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Agadzhanov V.R. On changes in human body condition during the performance in personal protect clothes at the air temperature of 10 °C and 50 °C
Агаджанов Вадим Рубенович
кандидат медицинских наук, доцент кафедры биологии Волгоградского государственного университета
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Summary: The investigation with volunteers as subjects who performed a short-term hard exercise (at power 50–70 W) in the insulated protect clothes at the air temperature of 10 °C and 50 °C was carried out. There were determined shifts of acid-alkali balance in the arterial and venous blood as indexes of PH, carbonic gas (PCO2) and oxygen (P02) tensions, plasma hydrogen-carbonate content (HC03~), alkali (BE) and hemoglobin (Hb) contents and blood oxygen saturation (SAT). The degree and characteristics of such changes were revealed. The distinct acid-alkali disbalance induced by respiratory and metabolic changes at the air temperature of 10 °C was measured. At the air temperature of 50 °C along with the recorded changes there were observed PH shift in blood and impairment of oxygen uptake by the tissues.
Key words: performance, high and low ambient temperature, insulated protect clothes, shifts of acidalkali balance.
Creative Commons License
On changes in human body condition during the performance in personal protect clothes at the air temperature of 10 °C and 50 °C by Agadzhanov V.R. is licensed under a Creative Commons Attribution 4.0 International License.
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Dental Emergency – Avulsed Tooth
It can be a very frightening thing to realize that a tooth has been knocked out, or avulsed. This is truly a dental emergency. It is however possible to save an adult tooth that has been avulsed if you act quickly. A dental emergency appointment should be scheduled immediately, and the visit should ideally be within an hour from the time of the tooth avulsion. This is because the faster that an avulsed tooth is re-implanted into the bone, the higher the probability of success.
If you feel comfortable trying to re-insert the tooth into its socket yourself you can try, but even if you are successful you will still need to visit a Santa Clara area dentist for dental emergency treatment. Many people would prefer to have a dental professional re-insert the tooth. Dr. Antonious has been serving the Santa Clara community for over 20 years, and has extended hours and appointment times available for patients experiencing a dental emergency.
The avulsed tooth may be stored in saline, or milk, or water to maintain its moisture while waiting to be seen by the dentist. Only hold the tooth by the crown portion to avoid damaging the delicate root.
A splint is needed to stabilize a tooth that has been re-implanted so hopefully over time it will reattach itself to the bone. This is made from wire and dental composite filling material. Your Santa Clara area dentist will instruct you not to bite on the splinted tooth. It is very important not to disturb it while it is healing. He or she will periodically monitor the tooth to assess the healing and provide additional treatment if necessary.
In almost in every case, a tooth that has successfully re-integrated with the bone will require root canal therapy due to the damage to the blood vessels and nerve that occurs when a tooth is knocked out. In many cases the final step would be to make and cement a crown over the tooth to give it more protection. A crown can be made to match the rest of your teeth.
Avulsed teeth may occur more frequently with children and with those who are athletic and play sports. A dentist near Santa Clara can make an appliance for you or order one from a dental laboratory for you to wear while participating in sports. A mouth guard will provide protection against trauma caused by an unexpected fall or hit in the mouth. They are normally made out of hard acrylic or plastic and are sometimes available in a variety of colors.
Periodontal Disease
Periodontal disease may also cause teeth to become loose and fall out. Also, it goes without saying periodontally involved teeth are more prone to avulsion. Practicing good oral hygiene and preventing gingivitis and gum disease involves thoroughly cleaning all of the tooth surfaces three times a day, and includes using dental floss to clean the area in between the teeth. The infection present in the teeth, bone and gums of patients suffering from periodontal disease is treated with deep cleanings or gum surgery. Once the periodontal disease is under control, maintenance is important. Your dental hygienist of dentist can demonstrate and instruct you in how to use dental hygiene tools. | ESSENTIALAI-STEM |
Arebilachi
Arebilachi is a village in the southern state of Karnataka, India. It is located in the Bhadravati taluk of Shimoga district in Karnataka.The village has a PHC (Primary Health care ) which is one of the largest in the state covering for a population of 20,000 people of all surrounding villages.
Notable People
H .P Melappa was a bhadravati taluk board president during 1967-1972
Demographics
As of 2001 India census, Arebilachi had a population of 5502 with 2816 males and 2686 females. | WIKI |
User:Redhead321
I am a student at LaGuardia CC in NYC. I am taking this course in English 103 as a requirement but I am generally strong in all my English courses. What I want to learn from this course is how to use technology and the internet more and become better at writing a research paper. | WIKI |
Laser beam welding, Other Engineering
In laser beam welding coalescence is produced by the heat obtained from the application of a concentrated coherent light beam impining upon the surface to be joined .
It consists of a man-made cylindrical ruby crystal, around the outside of the
crystal is placed flash tube containing inert gas xenon and the capacitor bank.
When subjected to electrical discharge from the capacitors, xenon transforms a high proportion of the electrical energy into white light. As the ruby is exposed to the intense light flashes, the chromium atom of the crystal are excited and pumped to a high energy level. The effect is enhanced because the parallel ends of ruby rod are mirrored so that the red light that is produced reflects back and forth along the length of the crystal. Finally the total energy bursts over a threshold and escapes from the small hole in the mirror at one end of the ruby crystal, as the laser beam.
Posted Date: 8/3/2012 6:15:15 AM | Location : United States
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Expertsmind.com brings you unique solution in electrical engineering RESISTORS: Resistors are designed to drop the amount of voltage going through them, this allow | ESSENTIALAI-STEM |
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New WP Slogans
* Wikipedia – The Encyclopedia anyone can vandalize!
* Wikipedia - We make herding cats seem super-easy!
* Wikipedia - You don't have to be crazy to edit here, but it helps!
* Wikipedia - The internet version of the camel - a horse designed by committee!
Miscellaneous comments
* I'm not an idiot, but I sometimes play one on Wikipedia!
Fractured Proverbs, Sayings, and Famous lines
These are early drafts of proverbs and sayings, or those that otherwise didn't make the cut:
* 1) "Don't change horses mid-stream, as you might drop the diaper in the water."
* 2) "I stink, therefore I spam."
* 3) "Oh what a tangled bed we leave, when first we practice to conceive."
* 4) "A rolling moss gathers no stones."
* 5) "Sometimes you bare the ghits, sometimes the ghits bare you."
* 6) "Those who live in stone houses should not throw glass."
* 7) "Two behinds stink alike."
* 8) "We put our business in other people's noses."
* 9) "A witch in lime saves twine."
* 10) "You can't seed the forest for the fees."
Options for a new username
* 1) User:I registered on Wikipedia, and all I got was this lousy username. | WIKI |
NASA Astronaut Group 18
NASA Astronaut Group 18 (The Bugs). The group saw the training of seven pilots and ten mission specialists to become NASA astronauts. These 17 astronauts began training in August 2000.
Pilots
* Dominic A. Antonelli (2 flights)
* Pilot, STS-119 (Discovery)
* Pilot, STS-132 (Atlantis)
* Eric A. Boe (2 flights)
* Pilot, STS-126 (Endeavour)
* Pilot, STS-133 (Discovery)
* Kevin A. Ford (2 flights)
* Pilot, STS-128 (Discovery)
* Soyuz TMA-06M
* Flight engineer, Expedition 33
* ISS commander, Expedition 34
* Ronald J. Garan, Jr. (2 flights)
* Mission specialist, STS-124 (Discovery)
* Soyuz TMA-21
* Flight engineer, Expedition 27
* Flight engineer, Expedition 28
* Douglas G. Hurley (3 flights)
* Pilot, STS-127 (Endeavour)
* Pilot, STS-135 (Atlantis)
* Commander, SpaceX Demo-2 (Endeavour)
* Flight engineer, Expedition 63
* Terry W. Virts, Jr. (2 flights)
* Pilot, STS-130 (Endeavour)
* Soyuz TMA-15M
* Flight engineer, Expedition 42
* ISS commander, Expedition 43
* Barry E. Wilmore (2 flights)
* Pilot, STS-129 (Atlantis)
* Soyuz TMA-14M
* Flight engineer, Expedition 41
* ISS commander, Expedition 42
* ISS commander, Expedition 43
* Commander, Boeing CFT (Calypso)
Mission specialists
* Michael R. Barratt (3 flights)
* Soyuz TMA-14
* Flight engineer, Expedition 19
* Flight engineer, Expedition 20
* Mission specialist, STS-133 (Discovery)
* Pilot, SpaceX Crew-8 (Endeavour)
* Robert L. Behnken (3 flights)
* Mission specialist, STS-123 (Endeavour)
* Mission specialist, STS-130 (Endeavour)
* Joint operations commander, SpaceX Demo-2 (Endeavour)
* Flight engineer, Expedition 63
* Stephen G. Bowen (4 flights)
* Mission specialist, STS-126 (Endeavour)
* Mission specialist, STS-132 (Atlantis)
* Mission specialist, STS-133 (Discovery)
* Commander, SpaceX Crew-6
* Flight engineer, Expedition 68 / 69
* B. Alvin Drew (2 flights)
* Mission specialist, STS-118 (Endeavour)
* Mission specialist, STS-133 (Discovery)
* Andrew J. Feustel (3 flights)
* NEEMO 9
* Mission specialist, STS-125 (Atlantis)
* Mission specialist, STS-134 (Endeavour)
* Soyuz MS-08
* Flight engineer, Expedition 55
* ISS commander, Expedition 56
* Michael T. Good (2 flights)
* Mission specialist, STS-125 (Atlantis)
* Mission specialist, STS-132 (Atlantis)
* Timothy L. Kopra (2 flights)
* NEEMO 11
* Mission specialist, STS-127 (Endeavour)
* Flight engineer, Expedition 20
* Mission specialist, STS-128 (Discovery)
* Flight engineer, Expedition 46
* ISS commander, Expedition 47
* K. Megan McArthur (2 flights)
* Mission specialist, STS-125 (Atlantis)
* Pilot, SpaceX Crew-2
* Flight engineer, Expedition 65
* Karen L. Nyberg (2 flights)
* NEEMO 10
* Mission specialist, STS-124 (Discovery)
* Soyuz TMA-09M
* Flight engineer, Expedition 36
* Flight engineer, Expedition 37
* Nicole P. Stott (2 flights)
* NEEMO 9
* Mission specialist, STS-128 (Discovery)
* Flight engineer, Expedition 20
* Flight engineer, Expedition 21
* Mission specialist, STS-129 (Atlantis)
* Mission specialist, STS-133 (Discovery) | WIKI |
Page:The history of the Bengali language (1920).pdf/305
Rh The words formed by তব্য were adopted in the early Māgadhi speech in such forms as, কত্তব্বো, জ্ঞাতব্বো, পত্তব্বো, সোতব্বো, হোতব্বো or হোদব্বো, etc. We see that there was no ই in these forms to begin with. I think that when the idea of futurity involved in those words had to be prominently brought out in the new infinitives with a shade of some difference in meaning, ই was inserted or rather grew up in the new forms করিব্ব, জানিব্ব, পাইব্ব, শুনিব্ব, হোইব্ব, etc. The forms ভবিতব্য, হোদব্বো, হোইব্ব, and হোইবার are arranged in a regular series or chronological order to show that হোইবার which comes directly out of হোইব্ব, does not fully express the meaning indicated by 'ভবিতব্য'; 'পত্তব্বং ঠানং' may be nicely translated by 'পাইবার স্থান,' but the full meaning of প্রাপ্তব্য is not obtained in the Bengali form and as such in addition to 'পাইবার' we have borrowd 'প্রাপ্তব্য' from Sanskrit in our modern Bengali. ভবিতব্য has to be translated into Bengali by 'যাহা হইবার আছে তাহা.' This 'তব্য' which has given rise to such infinitive forms as দেখিবা, করিবা, etc., in Oriya and দেখিবার, করিবার, etc., in Bengali, may very likely give us 'ইব' in question, but whether such an extraction was made out of তব্য to form future tense anew by breaking with the past, is a matter for much consideration. Purposeful coining of a new suffix to indicate a tense is not a natural phenomenon; that the old idiomatic forms are transmuted imperceptibly is what should be accepted to be the natural procedure.
