => 1,
allow => qr/^\d+$/,
messages => {
required => 'Scan ID is required',
allow => 'Invalid Scan ID',
},
},
filter => {
allow => [ 'usable', 'manageable' ]
},
fields => {
filter => \&sc_filter_array_to_string,
}
};
#-------------------------------------------------------------------------------
# METHODS
#-------------------------------------------------------------------------------
sub add {
my ( $self, %args ) = @_;
my $single_id_filter = sub {
return { 'id' => $_[0] };
};
my $array_ids_filter = sub {
my $data = [];
foreach my $id ( @{ $_[0] } ) {
push( @{$data}, { 'id' => $id } );
}
return $data;
};
my $report_filter = sub {
my $data = [];
my $report_types = [ 'cumulative', 'patched', 'individual', 'lce', 'archive', 'mobile' ];
require Params::Check;
foreach my $id ( keys %{ $_[0] } ) {
my $type = $_[0]->{$id};
if ( !Params::Check::allow( $type, @{$report_types} ) ) {
croak( "Invalid 'reports ($type) value (allowed values: " . join( ', ', @{$report_types} ) . ')' );
}
push( @{$data}, { 'id' => $id, 'reportSource' => $type } );
}
return $data;
};
my $tmpl = {
name => {
required => 1,
errors => { required => 'Specify scan name' }
},
description => {},
targets => {
filter => \&sc_filter_array_to_string,
remap => 'ipList'
},
assets => {
filter => \&$array_ids_filter,
},
zone => {
allow => qr/\d+/,
errors => { allow => 'Invalid Scan Zone ID' },
filter => \&$single_id_filter
},
policy => {
allow => qr/\d+/,
errors => { allow => 'Invalid Policy ID' },
filter => \&$single_id_filter
},
plugin => {
allow => qr/\d+/,
errors => { allow => 'Invalid Plugin ID' },
filter => \&$single_id_filter
},
repository => {
allow => qr/\d+/,
errors => { allow => 'Invalid Repository ID' },
filter => \&$single_id_filter
},
credentials => {
filter => \&$array_ids_filter,
},
max_time => {
allow => qr/\d+/,
remap => 'maxScanTime'
},
email_on_launch => {
remap => 'emailOnLaunch',
filter => \&sc_filter_int_to_bool,
allow => qr/\d/,
},
email_on_finish => {
remap => 'emailOnFinish',
filter => \&sc_filter_int_to_bool,
allow => qr/\d/,
},
dhcp_tracking => {
remap => 'dhcpTracking',
filter => \&sc_filter_int_to_bool,
allow => qr/\d/,
},
reports => {
filter => \&$report_filter,
},
type => {
allow => [ 'plugin', 'policy' ]
},
timeout => {
allow => [ 'discard', 'import', 'rollover' ],
remap => 'timeoutAction',
},
schedule => {
filter => sub {
return sc_schedule( %{ $_[0] } );
},
},
rollover => {
allow => [ 'nextDay', 'template' ],
remap => 'rolloverType',
},
scan_vhost => {
remap => 'scanningVirtualHosts'
},
};
my $params = sc_check_params( $tmpl, \%args );
croak('"policy" and "plugin" are not allowed in same time')
if ( defined( $params->{'policy'} ) && defined( $params->{'plugin'} ) );
if ( !defined( $params->{'type'} ) ) {
$params->{'type'} = ( $params->{'policy'} ) ? 'policy' : 'plugin';
}
my $result = $self->client->post( '/scan', $params );
# Return the Scan Result ID for schedule=now scans
if ( defined( $result->{'scanResultID'} ) ) {
return $result->{'scanResultID'};
}
# Return the Scan ID
if ( defined( $result->{'id'} ) ) {
return $result->{'id'};
}
}
#-------------------------------------------------------------------------------
sub execute {
my ( $self, %params ) = @_;
$params{'schedule'} = { 'type' => 'now' };
return $self->add(%params);
}
#-------------------------------------------------------------------------------
sub launch {
my ( $self, %args ) = @_;
my $tmpl = {
diagnostic_target => { remap => 'diagnosticTarget' },
diagnostic_password => { remap => 'diagnosticPassword' },
id => $common_template->{'id'},
};
my $params = sc_check_params( $tmpl, \%args );
my $scan_id = delete( $params->{'id'} );
my $result = $self->client->post( "/scan/$scan_id/launch", $params );
if ( !defined( $result->{'scanResult'}->{'id'} ) ) {
croak('Invalid response from SecurityCenter'); # TODO
}
return $result->{'scanResult'}->{'id'};
}
#-------------------------------------------------------------------------------
sub list {
my ( $self, %args ) = @_;
my $tmpl = {
fields => $common_template->{'fields'},
filter => $common_template->{'filter'},
raw => {},
};
my $params = sc_check_params( $tmpl, \%args );
my $raw = delete( $params->{'raw'} );
my $scans = $self->client->get( '/scan', $params );
return if ( !$scans );
return $scans if ($raw);
return sc_merge($scans);
}
#-------------------------------------------------------------------------------
sub get {
my ( $self, %args ) = @_;
my $tmpl = {
fields => $common_template->{'fields'},
id => $common_template->{'id'},
};
my $params = sc_check_params( $tmpl, \%args );
my $scan_id = delete( $params->{'id'} );
my $raw = delete( $params->{'raw'} );
my $scan = $self->client->get( "/scan/$scan_id", $params );
return if ( !$scan );
return $scan if ($scan);
return sc_normalize_hash($scan);
}
#-------------------------------------------------------------------------------
sub delete {
my ( $self, %args ) = @_;
my $tmpl = { id => $common_template->{'id'}, };
my $params = sc_check_params( $tmpl, \%args );
my $scan_id = delete( $params->{'id'} );
return $self->client->delete("/scan/$scan_id"); # TODO
}
#-------------------------------------------------------------------------------
1;
__END__
=pod
=encoding UTF-8
=head1 NAME
Net::SecurityCenter::API::Scan - Perl interface to Tenable.sc (SecurityCenter) Scan REST API
=head1 SYNOPSIS
use Net::SecurityCenter::REST;
use Net::SecurityCenter::API::Scan;
my $sc = Net::SecurityCenter::REST->new('sc.example.org');
$sc->login('secman', 'password');
my $api = Net::SecurityCenter::API::Scan->new($sc);
my $scan_id = $api->add(
name => 'Test API scan',
target => [ '192.168.1.2', '192.168.1.3' ],
description => 'Test from Net::SecurityCenter Perl module',
policy => 1,
repository => 2,
zone => 1
);
$sc->logout();
=head1 DESCRIPTION
This module provides Perl scripts easy way to interface the Scan REST API of Tenable.sc
(SecurityCenter).
For more information about the Tenable.sc (SecurityCenter) REST API follow the online documentation:
L<https://docs.tenable.com/sccv/api/index.html>
=head1 CONSTRUCTOR
=head2 Net::SecurityCenter::API::Scan->new ( $client )
Create a new instance of B<Net::SecurityCenter::API::Scan> using L<Net::SecurityCenter::REST> class.
=head1 METHODS
=head2 list
Get list of scans.
Params:
=over 4
=item * C<fields> : List of fields
=item * C<filter> : Filter (C<usable>, C<manageable>)
=back
=head2 add
Create a new scan on Tenable.sc (SecurityCenter) and return the C<scan_id> (or C<scan_result_id>
for C<schedule=now> argument).
my $scan_id = $scan->add(
name => 'Test API scan',
target => [ '192.168.1.2', '192.168.1.3' ],
description => 'Test from Net::SecurityCenter Perl module',
policy => 1,
repository => 2,
zone => 1
);
Params:
=over 4
=item * C<name> : Name of scan (I<required>)
=item * C<description> : Description of scan
=item * C<type> : Type of scan
=over 4
=item * C<policy>: Create a policy scan (need C<policy>)
=item * C<plugin>: Create a plugin scan (need C<plugin>)
=back
=item * C<targets> : Array of targets (IP, subnet or ranges)
=item * C<assets> : Array of Asset ID
=item * C<zone> : Scan Zone ID (default: C<0>)
=item * C<policy> : Policy ID for C<type=policy> scan type
=item * C<plugin> : Plugin ID for C<type=plugin> scan type
=item * C<repository> : Repository ID
=item * C<credentials> : Array of credential ID (default: C<[]>)
=item * C<max_time> : Max scan time (default: C<3600>)
=item * C<email_on_launch> : Send the email on scan launch (default: C<0>)
=item * C<email_on_finish> : Send the email on scan finish (default: C<0>)
=item * C<dhcp_tracking> : Enable DHCP tracking (default: C<0>)
=item * C<rollover> : Rollover type on C<timeout> action
Allowed values:
=over 4
=item * C<nextDay>
=item * C<template> (default)
=back
=item * C<timeout> : Timeout action
=over 4
=item * C<discard>
=item * C<import> (default)
=item * C<rollover>
=back
=item * C<reports> : Reports hash ( id => type )
=item * C<schedule> : Schedule type
=over 4
=item * C<dependent>
=item * C<ical>
=item * C<never>
=item * C<rollover>
=item * C<template>
=item * C<now> (Execute the scan on Nessus scanner and return the scan result C<id>)
=back
=back
=head2 launch
Launches the scan associated with C<id> to Nessus scanner.
Params:
=over 4
=item * C<id> : Scan ID
=item * C<diagnostic_target> : Valid IP/hostname
=item * C<diagnostic_password> : Diagnostic password
=back
=head2 execute
This is a facility for run immediatly a scan in Tenable.sc (SecurityCenter)
using Nessus Scanner without create a scan.
B<NOTE>: This method is an alias for C<$sc-E<gt>add ( schedule =E<gt> 'now', ... )>.
See C<$sc-E<gt>add_scan> paragraph for information about the allowed C<params>.
=head2 delete
Delete the scan associated with C<id>.
Params:
=over 4
=item * C<id> : Scan ID
=back
=head1 SUPPORT
=head2 Bugs / Feature Requests
Please report any bugs or feature requests through the issue tracker
at L<https://github.com/giterlizzi/perl-Net-SecurityCenter/issues>.
You will be notified automatically of any progress on your issue.
=head2 Source Code
This is open source software. The code repository is available for
public review and contribution under the terms of the license.
L<https://github.com/giterlizzi/perl-Net-SecurityCenter>
git clone https://github.com/giterlizzi/perl-Net-SecurityCenter.git
=head1 AUTHOR
=over 4
=item * Giuseppe Di Terlizzi <gdt@cpan.org>
=back
=head1 LICENSE AND COPYRIGHT
This software is copyright (c) 2018-2020 by Giuseppe Di Terlizzi.
This is free software; you can redistribute it and/or modify it under
the same terms as the Perl 5 programming language system itself.
=cut | ESSENTIALAI-STEM |
"COQUETTE" PERPETUAL MOTION CONCEPT
SUMMARY
A device resembling the outline of the body of a bird, consisting of one
piece of halved metal tubing running through the center over a pivot,
with two further halved tubing pieces running downward roughly in an
arc on either side, and joining the center tube at either end.
One end is shorter, that is, closer to the pivot and more heavily
weighted (this is essential), so that when a large metal ball weight is
placed on the short end, it follows a slight downward slope past the
pivot, where its weight begins to bear down on an upward grade. At
this point it has leverage sufficient to lift the short end somewhat, so that
as it moves onward it applies further and further leverage.
When it reaches the end of the long end of the structure of tubes, the
channel bisects backwards on a lower grade, giving two possible (and
identical) paths. Each is graded in such a way that it is sloped in the
horizontal in relation to the pivot joint. The predicted result is that, since
the long end has reached its lowest point, the ball weight rolls until it
reaches a point of lesser leverage, where the heavier weight of the short
end of the structure begins to provide additional slope until the weight
returns to the same point on the short end of the structure.
The principle, much like the Repeating Lever type 2, is that return might
be made on leverage through the use of counterbalance weights.
NEXT: DIAGRAMS
MAIN
PM Theory
CONCEPTS
Grav-Buoy2
Fluid Leverage
Curving Rail
Motive Mass
Repeat Lever
Tilt Motor
COQUETTE
Diagrams
Mpegs
Demo
Magnet
Bezel Weight
Grav-Motor
Conv. Wheel
Pendulums
Escher Mach
Spin Top
Apollo Device
Spiral Device
Early Failures
DISCLAIMER
PM Types
Questions, comments, or other
inquiries may be directed to:
contact@nathancoppedge.com
NATHAN COPPEDGE--Perpetual Motion Concepts
NATHANCOPPEDGE.COM
IMPOSSIBLEMACHINE.COM
STATISTICS: Coquette
VOLITION: 2
(2 active u / 1 dual-axial u)
EQUILIBRIUM: 1
(1 u / 1 stem / 1 cycle)
EFFICIENCY: 2 or 4
(2 Ve / 0.5,1 VE)
VOLITIONAL STATEMENT:
The error here was an assumption
about stems in a cycle, in other
words I used the wrong math; I
have doubts now, not so about the
second iteration, Type 2
white elephant
Amongst other objects, the
coquette may be inspired by the
angularity of coat hangers
STATISTICS: Coquette Type 2
VOLITION: 2
( 2 active u / 1 dual-axial u)
EQUILIBRIUM: 1
(1 mobile u / 1 stems / 1 cycle)
EFFICIENCY: 2
( 2 Ve / 1 VE)
VOLITIONAL STATEMENT:
The secret here is that mobile
leverage force differs within the
same range of motion, producing
imbalance; everything in the
design is optimized for the effect;;
THE SONG OF THE COQUETTE
When will come the tilting coquette---?
What kingdom will lend its crown---?
Above the tree the form will tilt---!
By scaffolds built a gleaming machine---!
Older than the ancient em-pire---!
A seed, within a star
Higher than embiciles of gravity
It turns travelers a-jar---!
Here is this most simple infinity
Sitting beside a crumbling chimney
Made of brass or metal fair!
Physics lost its wits to make
The bricks stick together bricks, it takes
An engineer two thousand years to make----
A Til-ting Coquette!