It is difficult to imagine that the suffix which was not extracted from তব্য in the shape of ইব, even in the latest known প্রাকৃত to signify futurity, was given currency in | WIKI |
/* * Original code in the public domain -- castanyo@yahoo.es * * Modifications copyright (c) 2011, Blender Foundation. * All rights reserved. * * Redistribution and use in source and binary forms, with or without * modification, are permitted provided that the following conditions are * met: * * Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * * Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in the * documentation and/or other materials provided with the distribution. * * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR * A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT * HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, * DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY * THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT * (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE * OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */ #include #include "subd_mesh.h" #include "subd_patch.h" #include "subd_split.h" #include "util_debug.h" #include "util_foreach.h" #ifdef WITH_OPENSUBDIV #include #include #include #include #include #include CCL_NAMESPACE_BEGIN /* typedefs */ typedef OpenSubdiv::OsdVertex OsdVertex; typedef OpenSubdiv::FarMesh OsdFarMesh; typedef OpenSubdiv::FarMeshFactory OsdFarMeshFactory; typedef OpenSubdiv::HbrCatmarkSubdivision OsdHbrCatmarkSubdivision; typedef OpenSubdiv::HbrFace OsdHbrFace; typedef OpenSubdiv::HbrHalfedge OsdHbrHalfEdge; typedef OpenSubdiv::HbrMesh OsdHbrMesh; typedef OpenSubdiv::HbrVertex OsdHbrVertex; typedef OpenSubdiv::OsdCpuComputeContext OsdCpuComputeContext; typedef OpenSubdiv::OsdCpuComputeController OsdCpuComputeController; typedef OpenSubdiv::OsdCpuEvalLimitContext OsdCpuEvalLimitContext; typedef OpenSubdiv::OsdCpuEvalLimitController OsdCpuEvalLimitController; typedef OpenSubdiv::OsdCpuVertexBuffer OsdCpuVertexBuffer; typedef OpenSubdiv::OsdEvalCoords OsdEvalCoords; typedef OpenSubdiv::OsdVertexBufferDescriptor OsdVertexBufferDescriptor; /* OpenSubdiv Patch */ class OpenSubdPatch : public Patch { public: int face_id; OpenSubdPatch(OsdFarMesh *farmesh, OsdCpuVertexBuffer *vbuf_base) { face_id = 0; /* create buffers for evaluation */ vbuf_P = OsdCpuVertexBuffer::Create(3, 1); vbuf_dPdu = OsdCpuVertexBuffer::Create(3, 1); vbuf_dPdv = OsdCpuVertexBuffer::Create(3, 1); P = vbuf_P->BindCpuBuffer(); dPdu = vbuf_dPdu->BindCpuBuffer(); dPdv = vbuf_dPdv->BindCpuBuffer(); /* setup evaluation context */ OsdVertexBufferDescriptor in_desc(0, 3, 3), out_desc(0, 3, 3); /* offset, length, stride */ evalctx = OsdCpuEvalLimitContext::Create(farmesh, false); evalctx->GetVertexData().Bind(in_desc, vbuf_base, out_desc, vbuf_P, vbuf_dPdu, vbuf_dPdv); } ~OpenSubdPatch() { evalctx->GetVertexData().Unbind(); delete evalctx; delete vbuf_P; delete vbuf_dPdu; delete vbuf_dPdv; } void eval(float3 *P_, float3 *dPdu_, float3 *dPdv_, float u, float v) { OsdEvalCoords coords; coords.u = u; coords.v = v; coords.face = face_id; evalctrl.EvalLimitSample(coords, evalctx, 0); *P_ = make_float3(P[0], P[1], P[2]); if (dPdu_) *dPdu_ = make_float3(dPdv[0], dPdv[1], dPdv[2]); if (dPdv_) *dPdv_ = make_float3(dPdu[0], dPdu[1], dPdu[2]); /* optimize: skip evaluating derivatives when not needed */ /* todo: swapped derivatives, different winding convention? */ } BoundBox bound() { /* not implemented */ BoundBox bbox = BoundBox::empty; return bbox; } int ptex_face_id() { return face_id; } protected: OsdCpuEvalLimitController evalctrl; OsdCpuEvalLimitContext *evalctx; OsdCpuVertexBuffer *vbuf_P; OsdCpuVertexBuffer *vbuf_dPdu; OsdCpuVertexBuffer *vbuf_dPdv; float *P; float *dPdu; float *dPdv; }; /* OpenSubdiv Mesh */ OpenSubdMesh::OpenSubdMesh() { /* create osd mesh */ static OsdHbrCatmarkSubdivision catmark; OsdHbrMesh *hbrmesh = new OsdHbrMesh(&catmark); /* initialize class */ num_verts = 0; num_ptex_faces = 0; _hbrmesh = (void*)hbrmesh; } OpenSubdMesh::~OpenSubdMesh() { OsdHbrMesh *hbrmesh = (OsdHbrMesh*)_hbrmesh; if(hbrmesh) delete hbrmesh; } void OpenSubdMesh::add_vert(const float3& co) { OsdHbrMesh *hbrmesh = (OsdHbrMesh*)_hbrmesh; OsdVertex v; positions.push_back(co.x); positions.push_back(co.y); positions.push_back(co.z); hbrmesh->NewVertex(num_verts++, v); } void OpenSubdMesh::add_face(int v0, int v1, int v2) { int index[3] = {v0, v1, v2}; return add_face(index, 3); } void OpenSubdMesh::add_face(int v0, int v1, int v2, int v3) { int index[4] = {v0, v1, v2, v3}; add_face(index, 4); } void OpenSubdMesh::add_face(int *index, int num) { OsdHbrMesh *hbrmesh = (OsdHbrMesh*)_hbrmesh; #ifndef NDEBUG /* sanity checks */ for(int j = 0; j < num; j++) { OsdHbrVertex *origin = hbrmesh->GetVertex(index[j]); OsdHbrVertex *destination = hbrmesh->GetVertex(index[(j+1)%num]); OsdHbrHalfEdge *opposite = destination->GetEdge(origin); if(origin==NULL || destination==NULL) assert("An edge was specified that connected a nonexistent vertex\n"); if(origin == destination) assert("An edge was specified that connected a vertex to itself\n"); if(opposite && opposite->GetOpposite()) assert("A non-manifold edge incident to more than 2 faces was found\n"); if(origin->GetEdge(destination)) assert("An edge connecting two vertices was specified more than once." "It's likely that an incident face was flipped\n"); } #endif OsdHbrFace *face = hbrmesh->NewFace(num, index, 0); /* this is required for limit eval patch table? */ face->SetPtexIndex(num_ptex_faces); if(num == 4) num_ptex_faces++; else num_ptex_faces += num; } bool OpenSubdMesh::finish() { OsdHbrMesh *hbrmesh = (OsdHbrMesh*)_hbrmesh; /* finish hbr mesh construction */ hbrmesh->SetInterpolateBoundaryMethod(OsdHbrMesh::k_InterpolateBoundaryEdgeOnly); hbrmesh->Finish(); return true; } void OpenSubdMesh::tessellate(DiagSplit *split) { if (num_ptex_faces == 0) return; const int level = 3; const bool requirefvar = false; /* convert HRB to FAR mesh */ OsdHbrMesh *hbrmesh = (OsdHbrMesh*)_hbrmesh; OsdFarMeshFactory meshFactory(hbrmesh, level, true); OsdFarMesh *farmesh = meshFactory.Create(requirefvar); int num_hbr_verts = hbrmesh->GetNumVertices(); delete hbrmesh; hbrmesh = NULL; _hbrmesh = NULL; /* refine HBR mesh with vertex coordinates */ OsdCpuComputeController *compute_controller = new OsdCpuComputeController(); OsdCpuComputeContext *compute_context = OsdCpuComputeContext::Create(farmesh); OsdCpuVertexBuffer *vbuf_base = OsdCpuVertexBuffer::Create(3, num_hbr_verts); vbuf_base->UpdateData(&positions[0], 0, num_verts); compute_controller->Refine(compute_context, farmesh->GetKernelBatches(), vbuf_base); compute_controller->Synchronize(); /* split & dice patches */ OpenSubdPatch patch(farmesh, vbuf_base); for(int f = 0; f < num_ptex_faces; f++) { patch.face_id = f; split->split_quad(&patch); } /* clean up */ delete farmesh; delete compute_controller; delete compute_context; delete vbuf_base; } CCL_NAMESPACE_END #else /* WITH_OPENSUBDIV */ CCL_NAMESPACE_BEGIN /* Subd Vertex */ class SubdVert { public: int id; float3 co; SubdVert(int id_) { id = id_; co = make_float3(0.0f, 0.0f, 0.0f); } }; /* Subd Face */ class SubdFace { public: int id; int numverts; int verts[4]; SubdFace(int id_) { id = id_; numverts = 0; } }; /* Subd Mesh */ SubdMesh::SubdMesh() { } SubdMesh::~SubdMesh() { foreach(SubdVert *vertex, verts) delete vertex; foreach(SubdFace *face, faces) delete face; verts.clear(); faces.clear(); } SubdVert *SubdMesh::add_vert(const float3& co) { SubdVert *v = new SubdVert(verts.size()); v->co = co; verts.push_back(v); return v; } SubdFace *SubdMesh::add_face(int v0, int v1, int v2) { int index[3] = {v0, v1, v2}; return add_face(index, 3); } SubdFace *SubdMesh::add_face(int v0, int v1, int v2, int v3) { int index[4] = {v0, v1, v2, v3}; return add_face(index, 4); } SubdFace *SubdMesh::add_face(int *index, int num) { /* skip ngons */ if(num < 3 || num > 4) return NULL; SubdFace *f = new SubdFace(faces.size()); for(int i = 0; i < num; i++) f->verts[i] = index[i]; f->numverts = num; faces.push_back(f); return f; } bool SubdMesh::finish() { return true; } void SubdMesh::tessellate(DiagSplit *split) { int num_faces = faces.size(); for(int f = 0; f < num_faces; f++) { SubdFace *face = faces[f]; Patch *patch; float3 *hull; if(face->numverts == 3) { LinearTrianglePatch *lpatch = new LinearTrianglePatch(); hull = lpatch->hull; patch = lpatch; } else if(face->numverts == 4) { LinearQuadPatch *lpatch = new LinearQuadPatch(); hull = lpatch->hull; patch = lpatch; } else { assert(0); /* n-gons should have been split already */ continue; } for(int i = 0; i < face->numverts; i++) hull[i] = verts[face->verts[i]]->co; if(face->numverts == 4) swap(hull[2], hull[3]); if(patch->is_triangle()) split->split_triangle(patch); else split->split_quad(patch); delete patch; } } CCL_NAMESPACE_END #endif /* WITH_OPENSUBDIV */ | ESSENTIALAI-STEM |
Sratsimir dynasty
The House of Sratsimir or Sracimir (Срацимир), also referred to as the Sratsimirovtsi (Срацимировци), was a medieval Bulgarian dynasty which became the last ruling house of the Second Bulgarian Empire (1331–1422). The Stratsimir dynasty was matrilineally descended from the previous Bulgarian royal houses of Asen and Shishman. After its deposition following the Ottoman conquest of Bulgaria, princes of the Sratsimir dynasty survived in exile in the neighbouring Kingdom of Hungary until at least the second half of the 16th century.
Family tree
* Sratsimir, despot, married to Keratsa Petritsa (sister of Michael Asen III)
* Ivan Alexander, Bulgarian emperor (1331–1371)
* Michael Asen IV, Bulgarian junior co-emperor
* Ivan Asen IV, Bulgarian junior co-emperor
* Ivan Sratsimir, Bulgarian emperor in Vidin (1356–c. 1397)
* Constantine II, Bulgarian emperor in Vidin (c. 1397–1422)
* Dorothea, Queen of Bosnia, married Tvrtko I of Bosnia
* (→ Kotromanić dynasty)
* Ivan Shishman, Bulgarian emperor in Tarnovo (1371–1395)
* Alexander
* Joseph II, Patriarch of Constantinople (1416–1439)
* Fruzhin, claimant Bulgarian emperor (1422–1460), Count of Temes
* Shishman
* Mihul (Michael) Bozyasi ( 1463)
* Istvan (Stephen) Bosyazi ( 1463–1464)
* Sandrin (Alexander) Shishman ( 1464–1467), commander of Severin
* Philip Shishman
* Istvan Shishman (16th century)
* Radoslav Shishman (16th century; 1515)
* Vladislav Shishman (16th century)
* Ferenc Shishman (died 1550)
* Durma Shishman de Gattaya (second half of the 16th century)
* Stoyan ( 1454)
* Stoyko ( 1454)
* Stanislav ( 1454)
* Daughters
* Ivan Asen V, Bulgarian junior co-emperor
* Kera Tamara, married a "despot Constantine"; later part of the harem of Ottoman sultan Murad I
* Desislava
* Helena, Empress of Serbia, married Stefan Dušan of Serbia
* (→ Nemanjić dynasty)
* John Komnenos Asen, Despot of Valona (c. 1345–1363)
* Alexander Komnenos Asen, Despot of Valona (c. 1363–1371)
* Daughter, married Balša II
* (→ Balšić noble family)
* Michael
* (→ Balšić noble family)
* Michael
Later claims
Two later Bulgarian rebels during the Ottoman period, Ivan Shishman II (1598) and Rostislav Stratimirovic (1686) claimed descent from the Sratsimir dynasty, though their genealogies are unverified. | WIKI |
File:Downfortheone.JPG
Summary
Single cover for Bev Knight's single, Down for the One. Released in 1995 by Dome Records. | WIKI |
Template:HD/redirect
Pages that redirect to another page will sometimes redirect to an old version of the page for users who are not logged in. This is a known issue and has been reported. Purging the page should fix it. The time of the displayed version can be seen at the bottom of the page after "This page was last modified on". | WIKI |
Page:The Bobbsey Twins.djvu/101
Rh again," cried Freddie quickly. "Don't like to be in the dark 'tall," he added.
"Oh, it must have been awful," said Flossie. "Didn't you see any—any ghosts?"
"Barrels of them," said Freddie, nodding his head sleepily. "But they didn't touch me. Guess they was sleepy, just like me." And then he dropped off and had to be put to bed; and that was the end of this strange happening. | WIKI |
March 1, 2024
pixliv
Digitally first class
The Broad Categories of Computer Networking
For some people, the computer itself could be a scary topic, considering the fact around how complicated the machine is. Talking about computer networking could give a heart attack to such people. However, it is not as scary as it may sound.
Computer networking could be understood by separating the two words in the term. A “computer” as we know is a complex machine that helps us to process information. “Networking” refers to linking or connecting. Hence computer networking would simply mean getting two or more computers connected. When we say the word “connected” in this reference, we mean that one computer could be accessed through the other.
Broadly speaking there are two ways of connecting two or more computers. The first one is called the wired network and the other one is called the wireless network. Both of these are huge subjects to study and understand. However, in layman’s language it could be said that when two or more computers are connected through wires it’s called the wired network. And when they are connected without the wires through wireless router, it is known as wireless network. As the wired networks are limited to the area wherein the wire web is installed, similarly the wireless has range limitations. The number of machines that are on a network would ensure the speed of the network. More machines in a network would mean a slow network.
The various computer network systems could be – Personal Area Network; Local Area Network; Campus Area Network; Metropolitan Area Network; Wide Area Network; Global Network and most importantly internet, intranet or the extranet. The names are given to the network depending upon the arena they have. Like for example the campus area would mean the machines that are in a given physically limited campus are connected through the computer networking. This could be wired or wireless networking.
Internet could be understood as a global network system. | ESSENTIALAI-STEM |
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Apr-2009
Hydrogen-induced cracking and blistering
Hydrogen damage to steel is a well-known consequence of corrosion in sour service. A corrosion inhibitor program can reduce hydrogen entry into the metal. This decreases or eliminates hydrogen damage, resulting in higher profitability and plant availability
Berthold Otzisk and Agnoula Gourzoulidou, Kurita Europe
Frank Dean, Ion Science
Klaus Bernemann, Evonik Oxeno
Viewed : 9410
Article Summary
Corrosion costs billions of dollars worldwide. Corrosion damage may lead to a drop in production, the expense of replacing equipment, maintenance and repairs costs, safety hazards or environmental pollution.
If corrosion is slow and well identified, costs can be controlled, as end of life is predictable. Equipment replacement or rehabilitation can be planned and orchestrated years in advance, to cause minimum disruption to the normal, efficient running of the plant. Corre-spondingly, unanticipated corrosion costs are often compounded by a lack of immediately available services and materials needed for equipment rehabilitation and unplanned upsets, both upstream and downstream of the severe corrosion event. Hydrogen induced cracking (HIC) and the blistering of carbon steel are both such unexpected corrosion phenomenon.
Hydrogen damage (Figure 1) is encountered in many steel processes, such as pickling, electroplating and welding. One essential contributing feature of hydrogen damage to welds is that mobile hydrogen, by virtue of its very increased solubility and diffusivity through steel at elevated temperatures, is generated at a relatively high concentration in certain regions of the weldment (the heat affected zone). As the weldment cools, the solubility decreases, and so the activity of this mobile hydrogen increases.
However, HIC during steel service does not normally involve the cooling of steel after exposure to hydrogen at high temperatures. Usually, active, aqueous acid corrosion by hydrogen promoters — the weak acid hydrides of P, As, Sb, S, Se, Te and F — causes atomic hydrogen to enter the steel at extremely high activities. For instance, the Grabke and Reicke1 report promoted mobile hydrogen concentration levels in steels at activities of over 1000 bar1/2. That is to say, the gaseous hydrogen pressure required to generate the hydrogen in steel concentrations generated by promoters would need to be over one million bar. No wonder steel can be susceptible to hydrogen cracking. The most important hydrogen promoter industrially, and probably the most vigorous,2 is H2S, sour gas.
With regards to sour corrosion, the rate of hydrogen entry into the sub-surface of a steel subject to sour corrosion is now well known to vary as [H2S]0.2 to [H2S]0.25 (ie, only weakly with sour gas concentration3-6). It appears the promoter acts catalytically in favouring the entry of atomic hydrogen into the steel. By contrast, in acid corrosion by non-promoters, such as HCl,7 cathodically formed atomic hydrogen associates to form molecular hydrogen, which desorbs to be carried off into the process stream as
hydrogen gas.
Hydrogen entry is not known to occur through the sulphide scale that frequently results from sour corrosion. Indeed, the passivation of sour corrosion by a variety of sulphide scales that form on carbon steel are a major reason why sour corrosion is not more prolific. Also, sour corrosion can be successfully controlled by inhibitors.
In the absence of inhibitors, hydrogen damage is contingent on the scale being removed due to:
— Dissolution at a pH below about 3–5 (depending on steel surface chemistry8)
— Oxidation of sulphide scale; for example, during internal inspection, followed by removal of the more soluble iron oxide product
— Erosion corrosion
— At a high pH by complexation of sulphide to form soluble thiocyanide, Fe(SCN)42-. It is doubtful that cyanide is a promoter itself. It only acts to expose steel to sour gas at a high pH.
Steel’s susceptibility to HIC depends upon hydrogen entering the steel at a certain activity and migrating through it. Migrating hydrogen atoms may encounter non-metallic inclusions at the steel centre line and lattice defects, where they segregate and recombine to form molecular hydrogen. Eventually, sufficient pressure forms inside a micro-crack for it to propagate, forming a hydrogen-induced crack discernable by ultrasonic testing. The cracks normally run parallel to the steel surface, which is, therefore, the favoured direction of stress propagation. Apart from the presence of sulphides such as MnS, steel’s susceptibility to cracking is influenced by the banding of grains, also running parallel to the surface.
As cracks elongate and join up, the hydrogen activity required to propagate them further decreases, and eventually the metal will deform to produce a discernable blister on the steel’s exterior. Such large blisters should not be confused with fish eye-type blisters forming near the surface of relatively soft carbon steels subject to, say, sour gas corrosion.
HIC is observed in steels with high tensile strength, which may be high-carbon steels or non-stainless alloy steels. Another variant of hydrogen-related corrosive damage — sulphide stress corrosion cracking — affects high- strength steels, in which hydrogen migrates to a crack formed on the steel’s surface.
HIC may occasionally be delayed beyond the normal timescale of a few hours to a day, to allow for the diffusive migration of hydrogen into and, if not trapped, out of the steel. A high hydrogen entry activity is required, but, in addition, the affected steel is subject to high internal or external stress. Signs of a need for delayed HIC are notches on the work piece’s surface or its interior, where hydrogen has concentrated in elastically widened lattice areas.
Hydrogen-induced damage can reveal fracture surfaces that cannot be easily distinguished from cleavage fractures. Intergranular cleavage fractures are often difficult to distinguish from cracks that have been formed by intergranular stress corrosion cracking. In addition, there is the possibility of confusion with intergranular fatigue cracks or intergranular hot cracks.
Corrosion measurement and control
Low carbon and low alloy steels are the preferred materials for most pipes and vessels in the oil industry. Typically, corrosion rates are quoted in units of mm/year or mils/year wall loss, a severe corrosion rate being 1 mm/yr or 40 mil/yr. Corrosion measurement is crucial at all stages of oil production and refining. The most direct measurement of corrosion rate is wall thickness loss, determined by ultrasonic thickness (UT) testing. These small handheld instruments measure the back wall echoes to determine the thickness of the metal.
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Health Information Center
Lower GI Endoscopy
Publication Type:
Animation - 3D
Lower GI Endoscopy
Transcript
A lower GI endoscopy, also called colonoscopy or signmoidoscopy, allows your doctor to view the mucosal lining of your lower gastrointestinal tract.
The procedure is used as a screening test in individuals with no symptoms, or to help diagnose unexplained abdominal pain, rectal bleeding, or a change in bowel habits.
It is capable of detecting inflammation, infections, ulcers, diverticulosis, intestinal narrowing, colorectal polyps, cancer or other problems that may be present.
The procedure is performed using an endoscope, which is a long, thin, flexible tube with a light and a tiny video camera attached to the end. The camera transmits an image to a monitor.
In a sigmoidoscopy, the endoscope only reaches to the top of the descending colon.
In a colonoscopy, the endoscope reaches through the entire length of the colon to where it connects to the small intestine.
Before a colonoscopy, an intravenous line will be started and you will be offered pain medication and a sedative.
Your blood pressure, pulse, and the oxygen level in your blood will be monitored and you may also receive oxygen through a nasal cannula during the procedure.
A sigmoidoscopy does not usually require this kind of preparation or monitoring.
The presence of the endoscope and the air may cause you to feel cramping or pressure and the need to pass gas.
This is considered a normal part of the procedure.
Your doctor may ask you to change your position slightly to help maneuver the endoscope more easily through the curves of your lower intestine.
If you experience pain tell your doctor immediately.
In some cases, your doctor may find it necessary to take a biopsy.
A biopsy helps distinguish between benign and cancerous tissues and can help determine the cause of bleeding, inflammation or diarrhea.
Biopsies are often taken even when your doctor does not suspect cancer.
If one or more polyps are discovered, your doctor will generally remove them in a procedure called a polypectomy.
He or she will usually use a snare to remove the polyps and then cauterize their bases to control bleeding.
After the procedure you will be monitored for about half an hour until the effects of any medications you have taken wear off.
You will need to arrange for a ride home, particularly after a full colonoscopy.
This content is reviewed regularly and is updated when new and relevant evidence is made available. This information is neither intended nor implied to be a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with questions regarding a medical condition. | ESSENTIALAI-STEM |
As Copper Prices Recover, ‘COPX’ Can Capture Even More Upside
The 'reopening' trade isn't just relegated to strength in equities as the economy recovers. Copper prices are also rising, and ETF investors can capture the forthcoming upside with the Global X Copper Miners ETF (COPX).
”The narrative we’ve been hearing is that it’s really a play on the broader reopening of the economy,” says Spencer Barnes, associate vice-president of mutual fund and ETF strategy at Raymond James Ltd., in a The Globe and Mail article. “Copper is cyclical and driven by market expansion, so it’s not surprising how it’s been bid up thanks to the massive push to reopen the economy, and the stimulus we’re seeing.”
COPX seeks to provide investment results that correspond generally to the price and yield performance of the Solactive Global Copper Miners Total Return Index, which is designed to measure broad-based equity market performance of global companies involved in the copper mining industry.
COPX gives investors:
Targeted Exposure: COPX is a targeted play on copper mining.
ETF Efficiency: In a single trade, COPX delivers efficient access to a basket of companies involved in the mining of copper.
The fund also offers impressive country-by-country diversification.
"COPX offers exposure to a basket of about 30 mining companies including top holdings such as India’s Vedanta Ltd., Toronto-based First Quantum Minerals Ltd. and Arizona-based Freeport-McMoRan Inc," the article added.
History Favors Higher Copper Prices
While current, near-term technical indicators can speak to the strength of copper prices, history also favors higher copper prices. Copper's prices generally follow a monthly cycle that dates back to 1890.
"Below, we see annual copper from 1890. Note that the momentum oscillator is oversold and is turning up at a higher low than the last low, a constructive development," a Forbes article said. "Monthly price is overbought, but this is not a great concern due to the annual momentum situation. Note in the monthly histogram that the current month has been seasonally strong. In March, price has risen in 60% of all cases for an average 2% gain. The April, May, June months have individually closed on the upside less than 50% of the time. The monthly dynamic cycle dips from April through mid-May so a correction back to $3.80-$3.90 is possible. But the longer bull market remains intact."
"All retracement levels have been surpassed, so new highs past $4.50 are likely likely in the summer," the article added.
For more news and information, visit the Thematic Investing Channel.
Read more on ETFtrends.com.
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 |
Lub Dub | Circulatory system physiology | NCLEX-RN | Khan Academy
Lub Dub | Circulatory system physiology | NCLEX-RN | Khan Academy
If you take a good long
listen to your heart, you’ll actually notice
that it makes sounds. And those sounds are
usually described as lub dub, lub dub, lub dub. And if you actually
try to figure out what that would spell
out like, usually it’s something L- U- B, D- U- B. And
it just repeats over and over and over. And to sort of figure out
where those sounds come from, what I did is I took
that diagram of the heart that we’ve been using
and actually exaggerated the valves, made
them really, really clear to see in this picture. And we’ll use those
valves to kind of talk through where those
sounds are coming from. So let’s start by
labeling our heart. So we’ve got at the top, blood
is coming into the right atrium and going to the
right ventricle. It goes off to the
lungs, comes back into the left atrium and
then the left ventricle. So these are the
chambers of our heart. Now, keep your
eye on the valves. And we’ll actually
talk about them as the blood moves through. So let’s start with blood going
from the right atrium this way into the right ventricle. Now, at the same moment
that blood is actually going from the right atrium
to the right ventricle, blood is actually also
going from the left atrium to the left ventricle. Now, you might think,
well, how’s that possible? How can blood be in
two places at one time? But now remember that
blood is constantly moving through the heart. So in a previous
cycle, you actually had some blood that was
coming back from the lungs, and that’s what’s dumping
into the left ventricle. And in a new cycle,
you have a bit of blood that’s going from the right
atrium to the right ventricle. So you have simultaneously
two chambers that are full of blood– the
right and left ventricle. Now, to get the blood
into those ventricles, the valves had to open. And specifically, let’s
label all the valves now. So here you have
our tricuspid valve, and I’m going to label
that as just a T. And then up here, you
have the pulmonary valve, and this’ll be just a P.