---Nathan Coppedge
More on my concept of
Volitional math at
IMPOSSIBLEMACHINE.COM | ESSENTIALAI-STEM |
User:Iceamen
Lucky audu 32 years old from Edo state Nigeria born and brought up in Lagos is a rapper/ song writer. | WIKI |
SMAD7
Summary: The protein encoded by this gene is a nuclear protein that binds the E3 ubiquitin ligase SMURF2. Upon binding, this complex translocates to the cytoplasm, where it interacts with TGF-beta receptor type-1 (TGFBR1), leading to the degradation of both the encoded protein and TGFBR1. Expression of this gene is induced by TGFBR1. Variations in this gene are a cause of susceptibility to colorectal cancer type 3 (CRCS3). Several transcript variants encoding different isoforms have been found for this gene. [provided by RefSeq, Jun 2010].
NameOMIM IDEnsembl IDHGNC IDPHARMGKB IDMap Location
SMAD family member 7MIM:602932Ensembl:ENSG00000101665HGNC:HGNC:6773PA13487528618q21.1
GO terms in SMAD7
Term TypeEvidence TypeGO Term IDGO Des.
CCIDAGO:0001650fibrillar center
CCIDAGO:0005634nucleus
CCIDAGO:0005654nucleoplasm
CCTASGO:0005654nucleoplasm
CCIEAGO:0005667transcription factor complex
CCIDAGO:0005737cytoplasm
CCIDAGO:0005813centrosome
CCIDAGO:0005829cytosol
CCTASGO:0005829cytosol
CCIDAGO:0005886plasma membrane
CCIDAGO:0005913cell-cell adherens junction
CCIDAGO:0016342catenin complex
CCIDAGO:0032991protein-containing complex
BPIDAGO:0000122negative regulation of transcription by RNA polymerase II
BPIEAGO:0001657ureteric bud development
BPISSGO:0002725negative regulation of T cell cytokine production
BPIEAGO:0006351transcription, DNA-templated
BPIEAGO:0007179transforming growth factor beta receptor signaling pathway
BPIMPGO:0010717regulation of epithelial to mesenchymal transition
BPICGO:0010719negative regulation of epithelial to mesenchymal transition
BPTASGO:0010719negative regulation of epithelial to mesenchymal transition
BPIDAGO:0010801negative regulation of peptidyl-threonine phosphorylation
BPIDAGO:0010944negative regulation of transcription by competitive promoter binding
BPTASGO:0016579protein deubiquitination
BPICGO:0017015regulation of transforming growth factor beta receptor signaling pathway
BPIDAGO:0022409positive regulation of cell-cell adhesion
BPTASGO:0030336negative regulation of cell migration
BPTASGO:0030509BMP signaling pathway
BPIDAGO:0030512negative regulation of transforming growth factor beta receptor signaling pathway
BPTASGO:0030512negative regulation of transforming growth factor beta receptor signaling pathway
BPIDAGO:0030514negative regulation of BMP signaling pathway
BPIDAGO:0031397negative regulation of protein ubiquitination
BPIDAGO:0031398positive regulation of protein ubiquitination
BPIDAGO:0032436positive regulation of proteasomal ubiquitin-dependent protein catabolic process
BPIDAGO:0032925regulation of activin receptor signaling pathway
BPIDAGO:0033137negative regulation of peptidyl-serine phosphorylation
BPIMPGO:0034333adherens junction assembly
BPIEPGO:0034616response to laminar fluid shear stress
BPIDAGO:0034629cellular protein-containing complex localization
BPIDAGO:0043433negative regulation of DNA-binding transcription factor activity
BPTASGO:0045944positive regulation of transcription by RNA polymerase II
BPISSGO:0048844artery morphogenesis
BPIDAGO:0050821protein stabilization
BPIDAGO:0051444negative regulation of ubiquitin-protein transferase activity
BPISSGO:0055010ventricular cardiac muscle tissue morphogenesis
BPISSGO:0055117regulation of cardiac muscle contraction
BPICGO:0060373regulation of ventricular cardiac muscle cell membrane depolarization
BPISSGO:0060389pathway-restricted SMAD protein phosphorylation
BPIDAGO:0060394negative regulation of pathway-restricted SMAD protein phosphorylation
BPTASGO:0060394negative regulation of pathway-restricted SMAD protein phosphorylation
BPISSGO:0060412ventricular septum morphogenesis
BPIMPGO:0071560cellular response to transforming growth factor beta stimulus
BPIEAGO:1990830cellular response to leukemia inhibitory factor
BPISSGO:2000317negative regulation of T-helper 17 type immune response
BPISSGO:2000320negative regulation of T-helper 17 cell differentiation
MFISAGO:0000981RNA polymerase II transcription factor activity, sequence-specific DNA binding
MFIPIGO:0005515protein binding
MFIEAGO:0005518collagen binding
MFIPIGO:0008013beta-catenin binding
MFIDAGO:0030617transforming growth factor beta receptor, inhibitory cytoplasmic mediator activity
MFIPIGO:0031625ubiquitin protein ligase binding
MFIPIGO:0034713type I transforming growth factor beta receptor binding
MFIDAGO:0044212transcription regulatory region DNA binding
MFIEAGO:0046872metal ion binding
MFIPIGO:0048185activin binding
MFIPIGO:0070411I-SMAD binding
Gene expression in normal tissue: SMAD7
Gene-model tissue-cancer distribution: Bubble Plot
Gene-drug pathway distribution
Pathways in SMAD7
DatabasePathway IDPathway Des.
reactomeR-HSA-162582Signal Transduction
reactomeR-HSA-162582Signal Transduction
reactomeR-HSA-170834Signaling by TGF-beta Receptor Complex
reactomeR-HSA-170834Signaling by TGF-beta Receptor Complex
reactomeR-HSA-201451Signaling by BMP
reactomeR-HSA-212436Generic Transcription Pathway
reactomeR-HSA-212436Generic Transcription Pathway
reactomeR-HSA-2173788Downregulation of TGF-beta receptor signaling
reactomeR-HSA-2173788Downregulation of TGF-beta receptor signaling
reactomeR-HSA-2173789TGF-beta receptor signaling activates SMADs
reactomeR-HSA-2173789TGF-beta receptor signaling activates SMADs
reactomeR-HSA-2173793Transcriptional activity of SMAD2/SMAD3:SMAD4 heterotrimer
reactomeR-HSA-2173793Transcriptional activity of SMAD2/SMAD3:SMAD4 heterotrimer
reactomeR-HSA-2173796SMAD2/SMAD3:SMAD4 heterotrimer regulates transcription
reactomeR-HSA-2173796SMAD2/SMAD3:SMAD4 heterotrimer regulates transcription
reactomeR-HSA-392499Metabolism of proteins
reactomeR-HSA-392499Metabolism of proteins
reactomeR-HSA-5688426Deubiquitination
reactomeR-HSA-5688426Deubiquitination
reactomeR-HSA-5689603UCH proteinases
reactomeR-HSA-5689880Ub-specific processing proteases
reactomeR-HSA-597592Post-translational protein modification
reactomeR-HSA-597592Post-translational protein modification
reactomeR-HSA-73857RNA Polymerase II Transcription
reactomeR-HSA-73857RNA Polymerase II Transcription
reactomeR-HSA-74160Gene expression (Transcription)
reactomeR-HSA-74160Gene expression (Transcription)
reactomeR-HSA-9006936Signaling by TGF-beta family members
reactomeR-HSA-9006936Signaling by TGF-beta family members
biocartatgfbpathwaytgf beta signaling pathway
pidalk1pathwayALK1 signaling events
pidbmppathwayBMP receptor signaling
pidhdac_classi_pathwaySignaling events mediated by HDAC Class I
pidifngpathwayIFN-gamma pathway
pidsmad2_3nuclearpathwayRegulation of nuclear SMAD2/3 signaling
pidtgfbrpathwayTGF-beta receptor signaling
kegghsa04350TGF-beta signaling pathway - Homo sapiens (human)
kegghsa04390Hippo signaling pathway - Homo sapiens (human)
netpathPathway_TGF_beta_ReceptorTGF_beta_Receptor
humancycPWY66-11BMP Signalling Pathway
wikipathwaysWP2755Transcriptional activity of SMAD2-SMAD3-SMAD4 heterotrimer
wikipathwaysWP2864Apoptosis-related network due to altered Notch3 in ovarian cancer
wikipathwaysWP3624Lung fibrosis
wikipathwaysWP366TGF-beta Signaling Pathway
wikipathwaysWP3924Hfe effect on hepcidin production
wikipathwaysWP3931ESC Pluripotency Pathways
wikipathwaysWP3980Protein alkylation leading to liver fibrosis
wikipathwaysWP560TGF-beta Receptor Signaling
Gene-Drug: Aster Plot
Drug IDDrug NameModel Num.
iGMDRD280CYTOCHALASIN B5
iGMDRD147Prima-11
iGMDRD506Fedratinib1
iGMDRD398Sepantronium3
iGMDRD887Compound 23 citrate2
iGMDRD434BMS-5369242
iGMDRD512nutlin 33
iGMDRD772BRD47703
Gene in drug-gene network: Network Plot
Gene-drug targets distribution
Gene Structure: PDB
Models in SMAD7
| ESSENTIALAI-STEM |
User:Kopininja79/Books/HRIS Information
HRIS Information
* System Development Life Cycle
* Client–server model
* Service-oriented architecture
* Software as a service
* Software development process
* Systems architecture
* Systems development life cycle
* Requirement
* Business requirements
* Functional requirement
* Implementation
* Non-functional requirement
* Requirement
* Requirements analysis
* User requirements document
* Feasibility
* Cost–benefit analysis
* Feasibility study
* Standards and Security
* Advanced Encryption Standard
* Certification and Accreditation
* Electronic human resources
* Information security management system
* National Institute of Standards and Technology
* Risk management framework
* Service-oriented architecture implementation framework
* Standard of Good Practice
* Statement on Auditing Standards No. 70: Service Organizations
* Patent & Copyright
* List of software patents
* Software patent | WIKI |
RTÉ Jr Radio
RTÉjr Radio is a children's digital radio station of the Irish public-service broadcaster Raidió Teilifís Éireann.
RTÉjr Radio is Ireland's first children's orientated radio station with a wide variety of programming from news, poetry, nursery rhymes, storytelling, dramas and more. The station broadcasts daily between 7:00 and 21:00 (time-sharing the DAB slot with RTÉ Chill) on DAB and Saorview in the Republic of Ireland and globally through the RTÉ Radio Player.
The radio station is complemented by the RTÉjr television channel available on Saorview, Virgin Media Ireland, eVision, Aer TV and Sky Ireland.
On 6 November 2019, RTÉ management announced that, as part of a major cost-saving program, all its digital radio stations would be closed, including RTÉjr Radio. However on 2 March 2021 it was revealed by RTÉ that the broadcaster would close its DAB radio network while retaining its digital radio services.
On November 16, 2023, RTÉ announced the closure of most of its digital-only services, including RTÉjr Radio, in 2024, as part of the broadcaster's 'New Direction' internal restructuring. | WIKI |
In 2012, people in the northeastern state killed about 150,000 federally protected Amur falcons. In 2013, the number dropped to zero, after a campaign by the state and nonprofit groups to promote the value of wildlife.
A Hunting Community in Nagaland Takes Steps Toward Conservation
DOYANG, Nagaland — In the fall of 2012, the people in this northeastern state, which is known for its hunting traditions, killed about 150,000 federally protected Amur falcons, the highest number recorded in India, as the birds made their annual flight from Siberia at the end of October to stay in the Doyang reservoir for the month of November on their way to southern Africa. | NEWS-MULTISOURCE |
Page:The Complete Peerage Ed 2 Vol 2.djvu/187
BESSBOROUGH 171 EARLDOM [I.]] II. BARONY [I.] III. 1758. 2 and 3. William (Ponsonby), Earl of Bess- borough, &'c. [I.], also Baron Ponsonby of Sysonby, 2nd, but ist surv. s. and h. by ist wife, i>. 1704; M.P. (Whig) for Newtonards 1725-27 for CO. Kilkenny 1727-58; for Derby 1742-54 for Saltash 1754-56, and for Harwich 1756-58 P.C. [I.] 19 Nov. 1 741; Sec. to the Lord Lieut [I.] 1741-44. A Lord of the Admiralty 1746-56; of the Treasury 1756-59 Vice Admiral of Munster, and Gov. and Custos Rot. of co. Kilkenny 1758 Joint Postmaster Gen. 1759-62 and 1765-66. P.C. [G.B.] 12 July 1765 Trustee of the Brit. Museum 1768 till his death. He ;«., 5 July 1739, Caroline, ist da. of William (Cavendish), 3rd Duke of Devonshire (Lord Lieut, of Ireland, 1737-44), by Catharine, only da. and h. of John H0SK.1NS. She, who was l>. 22 May 1719, being goddaughter of George II, d. 20 Jan. 1760, and was Ifur. at All Saints', Derby. He i/. II Mar. i793,('') and was i>ur. at All Saints', Derby, aged 88. Will pr. May 1793. EARLDOM [I.] III. BARONY [1.] IV. 1793- 3 and 4. Frederick. (Ponsonby), Earl of Bessborough, is^c. [I.], also Baron Ponsonby of Sysonby, 5th, but only surv. s. and h., /^. 24 Jan., and l^ap. 21 Feb. 1758, at St. Marylebone. Matric. at Oxford (Ch. Ch.) 27 Oct. 1774, M.A. 22 Apr. 1777; D.C.L. 30 Apr. 1779. M.P. (Whig) for Knaresborough 1780-93; a Lord of the Admiralty, Mar. to July 1782, and Apr. to Dec. 1783. Hew;., 27 Nov. 1780 (spec, lie), at her father's house in St. James's, Westm., Henri- etta Frances, 2nd da. of John (Spencer), ist Earl Spencer, by Margaret Georgiana, da. of the Rt. Hon. Stephen Poyntz, of Midgeham, Berks. She, who was /-. 16 June 1761, at Wimbledon, <r/. 14 Nov. 1821, near Florence, and was I'ur. in the Cavendish vault at Derby. He rt'. 3 Feb. 1844, at Canford House, Dorset, aged 86, and was l^ur. at Canford, being removed to Hatherop, co. Gloucester. C") (") He is stated to have been addicted to " Virtu." See vol. i, Appendix H, for a list of amusements of Men ofFashion in 1782. He appears in I776,with awoman named Gilbert, as " The kind Keeper and Mile G . . b . . t," in the tete-a-tcte portraits in Town and Country Mag,, vol. viii, p. 265, for an account of which see Appendix B in the last vol. of this work. The Hon. Mrs. Hervey writes, 30 July 1777, " Lord Bessborough is here, who can never grow better or worse, or other than he is; it is incredible what nonsense he talks." His wife appears from contemporary records to have been a great gambler. V.G. C') He " is a man of the most amiable and mild manners; without at all affecting the character of an orator, he is an excellent speaker, and much attended to. He takes a decided part against the Union." [Sketches of Irish Political Character, I799)' V.G. | WIKI |
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Princess Toto
Princess Toto is a three-act comic opera by W. S. Gilbert and his long-time collaborator Frederic Clay. Its pre-London tour opened on 24 June 1876 at the Theatre Royal, Nottingham, starring Kate Santley, W. S. Penley and J. H. Ryley. It transferred to the Royal Strand Theatre in London on 2 October 1876 for a run of only 48 performances. Brief New York and Boston runs followed in 1879–80 starring Leonora Braham and Ryley, and there were later tours in the US. Princess Toto was revived in 1881 at the Opera Comique in London for a run of 65 performances (starring Richard Temple). There was also an 1886 revival in Australia.
Background
Princess Toto was the last work in a long and successful partnership with Clay that had produced four of Gilbert's major musical works up to that date. The year before, Gilbert and Arthur Sullivan, Clay's friend, had premiered their hit Trial by Jury, and after Princess Toto, Gilbert would not collaborate on any further operas with anyone other than Sullivan for the next 15 years.
Despite Clay's tuneful score and Gilbert's amusing libretto, the piece was not a major success, although it did enjoy the various tours and revivals over the years. After the initial production at Nottingham and the subsequent provincial tour, Gilbert sold the performing rights to Clay for a period of ten years. Therefore, it was Clay who oversaw the London productions of 1876 and 1881, and also the New York production and American tours during 1879–80 and later. The theatrical newspaper The Era gave a positive review of the New York production.
The most recent professional production that has been traced was staged by the Birmingham Repertory Company in 1935. A number of amateur companies have staged the piece since the early 1990s.
The publisher of the music, Cramer & Co., stated that the band parts and original printing plates for both Vocal Score and Libretto were destroyed in the World War II London blitz. However, a copy of the parts survives in Australia.
Roles and original cast
* King Portico (bass) – John Wainwright
* Zapeter, his prime minister (bass-baritone) – J. H. Ryley
* Jamilek, his grand chamberlain (tenor) – W. H. Seymour
* Prince Caramel, betrothed to Princess Toto (comic baritone) – Joseph E. Beyer
* Count Floss, member of Prince Caramel's suite (baritone) – B. R. Pepper
* Baron Jacquier, member of Prince Caramel's suite (tenor) – W. S. Penley
* Prince Doro, also betrothed to Princess Toto (tenor) – E. Loredan
* Princess Toto, daughter of King Portico (coloratura soprano) – Kate Santley
* Jelly, Toto's nurse (mezzo-soprano) – Alice Hamilton
Chorus: Courtiers and court ladies, pages, brigands, and Red Indians
* Non-singing characters in the initial run, but not revivals
* Giovanni, an old beggar
* Paolini, Vergillo, Tapioca, Sago, Vermicelli and Cathay
* Devine, Princess Toto’s favourite page
* Characters added later
* Follette (soprano)
* A Prisoner (non-singing)
Act I
King Portico, a highly dignified and scrupulously correct monarch, is generally worried that the newspapers might print something embarrassing about the royal family, especially the king's eccentric daughter, Princess Toto. Prince Doro, to whom Toto was betrothed in infancy, is reported to have been eaten by cannibals, so Portico has chosen the "highly respectable" Prince Caramel to receive Toto's hand. Caramel is already three days late for the wedding, and King Portico fears that he will not arrive at all. Prince Doro arrives after ten years shipwrecked "on a savage shore." He hopes that Toto still loves him. King Portico says that Doro cannot marry Toto, since, if he isn't dead, he has placed the king "in a very awkward and ridiculous position." He tells Doro that he hasn't lost much, since Toto is not only absent-minded but excessively romantic: "her head is filled with foolish ideas about Gypsies, robbers, actors, pirates, paving commissioners, Red Indians, and outlandish people of that sort," and her fancy has now fallen on the notorious brigand Barberini.
Princess Toto arrives, trying to remember why she is all dressed up. The others remind her that she is to be married, but that Prince Caramel hasn't arrived. She wants to go ahead perform the ceremony without delay. After all, "Who cares about the bridegroom at a wedding?" When the king insists on the need for a bridegroom, Toto suggests the stranger. When she learns that this stranger is Prince Doro, she asks him whether it hurt to be eaten by cannibals. Doro points out that he is alive, and Toto wishes to proceed with the wedding. The king, worried that Caramel may arrive and cause him embarrassment, leaves his prime minister, Zapeter, to explain the situation to Caramel, and the wedding party departs.
Caramel then arrives. Although he is a mild-mannered young man, when he learns that his fiancée is marrying another man, he threatens to interrupt the ceremony. Zapeter suggests that he pretend to be the brigand Barberini, and that the princess would forget her marriage to Doro. Toto is thrilled to meet the dashing "Barberini". She is surprised that he doesn't look like the "ferocious monster" who had been describe to her, but Caramel explains: "that's my nasty cunning; it disarms people and puts them off their guard." Toto is eager to join the "brigands", and so they depart.
Act II
In the mountains, Prince Caramel's court pretends to be a band of brigands. They have taken an old beggar captive and are serving him their best food and wine. Word has got around, and people have come from miles around hoping to be taken prisoner. Jelly, Princess Toto's maid, scolds the band, advising that they should be "cutting them up and sending them home in little bits", and Toto is similarly disappointed in the brigands' behaviour. Toto has had a pleasant dream about marrying "a beautiful young Prince named Doro," and wishes she could have the same dream again. But she agrees to marry "Barberini," and they leave to wed.
Doro arrives, upset at the loss of his bride so soon after their wedding. He has decided to become a brigand and die an outlaw. Caramel, returning from his wedding with Toto, hints to her that it would be amusing if it turned out that he wasn't a real brigand after all but a respectable man. Toto says that if she were to find that he had deceived her in this way she would shoot him. Caramel therefore decides to continue to deceive her. Doro asks "Barberini" for a place in the brigand band and is refused. Toto insists that this promising fellow should be hired. Doro recognises Toto, but she merely finds his face familiar. When they are left alone he reveals that he is her husband. She notes the marriage to Barberini, but she recognises him as the husband of her dreams and informs him that he will disappear when she wakes up. He finally convinces her that he is real, and that she ran off with "Barberini" within minutes of their marriage. She begs his pardon and promises to stop marrying other men, although she still cannot remember his name. They sneak away.
King Portico arrives with Zapeter and Jamilek, dressed as American Indians, hoping that their colourful disguises will lure Toto into going home with them. Zapeter has "diligently studied the works of Fenimore Cooper" and Jamilek speaks in the metre of Longfellow's poem "Hiawatha." Portico threatens Zapeter with execution if news of their embarrassing ruse should get into the papers. They hear a loud soprano voice (Toto's) singing. Zapeter "listens with his ear close to the ground," and impresses the king by deducing that a woman approaches. Toto appears and is intrigued by their primitive appearance. She determines to join them and "perhaps marry one of the tribe, and become a squaw." They leave. Caramel and his band arrives, but his men refuse to give chase.
Act III
On a tropical island, King Portico's court is still pretending to be Indians. Portico is concerned about how Toto will react when she learns of the deception. Again, Toto is disappointed with the behaviour of the "Indians", who eat caviar and refuse to hunt wild buffalo. Portico is finds out that a boat is approaching and is afraid that he will be ridiculed, but Jamilek suggests that he hide in some prickly cactus. Caramel and Doro arrive in the boat, having become friends – each thinks the other is going to help him recover his lost bride.
Caramel meets Toto and identifies himself as both Prince Caramel and Barberini. Toto asks, "Didn't I marry you or something?" She apologises and sings that she will always love him. She then sings the second verse to Doro without realising that he's a different person. After some confusion, Toto decides that Doro is her real husband and tells Caramel that he is only a dream. Caramel proposes to Jelly. The princess admits that she has been mistaken. Her father appears. Toto agrees to marry Doro (again) and places herself in his hands.
Musical numbers
N.B. There is no particular significance to why some songs are numbered "9a", "10a" and so on, except 1a (reprise of 1). It probably just indicates that additional songs were added after composing had begun and the scores were never renumbered to reflect it. It does not, for instance, indicate that the songs run into each other.
* Act I
* Prelude
* 1. "This is a court in which you'll find" (Chorus)
* 1a. Exit music for Chorus: Reprise of "This is a court in which you'll find"
* 2. "Oh bride of mine" (Doro)
* 3. "Of our opinion to impart" (Chorus of Bridesmaids and Princess Toto)
* 4. "Like an arrow from its quiver" (Princess Toto)
* 5. "Come let us hasten, love, to make us one" ... "We cannot wait" (Doro, Toto, Jelly, Zapeter and King)
* 6. March: "With princely state" (Caramel, Floss, and Jacquier)
* 7. "My hand upon it – 'tis agreed" (Caramel, Floss, Jacquier, and Zapeter)
* 8. Vocal Waltz: "Banish sorrow till tomorrow" (Toto, Doro and Chorus)
* 9. "Oh tell me now, by plighted vow" (Doro and Toto)
* 9a. Finale, Act I: "A hat and a bright little feather" (Ensemble)
* Entr'acte
* Act II
* 10. "Cheer up, old man" (Jacquier and Chorus)
* 10a. "We are nobles all, though in brigands' disguise" (Chorus)
* 11. "I have two worlds – I live two lives" (Toto)
* 12. "At last I shall marry my own" (Toto, Caramel, Jelly, Floss, and Chorus)
* 13. "There are brigands in every station" (Doro)
* 14. "So take my hand, it is agreed" (Toto, Doro, and Caramel)
* 15. "My own, own love, my gentle wife" (Doro and Toto)
* 16. Entrance of 'Red Indians': "With skip and hop" (King, Zapeter, and Jamilek)
* 17. Finale, Act II: "Away, away to Indian isles" (Ensemble)
* Act III
* Prelude
* 18. "Bang the merry tom-tom, sing the merry song" (Folette, Zapeter, Jamilek, and Chorus)
* 18a: Cut Song: "The King of the Pigs was a good piggee" (Toto and Chorus)
* 19. Barcarolle: "When you're afloat in an open boat" (Jelly, with Doro, Caramel, Jacquier, and Floss)
* 20. "I'm a simple little maid" (Toto)
* 21. Finale, Act III: "So pardon, pray, you may depend" ... "At last I shall marry my own" (Toto, Doro, and Ensemble)
Critical response
When the pre-London tour reached Edinburgh The Scotsman's critic commented that if every comic opera had the benefit of a libretto by Gilbert the genre would be even more popular than it already was. Clay's music was thought "light, tuneful and thoroughly congenial", though not of any great originality, and showing some indebtedness to Offenbach. When the piece opened in the West End, The Globe judged it an "unequivocal success", praised the libretto ("sparkles with wit") and found Clay's music "unambitious" but "flowing and pleasant" and at its best in the vocal solos. The Illustrated Sporting and Dramatic News thought the libretto exceptional: "Not only are the incidents laughter-provoking, but the dialogue is full of unexpected sallies of wit and humour which provoke irrepressible laughter". The paper observed that although Clay's music "cannot claim high rank, it ripples pleasantly along."
When the piece opened in New York in 1880 The Era's correspondent wrote that although inevitable comparisons between the music of Princess Toto and that of H.M.S. Pinafore were not to the advantage of the former, there were some "pleasing numbers and characteristic music". Gilbert's libretto was highly praised, and the reviewer thought him capable of "confer[ring] upon the British and American Drama a lasting and inestimable benefit". | WIKI |
Vinyl halide
In organic chemistry, a vinyl halide is a compound with the formula CH2=CHX (X = halide). The term vinyl is often used to describe any alkenyl group. For this reason, alkenyl halides with the formula RCH=CHX are sometimes called vinyl halides. From the perspective of applications, the dominant member of this class of compounds is vinyl chloride, which is produced on the scale of millions of tons per year as a precursor to polyvinyl chloride. Polyvinyl fluoride is another commercial product. Related compounds include vinylidene chloride and vinylidene fluoride.
Synthesis
Vinyl chloride is produced by dehydrochlorination of 1,2-dichloroethane.
Due to their high utility, many approaches to vinyl halides have been developed, such as:
* reactions of vinyl organometallic species with halogens
* Takai olefination
* Stork-Zhao olefination with, e.g., (Chloromethylene)triphenylphosphorane - a modification of the Wittig reaction
* Olefin metathesis
Reactions
Vinyl bromide and related alkenyl halides form the Grignard reagent and related organolithium reagents. Alkenyl halides undergo base elimination to give the corresponding alkyne. Most important is their use in cross-coupling reactions (e.g. Suzuki-Miyaura coupling, Stille coupling, Heck coupling, etc.). | WIKI |
Shortness of Breath
Shortness of breath may be due to Heart Failure which refers to the heart failing to pump efficiently.
Causes
There include coronary artery narrowings, high blood pressure, viral infections, atrial fibrillation, and diseases affecting the valves of the heart.
Symptoms
The main symptoms are tiredness, breathlessness on exertion or lying flat, and ankle swelling. Fluid retention can occur in different parts of the body, including the lungs, abdomen, or ankles.
Investigations for Heart Failure:
Chest X-ray
Resting Electrocardiograph (ECG)
A Resting ECG at Cardiology Specialists is an electrical tracing of your heart. Electrodes are placed on the skin of your arms, legs and across chest to measure electrical activity of the heart. It gives information about heart rate, evidence of old heart attacks, thickening of heart muscle, or heartbeat problems such as extra (ectopic) beats or atrial fibrillation.
Echocardiography
EchocardiographyEcho at Cardiology Specialists uses ultrasound to measure function of heart chambers and heart valves. Echo is also called Cardiac Ultrasound, which uses high frequency sound waves and is similar to a gall bladder or pregnancy ultrasound but is instead focused on the heart. Professor Hamid Ikram pioneered the introduction of Echo to Canterbury. At Cardiology Specialists, Echo is performed by a specially trained technician who moves a plastic transducer on the skin of the chest wall to obtain pictures of the heart chambers and valves. Echo (cardiac ultrasound) is useful for diagnosing weakened heart muscle, old heart attacks, heart valve narrowing or leaking, thickening of heart muscle, holes between heart chambers, or fluid in the sack around the heart.