And on the other side, you’ve got the mitral valve,
which separates the left atrium from the left ventricle. And you’ve got the aortic valve. So these are the four
valves of the heart. And as the blood is
now in the ventricles, you can see that the tricuspid
and the mitral valve are open. So far, so good. Now, I’ve actually drawn the
pulmonary valve as being open. But is that really the case? And the answer is no,
because what happens is that as blood is moving
down from the right atrium to the right ventricle,
let’s say that– and I’m going to
draw it in black. Black arrows represent the bad
or the wrong direction of flow. So let’s say some
blood is actually trying to go that way, which is
not the way it should be going. What happens is that
these two valves, they, based on their
shape, are actually not– they’re going to jam up. They’re going to basically
just jam up like this, and they’re not going to
let the blood pass through. So this is what happens
as that valve closes down. And the same thing
happens on this side. Let’s imagine you have some
backwards flow of blood by accident, meaning that it’s
going in the wrong direction. Well, then these valves
are going to close down. So the white arrows represent
the correct flow of blood, and the black arrows represent
the incorrect flow of blood. So these valves
shut down like that. So now you can see
how the valves, the aortic and pulmonary
valve, are actually closed when the mitral and
tricuspid valve are open. So what happens after this? So now our ventricles
are full of blood, right? They’re full of blood. And let’s say they squeeze down,
and they jettison all the blood into those arteries. Well, now you’re going to
have– this is actually going to close down. Let’s say this
arrow flips around. These arrows become white,
because the direction of flow is going to be in the
direction we want it. It’s going to go
this way and this way And to allow that,
of course, I need to show you that these open up. And they allow the blood to go
the way that we want it to go, so now blood is going to flow
through those two valves. But similar to before, you
could have some backflow here. You could have backflow here. And you can have backflow here. So you can imagine
now, let’s say you have a little
bit of backflow that wants to go this way, which
is the wrong direction. Right? Well, then these valves
are going to close up. They’re going to say, no,
you can’t go that way. They’re going to close
right up, and they’re going to not allow
blood to go that way. So this is going to happen on
both sides, both ventricles. And the valves shut. And so basically the
backflow of blood is not allowed, because
the valves keep shutting. And when the valves snap shut–
so for example, right now the tricuspid valve and the
mitral valve snapped shut. Well, that makes a noise. So when T and M snap shut, that
makes a noise that we call lub. That’s that first noise,
that first heart sound. In fact, sometimes people
don’t even call it lub dub. They say, well, it’s
the first heart sound. And to make that even shorter,
sometimes people call that S1. So if you hear S1,
you know they’re talking about that
same exact thing. And this dub is called
the second heart sound. And, no surprise, just
as before, if that’s S1, this is S2. So you’ll hear S1 when the
tricuspid and mitral valve snap shut. So far, so good. But you also know that if
that’s what’s making noise, you can kind of guess– and
it’s a very smart guess– that at the same time, the pulmonic
valve and the aortic valve just opened. So if the other valves snap
shut, these just opened. Right? You can kind of assume
that, although the noise you’re hearing is
actually from here. So what’s happening with dub? Well, the opposite. And what I mean by
that is– let me now show you what happens
a moment later. Well, after the ventricles
are done squeezing, then we get to a
point where you might have a little bit of flow
that way and that way, just as I drew before. And these valves
snap shut as well. So now these snap shut. And as these snap
shut– because they don’t want to allow
backflow, right? They’re going to
snap shut like that. They make noise. And so when you have
dub, you actually have noise coming from the
pulmonic and aortic valve snapping shut. And that must mean that then
the other two valves just opened up– the tricuspid and
mitral just opened. You can assume that, right? And I didn’t draw
that in the picture. Let me update my picture
now to show that. So now these two have
opened up, and blood is coming into the
ventricles again. So it’s actually a nice little
rhythm that you get going. And every time these valves go
open and shut, you hear noise. So you can kind of figure out
what’s happening based on– and these actually–
let me erase that. And now you have white
arrows going this way. And we’ve returned to
where we started from. So you basically
have a full cycle, and between these two– so
let’s say from lub to dub, because there’s a little
bit of space there. If you were to follow
it over time, over time, this is what it might look like
if this is a little timeline. You might hear lub here,
or the first heart sound. I’ll just call it S1. And you might hear S2 here,
the second heart sound. And then you’ll hear S1
again over here and S2. And what’s happening between
the two– so between these two, this time lag here– is
that blood is actually squeezing out, because the
pulmonary and aortic valves just opened. It is squeezing out and
going out to the whole body. So this is when blood
is going to the body, and sometimes we
call that systole. And between dub and
the next lub– so in this area right here–
well, at that point, blood is kind of
refilling from the atriums into the ventricles, and
we call that diastole. So now you can actually
listen to your heart. And you can actually
figure out, well, if you’re listening to the
sound between lub and dub or the space in time
between lub and dub, that’s when you’re
having systole. And if you’re listening to
or waiting for the sound to start up again–
so you just heard dub, and you’re waiting for lub
again– then that space in time is diastole. | ESSENTIALAI-STEM |
Go for Broke (Atlanta)
"Go for Broke" is the third episode of the first season of the American comedy-drama television series Atlanta. The episode was written by story editor Stephen Glover, and directed by producer Hiro Murai. It was first broadcast on FX in the United States on September 13, 2016.
The series is set in Atlanta and follows Earnest "Earn" Marks, as he tries to redeem himself in the eyes of his ex-girlfriend Van, who is also the mother of his daughter Lottie; as well as his parents and his cousin Alfred, who raps under the stage name "Paper Boi"; and Darius, Alfred's eccentric right-hand man. In the episode, Earn is "broke" on his payday but still goes on a dinner date with Van, going to a restaurant that will be financially suitable. However, due to a change in ownership, the restaurant is now different and starts offering expensive meals. Meanwhile, Alfred and Darius set to make a drug deal with a fictional version of Migos.
According to Nielsen Media Research, the episode was seen by an estimated 1.074 million household viewers and gained a 0.6 ratings share among adults aged 18–49. The episode received extremely positive reviews from critics, who praised the performances, writing, dark humor and the scenes with Migos.
Plot
At a fast food restaurant, Earn (Donald Glover) wants to order a kids' meal to save money. However, the cashier refuses to sell him the meal, indicating that he must have a kid with him and order it. Frustrated with the terms, Earn just asks for a cup, intending to fill it with water. He actually fills it with Fanta, realizing that a janitor is watching him.
As they prepare for bed, Van (Zazie Beetz) chastises Earn for his failure in helping with Lottie. Earn attempts to make up by taking her to dinner the next day, which she accepts. The next day, Earn finds that he only has $96 in his bank account, which is reduced to just $62 due to other expenses. He takes his coworker and friend Swiff's suggestion to take Van to a restaurant that will benefit him financially. Meanwhile, Alfred (Brian Tyree Henry) and Darius (Lakeith Stanfield) prepare to make a drug deal with a gang named "Migos" (a fictional version of the hip-hop group) with Darius handcuffing himself to the briefcase with the product. They arrive at their RV, where they are horrified to see that the gang has a man kidnapped.
At the restaurant, Earn finds that due to a change in the restaurant's leadership, the restaurant is now focused on seafood. The waitress starts upselling Van while Earn sees that he won't be able to pay the now-increasing prices. When the check arrives, Earn is disappointed to see the figure exceeds his salary. Back at the RV, the gang decides to let the man go but Quavo fires at him with a rifle, killing him. As Migos talk with Alfred and Darius, Earn calls Alfred to ask for $20 in his account to pay for the dinner, nearly exposing their plan in front of Migos. Alfred and Darius complete the deal and leave with the briefcase. At Van's house, she and Earn discuss their situations and struggles. Later, Earn tries to report his debit card stolen as he drinks champagne, which leaves him disgusted.
Development
In August 2016, FX announced that the third episode of the season would be titled "Go for Broke" and that it would be written by story editor Stephen Glover and directed by producer Hiro Murai. This was Stephen Glover's second writing credit, and Murai's third directing credit.
Filming
The scenes involving Migos were filmed outside Henry County, Georgia in two days.
Viewers
The episode was watched by 1.074 million viewers, earning a 0.6 in the 18-49 rating demographics on the Nielson ratings scale. This means that 0.6 percent of all households with televisions watched the episode. This was a slight increase from the previous episode, which was watched by 0.955 million viewers with a 0.5 in the 18-49 demographics.
Critical reviews
"Go for Broke" received extremely positive reviews from critics. Joshua Alston of The A.V. Club gave the episode an "A−" and wrote, "'Go For Broke' is a really unusual half-hour of television. It's expositional, but not clumsy. It's weird, but in a really plausible way. And somehow it manages to marry two stories that are so radically different, they shouldn't work together nearly as well as they do."
Alan Sepinwall of HitFix wrote, "Murai and the other directors shoot the series in a way that feels simultaneously raw and dreamlike, where strange and violent things can occur around Earn and it almost feels like they can't have happened." Michael Arceneaux of Vulture gave the episode a 4 star rating out of 5 and wrote, "Alfred's trip into the forest was funny to watch, but I'll be honest: I was drawn more to Earn and how complicated it is to pursue a dream when the responsibilities of adulthood begin steering you in another direction." Grant Ridner of PopMatters gave the episode an 8 out of 10 rating and wrote, "Overall, 'Go For Broke' is another stellar early entry from Atlanta, and seems like the kind of episode that the show could keep churning out for the next five years." | WIKI |
Talk:Roman Catholic Diocese of Limón
Mass times
Can anyone tell me what the regular Mass times are at this church? <IP_ADDRESS> (talk) 02:05, 19 January 2023 (UTC) | WIKI |
Candidemia due to Candida guilliermondii in an immunocompromised infant: a case report and review of literature
Date
2019-03
Authors
Ahangarkani, Fatemeh
Badali, Hamid
Rezai, Mohammad Sadegh
Shokohi, Tahereh
Abtahian, Zahra
Mahmoodi, Hasan
Karami, Hossein
Roilides, Emmanuel
Tamadoni, Ahmad
Journal Title
Journal ISSN
Volume Title
Publisher
Mazandaran University of Medical Sciences
Abstract
Background and Purpose: Candidemia is a life-threatening fungal infection with significant mortality and morbidity in neutropenic individuals, immunosuppressive chemotherapy recipients, and broad-spectrum antibiotics consumers. The epidemiology and antifungal susceptibility testing of non-albicans Candida species have been poorly studied. These species are characterized by low susceptibility to azoles and echinocandins. Herein, we report the first pediatric case of candidemia due to C. guilliermondii in Iran and review the literature on fungemia caused by C. guilliermondii.
Case report: We presented the first candidemia case due to Candida guilliermondii in a 4-month-old male infant with neuroblastoma in Iran. This study also involves a comprehensive literature review on fungemia caused by C. guilliermondii during a period of 18 years (i.e., 2000-2018) to discuss the epidemiology, clinical features, and treatment of this disease. The literature review resulted in the identification of 501 cases of candidemia caused by C. guilliermondii. Most of the patients were adults and had multiple risk factors. However, the main risk factors were significantly related to cancer chemotherapy, followed by central venous catheter use and Intensive Care Unit admission. Mortality rate due to this disease had a range of 3.4-66.6%; in this regard, the patients with cancer had the highest mortality rate.
Conclusion: Given the high mortality of candidemia, the early diagnosis of this infection and timely initiation of antifungal therapy significantly improve the patients’ survival rate and result in better outcomes. Consequently, it is highly recommended to monitor the local epidemiology of this life-threatening infection and raise awareness in this regard.
Description
Keywords
Candida guilliermondii, candidemia, cancer, pediatric
Citation
Ahangarkani, F., Badali, H., Rezai, M. S., Shokohi, T., Abtahian, Z., Mahmoodi, H., . . . Tamadoni, A. (2019). Candidemia due to Candida guilliermondii in an immunocompromised infant: a case report and review of literature. Current Medical Mycology, 5(1), 32-36. doi:10.18502/cmm.5.1.535
Department
Molecular Microbiology and Immunology | ESSENTIALAI-STEM |
Three weeks after the Constitutional Convention adjourned, the single most important speech in the yearlong ratification debate was delivered by James Wilson. A Philadelphia lawyer and immigrant from Scotland, Wilson had signed the Declaration of Independence in 1776 and, at the age of forty-four, was the most frequent speaker in the Constitutional Convention in which he signed the Constitution on 17 September 1787.
At the urging of “many gentlemen,” Wilson became the first delegate to the Constitutional Convention to defend the Constitution publicly in a lengthy speech delivered before “a very great concourse of people” in the state house yard in Philadelphia on Saturday evening, 6 October 1787, at a meeting called to nominate Philadelphia’s assemblymen for the upcoming state elections in November. The speech, in which Wilson declared that the Constitution was “the best form of government which has ever been offered to the world,” was printed in an extra edition of the Pennsylvania Herald on 9 October and reprinted in thirty-five newspapers throughout the country, in broadsides, and in pamphlet anthologies. The most important part of the speech appeared early when Wilson defended the lack of a bill of rights in the Constitution stipulating that bills of rights were not needed in republics in which the people elected their leaders, but were essential in monarchies in guaranteeing the rights of the people.
Wilson’s theory of reserved powers became the primary Federalist explanation for the lack of a bill of rights in the Constitution. It also became the foundation for the Tenth Amendment to the Constitution.
Wilson asserted that there was an enormous difference between the drafting of a state constitution and the constitution for a federal republic. When people drafted state constitutions, “they invested their representatives with every right and authority which they did not in explicit terms reserve; and therefore upon every question, respecting the jurisdiction of the house of assembly, if the frame of government is silent, the jurisdiction is efficient and complete.” In drafting a federal constitution, however, things were totally different. According to Wilson, “the congressional authority is to be collected, not from tacit implication, but from the positive grant expressed in the instrument of union. Hence it is evident, that in the former case every thing which is not reserved is given, but in the latter the reverse of the proposition prevails, and every thing which is not given, is reserved.” As an example, Wilson argued that Congress could not violate the freedom of the press because it had not been given any powers over the press. Consequently “it would have been superfluous and absurd” to include a federal bill of rights with the Constitution. Furthermore Wilson suggested that a bill of rights “might have been construed to imply that some degree of power was given, since we undertook to define its extent.”