Other test such as: Exercise ECG Test, 24 hour ambulatory Holter Monitor, Spirometry, and Coronary Angiography may be required.
Treatment
You are likely to have several medications over time. These include medication to control the amount of fluid that builds up (diuretics), medication to help reduce the size of the heart and improve the heart function, and sometimes medications to control heart rate and thin your blood. | ESSENTIALAI-STEM |
Can Ambarella Inc (AMBA) Move Out of GoPro Inc’s Shadow?
InvestorPlace InvestorPlace - Stock Market News, Stock Advice & Trading Tips
Riding GoPro Inc 's ( GPRO ) coattails, Ambarella Inc. ( AMBA ) quickly became a dominant player in the HD camera-on-a-chip niche market.
Unfortunately for the company, the relationship was a double-edged sword, and AM BA stock suffered alongside GoPro when guidance and sales went south. As such, investors will be closely watching Ambarella's first-quarter earnings report on Thursday for signs of growth away from the GoPro market.
Despite poor year-over-year fundamentals, sentiment remains largely bullish for AMBA stock. According to EarningsWhipser.com, the first-quarter whisper number for Ambarella comes in at 29 cents per share, a cent better than the consensus.
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Additionally, analysts continue to cling to their bullish outlooks on AMBA stock. According to data from Thomson/First Call, seven of the 11 brokerage firms following AMBA rate the shares a "buy" or better. Furthermore, the 12-month consensus price-target of $57 represents a 39% premium to Friday's close.
On the other hand, short sellers are betting big on another sharp decline in ABMA stock. As of the most recent reporting period, some 10 million shares of AMBA stock were sold short, representing a hefty 34% of the stock's total float, or shares available for public trading. While there is ample fuel for a short-squeeze situation, Ambarella will have to show growth outside of its GoPro relationship before these bears are shaken loose.
Click to Enlarge On the options front, speculators have sided with the bulls ahead of Ambarella's quarterly report. Currently, the June put/call open interest ratio for AMBA rests at a reading of 0.55, with calls nearly doubling puts among options set to expire within the next month. What's more, calls have been added at a break-neck pace in the weekly June 3 series, with the put/call OI ratio plummeting from 1.17 yesterday to 0.56 today. This surge in calls could be options traders betting on an earnings beat, or short sellers looking to protect their positions. Either way, this rise in call OI has bullish implications for AMBA stock.
Overall, weekly June 3 series implieds are pricing in a potential post-earnings move of about 7.6% for AMBA stock. This places the upper bound at $44.48, while the lower bound lies at $38.20 based on Tuesday's close.
2 Trades for AMBA Stock
Call Spread: Investors have had quite some time to digest the GoPro situation, and most of those concerns are already priced into the stock. As such, any positive guidance or new data on Ambarella's drone program could go a long way toward unravelling penned-up bearish sentiment. Those traders looking to join the bulls in the brokerage community might want to consider a June $42/$44 bull call spread.
At last check, this spread was offered at 81 cents, or $81 per pair of contracts. Breakeven lies at $42.81, while a maximum profit of $1.19, or $119 per pair of contracts, is possible if AMBA stock closes at or above $44 when June options expire.
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Put Sell: For those more cautious traders, a deep-out-of-the-money put may be just the way to bank a little profit while relying on technical support. At last check, the weekly June 3 series $37 put was bid at 25 cents, or $25 per contract.
As long as AMBA trades above $37 through the close of trading this Friday, traders will keep the premium received. If AMBA trades below $37 ahead of expiration, however, traders could be assigned 100 shares of AMBA stock for every put sold at a cost of $37 per share.
As of this writing, Joseph Hargett did not hold a position in any of the aforementioned securities.
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The post Can Ambarella Inc (AMBA) Move Out of GoPro Inc's Shadow? appeared first on InvestorPlace .
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc. | NEWS-MULTISOURCE |
[Name of the Writer]
[Name of the Institution]
Saint Augustine of Hippo was one of the most famous theologians and philosophers. He was born on 13 November, 354 AD in Numida and died on 28 August, 420AD. His feast is celebrated on 28 august the day after his mother’s feast. His father was agnostic however he converted to Christianity before he died. His mother Monica was a pious Christian. When he 11 years old, he was sent to school at Madaurus to learn about Latin literature. To pursue his education further he was sent to Carthage when he was 17 years old. His mother always wished for him to marry a girl within his community however he fell in love with a girl outside his community and had a child with her named Adeodatus. He was the bishop of Hippo regius and his famous works include “The confessions” and “The city of God”.
Talking about his beliefs, he believed that God is the creator of the whole universe including humans and angels. He believed that God gave the right of free will to humans, however, he modified his idea by explaining that humans possess the right of free will to do sin but they have no free will to believe in Christ as it is pre-determined. He also believed in a hierarchy where God is the supreme authority and all other beings are dependent upon him. He further added that all beings are good because they always inclined back towards God who created them. He also believed that heaven is farther from any person’s reach because human beings have committed sins in their life and did not deserve God’s mercy yet God is merciful and is responsible for saving a person. Furthermore, he also had a firm belief that hell is for those who have sinned their life as it is an everlasting punishment.
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Talk:Borg-Warner T-56 transmission
Need to include some ratios for Viper and Vette specific tranny's. Maybe an expansion of the differences between the tremec and the BW? Ultrapop1 07:06, Apr 19, 2005 (UTC)
T-56 vs ZF in C4 Corvette
To the unnamed user who keeps editing the first year for the T-56 in the Corvette to 1992, instead of 1997: The T-56 was not installed in the Corvette in any factory configuration until 1997, when it was set up as a transaxle in the 1997 Corvette. It continues to be used in the C6 Corvette and Corvette Z06 today, in the same configuration. Prior to 1989, the C4 Corvette did not have a proper six-speed; it had a '4+3', which was basically a four-speed with an external overdrive unit. In 1989, the C4 received the ZF six-speed transmission - the T-56 was not even available yet, and the ZF / C4 were designed around each other. It would not have made sense for GM to switch transmissions for no real reason in 1992, when the T-56 became available. This can be confirmed here and many other locations - for example, run a search on Car-Part.com for any Corvette between 1989 and 1996, for a transmission, and select the M.T. option - any case where the junkyard lists details, it will often indicate 'ZF'. Please do not edit the page again unless you can find some verifiable proof that the C4 Corvette was ever shipped with a T-56 instead of a ZF 6-speed. Ayocee 16:38, 23 December 2005 (UTC)
at first i was against what Ayocee said about the 92-96 vettes not having a T56. i did research on my own and saw beyound a dout that he is correct. the 92-96 vettes got the ZF ZF6 manual transmission while the F-bodies got the T56 when they were upgraded with the LT1s. the Vettes didn't get this until they got LS1's. i guess what the real question is why did the F-bodies with LT1s got T56s while the vettes got the ZF? Ebay is a good website to varify this. just type in 92-96 corvette manual transmission and all sorts of ZF tranny stuff will pop up. Gulielmi2002 (talk) 18:51, 8 October 2009 (UTC)
Any current applications?
I just did a quick overview of things and it looks like out of the T-56's few remaining applications (more a matter of model death than anything else), most have switched to the TR-6060. Is the T-56 still being produced for use in any new vehicles after the end of the 2007 model year? Ayocee 01:04, 11 August 2007 (UTC)
* It does look like the the T-56 is being gradually phased out. However, there will still probably be a few vehicles using it after the end of 2007. The Holden Commodore will continue using it into 2008 as far as I'm aware. Since its Pontiac G8 cousin will debut with the TR-6060, Holden may switch over as well eventually but unlikely before late 2008. Likewise, the Ford Falcon continues to use it but there's been no confirmation what the next generation model will use. Also, low volume manufacturer Elfin uses it on the Elfin MS8 Streamliner/Clubman. Since they still persevere with the LS1 V8, the T56 might stay around until the end of time. It might be a good idea to ask your question again next year ;) VectorD 06:22, 11 August 2007 (UTC)
"No internal changes" when moved from BW to Tremec
I've got nothing hard on hand at the moment but I know I've heard that when they moved from BW to Tremec that some minor changes were made - namely synchromesh materials and a few other minor changes. Do we have any verifiable sources that can confirm or deny this? Ayocee (talk) 17:40, 10 March 2008 (UTC)
i do have good experience with this subject. i bought a T56 (BW)that was used behind an LT1. the problem was that i had an LS1 whcih use the Tremec. i was force to change the input shaft, the bell housing, and the adaptor plate. besides the input shafts being different lengths they are the same internally or everything behind the adaptor plate is the same. i have heard that the BW T56 gears were much harder and could stand more torque than the Tremec T56 from virtually everyone on the subject. Gulielmi2002 (talk) 18:50, 8 October 2009 (UTC) | WIKI |
Naomi Osaka comforts Coco Gauff after teen loses at US Open
(CNN)Coco Gauff will not match her magical Wimbledon run -- and Naomi Osaka's quest to defend her US Open title continues. In a blockbuster third-round matchup and in their first career meeting, the world No. 1 and 21-year-old from Japan bested the 15-year old American 6-3, 6-0 on Saturday to advance to the round of 16. After the match, in a move not seen often in tennis, Osaka embraced Gauff and asked the teen if she would share her interview with her on court at Arthur Ashe Stadium. Gauff initially said she didn't want to do it, because she knew she would cry. "She encouraged me to do it," Gauff said through tears to ESPN. Gauff went on to say: "I'm going to learn a lot from this match. She's been so sweet to me, so thank you for this. Thank you." After Gauff finished her interview, she said, "Thank you, Naomi. I don't want people to think that I'm trying to take this moment away from her, because she really deserves it." Before ESPN could ask Osaka a question, she went up to Gauff and gave her another hug, which drew roars from the crowd. Osaka then was asked what it is like to mentor someone like Gauff. "I don't think I'm a mentor," Osaka said to ESPN, and then turned to Gauff's player box, which included the teen's parents. Both Osaka and Gauff live in Florida and have known each other for a few years. "You guys raised an amazing player," Osaka said through her own tears. "I remember I used to see you guys training in the same place as us," Osaka continued. "For me, like the fact that both of us made it, and we're both still working as hard as we can, I think it's incredible. I think you guys are amazing. I think, Coco, you're amazing." 'It's better than crying in the shower' Gauff became an overnight sensation in July when she reached the fourth round of Wimbledon, beating the likes of Venus Williams in the process. In her run, she also became the first 15-year-old to reach the last 16 at Wimbledon since Martina Hingis in 1996. Gauff's Wimbledon came to an end at the hands of eventual champion Simona Halep, who lost Thursday to 23-year-old American Taylor Townsend. In her post-match press conference with reporters Saturday, Gauff said Osaka "really showed sportsmanship." "After the match, I think she just proved that she's a true athlete," Gauff said. "For me the definition of an athlete is someone who on the court treats you like your worst enemy but off the court can be your best friend. I think that's what she did tonight." Gauff also said she was glad she was able to experience that moment with Osaka, and she shared some of what Osaka said to her. "She told me it's better than crying in the shower," Gauff said. "She convinced me, like, multiple times to stay. I kept saying no. Finally I said, 'OK, I'll do it.' Because I didn't know what to do. I'm happy that she kind of convinced me to do it because, I mean, I'm not used to crying in front of everyone." For Osaka, she said her decision to ask Gauff to do the interview with her was instinctive. "When I shook her hand, I saw that she was kind of tearing up a little," Osaka said to reporters at her press conference. "Then it reminded me how young she was. "For me, at least when I lose, I just come into the locker room and I cry, then I do press, like, here. I love you guys, but it's not the greatest. Then I was thinking normal people don't actually watch the press conferences unless they're, like, fan fans. "The people that are out there, they're probably going to just stay and watch the next person who's playing, then they go home, and they wouldn't know immediately what's on her mind. "I was just thinking, like, it would be nice for her to address the people that came and watched her play. They were cheering for her." Osaka next will face No. 13 seed Belinda Bencic of Switzerland, who received a walkover to the fourth round when Anett Kontaveit withdrew ahead of their match due to illness. Bencic leads Osaka 2-1 in the head to head. Those two wins from the Swiss came this year, at Indian Wells and Madrid. Osaka became the first Japanese player to win a major singles title when she defeated her idol, Serena Williams, in last year's US Open final, making her a megastar. The Japanese-Haitian, who has dual Japanese and American citizenship, won her second grand slam crown at the Australian Open in January. She is bidding to become the first woman to defend the US Open since Serena Williams won three in a row from 2012 to 2014. This was Gauff's first match against an opponent ranked in the top 5 in her career. She was looking to be youngest player to reach the fourth round at the US Open since Anna Kournikova in 1996. The youngest player in the draw, Gauff was making her US Open singles debut as a wild card. Her tournament is not yet complete, however, as she's teaming up in women's doubles with 17-year-old fellow American Caty McNally, who lost to Serena Williams on Wednesday. Gauff and McNally defeated Julia Goerges and Katerina Siniakova in the first round and will face the No. 9 seeds, Nicole Melichar and Kveta Peschke, in the second round Sunday. The pair claimed the women's doubles title at the Citi Open in Washington earlier in August. In 2018, Gauff and McNally won the US Open girls' doubles title. | NEWS-MULTISOURCE |
HRSS, INC., et al., Plaintiffs, v. WAYNE COUNTY TREASURER, et al., Defendants.
No. 02-CV-71937-DT.
United States District Court, E.D. Michigan, Southern Division.
Aug. 28, 2003.
Robert Horvath, Troy, MI, Hugh Davis, Jr., Constitutional Litigation Assoc., P.C., Detroit, MI, for Plaintiffs.
Samuel Nouhan, Wayne County Corporation Counsel, Detroit, MI, for Defendants.
ORDER DENYING PLAINTIFFS’ “MOTION FOR SUMMARY JUDGMENT” AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ “CROSS-MOTION FOR DISMISSAL AND/OR SUMMARY JUDGMENT” AND HOLDING PLAINTIFF’S “MOTION FOR CLASS CERTIFICATION” IN ABEYANCE AND PERMITTING ADDITIONAL LIMITED DISCOVERY AND DIRECTING FURTHER BRIEFING
CLELAND, District Judge.
On June 16, 2008 Plaintiffs filed two motions: a “Motion for Summary Judgment” and a “Motion for Class Certification.” On July 17, 2003, Defendants filed a document entitled “Cross-Motion for Dismissal and/or Summary Judgment,” which included Defendants’ response to Plaintiffs’ motion and a motion for dismissal and/or summary judgment. In lieu of the August 27 hearing originally scheduled on these matters, the court conducted a status conference. See E.D. Mich. LR 7.1(e)(2). For the reasons stated below, Plaintiffs’ motion for summary judgment will be denied and their motion for class certification will be held in abeyance. Defendants’ motion will be granted in part and denied in part.
I. BACKGROUND
This dispute arises from mortgage foreclosure sales conducted by Wayne County (the “County”), primarily through the County’s Sheriff and Treasurer. All have been named as defendants in this suit. The facts in this case are largely undisputed.
On October 27, 1999, Plaintiffs Harold and Joann Holt were involved as the mortgagors in a mortgage foreclosure sale conducted by the County. The property that was foreclosed upon had costs, including an outstanding mortgage, attached to it in the amount of $16,503.55. The property was purchased for $41,000.00 at the mortgage foreclosure sale, leaving an overbid surplus of $24,496.45. State law directs the County to turn any surplus over to the mortgagor unless a claim, or competing claims, to the surplus proceeds are made. See Mich. Comp. Laws § 600.3252. If such claims are made, the state circuit court conducts a hearing to determine the proper disposition of the surplus funds.
In this case, Royal Mortgage Corporation, an alleged assignee of Harold and Joann Holt, made a claim to the $24,296.45 surplus. The case was assigned to Chief Wayne County Circuit Judge Michael Sa-pala, who issued an order on August 15, 2000 directing the County to issue the $24,496.45 surplus to the Holts. On August 16, 2000, the Wayne County Clerk’s Office issued a cheek in the amount of $24,496.45 to the Holts, which was retrieved by Joann Holt on September 15, 2000. A period of nearly ten months separated the foreclosure sale and the issuance of the check to the Holts.
Similarly, on August 3, 2000, Defendant Wayne County received an overbid surplus of $52,561.63 from the sale of certain other foreclosed-upon property. Plaintiff HRSS, Inc. (“HRSS”) was the assignee for any overbid surpluses resulting from that sale. On October 21, 2000, Defendant Wayne County tendered payment in the amount of $52,561.63 to HRSS.
According to the testimony of Kate Ben-Ami, a staff attorney for the Wayne County Sheriffs Department, before June 1999, the Sheriffs Department managed the overbid surplus funds internally, depositing the money into an account handled by the Sheriff. (Ben-Ami Dep. at 45-47.) On or about June 1, 1999, however, Wayne County’s “Director of Cash Management,” its Treasurer and its Sheriff (or certain unnamed “personnel” thereof) apparently decided to integrate “the Sheriff Court Services Division’s cash into the County general ledger system.” (Ex. 5 attached to Ben-Ami Dep.) This integration resulted in the overbid surpluses being pooled into the same account as other governmental revenues, including tax money, transfers from government agencies, and revenues collected by county agencies and facilities, such as golf courses. (Smith Dep. at 10.) This pooled account, the Wayne County Treasurer’s general receiving account, was deposited with Bank One.
Plaintiffs claim that once Defendants hold any surplus funds generated from mortgage foreclosure sales in an interest-bearing account, they have a duty to pay over the principal, along with any earned interest, to the mortgagor within a reasonable amount of time. Plaintiffs brought suit alleging violations of federal and state law. They also seek to certify this lawsuit as a class action on behalf of all mortgagors involved in Wayne County foreclosure sales that were not paid interest on their overbid surpluses.
II. SUMMARY JUDGMENT
A. Standard
Rule 56 of the Federal Rules of Civil Procedure, which governs summary judgment motions, provides in part that:
[t]he judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Fed.R.Civ.P. 56(e). The moving party has the burden of demonstrating that there is no genuine issue as to any material fact, and a summary judgment is to be entered if the evidence is such that a reasonable jury could find only for the moving party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). It is not necessary for the moving party to support its motion with affidavits or other similar forms of evidence; rather, the movant need only show that “there is an absence of evidence to support the non-moving party’s case.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “[Tjhere is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Anderson, 477 U.S. at 250, 106 S.Ct. 2505. Therefore, the court must necessarily examine the evidence provided in a light that is most favorable to the non-moving party, United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962), and decide “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law,” Anderson, 477 U.S. at 251-252, 106 S.Ct. 2505.
B. Discussion
1.State Tort Claims
Plaintiffs assert various state tort claims against Defendants, including conversion, wrongful appropriation, unjust enrichment, and breach of fiduciary duties. Because Defendants are immune from such allegations, these claims will be dismissed under Federal Rule of Civil Procedure 12(b)(6) for failing to state a claim upon which relief can be granted.
“A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.” Mich. Comp. Laws § 691.1407(5). The Wayne County Sheriff and Treasurer were acting within the scope of their authority when they held and disbursed funds from foreclosure sales, and thus are immune from tort liability under this statute.
Plaintiffs’ tort claims against Wayne County also fail as a matter of law because the county is immune under Michigan law. Unless a statutory exception applies, and no exceptions apply in this case, “a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function.” Mich. Comp. Laws § 691.1407(1). For purposes of this section, the term “governmental agency” includes counties. Accordingly, Wayne County is entitled to immunity for its role in foreclosure sales.
2.State Constitutional Claims
Plaintiffs’ claims brought pursuant to the Michigan Constitution also fail as a matter of law. In Jones v. Powell, 462 Mich. 329, 612 N.W.2d 423 (2000), the Michigan Supreme Court held that inasmuch as other avenues of relief are available, there is no “damage remedy for a violation of the Michigan Constitution in an action against a municipality or an individual government employee.” Id. at 426. As is evident in this case, another avenue of relief is available to obtain damages from the county and its officials, namely an action under 42 U.S.C. § 1983. Thus, under Jones, Plaintiffs’ state constitutional damages claims are barred. See Curry v. Wayne County, No. 216842, 2001 WL 765901 (Mich.App. Jan. 26, 2001) (affirming summary disposition of the plaintiffs constitutional claims against the county and its sheriff under Jones).
3.Takings
In their complaint, Plaintiffs allege a violation of their “substantive due process [right] to be free from arbitrary or illegitimate governmental actions.” Graham v. Connor, 490 U.S. 386, 395, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989), however, precludes the use of substantive due process analysis when a more specific constitutional provision governs. Thus, the court construes Plaintiffs’ substantive due process claim as a takings claim.
Further, Plaintiffs assert a violation of the Fourth Amendment’s prohibition of unreasonable seizures, made applicable to the states through the Fourteenth Amendment. Such a claim may be coupled with a Fifth Amendment takings claim. See Soldal v. Cook County, 506 U.S. 56, 70, 113 S.Ct. 538, 121 L.Ed.2d 450 (1992). Just as is the case with the Fifth Amendment takings claim, in order to demonstrate a violation of the Fourth Amendment, Plaintiffs must first demonstrate a constitutionally protected property interest. See United States v. Jacobsen, 466 U.S. 109, 113, 104 S.Ct. 1652, 80 L.Ed.2d 85 (1984) (a seizure of property occurs when “there is some meaningful interference with an individual’s possesso-ry interests in that property.”). Once Plaintiffs show that the government meaningfully interfered with their possessory interest, they must then show that the seizure was objectively unreasonable. See Thomas v. Cohen, 304 F.3d 563, 574 (6th Cir.2002); see also Fox v. Van Oosterum, 987 F.Supp. 597, 608 (W.D.Mich.1997) (“[C]ourts have held that the wrongful retention of property may state a claim under the Fourth Amendment.”). If Plaintiffs had a property right to the interest obtained from their overbid surpluses and the Defendants took those private funds for public use, the seizure would be objectively unreasonable. Accordingly, if Plaintiffs can demonstrate a property interest at stake and a violation of the Takings Clause, they can also prevail on a Fourth Amendment unreasonable seizure claim.
The Takings Clause of the Fifth Amendment provides that private property shall not “be taken for public use, without just compensation.” U.S. Const. amend. V. This restraint on the power of the has also been made applicable to the states through the Fourteenth Amendment. See Phillips v. Washington Legal Found., 524 U.S. 156, 163-64, 118 S.Ct. 1925, 141 L.Ed.2d 174 (1998). It is “designed to bar [the government] from forcing some peo-pie alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.” Penn Central Transp. Co v. City of New York, 438 U.S. 104, 123, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978) (internal citations omitted). The Takings Clause protects, rather than creates, property interests. Thus, the existence of a property interest is determined by reference to “existing rules or understandings that stem from an independent source such as state law.” Board of Regents of State Colleges v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972).
a. Existence of a Property Interest
Since the Michigan statute regarding foreclosure sales and payment of surplus proceeds, Mich. Comp. Laws § 600.3252, is silent with respect to the payment or retention of interest earned on the overbid surpluses, the court must look to Michigan common law to determine if a property right exists in this case. See Grand Rapids Pub. Schs. v. City of Grand Rapids, 146 Mich.App. 652, 381 N.W.2d 783, 785 (1986). “In general, interest is merely an incident of the principal fund, making it the property of the party owning the principal fund.” Id. at 786 (citing Pontiac Sch. Dist. v. City of Pontiac, 294 Mich. 708, 294 N.W. 141 (1940); Univ. of South Carolina v. Elliott, 248 S.C. 218,149 S.E.2d 433 (1966)). Thus, the common law rule that “interest follows principal” applies in Michigan. Star-Batt, Inc. v. City of Rochester Hills, 251 Mich.App. 502, 650 N.W.2d 422, 426 (2002) (“Interest earned on a principal fund is the property of the party owning the fund.”) This common law rule applies when a municipality acts as a custodian of private funds under state or local law. Id. at 426-27.
In this case, it is undisputed that the overbid surpluses generated from foreclosure sales in Wayne County are deposited into a general bank 'account administered by the Wayne County Treasurer. Defendants admit that interest is paid on the funds that are deposited in this account. (Defs.’ Br. at 11 (“The interest rates on the pool account for each month of a 43 month period are listed in Exhibit B. The average rate for the period is 3.95%.”).) Thus, this is not a situation where the funds failed to generate interest as a result of the County’s decision to forgo investment or deposit into an interest bearing account. Upon being deposited into the pooled account, the overbid surplus funds began generating interest, thus contributing to the overall interest income realized by the County. The interest income is then used to offset the numerous banking fees incurred by the County.
Defendants argue that because “in the last few years (with the exception of one month), the pool account generated fees and costs far exceeding the amount of interest generated,” no net interest or windfall to the county is generated, and thus Plaintiffs have no property right to claim. Conversely, Plaintiffs argue that “[t]he County took the[ ] private funds, commingled them with operational moneys, took the interest on the funds, and then used the pilfered interest for other purposes.” (Pl.’s Reply at 2.) Plaintiffs assert that the interest earned on the overbid surpluses was far greater than the fees associated with such funds, and that the remaining interest should have been disbursed to the owners of the principals rather than appropriated by the County to pay for unrelated banking fees. (Pls.’ Reply at 3 n. 2.) The court agrees with Plaintiffs. Assuming Plaintiffs can show that the fees attributable to the' overbid surpluses were less than the interest generated by the surpluses, the court finds that Plaintiffs have a cognizable property interest in any such net interest.
It is unclear under Michigan law whether a government entity has a duty to invest private money when held by the government in a custodial capacity. See Star-Batt, Inc., 650 N.W.2d at 424 n. 2 (“We express no opinion whether a city has any obligation to invest the cash bonds [belonging to private contractors and in the possession of the city], nor have we found any Michigan case law on this issue.”). Nonetheless, once such money is invested and generates interest, the common law rule is clear that the interest must follow the principal. While the gross interest earned on private money can be adjusted downward, or negatively impacted, to account for the costs and fees associated with the generation of such interest (leading to the net interest earned on the money), it cannot be used to offset other fees or costs levied against the county, even if those unrelated costs are contained in the same bank account as the private money. See id. at 423 (holding that the interest retained by the city was the property of the private contractor that owned the principal and that “[h]ad the city desired to charge an administrative fee [to offset the costs incurred by the city in administering the fund] ... it could have easily said so [in the ordinance], but the city did not.”).
Just as the County cannot take private funds or the interest generated on those funds to pay for government expenses such as employee wages, the County may not commandeer the interest earned on the overbid surpluses to pay for unrelated banking costs incurred by the County. The fact that the unrelated fees happen to be for funds held, or transactions stemming from, the same account in which the private surpluses are held is irrelevant. If net interest on the private funds has been generated, that interest must follow the principal. It cannot be diverted to pay for unrelated expenses of the County, even if the diversion occurs in relatively simple manner (i.e., within the County’s pooled banking account). See Phillips v. Washington Legal Found., 524 U.S. 156, 168, 118 S.Ct. 1925, 141 L.Ed.2d 174 (1998) (“[R]egardless of whether the owner of the principal has a constitutionally cognizable interest in the anticipated generation of interest by his funds, any interest that does accrue attaches as a property right incident to the ownership of the underlying principal.”). Once the County retains the net interest a taking has occurred. How the County may decide to spend the interest after the fact, whether it is banking fees or County construction projects, is irrelevant. See Webb’s Fabulous Pharm., Inc. v. Beckwith, 449 U.S. 155, 164, 101 S.Ct. 446, 66 L.Ed.2d 358 (1980) (“[A] State, by ipse dixit, may not transform private property into public property without compensation, even for the limited duration of the deposit in court. This is the very kind of thing the Taking Clause of the Fifth Amendment was meant to prevent. That Clause stands as a shield against arbitrary use of government power.”).
If the court were to accept Defendants’ position, the County could always avoid paying interest rightfully owned by private individuals by commingling the private funds it holds in the same account as public money, so long as the entire pooled account did not generate net interest. Such commingling could be done intentionally to allow the County to lower their banking fees at the expense of private fund-holders or it could be an inadvertent result of complex bookkeeping. In any event, the result is the same: the interest earned on private money is used to pay for unrelated County expenses, rather than being paid along with the principal. The Fifth Amendment is designed to prohibit such a result. See Penn Central Transp. Co., 438 U.S. at 123, 98 S.Ct. 2646 (The Takings Clause is “designed to bar [the government] from forcing some people alone to bear public burdens which, in all fairness and justice, should be borne by the public as a whole.”); see also Webb’s Fabulous Pharm,., Inc., 449 U.S. at 163, 101 S.Ct. 446 (characterizing the county’s retention of the interest as “a forced contribution to general governmental revenues, and ... not reasonably related to the costs of using the [government’s services]”).