Wilson’s theory of reserved powers became the primary Federalist explanation for the lack of a bill of rights in the Constitution. It also became the foundation for the Tenth Amendment to the Constitution. Wilson would expand upon this argument in speeches delivered in the Pennsylvania ratifying convention in November and December 1787 maintaining that any right omitted from a bill of rights could be considered as being surrendered. This argument was rejected by the Ninth Amendment to the Constitution. In 1789, Wilson was appointed an associate justice of the Supreme Court by President George Washington serving on the court until his death in 1798. | FINEWEB-EDU |
Zibusiso Mkhwanazi
Zibusiso Mkhwanazi (born 10 June 1983, Soweto, South Africa) is Group CEO of M&N Brands and co-founder of Avatar, Avatar won Financial Mail's AdFocus medium-sized agency of the year 2016 and were a finalist in 2017. A World Economic Forum Young Global Leader, Mkhwanazi is now building an African owned agency network through his investment company, M&N Brands.
Mkhwanazi is a Trustee of the National Economic and Education Trust (NEET), which has provided over 4,200 scholarships to underprivileged ICT students. Born in 1983, he is the founder of David's League, a Christianity-based mentorship program to support young entrepreneurs.
Career
Mkhwanazi started his first business, Csonke, a web design company, at the age of 17 (in 2000). Csonke then merged with Krazyboyz in 2007 and Mkhwanazi served as Executive Chairman until July 2010, developing and overseeing growth, strategy and marketing for both the Cape Town and Johannesburg offices. He then took on the role of CEO from July 2010 – December 2011.
In January 2012, Mkhwanazi went into partnership with Veli Ngubane to found Avatar, which has won numerous awards (AdFocus) including most digitally integrated agency (MarkLives) and also the agency that has done the most to drive transformation in the SA industry (MarkLives). Avatar opened their Cape Town office in 2016 and have won numerous accounts such as H&M and Chevron.
He also served as Chairman of ARM advertising and design in 2009, as well as Chairman of The Red quarter Brand Design August 2010 – November 2013.
Mkhwanazi is the majority shareholder in M&N Brands, with partner Veli Ngubane, an investment company building an African owned agency network. In 2017 they acquired Mela Events, a gold-Loerie award-winning events company with clients such as Standard Bank and Nando's. In 2017, the 33-year-old Financial Mail ADFocus awards created the industry's first transformation award at Mkhwanazi's urging, which was sponsored by M&N Brands.
Education
"Mkhwanazi’s story from the humble streets of Soweto" is as follows:
Bramley primary school, Bedfordview High School, NDip Information Technology (2005) and Dip Corporate Law (2006) at the University of Johannesburg, Foundations for Leadership in the 21st Century (2012) Yale and Global Leadership and Public Policy for the 21st Century (2013) at Harvard.
Awards and distinctions
* BBQ Young Business Achiever in 2007
* 100 Young South Africans June 2007
* Top ICT Individual in Africa and Top ICT Young Entrepreneur in Africa, both in 2008
* Men's Health Best Man Editor's Choice Award in 2009
* 200 Young South Africans
* IT Personality finalist for 2009 and 2010
* World Economic Forum Young Global leader
* Finalist for Best Individual Contribution to SA Digital Marketing, 2011.
* Named Top 25 media game changer, 2012 and Media Rockstar 2013.
* Financial Mail Adfocus New Broom Award, 2014
* Top 40 under 40s in The Media, 2015.
* Contender Most admired ad agency boss in South Africa 2016
* AALBA 2017 finalist
* EY World Entrepreneur of the Year 2018 Finalist | WIKI |
KVHZ
KVHZ (1430 AM) is an American radio station licensed to serve the community of Wasilla, Alaska. The station began broadcasting under program test authority as KMBQ in December 2008. Currently owned by Aaron Coman and Erin Marie Cruz, through licensee WorthRome, LLC, the station received its broadcast license on January 27, 2012.
Programming
The station broadcasts a mix of talk radio programming and 1960s oldies music. Syndicated talk programming includes America's Morning News (a radio news service of The Washington Times), The Ron Insana Show (a business news show from Compass Media Networks), and talk shows hosted by Neal Boortz, Don Imus, and Lars Larson. Nights, overnights, and weekends are predominantly music hours focused on the hits of the 1960s.
Early days
In January 2004, Thomas L. Sweeney of Spokane, Washington, applied to the Federal Communications Commission (FCC) for a construction permit for a new broadcast radio station. The FCC granted this permit on December 15, 2005, with a scheduled expiration date of December 15, 2008. However, Sweeney died on January 31, 2006, at the age of 83. His daughter, Ruth Ann Sweeney, acting as her father's personal representative, notified the FCC of the involuntary transfer of control of the permit and the FCC approved the transfer on June 30, 2006.
While awaiting FCC action, Ruth Ann Sweeney reached an agreement in May 2006 to sell the construction permit to Charles Dunham, owner of Northern Radio, Inc., and the license holder for KSWD and KSWD-FM in Seward, Alaska. The FCC approved this sale on August 31, 2006, and the transaction was formally consummated on October 2, 2006.
Klapperich era
Dunham's tenure as owner was short-lived as in November 2006, he reached an agreement to sell the permit to John N. Klapperich. The FCC approved this sale on December 28, 2006, and formal consummation of the deal took place on January 29, 2007. Klapperich had the FCC assign the under-construction station call sign KMBQ on April 26, 2008.
Facing a December 15, 2008, deadline to begin broadcast operations or risk losing the construction permit, Klapperich faced a literal roadblock to completing construction as neighboring property owners blocked the access road to the property. Their objections included claims that the wetlands area in which the tower was located was a bird and salmon habitat and that "AM radio waves can cause brain damage". Klapperich and his crew were able to complete construction and begin broadcasting on December 10, just days ahead of the deadline, with a simulcast of then-sister station KMBQ-FM (99.7 FM). He immediately filed an application for the station's broadcast license which the FCC accepted on December 22, 2008, but it would require more than three years of filings and counter-filings before the Commission would take further action.
In January 2009, Klapperich applied to the FCC to transfer the KMBQ construction permit from his personal control to Spirit of Alaska Broadcasting, Inc., a company wholly owned by Klapperich and his wife, Joan. The FCC approved the transfer on January 23, 2009, and formal consummation was filed on February 1, 2009.
Financial problems
In July 2010, Spirit of Alaska Broadcasting, Inc., licensee for KMBQ, KMBQ-FM, and KBYR, was placed into receivership by creditor Gladstone Capital Corp. The broadcaster owed the lender more than $2 million, according to published reports. The FCC granted an involuntary transfer of control of the broadcast licenses on August 19, 2010. Spirit of Alaska Broadcasting co-owner John Klapperich told the Anchorage Daily News that this was "an unbelievable situation" and that he and his wife "cleaned the potties on Sundays and we did everything we could for the station and the community." Although the station group reported a $10,000 profit for June 2010, the creditor took action when the broadcaster failed to promptly make payroll tax payments. Control of the stations was given to Virginia-based Bob Woodward, acting as receiver, with the goal of paying off "as much of its debt as possible".
In August 2011, sister stations KBYR (700 AM) and KMBQ-FM (99.7 FM) plus FM translators K203BY and K261AO were sold by Woodward, as receiver for Spirit of Alaska Broadcasting, Inc., to Ohana Media Group, LLC, for a reported $1.227 million. As KMBQ (1430 AM) was not part of this transaction, the licensee requested a new call sign for the station and it was assigned KWAP by the FCC on October 28, 2011.
Falling silent
In August 2010, the station's transmitter facility was damaged, taking the station dark from the 15th until the damage was repaired and normal operation resumed on August 20. The station fell silent again on December 29, 2010, but temporary measures returned them to the air a few days later.
However, in February 2011, KMBQ notified the FCC that "technical issues impeding normal operations" had again taken the station dark on January 23, 2011. The station's licensee reported that "dangerous ice and snow conditions immediately surrounding the transmitter site" prevented them from accessing the site to inspect or repair the equipment. The station's silence continued through the spring and summer, prompting the FCC to grant the station special temporary authority on October 12, 2011, to remain silent through no later than January 23, 2012. As a matter of law, if any U.S. broadcast station remains silent for a full year then its license is subject to automatic forfeiture and cancellation by the FCC. The station resumed regular broadcasting on November 22, 2011.
Broadcast license
After construction and testing were completed and with normal broadcast operations under program test authority continuing, the station applied for its broadcast license on January 10, 2012. The FCC granted the station its license on January 27, 2012.
The station changed its call sign to KKNI on January 22, 2014.
Launch of dance format
On April 4, 2016, KKNI operated its own automation and studio providing an in house classic rock format. The Wasilla station was a clone of KKNI-FM in Sterling AK but was not a simulcast. The station switched from the classic rock-format to dance, branded as "K Hitz 107 FM" (simulcast on FM translator K296FP 107.1 FM Willow Creek, Alaska). Effective May 2, 2016, Alaska Multimedia, LLC acquired KKNI and K296FP for $225,800. The station changed its call sign to the current KVHZ on January 18, 2017.
Effective September 30, 2021, Alaska Multimedia sold KVHZ and K296FP to Aaron Coman and Erin Marie Cruz's WorthRome, LLC for $180,000. | WIKI |
Screen Filters That Block Blue Light
In recent years we have been concentrating on and learning more about the importance of a good sleep cycle.
Many studies have shown that an irregular cycle or lack of sleep could lead to many negative side effects including weight gain, diabetes, and heart disease.
One of the reasons that this is becoming such an important topic is because of the technology that has crept so far into our lives may be causing some of these problems.
Not only does this stem from using our devices too much, but it is also related to the lights that are emitted from our device screens.
Specifically, the blue lights that are emitted from most screens can mimic the color of the sky and trick our minds into thinking that the sun is still up and that we should stay awake.
This can be counteracted by leaving screens outside of the bedroom and having an hour of technology-free time before bed, but there are other solutions that you can try.
You can get the Iris Software for your smaller devices and your desktop or laptop computer that will help to filter out the extra blue lights that can be causing problems.
These applications work by mimicking the natural light outside of where you live, working like the sun to regulate your circadian rhythm.
Iris manages this by working with the hours of daylight, lowering the intensity of the light as the day goes on.
They can also let you customize the levels of contrast that your screens have, and you can set profiles to work for different parts of the day or depending on what you are using your device for.
You can even pause the applications when you want to if you wish to see things the same as you did before.
It caters to both Windows and Mac and can be integrated easily into your computer software.
Some apps move to a much redder light which will take a little getting used to, but as this is something that can damage the eyes and it is worth taking a look at.
The lack of contrast that occurs when blue light is emitted causes our eyes to strain to see images and text clearly.
This can lead to eye strain and headaches, which can have a knock-on effect on insomnia as well.
Iris a great way to protect your eyes and to get yourself back into a better sleeping rhythm if that is a problem that you have been facing recently.
Often, these applications are free for the basic software and are very easy to use for anyone who does not feel confident changing settings on their computer screens.
So, it is very important to take care of our sleep cycles and our eyes and to manage the amount of time we spend looking at screens in our daily lives.
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The Synergy of Laravel and Three.js: A Deep Dive into Their Integration | Lucid Softech
The Synergy of Laravel and Three.js: A Deep Dive into Their Integration
By Lucid Softech IT Solutions | Laravel, 21 Aug 2023
In the ever-evolving landscape of web development, the combination of Laravel, a robust PHP framework, and Three.js, a powerful JavaScript library for 3D graphics, has unlocked a world of possibilities. This blog post delves into the remarkable synergy between Laravel and Three.js, exploring how their integration empowers developers to create captivating, interactive, and immersive web experiences that blur the lines between reality and the digital realm.
The Power of Laravel and Three.js Integration:
Laravel: Beyond Backend Excellence
Laravel, acclaimed for its elegant syntax and rich features, isn’t confined to backend tasks alone. It seamlessly integrates with front-end libraries like Three.js to create holistic and engaging web applications. Laravel’s backend prowess, including routing, database management, authentication, and APIs, complements Three.js’s frontend capabilities to build comprehensive web experiences.
Three.js: Unleashing the Third Dimension
Three.js revolutionized web development by enabling the creation of intricate 3D scenes directly in the browser. Its WebGL-based rendering delivers stunning visuals, and its intuitive API empowers developers to craft virtual worlds with ease. By merging Laravel’s back-end functionality with Three.js’s front-end magic, developers can transcend traditional web interfaces, offering users immersive and interactive 3D experiences.
The Integration Journey:
1. Setting the Stage
• Creating a Laravel Project: Begin by setting up a Laravel project using the Laravel installer or Composer. This serves as the foundation for your integrated application.
2. Embracing the Three.js Magic
• Integrating Three.js Library: Incorporate the Three.js library into your Laravel project by including it in your project’s assets directory.
3. Laravel and Three.js in Harmony
• Blade Templates and JavaScript: Utilize Laravel’s Blade templating engine to integrate Three.js seamlessly. Inject JavaScript code within Blade views to initiate Three.js scenes.
4. Unveiling Immersive Experiences
• Creating Interactive Scenes: Leverage Three.js to construct immersive 3D scenes featuring objects, lights, and textures. These scenes can be dynamically generated through Laravel’s backend processes.
5. The Dynamic Duo: Backend and Frontend Interplay
• Data Exchange with APIs: Harness Laravel’s API capabilities to exchange data between the backend and the Three.js frontend. This could include object positions, textures, animations, and more.
6. Elevating Interactivity
• User Interactions: Elevate user experiences by enabling interactions within the Three.js scenes. Implement animations, real-time updates, and user-triggered actions through Laravel-powered APIs.
7. Personalization and Persistence
• User Profiles and Preferences: Employ Laravel’s backend capabilities to store user profiles, preferences, and progress within the Three.js VR environment. Tailor the experience to each user.
8. Uniting Realities with Real-time
• Real-time Collaboration: Combine Laravel’s real-time broadcasting features with Three.js to create collaborative VR experiences. Users can interact, communicate, and explore together in a shared virtual environment.
Conclusion:
The fusion of Laravel’s backend prowess with Three.js’s frontend magic creates a symphony that elevates web development to new dimensions. The integration of Laravel and Three.js empowers developers to create immersive, interactive, and data-rich web experiences that engage users on an unprecedented level. As the boundaries between the digital and physical worlds blur, the synergy between Laravel and Three.js emerges as a testament to the boundless creativity and innovation within the realm of web development. So, dive into this integration, harness its potential, and craft digital experiences that leave users in awe of what the web can offer.
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BofA Lifts Price Target on HA Sustainable Infrastructure (HASI)
On May 27, BofA Securities analyst Dimple Gosal increased the price target on HA Sustainable Infrastructure Capital Inc (NYSE:HASI) from $21 to $24 and maintained a Buy rating.
The improved sentiment is based on the expectations of a stronger second quarter of 2025, driven by the company's improved pipeline.
5 Most Sustainable Companies in the US
HA Sustainable Infrastructure Capital Inc (NYSE:HASI) is an investment company that is focused on investing in infrastructure projects that support energy transition. The company released its Q1 2025 results on May 7. It delivered a total revenue of $97 million, down 8% year-over-year. Management attributed the decline to a $10 million decrease in gain on sale income and higher than normal sale income a year ago.
Notably, HA Sustainable Infrastructure Capital Inc (NYSE:HASI) closed more than $700 million in transactions during the quarter, marking record transactions for the first quarter. Analyst Gosal highlighted the company’s pipeline, which stood at more than $5.5 billion at the end of the first quarter. Gosal believes this strong pipeline will help the company deliver a stronger second quarter.
While we acknowledge the potential of HASI as an investment, our conviction lies in the belief that some AI stocks hold greater promise for delivering higher returns and have limited downside risk. If you are looking for an AI stock that is more promising than HASI and that has 100x upside potential, check out our report about the cheapest AI stock.
READ NEXT: 11 Most Promising New Technology Stocks According to Analysts and 12 Best Growth Stocks to Buy and Hold for the Long Term.
Disclosure: None. | NEWS-MULTISOURCE |
As I don't really know where else to publish this (mathoverflow etc do not seem to have a section for it), here comes a wrong construction of a field of characteristic 1. Still, it is wrong in a somewhat interesting way. Maybe as an exercise for an introductory lecture in mathematical logic or something.
So to make things easy, we work with ZFC. We could probably use weaker systems, but this would just make things harder to express.
Now, let \operatorname{ZFC} be the first-order theory of Zermelo-Fraenkel set theory, and let us assume that \operatorname{ZFC}\not\vdash\bot. We define first-order constants K, 0, 1, +, \cdot with the axioms
• 0,1\in K
• +,\cdot\subseteq K^{K^2}
• (K,+,\cdot,0,1) is a field
Now define 0.a := 0 and (n+1).a := n.a + n, where the first addition is ordinal addition, and the second addition is addition in the field K. Essentially, this defines that n.a means adding a\in K for n times. This is a simple recursive definition, so it is justified according to the recursion theorem. We add the axiom
• \exists_{0<\alpha<\omega}\forall_{a\in K} \alpha.a = 0 (K has finite characteristic \neq 0)
let us call the resulting theory \operatorname{ZFC}_K. Obviously, \operatorname{ZFC}_K\not\vdash\bot. Now define the axioms A_n := \underbrace{1+\ldots+1}_{n\times}\neq 0, and A :=
\{A_{n+2}\mid n\in \mathbb{N}_0\}, and consider \operatorname{ZFC}_K \cup A.
Every finite subset of \operatorname{ZFC}_K \cup A is satisfiable, because there are fields of arbitrarily large characteristic. Hence, because of the compactness theorem, \operatorname{ZFC}_K \cup A \not\vdash \bot, and hence, there is a model M \models \operatorname{ZFC} with a constant K such that
• K is a field
• K has finite characteristic
• \operatorname{char} K\neq n for all n\in\mathbb{N}_0\backslash\{1\}.
We can "lift" K out of its model M, by setting \overline{K} := \{k\in M\mid M\models k\in K\}, similar for the other constants.
Now comes the exercise: Why is \overline{K} not a field of characteristic 1?
I could actually imagine that, though the actual characteristic of \overline{K} should be 0 (if I am correct), this thing has some properties that one wants from fields with characteristic 1, so it might be interesting to look at (but if it is, there certainly are people who already do this). | ESSENTIALAI-STEM |
General, Research, Technology
How many people can infect one patient with coronavirus
The coronavirus is known to spread mainly through the air, especially indoors. Although this virus is not as contagious as, for example, measles, scientists already recognize the fact that COVID-19 able to infect most people who arein one room. This is aggravated by the lack of good ventilation and the duration of contact: tiny infectious particles that the patient exhales can hang in the air for hours in a closed room and penetrate into the bodies of other people. We offer to visually see how the infection occurs, and whether wearing masks can affect the spread of the virus.
Spoiler - very good
Content
• 1 How the coronavirus spreads
• 2 How can you get infected with the coronavirus?
• 3 Could the scream accelerate the spread of the coronavirus?
• 4 Is it possible to get coronavirus in a cafe?
• 5 Spread of coronavirus in school
How the coronavirus spreads
Let's take the most common situation: a person comes to visit friends or family, not knowing (we hope) that he is infected with the coronavirus.
All without masks, including the infected
After four hours of communication with this person, no matter at what distance they are from him, all the remaining 5 people are already will be infected... If we talk about a room of 20 square meters without good ventilation.
After a few hours everyone is infected
If masks are used by all people inthe room will be infected not 5 people, but 4 people. Why is that? The fact is that masks themselves do not prevent infection if contact is very long. In our case, people in the room talk for 4 hours - most masks cease to be effective after 2 hours.
Masks help reduce the risk of spread, but they are only effective for 2 hours
And this is how the picture of infection will look like if everyone in the room uses masks, reduce contact from 4 to 2 o'clock and provide air flow into the room and its exit.
In this case, only the one who is closest to the patient is at risk.
How can you get infected with coronavirus?
Currently, health authorities recognize three main ways of contracting COVID-19.
• Salivathat is secreted by an infected person when talking or coughing and gets into another person's eyes, mouth, or nose.
• Contaminated surfaces, although the US Centers for Disease Control and Prevention (CDC) notes that this is the least likely case. But it can be.
• Breath - a healthy person breathes in invisible infectious particles that the patient breathes out. Without ventilation in the room, they remain suspended and eventually condense in the room.
• Scientists from Japan recently found that coronavirus survives on the skin for up to 9 hours. Who would have thought!
In the latter case, a distance of 1.5 meters or more is considered safe, but if you are with the patient in the same room for a long time, then she won't help.
Virus particles can remain in the air for several hours
Only 60 minutes an infected person can "populate" a room with virus particles, and if there is no ventilation in the room, they remain in the air and eventually infect other people.
In the absence of ventilation, the picture is
Could screaming accelerate the spread of coronavirus?
According to scientists, the nature of the conversation really affects how quickly the virus particles spread in the room.
So, if the patient is silent, then even afterhours of contact with him, the other person can be safe (if, of course, wears a mask). In a normal conversation, the threat of infection will come within 15 minutes, and with a cry - completely in 2 minutes.
Recent scientific publications have forced the Worldthe health organization recognizes the risk of such contamination. They note that under certain conditions, people with COVID-19 can infect others, even if they are more than two meters away. This happens in closed rooms with insufficient ventilation.
Can you get coronavirus in a cafe?
Outbreaks of coronavirus at events inpublic places and establishments such as bars and restaurants form an important part of the spread of the infection. First of all, they are the most destructive: each outbreak of the virus in a small nightclub ends up infecting an average of 27 people.
In one of the American nightclubs in just one night with coronavirus 173 people became infected.
Suppose an infected person arrives at a nightclub at 19:00. He's without a mask, like everyone else.
The patient came to the club without a mask
By 11 p.m., everyone else will be infected with the coronavirus, with the exception of those who were relaxing on the open veranda.
After 4 hours all are infected
If everyone, including the infected, would wearmasks, the risk of infection would be significantly reduced. But due to the long stay in the same room and the lack of ventilation, many would still go home with the coronavirus.
The picture is much better with a mask
And this is how the picture of the spread of the virus will look like if everyone will wear masks, the room will be good ventilation and duration of communication will halve... Only one potentially infected person is the one who communicated most closely with the patient.
Ventilation, masks and short contact - and almost no one gets sick
Spread of coronavirus at school
The same goes for any other public place, including schools and universities. A sick teacher without a mask will infect most of the children in the class in just 2 hours.
Even with a distance, most students will be infected
A sick teacher with a mask will infect fewer students if they are also wearing a mask.
The mask will help correct the situation, but without the flow of air and the reduction of lessons, many will still get infected
The risk of infection will be minimized if the lesson is cut in half and the classroom is well ventilated.
A maximum of 1-2 people per class will become infected.
To calculate the likelihood of human infectionused a simulator developed by a group of scientists led by Professor Jose Luis Jimenez (University of Colorado) to show the importance of factors that influence the spread of coronavirus. The calculation is not exhaustive and cannot include countless variables that contribute to infection, but it shows the development of risks based on factors that are entirely in our control. So keep wearing the mask, but do not forget that the duration of contact with people should be minimized even in this case. Better yet, try not to meet with anyone once again - you can also talk about science in our Telegram chat.
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Hong Kong to ban e-cigarettes as global cigarette market declines
Hong Kong will ban e-cigarettes and other similar smoking products to protect public health, chief executive Carrie Lim said Wednesday during her annual address, per the Associated Press. Why it matters: Hong Kong will be the 28th territory or country that bans the import, manufacture, sale, distribution and advertisement of e-cigarettes. However, the AP writes that mainland China remains the largest producer and consumer of tobacco products, with more than half of the country’s men being regular smokers. As of 2017, there are 87 countries that have some kind of regulation on e-cigarettes, and studies show the market for cigarettes globally is declining. Other countries also banning such products include: Argentina, Bahrain, Brazil, Brunei Darussalam, Cambodia, Colombia, Gambia, Greece, Jordan, Kuwait, Lebanon, Mauritius, Nepal, Nicaragua, Oman, Panama, Qatar, Saudi Arabia, Seychelles, Singapore, Suriname, Thailand, Turkey, Turkmenistan, Uganda, United Arab Emirates and Uruguay. | NEWS-MULTISOURCE |
The Philadelphia & Reading Terminal Railroad Company’s Appeal. In re Melon Street.
Road law — Statutes—Repeal—Vacation of streets.
The 6th section of the act of April 21,1858, P. L. 386, so far as the same applies to the vacation of streets in the city of Philadelphia, is not repealed.
Vacation of streets — Abutting owners — Damages.
Where part of a street in the city of Philadelphia is vacated, in a proceeding in the court of quarter sessions under the act of 1858, to assess damages, owners of property abutting on the part of the street not vacated are not entitled to damages unless access is cut off, rendered dangerous or practically useless.
Vacation of part of street — Partial interference with access.
In the vacation of part of Melon street in the city of Philadelphia, the owners of property abutting on the portion not vacated were cut off from access through Ninth street to the general plan of streets, but their access by way of Tenth street to the same general plan of streets was unimpaired. Held, that they sustained no special injury entitling them to damages.
Assessment of damages — Control of appellate court-rRelease.
Where the jury of view in assessing damages for vacating part of Melon street considered in connection therewith damages for the vacation of Ninth street: Held, that though this was erroneous, the appellate court could order a release to be filed by the petitioners for all damage? caused by the vacation of Ninth street, and thus protect appellant’s rights.
Report of jury of view — Assessment of benefits — Defective finding as to ownership.
Where, under the statute, a jury of view can apportion and assess benefits only against the owners of land benefited, and the report of viewers apportions and assesses such benefits against one party but fails to set forth that such party is the owner of land, the report cannot be sustained.
Argued Nov. 4,1895.
Appeal, No. 18, Nov. T., 1895, by tbe Philadelphia & Reading Terminal Railroad Company, from judgment of Q. S. Phila. Co.
Before Rice, P. J., Willard, Beaver, Reeder, Wickham, McCarthy and Orlady, JJ. Reversed. Rice, P. J., and Beaver, J.,
dissent.
The proceedings were initiated under the ordinance of July 14, 1891. It provided, inter alia, for the striking from the city plan of that part of Melon street between the west line of Ninth street and a point one hundred and thirty-two feet, one and one half inches west thereof, on the south'side of Melon street, and one hundred and twenty-two feet six and three quarter inches west thereof, on the north side of Melon street.
The petitioner, Sarah Ann Eddowes is the owner of No. 912, Melon street, a property on the south side, commencing one hundred and thirty-two feet, one and one half inches from the west side of Ninth street, containing eighteen feet on Melon street.
It thus appears that the whole of petitioner’s property is west and outside of the part of Melon street vacated.
The other claimants are all owners of property west of the Eddowes property, being Nos. 914 to 924 inclusive on the south side, and Nos. 913 to 925 on the north side.
All the property abutting upon that portion of Melon street between the points named in the ordinance of July 14,1891, is owned by the Philadelphia & Reading Railroad Company.
The Philadelphia & Reading Terminal Railroad Company has constructed its railroad from a point in Ninth street, vacated, across the part of Melon street, vacated.