The County’s argument that it does not receive a “windfall” from the interest generated on the overbid surpluses is unpersuasive. Although the pooled account typically does not generate net interest income on the whole, the County may realize a gain from the interest earned on the private funds. Such gains, if they exist, are then used to lower the County’s overall financial liability to the bank by decreasing the amount owed in fees. Thus, the county would be receiving a benefit at the expense of private individuals.
Further, if the county were permitted to retain the interest earned on private funds so long as those funds were pooled with other funds that generate substantial fees, incentives would exist for commingling private and public funds and for delaying the return of the private funds so that greater interest could be earned from them. See Webb’s Fabulous Pharm., Inc., 449 U.S. at 162, 101 S.Ct. 446 (“Indeed, if the county were entitled to interest, its officials would feel an inherent pressure and possess a natural inclination to defer distribution, for that interest return would be greater the longer the fund is held; there would be, therefore, a built-in disincentive against distributing the principal to those entitled to it”). In this case, although it is likely an unintentional side effect of administering the public and private funds in one commingled account, the turnaround time for disbursement of overbid surpluses increased once they were placed into the pooled account. (Ben-Ami Dep. at 47-48.)
For the reasons stated above, the court finds that, if the interest earned on the overbid surpluses was greater than fees properly attributed to those surpluses, the resulting net interest is the property of the individual that owns the principal and that the County’s retention of such interest, if it exists, without any compensation constitutes a taking in violation of the Fifth Amendment.
b. Factual Analysis of Pooled Account
Having found that a property right to any interest generated on the overbid surpluses, less the banking fees and costs associated with those surpluses, exists and is cognizable under the Takings Clause, the court must examine whether any factual issues exist regarding the generation of positive interest income on the surpluses. If Plaintiffs can demonstrate that the factual evidence compels one reasonable conclusion—that the interest generated on the overbid surpluses is greater than the relevant fees and costs assessed against those funds—summary judgment is appropriate. Conversely, if Defendants can demonstrate that the fees attributable to the surpluses are indisputably greater than the interest earned from the surpluses (i.e., net interest is not earned on the private money), they must be granted summary judgment. Otherwise, a jury issue exists.
Defendants argue that “[t]he handling of the surplus funds is a dynamic process, that requires periodic banking activity,” and because “the county is constantly depositing and disbursing surplus mortgage proceeds ... surplus fund activity will always generate banking costs and service fees associated with its handling.” (Defs.’ Br. at 8.) Defendants claim, “it is more likely than not that such costs and fees will exceed any interest attributable to surplus funds.” (Id.) Despite these assertions, Defendants simply provide the court with the records for the County Treasurer’s pooled account showing that the pooled bank fees exceed net interest on that account. Without explanation, these record shed little, if any, light on the assertions made by Defendants—that the fees associated with the handling of the surpluses “more likely than not” exceed any interest attributable to such surpluses. Accordingly, Defendants have not demonstrated that they are entitled to summary judgment.
Plaintiffs, on the other hand, attempt to explain the bank statements in a footnote contained in their reply. Plaintiffs, who have the ultimate burden of proof, however, only explain the charges levied per check issued on the surplus funds. (Pis.’ Reply at 3 n. 2.) Plaintiffs also set forth averages and an explanation of a single monthly statement (August 2000). There is no evidence regarding how many checks had to be deposited or issued in relation to Plaintiffs’ surpluses and there is no explanation of general, account-wide, charges that may be attributable to the surpluses. Thus, a factual issue exists as to which fees can fairly be assessed on the surpluses and whether those fees are greater than the interest earned by the surpluses. Accordingly, Plaintiffs’ cannot be granted summary judgment on their takings claim.
Thus, with respect to Plaintiffs’ Fourth Amendment seizure claim, Fifth Amendment takings claim, and procedural due process claim (see section II.B.4. below), a factual issue exists as to whether a property interest (i.e., net interest attributable to the surplus funds) existed and as to the amount of any such interest.
4. Procedural Due Process Claim
“In considering procedural due process claims, [the court] first determine whether the interest at stake is within the Fourteenth Amendment’s protection of liberty and property.” Ferencz v. Hairston, 119 F.3d 1244, 1247 (6th Cir.1997). “Only after [the court has] concluded that the interest claimed is within the protection do we consider the form and nature of the process that is due.” Id.
As discussed above, Plaintiffs may be able to demonstrate a protected property interest at stake in this case (i.e., the interest from the overbid surpluses). Further, there is no indication that a pre-deprivation procedure exists to protect a person claiming the excess funds and interest after the foreclosure sale. An individual simply requests the overbid funds and is provided with a check for the principal, while the county retains any interest generated from the private money. Thus, the evidence is clear that Plaintiffs’ property interest “was abridged without appropriate process.” LRL Properties v. Portage Metro Hous. Auth., 55 F.3d 1097, 1108 (6th Cir.1995); see also Thompson v. Ashe, 250 F.3d 399, 407 (6th Cir.2001) (“Courts have long recognized that the Fourteenth Amendment requires that an individual who is deprived of an interest in liberty or property be given notice and a hearing.”).
Defendants argue that Plaintiffs’ procedural due process claim must fail under Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981) because adequate post-deprivation remedies existed to protect Plaintiffs’ property interests. Plaintiffs, however, correctly note that the Parratt decision— holding that post-deprivation procedures are adequate under the Constitution when unpredictable, random acts unauthorized by state law or procedure resulted in a deprivation of property—is inapplicable where the actions at issue are in accordance with established government procedure. See Mertik v. Blalock, 983 F.2d 1353, 1365 (6th Cir.1993) (“Cases in which a due process challenge is made to deprivations resulting from the enforcement of an established state procedure stand in sharp contrast to Parratt and Hudson cases. In such cases, the actions at issue are not random or unauthorized, and it is both practical and feasible for the state to provide pre-deprivation process to the aggrieved party. A § 1983 plaintiff making this type of claim need not plead or prove the inadequacy of state remedies.”); see also Thomas v. Cohen, 304 F.3d 563, 578-80 (6th Cir.2002). Here, the actions of the Defendants were not random and unauthorized, but in accordance with the county’s procedure for managing the overbid surpluses and retaining the interest earned on such funds for the county’s general fund. (See Ex. 5 attached to Ben-Ami Dep.) Thus, the court finds unpersuasive Defendants’ argument that post-deprivation proceedings sufficed in this case. Accordingly, Defendants will be denied summary judgment on this claim. Inasmuch as a factual issue exists with respect to the actual existence of net interest earned on the overbid surpluses, Plaintiffs’ motion for summary judgment will also be denied.
5. Equal Protection
In the complaint, Plaintiffs allege a violation of their “right under the Equal Protection Clause of the Fourteenth Amendment to be free from arbitrary or irrational treatment.” (Comply 15.) Defendants argue that “the county had a legitimate interest in administrative efficiency and cash manageability when it deposited mortgage surplus funds in the pool account.” (Defs.’ Br. at 14.) Further, Defendants note that Plaintiffs have not alleged that they were treated differently than similarly situated persons based on a common group characteristic. See Heller v. Doe by Doe, 509 U.S. 312, 319-21, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993) (applying highly deferential rational basis standard to equal protection claim not involving fundamental rights or suspect class).
The court finds that no issue of material fact exists that would entitle Plaintiffs to relief on their equal protection claim. Plaintiffs have set forth no evidence indicating the class of persons that were subjected to differential treatment by the county. Further, the county’s decision to pool their funds and to simply distribute checks in the amount of the principal (without calculating and adding interest to the disbursements) was rationally related to the county’s legitimate interest in simplifying their management of funds and efficiently distributing private money without delay. Accordingly, Defendants’ motion for summary judgment will be granted with respect to Plaintiffs’ equal protection claim.
6. Immunity Against Federal Claims
a. Sovereign Immunity
With respect to all of Plaintiffs’ federal claims, Defendants argue that they were acting pursuant to the state statutory scheme, “essentially as state agents,” thus mandating dismissal of the § 1983 claim. (Defs.’ Br. at 13-14.) ‘Whether a public employee is a state or county government official is a matter of federal law, informed by provisions of state law involving sheriffs.” Johnson v. Fink, 1999 WL 33603131 (W.D.Ky. Sept. 17,1999) (citing Brotherton v. Cleveland, 173 F.3d 552, 560 (6th Cir. 1999)). The Sixth Circuit has looked at several factors to determine whether a local government and its officials acted as arms of the state, and are thus entitled to sovereign immunity from § 1983 claims. Brotherton, 173 F.3d at 560. These factors include: “how state law defines the entity, what degree of control the state maintains over the entity, where funds for the entity are derived, and who is responsible for judgment against the entity.” Id. (citing Tuveson v. Florida Governor’s Council on Indian Affairs, Inc., 734 F.2d 730, 732 (11th Cir.1984)). The most important factor is whether the county or the state would be financially liable for any judgment that could result from the suit. See Alkire v. Irving, 330 F.3d 802, 812 (6th Cir.2003).
Analyzing the above factors, the court finds that the County, including its Treasurer and Sheriff, acted as a local government in this case rather than an arm of the state. First, under the Michigan Constitution, the Sheriff and Treasurer are treated as elected officials for the county. See Mich. Const. Art. 7 § 4. Further, the Sheriff and Treasurer are to hold their principal offices in the county seat. See Mich. Const. Art. 7 § 5. Thus, Michigan law clearly contemplates that the county Sheriff and Treasurer are to be treated as local, rather than state, officials. Second, there is no evidence that the state maintained control over the Sheriff or Treasurer. Although the foreclosure sales are governed by state law, the Sheriff and Treasurer still can act autonomously under the law, just as any other local official that is bound and/or guided by state law. Further, as discussed above, state law is silent with respect to the interest earned on overbid surpluses. Thus, the county officials were not required by the statute to retain the interest. Third, the county pays the salary of the Sheriff and Treasurer from the county treasury. See Mich. Comp. Laws § 45.401(1) (sheriff); § 45.41 (treasurer). Finally, and most importantly, the county will presumably bear financial responsibility for any judgment that may result in this case.
Inasmuch as the above factors weigh against treating the County or its officials as arms of the state, Defendants will not be granted sovereign immunity.
b. Section 1983 Liability
Next, Defendants argue that “there is no evidence in this case that any [county officials with final authority to establish municipal policy] ordered or directed that surplus funds be deposited into the interest bearing pool account at issue.” (Defs.’ Br. at 15.) The Supreme Court has held:
[A] local government may not be sued under § 1983 for an injury inflicted solely by its employees or agents. Instead, it is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.
Monell v. Dept. of Soc. Serv. of City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). “Municipal liability attaches only where the decisionmaker possesses final authority to establish municipal policy with respect to the action ordered.” Pembaur v. City of Cincinnati, 475 U.S. 469, 481-82, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986).
Authority to make municipal policy may be granted directly by a legislative enactment or may be delegated by an official who possesses such authority, and of course, whether an official had final poli-cymaking authority is a question of state law. However, like other governmental entities, municipalities often spread poli-cymaking authority among various officers and official bodies. As a result, particular officers may have authority to establish binding county policy respecting particular matters and to adjust that policy for the county in changing circumstances.
Pembaur v. City of Cincinnati, 475 U.S. 469, 483, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986).
In this case, a decision was made in June 1999 to place the overbid surpluses in the general county bank account. A memorandum sent from Wayne County’s Director of Cash Management to the Office of the County Treasurer states the following:
Personnel of the Department of Management and Budget, the office of the County Sheriff, and the office of the County Treasurer have been in discussion regarding the integration of the Sheriff Court Services Division’s cash into the County general ledger system.
(Ex. 5 attached to Ben-Ami Dep.) The memorandum also stated, “Please note that any interest accruing to [the Sheriffs receiving account] is to accrue to the General Fund.” (Id.)
It is evident from the memorandum that the decision to pool the funds and retain any interest earned on those funds was made by the appropriate decision makers from a cross-section of county departments. See Rushing v. Wayne County, 436 Mich. 247, 462 N.W.2d 23, 29 (1990) (holding that, as a matter of law, the policies of the sheriffs department and jail administrators were attributable to the county). Further, the treasurer issued checks in accordance with this policy, with payment of only the principal and retention of the interest. This is not a case in which Plaintiffs are attempting to assert § 1983 liability against the local government for the actions of a tortfeasor employee. See Monell, 436 U.S. at 691-92, 98 S.Ct. 2018. Accordingly, the court finds that the County can be held liable under § 1983.
c. Qualified Immunity Individual Defendants
Generally, government officials performing discretionary functions are shielded from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982).
[The Sixth Circuit] court evaluates qualified immunity claims using a three-part inquiry. First, [the court] determine[s] whether the facts viewed in the light most favorable to the plaintiffs show that a constitutional violation has occurred. Feathers v. Aey, 319 F.3d 843, 848 (6th Cir.2003). Second, [the court] determine[s] whether the right that was violated was a clearly established right of which a reasonable person would have known. Id. Finally, [the court] determine[s] whether the plaintiff has alleged sufficient facts, and supported the allegations by sufficient evidence, to indicate that what the official allegedly did was objectively unreasonable in light of the clearly established constitutional rights. Id.; Williams v. Mehra, 186 F.3d 685, 691 (6th Cir.1999).
Toms v. Taft, 338 F.3d 519, 524 (6th Cir. 2003).
First, as discussed above, when the court views the facts in the light most favorable to Plaintiffs, a constitutional violation is present. However, although the common law rule that “interest follows principal” was well established at the time of the alleged taking, see Phillips, 524 U.S. 156, 118 S.Ct. 1925, 141 L.Ed.2d 174; Grand Rapids Pub. Schs., 146 Mich.App. 652, 381 N.W.2d 783, the contours of that property right were not sufficiently clear so that the Treasurer and the Sheriff should have realized they were abridging that right by not remitting the interest to the principal-holder when the county’s account, on the whole, was not generating interest. See Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987) (for the right to be “clearly established,” the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”). The right must be established in a particularized, relevant sense. See Toms, 338 F.3d 519, 524. Based on the circumstances of this case, where the interest is absorbed by other fees in a pooled bank account, the right to the interest earned on the principal was not clearly established so that a reasonable County official would know they were violating the Constitution by failing to pay over the interest.