The revision of the city plan under the said ordinance was duly confirmed by the board of surveyors upon October 5,1891.
Upon December 26, 1890, an ordinance was passed relating to the construction of the railroad of the Philadelphia & Reading Terminal Railroad Company (Ord. 1890, page 420), under section 3 of which a revision of the city plan was authorized and directed by striking therefrom, among other streets, Ninth street from Fairmount avenue to Green street.
This revision was made and duly confirmed by the board of survej'ors on March 16, 1891.
The city plan is shown on next page (65).
The award of the jury was as follows :
And now, after a full and impartial consideration of all testimony submitted to them, and after a careful view and review of the premises, and acting on their best judgment, the jury therefore find that the following property owners are damaged to the amount set opposite their respective names :
.And they do further find that the Philadelphia & Reading Terminal Railroad Company is specially benefited to an amount not less than $9,750.
The jury therefore report that in their opinion the said claimants are entitled to the sum of $9,750, above awarded as damages, and they assess and apportion the whole of said sum of $9,750 against the said The Philadelphia & Reading Terminal Railroad Company.
Errors assigned were: (1) Because the Q. S. has no jurisdiction in the premises. (2) Because it appears by the said report that none of the claimants to whom damages are awarded by the said report is the owner of property abutting upon that portion of Melon street vacated. (3) Because the report does not show any damage caused by the vacation of part of Melon street for which a recovery can be had. (4) Because the facts set out in the petition for a juiy are not sufficient to maintain the same. (5) Because it appears by said report that the injury to the claimants’ properties upon Melon street, for which damages are awarded by the said report, is caused by the vacation of Ninth street between Green and Fairmount avenue, for which no damages can be recovered in this proceeding. (6) Because it appears by the said report that the damage to the claimants’ property arises from the deprivation of an outlet eastward by way of Ninth street to the general system of streets in the city of Philadelphia, and that this damage would have existed upon the vacation of Ninth street, though no portion of Melon street had been vacated. (7) Because none of the claimants in this proceeding can recover damages in any proceeding alleged to have been suffered, in consequence of the vacation of Ninth street. (8) Because it does not appear by the said report that the Philadelphia & Reading Terminal Railroad Company, against which the whole amount of damages awarded is assessed, is the owner of land benefited by the vacation of Melon street. (9) The court below erred in overruling the motion to quash the petition. (10) The court below erred in confirming the report of the viewers. (11) The court below erred in holding that the claimants were entitled to the sum of §9,750, awarded to them by the report of the viewers, as damages. (12) The oourt below erred in holding that the whole of the said sum of §9,750 was lawfully assessed and apportioned against the Philadelphia & Reading Terminal Railroad Company.
Thomas Hart, Jr., with him John G. Lamb, for Appellant.
The act of April 21, 1858, is repealed by the act May 8, 1889, P. L. 129, and May 16, 1891, P. L. 75; act of June 12, 1893, P. L. 439.
The language of the act of 1858 is peculiar and defective: See Chestnut Ave., 3 Phila. 265; Sower v. Phila., 35 Pa. 231. So far as the opening of streets is concerned the act of 1858 is repealed by the act of April 1, 1864, P. L. 206. This was expressly ruled in Norris’ App., 61 Pa. 424. In Howard St., 142 Pa. 601, the act was discussed and held not inoperative because there is no express provision for the appointment of a jury to assess damages for the vacation of a street. Howard St. arose out of the vacation of a street in 1888 before the passage of acts of 1889 and 1891. On the subject of the application of the general road law to Philadelphia: See Smedley v. Erwin, 51 Pa. 445, and Ridge Ave., 99 Pa. 469; as to cases of laying out and vacating: See Chestnut St., 8 Pa. C. C. 55; Sewer St. Case, 20 Phila. 867. The act of June 12, 1898, P. L. 459, was applied to change of grade, Orthodox St., 1 Dist. Rep. 37, and it is urged must be applied to all future cases of vacation of streets. The act of 1891 was held to be a general act in Hand v. Fellows, 148 Pa. 456; Park Avenue Sewers, 169 Pa. 433.
On the question of implied repeal appellant cited: Martz's Election, 110 Pa. 502; Ruan St., 132 Pa. 257, and Norris’ App., 61 Pa. 424.
As to the second assignment of error cited: Centre St., 115 Pa. 247; Howard St., 142 Pa. 601; Hove v. Rice, 142 Pa. 608. No consequential damages attach at common law for loss in vacating a street: Paul v. Carver, 24 Pa. 207, and compensation will not be due simply because the act complained of is done under an authority conferred by the statute: Hare’s Am. Const. Law, vol. 1, p. 417, citing Rigney v. Chicago, 102 Ill. 64; Chicago v. Bldg. Assn., 102 Ill. 380; McCarthy v. Board of Works, 43 L. J. C. P. 385. See also, our own Pennsylvania cases of R. R. v. Lippencott, 116 Pa. 472, and R. R. v. Marchant, 119 Pa. 541. That damage, of the kind alleged here, is not such special damage has been decided many times in cases arising from the obstruction in streets. It is indisputable that if Melon street were unlawfully obstructed by the exceptants upon the same lines as those of this vacation, an action for damages in consequence thereof could not be sustained: Black v. R. R., 58 Pa. 249; Cox v. R. R., 10 W. N. 552; Cox’s App., 11 W. N. 571; Buck Mountain Coal Co. v. Lehigh Coal & Iron Co., 50 Pa. 91; Sparhawk v. R. R. Co., 54 Pa. 401; Gold v. City, 115 Pa. 184; Dooner v. R. R., 142 Pa. 36; Hobson v. City, 155 Pa. 131; Jones v. R. R., 151 Pa. 30; Lawrence v. Phila., 154 Pa. 20; McGee’s App., 114 Pa. 470. Appellant also cited on this point a number of cases from other states which are considered in the opinion of Willard, J.
On the twelfth assignment appellant contended that it had not been made to appear that it owned land which is benefited, citing: Allegheny v. R. R., 138 Pa. 375; Morewood Ave., 159 Pa. 20; 54th St., 165 Pa. 8; Park Avenue Sewers, 169 Pa. 433.
William W. Porter, with him Frederich J. Geiger, Edward Shippen, George Q. Horwits, Edward Brooks, Jr. for claimants.
There can be no question that up until the year 1889 the court of quarter sessions of Philadelphia county had jurisdiction to appoint viewers to assess damages caused by the vacation of streets.
It was expressly decided in Howard Street, 142 Pa. 601 (1891), that the act of April 21, 1858, § 6, P. L. 386, taken in connection with the act of June 13, 1836, § 1, P. L. 555, gave the court of quarter sessions of Philadelphia county jurisdiction to appoint six viewers to assess damages caused by the vacation of streets.
It is however strongly contended by the appellant that this method of procedure for the ascertainment of damages occasioned by the vacation of streets in Philadelphia, established by the two acts of June 13, 1836, and April 21, 1858, has been superseded and repealed by the general act relating to municipal street improvements passed May 16, 1891, P. L. 75, and amended by the act of June 12, 1893, P. L. 459.
The ground of this contention is that while the act of 1891 contains no repealing clause whatsoever, its provisions are nevertheless so inconsistent with the provisions of the act of 1858 that the latter is repealed by implication.
. The answer to this contention is however that a general statute without negative words will not repeal a previous local statute, even though the provisions of one be totally inconsistent with the provisions of the other. See Morrison v. Fayette County, 127 Pa. 110.
Does the alleged prior vacation of Ninth street prevent the claimants from recovering in this proceeding? Amendments may be made on the argument in the Supreme Court: Shaffer v. Eichert, 132 Pa. 285; Trainor v. Railroad Co., 137 Pa. 148.
. In Mellor v. Philadelphia, 160 Pa. 614, where precisely the same state of facts arose with reference to a change of grade, the proceedings as in this case were for damages in respect to one street alone. Evidence was admitted which tended to prove that the damage was caused by the change of grade of two streets, upon a release of damages for the other street being filed by the plaintiffs.
All throughout the proceedings in this case the counsel for the petitioners have expressed a willingness to file a release of damages for the vacation of Ninth street so as to preclude the possibility of a double recovery, and it is submitted that it is in the power of your honorable court, if it shall seem proper, to affirm the decree of the lower court on condition that such a release 'be filed.
Is an owner whose property does not abut upon the vacated portion of a street entitled to compensation for damages resulting from such vacation ?
1. The claim of the appellees is not based upon a common law right, citing: Paul v. Carver, 24 Pa. 207; McGee’s App., 114 Pa. 470; Centre St., 115 Pa. 247; Howard St., 142 Pa. 601; Snyder v. Lancaster, 20 W. N. 184; Chestnut Ave., 68 Pa. 81; McClure’s App., 88 P. L. J. 127; Geiger v. Norristown, 6 Montg. 157; Mellor’s App., 160 Pa. 614.
2. The appellees have suffered such special damages as will entitle them to recovery.
The answer to this contention is that the use of a street by owners as a means of ingress or egress to their properties does differ in kind from the use by the general public in that the nature of this use of the street is closely allied to ownership of property. It will not be contended for a moment that this use is an incident to ownership, but merely that in its nature it is closely allied to the ownership of property, while the same use by the public is based entirely upon membership in a great municipality or-commonwealth.
This is a construction which has already received the sanction of judicial decision: Braken v. R. R., 29 Minn. 41; Fritz v. Hobson, L. R. 14 Ch. Div. 542, is also in accord with this view.
Is the omission of the jury of view to find specifically that the appellant is an owner of land benefited by the vacation, a fatal defect in their report ?
It is contended on behalf of the appellant that inasmuch as the report of the jury of view contains no specific finding that the appellant is the owner of land benefited by the vacation of Ninth and Melon streets, it is fatally defective.
The act of April 21, 1858, does not in terms require an express finding to this effect. It merely requires that the jury shall assess and apportion the damages “ among and against such owners of land as shall be benefited by such vacation.” The fact that the jury has assessed damages against the appellant is a finding by implication that it is the owner of land benefited by the vacation, and the act certainly requires no express finding on this point.
See also Centre Street, 115 Pa. 247.
December 18, 1895:
Opinion by
Willard, J.,
The first, tenth and twelfth assignments of error raise the question squarely, whether the proceedings in the court below were properly instituted under the provisions of the 6th section of the act of April 21, 1858.
The contention of the appellant is that the court of quarter sessions of the county of Philadelphia was without jurisdiction in the premises, and this involves the question whether the act of April 21, 1858, has been repealed or not. The appellant claims that by the provisions of the act of May 8, 1889, and of May 16, 1891, the act of April 21, 1858, was repealed. This leads us to a consideration, first, of the act of May 16, 1891. At the time this act was passed, extensive municipal improvements had been commenced and were in process of' construction in the city of Pittsburg, under the provisions of the act of J une 14, 1887. By a decision of the Supreme Court, that ac t was declared unconstitutional (Engel’s App., 27 W. N. C., 186), and the city of Pittsburg was powerless to collect assessments, for work completed, or to prosecute other contemplated municipal improvements. On May 16,1891, three acts of assembly were approved, one of them entitled “ An act to authorize the ascertainment, levy, assessment and collection of the costs and damages and. expenses of municipal improvements* including grading, paving, macadamizing, or otherwise improving of any street, lane or alley, or part thereof, completed or in. process of completion; and also, the costs, damages and expenses of the-construction of any sewer completed or now in process of comr. pletion, and authorizing the completion of any such improvement.” P. L. 1891, p. 71. The second act is entitled “ An act in relation to the laying out, opening, widening, straightening* extending or vacating streets and alleys, and. the' construction. . of bridges in the several municipalities of this- commonwealth.;, the grading, paving, macadamizing, or otherwise improving streets and alleys, providing for ascertaining the damages to private property resulting therefrom, the assessment of the damages, costs and expenses thereof upon the property benefited ; and the construction of sewers and payment of the damages, costs and expenses thereof, including damages to private property resulting therefrom.” P. L. 1891, p. 75. The third of these acts, P. L. 1891, p. 80, is an act repealing fifteen special or local acts relative to streets, alleys, bridges, sewers, etc., in the city of Pittsburg.
The second of these acts, as its title indicates, provided a code for every municipality in the commonwealth, relative to opening, widening, straightening, extending or vacating streets and alleys. It provides for the presentation of petitions by the proper parties, to the courts of common pleas of the proper county, and for the appointment of three freeholders as viewers. By the 9th section of said act, it is provided that municipal corporations shall have power to open, widen, straighten or extend streets or alleys, and to vacate the same upon petition of a majority in number and interest of owners of property abutting on the line of the proposed improvement. In connec tion with the other two acts above cited, approved at the same time, it is evident that these acts were passed for the relief of the city of Pittsburg, in view of the unconstitutional legislation under which municipal improvements had been made and which, .at the time of the passage of these acts were stayed for want of appropriate and adequate legislative authority. The act of May 16, 1891, P. L. 71, was passed to remedy and provide for the mischief done under the provisions of the act of June 14, 1887, declared unconstitutional. The act of May 16, 1891, P. L. 80, repeals certain acts and parts of acts concerning streets and sewers in the city, of Pittsburg. These acts and parts of .acts, as above stated, were fifteen in number and were applicable to the city of Pittsburg. It was thus clearly indicated by the legislature that no special or local act was intended to be repealed by the act of May 16, 1891, P. L., 75, except the acts and parts of acts mentioned in the repealing act above cited. Said act contains no repealing clause. The act approved May 8, 1889, P. L., 129, entitled “ An act fixing the number of road and bridge viewers,” whether intended to apply to country or city, contains this express exception, “ This act shall not apply to counties having local acts inconsistent herewith.”