Accordingly, Plaintiffs’ § 1983 claims against the County Treasurer and Sheriff, in their individual capacities, are defective as a matter of law and must be dismissed. Inasmuch as Plaintiffs are suing the Treasurer and Sheriff in their official capacities, the § 1983 claims that remain viable against the county also remain with respect to the Treasurer and Sheriff.
III. CLASS ACTION CERTIFICATION
In light of the above findings, the court finds that further briefing and/or eviden-tiary hearings are warranted before the court considers the question of class certification. Such a course will ensure that the issue of whether a property right, and hence constitutional claim(s), exists is fully considered prior to certification of a class and expenditure of party and court resources.
As stated above, a question of fact exists with respect to whether a property right existed in this case (i.e., whether the interest earned on the private overbid surpluses was greater than the fees from the account fairly attributable to such surpluses). It seems to the court that the determination of this factual issue depends upon nothing more than an examination of the relevant accounts and that the court should be able to rule, as a matter of law, as to whether constitutional violations have occurred. Only if the answer to that question is “yes” should Plaintiff succeed in a summary judgment motion, and the case should then proceed as a class action to resolve the calculative inquiry for each class member.
To this end, the court will permit additional limited discovery in this case to inquire into the interest earned and fees subtracted from the relevant pooled account. Further, the court will require additional briefing to determine if a property right exists upon which Plaintiffs can base their constitutional claims. Thus, unless the parties can stipulate to the interest and fees attributable to the overbid surpluses, the briefing should focus on the bank statements, with explanations as to the relevant interest earned and fees assessed. If, after reviewing such briefs, the court determines that an evidentiary hearing would assist in this matter, the parties will be notified. Accordingly, the Plaintiffs motion for class certification will be held in abeyance while the court considers such briefing.
IV. CONCLUSION
IT IS ORDERED that Plaintiffs’ “Motion for Summary Judgment” is DENIED.
IT IS FURTHER ORDERED that Defendants’ “Cross-Motion for Dismissal and/or Summary Judgment” is GRANTED IN PART and DENIED IN PART. It is GRANTED with respect to Plaintiffs’ state constitutional and tort claims, equal protection claim, and all federal claims asserted against Wayne County’s Treasurer and Sheriff, in their individual capacities.
Defendants’ Motion for Dismissal and/or Summary Judgment is DENIED, and this case shall proceed, with respect to Plaintiffs’:
1) Fifth Amendment takings claim,
2) Fourth Amendment unlawful seizure claim, and
3) procedural due process claim.
IT IS FURTHER ORDERED that Plaintiffs’ “Motion for Class Certification” is held in ABEYANCE.
IT IS FURTHER ORDERED that additional limited discovery take place to fully explore the interest earned and fees charged in the County’s pooled bank account. Such discovery must be completed on or before October 31, 2003.
IT IS FURTHER ORDERED that the parties submit additional briefing, as discussed in Section III above. Plaintiffs shall submit a brief explaining the relevant interest and fees on or before November 14, 2003. Defendants may respond on or before November 28, 2003. Unless otherwise ordered, a reply shall not be filed.
. Defendants’ filing is defective in three respects. First, inasmuch as the document constitutes a response to Plaintiffs' June 16, 2003 motion, it was untimely. See E.D. Mich. LR 7.1(d)(1)(B) ("A response to dispositive motion must be filed within 21 days after service of the motion.”). Second, Defendants’ motion for summary judgment was filed over two weeks beyond the court's June 30, 2003 dispositive motion deadline. Defendants have not sought, nor have they been granted leave, to file these documents beyond the above deadlines. Finally, the submission of a response to a motion that also brings another motion creates confusion on the docket and is inappropriate and prohibited. Despite Defendants’ disregard for the court’s deadlines and proper filing protocol, the court will give appropriate consideration to Defendants’ submission.
. "Overbid surplus” describes any funds that remain after the mortgage has been satisfied through a foreclosure sale.
. "[T]he Legislature is deemed to act with an understanding of common law in existence before the legislation was enacted.” Nation v. W.D.E. Elec. Co., 454 Mich. 489, 563 N.W.2d 233, 236 (1997). "[Statutes in derogation of the common law must be strictly construed, and will not be extended by implication to abrogate established rules of common law.” Rusinek v. Schultz, Snyder & Steele Lumber Co., 411 Mich. 502, 309 N.W.2d 163, 166 (1981) (citations omitted).
. As the Sixth Circuit stated in Tri-Corp Mgmt. Co. v. Praznik, 33 Fed.Appx. 742, 746, 2002 WL 486241, *4 (6th Cir.2002),
In this Circuit, a plaintiff states a § 1983 procedural due process claim through one of two methods: "(1) [by] demonstrating that he is deprived of property as a result of established state procedure that itself violates due process rights; or (2) by proving that the defendants deprived him of property pursuant to a random and unauthorized act’ and that available state remedies would not adequately compensate for the loss.” Macene v. MJW, Inc., 951 F.2d 700, 706 (6th Cir.1991) (emphasis in original) (quoting Collins v. Nagle, 892 F.2d 489, 497 (6th Cir.1989)); see also Mertik, 983 F.2d at 1365.
Id.
. Plaintiffs admitted that they “have little interest in the personal capacity aspect of the lawsuit—those are covered by the County for any judgment. The issue is of no practical significance.” (Pls. Reply at 4.)
| CASELAW |
User:Legoktm/rfa-voting-history
Look up an editor's RfA votes: https://rfa-voting-history.toolforge.org/
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* Courtesy blanked RfAs are not parsed.
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How it works
It queries all RfA subpages edited by the user, then fetches the latest revision for each one. It finds the Support/Oppose/Neutral section headers, and then goes through each associated list. For each comment, it discards subcomments, then looks for userpage, user talk, or contributions links. If that matches the user being looked up (or one of their old names), then that vote is selected as the vote and it moves onto the next RfA.
This is not perfect and has bugs, suggestions and patches welcome! | WIKI |
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In This Issue of JAMA Psychiatry
June 2014
Highlights
JAMA Psychiatry. 2014;71(6):607. doi:10.1001/jamapsychiatry.2013.2733
Research
Lozier and colleagues used an implicit face-emotion processing paradigm to measure amygdala activity associated with callous-unemotional (CU) traits and externalizing behaviors in youths with conduct problems. They found amygdala responses to fearful expression were negatively associated with CU traits and positively associated with externalizing behaviors, and that reduced amygdala activity mediated the relationship between CU traits and proactive aggression.
Nurnberger and colleagues examined genome wide association data in the Psychiatric Genomics Consortium Bipolar Group for information regarding specific genes and neurobiologic pathways associated with bipolar disorder. A set of 226 empirically significant genes was identified, targeting hormonal regulation, calcium channels, second messenger systems, and glutamate signaling. Comparison with a brain gene expression data set implicated neuronal development pathways as well. These results reinforce specific neurobiologic hypotheses regarding bipolar disorder and may suggest new strategies for prevention and treatment.
Using high-resolution magnetic resonance spectroscopic imaging, Goh and colleagues detected significantly elevated brain lactate in individuals with autism spectrum disorder (ASD) (13%), with higher rates in adults (20%) than children (6%). In addition, by mapping lactate in small, contiguous voxels throughout the brain, they identified regions of the brain affected by mitochondrial dysfunction in ASD.
Feder and colleagues reported significant improvement in posttraumatic stress disorder (PTSD) symptom severity 24 hours after a single intravenous infusion of ketamine in patients with chronic PTSD compared with midazolam. Ketamine was also associated with improvement in comorbid depressive symptom severity and overall clinical presentation, with only transient dissociative symptoms.
Continuing Medical Education
By applying the classic twin design to a sample of 10 678 Australian twins, Maciejewski and colleagues found that individual differences in nonsuicidal self-injury and suicidal ideation are both substantially influenced by genetic and residual (including nonshared environmental) factors, while shared environment does not play a role. Furthermore, the substantial phenotypic correlation between both behaviors was largely driven by overlapping genetic influences, whereas overlapping residual influences accounted for the remainder.
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Bill Johnson (pitcher)
William Charles Johnson (October 6, 1960 – January 20, 2018) was an American pitcher in Major League Baseball who played from 1983 to 1984 for the Chicago Cubs. Listed at 6' 5", 205 lb., he batted and threw right handed.
Johnson was originally signed as an amateur free agent by the Philadelphia Phillies in 1980. He was traded along with Dick Ruthven from the Phillies to the Cubs for Willie Hernández on May 22, 1983.
Johnson died on January 20, 2018, at the age of 57. | WIKI |
Uterine rupture signs, symptoms and causes
Babies hand wrapped around a mothers thumb
Understanding the possible risks, symptoms and causes of uterine rupture can help mothers make informed decisions about their care.
What is uterine rupture?
Uterine rupture is a serious medical condition where the wall of the uterus (the womb) tears during pregnancy.
Uterine ruptures are very rare. They happen in approximately 2 out of every 10,000 pregnancies in the UK , so the chances of it happening are low.
However, when a uterine rupture occurs, it is very important that mother and baby receive the correct emergency medical care. The condition has potentially life-threatening consequences for mother and baby, including maternal haemorrhage (bleeding), severe brain injury and stillbirth.
What causes uterine rupture?
Uterine rupture is a risk during any pregnancy. However, some risk factors are linked to an increased chance of it happening.
Uterine rupture following a previous caesarean section
A rupture is more likely if there is scar tissue in the uterus. Scarring in the uterus can be caused by a caesarean section and some types of abdominal surgery. Most uterine ruptures occur in women who have had a previous caesarean section. The physical stress of pregnancy, the baby’s growth and contractions may cause the scar to rupture. This is because scar tissue is not as elastic as normal tissue and thus does not stretch as well as normal tissue and is much more likely to tear when stretched.
A delivery plan should be created and discussed where a woman has had a previous caesarean section (or has any other known factors that increase the risk of a uterine rupture). This should form part of the mother’s care during pregnancy. The plan should include the mode for baby’s delivery. A consultant will be involved and will discuss the plan with the mother at some point during her pregnancy, and the plan is reviewed as she gets closer to her due date. The woman should be given all the information so that she can make an informed choice.
Mothers who have had a previous caesarean section can still attempt a vaginal birth if they so wish. However, an emergency caesarean might be necessary if there are complications during labour. Mothers attempting a vaginal birth after caesarean (VBAC) should be closely monitored during labour. If there are any signs of uterine rupture, labour is usually abandoned and an emergency caesarean section carried out. Mothers with a previous uterine rupture or classical caesarean scar are at particular risk of suffering a uterine rupture. Her doctor or midwife should recommend an elective caesarean section and advise against attempting a vaginal delivery. This is because of the increased risk of suffering a uterine rupture.
Other potential causes of a uterine rupture
Uterine ruptures are very rare in a mother with an unscarred uterus, but this may happen for example where drugs used to induce labour overstimulate the uterus.
Traumatic injury to the uterus can also cause uterine rupture. Common causes of traumatic injury include car accidents, assault or difficult assisted delivery (such as a forceps delivery). If a rupture is caused by negligent actions of a doctor or midwife, the mother might have a medical negligence claim.
Other potential risk factors include:
• if you have had five or more children
• your baby is too big for your pelvis
• if you have excess of amniotic fluid
• in multiple births e.g. twins, triplets, quadruplets etc.
Risk of repeat uterine rupture
If you have had a uterine rupture before, you are particularly at risk of suffering another rupture if you become pregnant again. In this situation, your doctor will recommend a caesarean section, without attempting spontaneous (natural) labour and delivery. Your doctor or midwife should explain this to you during your pregnancy, as well as the relative risks and benefits to you and your baby.
Signs and symptoms of uterine rupture
Many of the symptoms of uterine rupture are ‘nonspecific’. Some of the symptoms of a uterine rupture could be associated with other medical conditions and it is important that care providers make a firm differential diagnosis.
In particular, midwives and doctors caring for mothers attempting VBAC are trained to recognise signs of uterine rupture and the steps to be taken. VBAC women are categorised as high risk and are continuously monitored once in labour.
Possible symptoms of uterine rupture include:
• vaginal bleeding
• a bulge underneath the pubic bone
• significant pain in the lower abdomen
• abdominal pain or soreness
• painful from the scar area
• pain between contractions
• difficulty or failure to locate the baby’s heartbeat
• drop in the baby’s heart rate
• drop in the mother’s blood pressure
• loss of uterine contractions, or if the labour fails to progress naturally.
This list is not exhaustive, and not every woman will experience all of the above symptoms. Seek medical attention immediately if you are concerned about your or your baby’s health during pregnancy.
Your care providers should listen to you if you’re worried, and take you seriously. If you think your doctor or midwife did not listen during your pregnancy, you can contact your local Patient Advice and Liaison Service (PALS) for advice and support.
Early signs of uterine rupture during labour
Uterine ruptures can occur during labour, typically during the early stages of labour.
One of the first signs of uterine rupture may be an abnormality in the baby’s heart rate. A change in the baby’s heart rate might indicate that the baby is in distress and needs urgent delivery. Your midwife or doctor should note the signs of foetal distress and take immediate action to deliver the baby.
Possible symptoms of uterine rupture on the mother’s side include an increased heart rate, drop in blood pressure or signs of maternal haemorrhage and pain uncharacteristic of contractions.
Risk of uterine rupture after a previous Caesarean section
If you have had two or more caesarean sections before, a senior obstetrician should advise you and agree a plan for delivery.
If you are considering a VBAC, your doctor should tell you about the risks and benefits of a planned VBAC compared to an elective repeat caesarean section (ERCS). Their recommendation should depend on your individual circumstances. In general, your doctor should make sure you understand the risks and guide you towards a feasible plan. General topics your doctor should cover include: risk of uterine rupture, possible risks to your own health and your baby’s health and the likelihood of a successful VBAC. Above all, your caregivers should ensure that you are comfortable with the plans for your delivery. When considering a potential VBAC or ERCS, your doctor should explain the risks, including :
• a planned VBAC is linked to a 1 in 200 (0.5%) risk of suffering a uterine rupture
• a planned ERCS is linked to a small increased risk of placenta praevia and/or placenta accreta in future pregnancies, and of pelvic adhesions
• attempted VBAC which ends in an emergency caesarean delivery carries the greatest risk of complications for mother or baby.
Your doctor should explain that a planned VBAC should only take place in a suitably staffed and equipped delivery suite. The unit should have continuous intrapartum care and monitoring with resources available for immediate caesarean delivery and advanced neonatal resuscitation.
The NHS has published a useful article on the risk of uterine rupture after a caesarean section. Caregivers should help mothers by providing information, explaining the risks and ensuring that the mother is happy with her delivery plan. Mothers should feel that their wishes are respected and that their doctors listen to them.
To help ensure your delivery experience goes as you wish, you might consider preparing questions for your consultant or midwife before your antenatal care appointments.
Uterine rupture negligence claims
Uterine ruptures are very rare, but they can have devastating consequences for parents and their children.
Complications during pregnancy can lead to health problems for mother and baby. In extreme cases, they may even lead to the death of the mother and/or baby or both. Other complications as a result of a uterine rupture can have lifelong consequences, including brain damage and learning disabilities. The mother might be advised not to attempt to have children again, which can be deeply upsetting if she had planned a larger family.
Mothers who attempt a VBAC but receive substandard care which causes a medical problem, may have a medical negligence claim. For example, if their care provider did not identify a suspected uterine rupture, or carry out an emergency caesarean section in a timely manner, there may be a claim for negligence.
If you are concerned about the care you received during your pregnancy, and think it might have caused a problem, talk to our birth injury claims specialists. We’ll listen to your experience, and help you find out what happened during your care.
Uterine rupture terminology
Below is a useful glossary of terms which you might hear in connection with uterine rupture.
Where appropriate, these terms are explained specifically in the context of uterine rupture.
• Placenta praevia: a condition where the placenta is positioned unusually low in the uterus, normally next to or covering the cervix
• Placenta accreta: a serious medical condition where the placenta remains fully or partially attached to the wall of the uterus after the baby is born
• Foetal distress: a term used to describe signs during labour which may indicate a problem with the baby’s well-being.
Disclaimer
All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you're in any way concerned about your health and your lawyer for legal advice.
Designed and built by Onespacemedia | ESSENTIALAI-STEM |
Katherine Blanton and David Lett
Katherine Shepherd Blanton and David George Lett were married yesterday in Atlantic Beach, N.Y. The Rev. David J. Robb, a minister of the United Church of Christ, officiated at the Lawrence Beach Club. Mrs. Lett, 28, works in Arlington, Va., as a specialist in the hazardous waste identification division of the Environmental Protection Agency. She graduated summa cum laude from Hamilton College. She is the daughter of Judith Blanton and Alexander M. Blanton of New York. The bride's father is a senior vice president and stock analyst at Ingalls & Snyder, an investment management firm in New York. Her mother is the director of the Episcopal School in the City of New York, a nursery school. | NEWS-MULTISOURCE |
User:Martirsadota
Hi, this is martirsadota. I mostly do grammar edits, link fixes, and most minor edits.
My interest is mostly anime, and I edit pages related to that subject. | WIKI |
Far Infrared Explained
Why Infrared Saunas Are Superior
What is Far Infrared Heat?
To put it simply, infrared is a type of light. We cannot see this kind of light with the naked eye, but it can be felt as heat on the skin. More specifically, far infrared is infrared with a wavelength of 15 micrometers to 1 mm. Along with several other types of light, infrared is most commonly produced and absorbed through sunlight. When absorbed regularly by the human body, infrared light provides a plethora of healing and wellness benefits, which you can learn more about here.
The more research is conducted, the more the benefits of far infrared are uncovered. Going back to 1989 when studies showed the adverse effects of far infrared exposure to insomnia. You may be familiar with infrared lamps sometimes found in bathrooms. Far infrared creates heat in a similar way, but is much more effective and efficient because it is able to penetrate the skin at a much deeper level, allowing it to be absorbed more by muscle and tissue in your body.
Why are Infrared Saunas Better Than a Conventional Sauna?
An infrared sauna is different from a traditional sauna in the way that it produces heat. The conventional sauna relies on steam to produce an indirect method of heat to provide our bodies with it’s healing benefits. Our unique Carbon Wave 360 Panels uses far infrared technology to provide a direct source of heat to your body. In fact, less than 20% of the infrared energy heats the air, allowing the other 80% to be directly absorbed by your body, maximizing the health benefits.
With far infrared waves, the heat directly penetrates over 1½ inches into the body tissue and muscles. The output of energy is specifically tuned to correspond with your body’s own natural radiant energy. This allows the body to absorb nearly 93% of the infrared waves that touch your skin. The more energy is absorbed, the greater the wellness rewards. This makes the far infrared sauna a great deal more effective than the traditional sauna, with less time needed to reap the benefits. | ESSENTIALAI-STEM |
In 1509 Copernicus began publishing serious works, the first being Latin translations of the work of an obscure Greek poet, Theophylactus Simocattes. He soon began dedicating more and more time to his theories on astronomy, and in 1514 published a hand-written book, The Little Commentary, setting out his revolutionary theories of a heliocentric universe. In the same year he began writing De Revolutionibus Orbium Coelestium - a completely heretical work for its time that would eventually propel him to international infamy after his death. In 1514, however, his renown had already reached such heights that he was approached by the Pope to revise the Roman calendar, which was known to be out of phase with the Moon.
De Revolutionibus Orbium Coelestium was eventually published in Nuremburg at the very end of Copernicus' life in March 1543, almost 30 years after he started writing it. Although many before him had hinted at the unthinkable, that the Earth wasn’t the centre of the universe and orbited the sun, it was Nicolaus Copernicus who first stated it so publicly. Nicolaus Copernicus outlived the publication of his masterwork, which he himself had delayed, by just two months, dying at age 70 in Frombork – a town on the Baltic coast in northern Poland where he had settled at the end of his life. His final resting place was never recorded, but his remains were discovered and confirmed by DNA testing beneath Frombork Cathedral in 2005.
The matter of Copernicus’ nationality has long been a point of contention, particularly between Germans and Poles. To ascribe him a nationality today is largely pointless, since people in his day identified with the region of their birth more than any ‘nation’ in the modern sense. In Copernicus’ case he was born in Prussian territory with a German cultural background that was subject to the Polish crown. In the tradition of his time, he published his work in Latin, though there is ample evidence that he spoke both German and Polish.
In Kraków, a monument to Copernicus can be found in the Planty near Collegium Novum (ul. Gołębia 24), and the building where he studied and attended lectures - Collegium Maius (ul. Jagiellońska 15) - is today a museum. Additionally, the Czartoryski Museum includes an urn macabrely labelled 'The Corpse of Copernicus.' | FINEWEB-EDU |
Talk:Quintus Fabius Maximus Gurges (consul 292 BC)
Origin of the Agnomen
What is the origin of the agnomen 'Gurges'? I presume it means 'whirlpool'.<IP_ADDRESS> (talk) 21:49, 2 July 2011 (UTC) | WIKI |
Mtskheta, located at the junctions of the rivers Mtkvari and Araks, is an old capital of Georgia. This is the place where Jews appeared and settled down. After their persecution from Jerusalem in 586 BC, they asked the head of Mtskheta for permission to let them inhabit the area, for which they would pay a relevant amount. They got a positive answer and they occupied the part of the banks of the river Aragvi named Zanavi. After a little while the Jewish moved to different villages and cities, which were trade centers. In “Conversion of Kartli” this community is dated as the year 169 BC. In the Georgian Chronicles Georgian Jews are connected to the crucifixion of the Christ. Eliezeri, who was from Mtskheta, and Longinus traveled to Jerusalem and they brought the cloth of Christ with them. Sidonia hugged the cloth, fell on the ground and died, and because they could not get the cloth out of her arms they buried her with it. According to the legend, the gravestone located around Svetitskhoveli territory represents Sidonia’s grave. Sidonia is also connected to Saint Nino; Sidonia traveled around with Nino, along with 6 Israeli nuns and was the witness of her miracles. In the middle centuries’ documents, it is said that many Jews were victims of kidnapping and theft; the cruel behaviour caused Jews to leave the region. | FINEWEB-EDU |
lookupCN: Lookup copy number data from bins
Description Usage Arguments Value Examples
View source: R/lookupCN.R
Description
This function pulls the X copy number data based on coordinate information from the cnr$chromInfo
Usage
1
lookupCN(cnr, chr = 12, start = 69200804, end = 69246466)
Arguments
cnr
a cnr bundle
chr
a chromosome name, must match 'cnr$chromInfo$bin.chrom'
start
start coodinate
end
end coordinate
Value
Returns the X data for a set of chromosome coordinates
Examples
1
2
3
4
data(cnr)
coord <- data.frame(chr = 2, start = 550000, end = 600000)
lookupCN(cnr, chr = coord$chr, start = coord$start, end = coord$end)
SingerLab/gac documentation built on Aug. 14, 2021, 10:57 a.m. | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/The Ganymede Club
The result was keep. I note the article was improved between the nomination and now, so we now have more of a proper article with clear assertions to notability. § FreeRangeFrog croak 18:36, 23 May 2014 (UTC)
The Ganymede Club
* – ( View AfD View log Stats )
not notable book I+delete+things+alot (talk) 00:10, 17 May 2014 (UTC)
* Note: This debate has been included in the list of Literature-related deletion discussions. • Gene93k (talk) 12:28, 17 May 2014 (UTC)
* Note: This debate has been included in the list of Science fiction-related deletion discussions. • Gene93k (talk) 12:28, 17 May 2014 (UTC)
* Conditional delete: Unless significant coverage is found in WP:RS to show notability, this needs to go. I trust the closing admin to look at this condition and interpret my !vote correctly. Fiddle Faddle 15:36, 17 May 2014 (UTC)
* Keep the article now has adequate substantiation of its notability. While ultimately, it might be better to have an article on the Cold as Ice (trilogy), rather than separate articles; right now, although this is the second in the trilogy, it is the most developed article on the three books. --Bejnar (talk) 23:45, 17 May 2014 (UTC)
* Keep and speedy close. The ISFDB page for this novel lists enough reviews to establish the coverage that demonstrates notability. The nom has apparently ignored the requirements of WP:BEFORE and displays a curious interest in deleting the works of a rather notable author. The Big Bad Wolfowitz (aka Hullaballoo) (talk) 23:26, 19 May 2014 (UTC)
| WIKI |
Screen Shot 2015-08-14 at 10.32.11 AMInteresting observation regarding solubility of gases
An interesting point regarding solubility is that from the solubility curve, the general trend is that the solubility of solids increases as the temperature is increased. Look at all the examples such as NaNO3, KNO3, KCl, NaCl etc… they all increase as the temperature is increased. But when you look at the gases, such as NH3, it decreases as the temperature is increased.
Why is that?
As the temperature is increased, the energy in the gas molecules is also then increased. Since there is an increase of kinetic energy, the gas particles can escape the liquid more readily than if it were cooler with less kinetic energy.
Real life example: Heating up a soda pop will cause it to go flat a lot faster than if the soda pop were to be kept a lower temperature.
Global warming example. Since the temperature of the earth is increases, the solubility of oxygen into the ocean and lakes is decreased. Thus, the amount of dissolved oxygen lowers, which lowers the amount of life it can hold. | ESSENTIALAI-STEM |
Talk:1902 Arizona football team
undated comment
The main article https://en.wikipedia.org/wiki/Arizona_Wildcats_football says the 1902 record was 5-0, not 2-0. | WIKI |
Talk:Europe in the Air
"The queue line begins"
"Queue line" is redundant. — Preceding unsigned comment added by Jbw9999 (talk • contribs) 02:34, 14 September 2017 (UTC) | WIKI |
Alberto Reynoso
Alberto C. Reynoso (May 14, 1940 – November 22, 2011), also known by his nickname "Big Boy" Reynoso, was a professional basketball player from the Philippines.
During the 1960s to 1970s, Reynoso played in the amateur basketball tournament of the Manila Industrial and Commercial Athletic Association. He later played in the professional Philippine Basketball Association from its formation in 1975 to his retirement. Though he was listed as only being 6'2" in height, he was selected numerous times to play the center position on the country's national basketball team. | WIKI |
2011–12 Vermont Catamounts men's basketball team
The 2011–12 Vermont Catamounts men's basketball team represented the University of Vermont during the 2011–12 NCAA Division I men's basketball season. The Catamounts, led by first year head coach John Becker, played their home games at Patrick Gym and are members of the America East Conference. They finished the season 24–12, 13–3 in America East play to finish in second place. They were champions of the America East Basketball tournament and earned the conference's automatic bid into the 2012 NCAA tournament. They defeated Lamar in the First Four round before falling to North Carolina in the second round.
Schedule
!colspan=9 style=| Exhibition
!colspan=9 style=| Regular season
!colspan=9 style=| America East tournament
!colspan=9 style=| NCAA tournament | WIKI |
This historical marker was dedicated in 1997 and commemorates the many African Americans who created one of the largest rural African American communities beyond the South in the mid-19th century. With the assistance of Quakers, this community of about 150 former slaves was established in Hillsboro in the wake of the 1850 Fugitive Slave Act that endangered many African Americans regardless of whether they were born free or had arrived in Northern communities via the Underground Railroad. As the sign proclaims, these families came to Wisconsin and established a farming community that lasted until the early 20th century.
Many of the former slaves and free persons of color who lived in this community traced their ancestry back to bi-racial and tri-racial communities in North Carolina and Indiana. After the Fugitive Slave Act endangered many African Americans in cities throughout Southern Indiana and Ohio, these individuals traveled to Wisconsin, often with the help of the Quakers. The African American history of the Cheyenne Valley in the 19th century was largely unknown until recent years, and the marker was erected in 1997 by the Wisconsin Historical Society.
Part of the story behind the lost history of this community was the gradual integration that began long before slavery and continued as these bi-racial and tri-racial people of color continued to intermarry with people of European descent. One resident was on record saying, “we didn’t even know we were integrated, we just didn’t care about color.” The inscription on the historical marker is indicative of this orientation as it devotes most of its text to listing family names and personal histories.
As an example, the marker discusses the history of the Shivers family. Thomas Shivers and his family intermarried with the neighbors and owned a significant amount of land. Shivers was a former Tennessee slave who used the Underground Railroad to escape slavery before making his way to the Cheyenne Valley. Descendent Alga Shivers later became an integral member of the community. Alga Shivers was most famously known for building, “round barns,” which were considered, “novel and progressive,” and were common in the area.
The families came to the Cheyenne Valley because the state of Wisconsin resisted the terms of the Fugitive Slave Law of 1850 which required northern states to return escaped slaves to their former owners. | FINEWEB-EDU |
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