If the act of April 21,1858, is a special or local act, then the act of May 16, 1891, above cited, did not repeal its provisions, as a general statute without negative words will not repeal a previous local statute, even though the provisions of both are inconsistent with each other.
The question then, of jurisdiction hinges upon whether the act of April 21, 1858, is a special or local act. That act is entitled “ A further supplement to the act incorporating the city of Philadelphia.” The 6th section of the act pertains to the question we are considering, and is here inserted. “ Section 6. That it shall be the duty of juries selected to assess damages for the opening, widening or vacating roads or streets within the said city to ascertain and report to the court: First, what damages the parties claiming the same are entitled to; and second, to assess and apportion the same among and against such owners of land as shall be benefited by such opening, widening or vacating any such road or street; and when such report shall be affirmed by the court, upon notice to all such parties and- the damages paid or secured by the parties among and against whom it shall be so assessed and apportioned, the chief commissioner of highways shall proceed to open, widen or vacate such road or street accordingly: Provided, however, that it shall be lawful for councils when in their judgment the public interests shall require it, to provide for the payment of such damages out of the city treasury; and further provided, that two-thirds of the members of each branch of councils present, at the passage of such ordinance, consent thereto, and the yeas and nays on the passage thereof, shall be entered on the journals.” That this section applies only to the city of Philadelphia, is too plain for argument. The act of April 1, 1864, P. L. 206, entitled “ An act relating to the opening of streets and payment of damages therefor in the city of Philadelphia,” while it "provides a new method of assessing damages for the opening of streets, in no way modifies or repéals that part of the act of April 21, 1858, as to vacation. As to the mode of appointing viewers under the act of June 13, 1836, P. L. 566, the 76th, 77th, 78th, 79th, 80th and 81st sections of said act, provide a peculiar method of selecting viewers in the city of Philadelphia. By the provisions of the act of March 16, 1866, P. L., 224, the above-quoted sections were expressly repealed, together with the proviso to the first section of said act, and in lieu thereof, it was enacted as follows: “ And hereafter, in all cases relating to the opening of streets upon the plans of the city of Philadelphia, and of view, review and assessment of damages, for and in relation to roads, bridges or property, otherwise taken for public use, the persons appointed to view, review and assess damages shall be appointed by the court of quarter sessions of the county of Philadelphia, in the same manner, with the same qualifications, and to have the like powers, and perform the like duties, as is provided by the general laws of this commonwealth.” The 6th section of the act of April 21, 1858, in connection with the act of March 16, 1866, provided a system for the vacation of streets, peculiar to the city of Philadelphia; a system perfect in its operation, local in its application, and as such has been resorted to from the date of its passage in all proceedings for the vacation- of streets in the city for which it was intended. That the 6th section of the. act of 1858 was in full force and operation before the passage of the acts of 1889 and 1891 -above referred to, was fully settled by Mr. Justice Mitchell, in In re Howard Street, 142 Pa. 601. As it is perfectly clear that the act of 1858 is a local and special act, so far as it provides for the assessment of damages and benefits in the vacation of streets and proceedings for that purpose, the act is not repealed and the court of quarter sessions of Philadelphia had full jurisdiction of the proceedings in that court. Therefore it follows that the 1st, 10th and 12th assignments of error must be overruled.
The 2d, 3d, 4th, 9th and 11th assignments of error, raise the principal question in this case. The appellant’s case is founded upon exceptions to the report of the jury of view. The first exception filed in the court below is as follows:
1. “ Because it appears by the said report that none of the claimants to whom damages are awarded by the said report is the owner of property abutting upon the portion of Melon street vacated.”
This exception goes to the very root of the controversy. The -first duty imposed upon the jury of view by the act of assembly under the provisions of which they were acting, was, “To ascertain and report to the court, first, what damages the parties claiming the same are entitled to.”
Our first duty in considering this question is to inquire whether the parties claiming are entitled to any damage. On a careful examination of the record, we find, that Melon street from the west side of Ninth street to Ridge avenue, had been for many years (prior to its partial vacation) a public highway and street. That the councils of Philadelphia, by ordinance duly approved on July 14, 1891, revised that portion of the city plan of streets comprised between Ninth, Tenth and Wallace streets and Fairmount avenue, in the Thirteenth ward of the city of Philadelphia, by striking therefrom, that portion of Melon street lying between the west line of Ninth street and a point one hundred and thirty-two (182) feet one and one half (lg) inches west thereof, on the south side of Melon street, and a point one hundred and twenty-two (122) feet, six and three quarters (6-|) inches west of Ninth street on the north side of Melon street. It further appears that the properties of all the parties to whom damages were awarded, did not abut on the part of Melon street vacated, but commenced at the point of vacation, extending westward toward Tenth street, from No. 912 to 924 on the south side of Melon street, and from 913 to 925 on the north side of said street. Numbers 912 and 913 being nearest to the vacated portion, and Nos. 924 and 925 most distant therefrom. It further appears, from the viewers’ report, that before the vacation complained of, Melon street was an open, public highway from Ridge avenue to the west side of Ninth street between Fairmount avenue and Green street, in the city of Philadelphia. It further appears, from the revised plan referred to in the petition and report of viewers thereon, that the properties Nos. 912 and 913, measuring from the center of each property, are one hundred and forty-one (141) feet from Ninth street, and two hundred and fifty (250) feet from Tenth street; that the properties Nos. 924 and 925, from the centers thereof, are two hundred and forty (240) feet from Ninth street, and one hundred and fifty-one (151) feet from Tenth street; that the properties Nos. 918 and 919, measuring from the centers thereof, are one hundred and ninety-two (192) feet from Ninth street, and one hundred and ninety-nine (199) feet from Tenth street. It' further appears, from said revised plan, that Melon street is about forty-nine feet in width, including sidewalks, and from curb to curb it is about twenty-five feet in width. It further appears in the language of the report of the jury of view, “ That the damage to the claimants’ properties upon Melon street, is caused by the closing up of Ninth street and Melon street in manner aforesaid, thus depriving them of an outlet eastward by way of Ninth street to the general system of streets in the city of Philadelphia. Their outlet to the westward is not in any way impaired.” From these facts, disclosed by the record, we have this proposition. Are the owners of thirteen lots abutting on the portion of Melon street not vacated, situated about equi-distant between Ninth and Tenth streets, entitled to damages by reason of the vacation of Ninth and Melon streets, thus depriving them of an outlet eastward to the general system of streets, while their outlet westward to and through Tenth street to the same general system of streets, is unimpaired?
. In discussing this proposition, in order to sustain the contention and claim of the appellee, it must clearly appear that these thirteen owners of properties on Melon street have sustained injury distinct from that of the public in general. It is for the court to instruct the jury as matter of law what constitutes special injury, and the jury to find the amount thereof. In this case, under these facts, can it be said as matter of law that the properties Nos. 924 and 925 have been specially injured, and Nos. 926 and 927 on the same street have not? No such rule can be established and no attempt to establish such a rule has ever been successfully made. Properties abutting on the vacated portion of a street are specially injured because access to such properties is essential to the enjoyment thereof, and is so coupled with the properties as to be a part thereof. So when the vacation of part of a street actually destroys or renders impracticable, access to properties on the same street, but not abutting on the vacated portion, there is a special injury on the same principle. By adhering to this rule, it is easy to declare what constitutes special injury. By departing from it, how can juries be instructed where special injury begins and ends ? The language of the act of 1858 is as broad as the provisions of the 8th section of Art. XVI. of the Constitution, and the decisions of our Supreme Court, in construing the constitutional provision, can be safely resorted to in deciding the question of injury in this case. In Penna. R. R. Co. v. Lippincott, 116 Pa., 472, where the erection of the company’s elevated tracks on the opposite side of the street did not in any way prevent free access to the plaintiff’s property, it was held that there was no such injury thereto as would entitle him to recover. In County of Chester v. Brower, 117 Pa. 647, where the county had erected a bridge over a creek in the borough of Phoenix-ville, and in the construction of abutments or approaches to the bridge, had built a wing-wall in front of the plaintiff’s house and only seven feet distant therefrom, thereby seriously interfering with his access thereto and his reasonable use and enjoyment of the same, it was held that the plaintiff was entitled to recover. In Penna. R. R. Co. v. Marchant, 119 Pa. 541, the facts were that the elevated railroad of the Pennsylvania Railroad Company was built on the south side of Filbert street, and in its construction, in no way prevented free access to the plaintiff’s property. Chief Justice Paxson distinguished the case from Railroad Co. v. Duncan, where access to the property was destroyed. In Gold v. City, 115 Pa. 184, where the city authorities left the street in front of plaintiff’s property in such bad condition as to be almost impassable, and all persons who could do so, avoided it, whereby plaintiff’s business as an innkeeper was greatly reduced, because of the fact that her ingress and egress from the property was not prevented, she was held not to have suffered such a special injury as to entitle her to maintain her action. The court said in affirming the court below, “ The learned referee ruled this case upon the familiar and well-settled principle that one who is injured by a public nuisance, either in his person or in his property, cannot have his remedy by action unless he can show a damage which is peculiar to himself, and different in kind and degree from, and beyond that which is sustained by the general public.” In Dooner v. Penna. R. R., 142 Pa. 86, among other facts agreed upon was the following : “ That the premises of the plaintiff consist of a lot of ground and a three-story brick messuage thereon erected, situate on the north side of Filbert street at a distance of thirty-four feet east of Nineteenth street, containing in front on Filbert street, sixteen feet, and extending in depth one hundred and seventeen feet to Cuthbert street. The said Filbert street is fifty-one feet wide and the entire width thereof intervenes between the plaintiff’s premises and the defendant’s road at the point where the elevated railroad passes in front of the plaintiff's premises.” It was held that the plaintiff could not recover, and that the case was governed by Railroad Co. v. Lippincott.
In Pennsylvania Schuylkill Valley R. R. Co. v. Walsh et al., 124 Pa. 544, and R. R. v. Ziemer, 124 Pa. 560, the plaintiffs were awarded damages on the ground that access to their properties was cut off, and in his opinion Chief Justice Paxson in the former case, says: “ The track was laid close to the curbstone on the side of the street near to the plaintiff’s property, by means of which the access thereto, if not actually cut off, was rendered dangerous.”
In McGee’s Appeal, 114 Pa. 470, the city of Pittsburg, under legislative authority, vacated a portion of Washington street and allowed the Pennsylvania Railroad Company to_ occupy the same. McGee owned property abutting on Washington street beyond the vacated portion, and applied for an injunction to restrain the city and railroad company from vacating the street. The injunction was dissolved on the ground that “ public streets and highways belong to the commonwealth, and when the government sees fit to vacate them, the consequential loss, if there be any, must be borne by those who suffer it.”
The cases from other states cited by appellants’ counsel, in their exhaustive and able argument, are strikingly in point.
Smith v. Boston, 7 Cushing, 254, was a petition for assessment of damages alleged to have been done to the plaintiff in his property by the discontinuance of a portion of Market street, in the city of Boston, by the order of the mayor and aldermen.
The discontinuance complained of was all that part of Market street covered by the Boston & Maine Extension Railroad, the proprietors of which had been permitted by their charter to extend their road through part of the city. The petitioner owned several lots on or near Market street, and offered to prove that the value of each had been lessened,' and the rent of one or more of them diminished, but it appeared that no one of the parcels bounded on that part of the street which had been discontinued, and that all were accessible by other public streets. The presiding judge ruled that the petitioner was not by law entitled to prove and recover any damages, because neither of his estates abutted on that part of Market street which was discontinued, and by his direction, a verdict was entered for the respondents. Upon exception to this ruling, the case was heard in the Supreme Court.
The Massachusetts Revised Statutes, chap. 24, sec. 11, provides for payment, if any damage shall be sustained by any person in their property by the laying out, altering or discontinuing of any highway.
Smith, Chief Justice, in overruling the exceptions, said: “ He (plaintiff) may feel the inconvenience (from shutting up of the street) more in consequence of the proximity of his lots an.d buildings, still it is a damage of like kind and not in its nature peculiar or specific. Though a man who lives near an obstruction in a highway, and has occasion to pass it daily, suffers a damage altogether greater than one who lives at a distance, he can have no private action, because in its nature it is common and public. The damage complained of in this case, though it may be greater in degree in consequence of the proximity of the petitioner’s estate, does not differ in kind from that of the other members of the community who would have occasion, more or less frequently, to pass over the discontinued highway;
The petitioner has free access to all his lots. The burden ohis complaint, therefore, is that in going to some of his houses in some directions, he may be obliged to go farther than he otherwise would. So must the inhabitants of the south end of the city or the citizens of other towns, with their teams or carriages, who have a right to use the discontinued highway.” To the same effect is Davis v. The Com’rs, 153 Mass. 218; Hammond v. Com’rs, 154 Mass. 509; Stanwood v. City of Malden, 157 Mass. 17.
In City of Chicago v. Building Ass’n, 102 Ill., 379, it was proposed to vacate a street, and a property-owner three and one half blocks away, filed a bill to prevent it, alleging that it would thereby suffer great damage to its property. The Supreme Court reversed the decree of the lower court, granting the prayer of the bill on the ground that no special or peculiar injury was shown, since it could not be reasonably claimed that the closing of the street in any degree interfered with access to its lot, or its use and enjoyment. Though this property had been specially assessed as benefited by the opening of the portion of the street now to be vacated, it was held that this gave it no special property in that part of the street.
In Kimball v. Com’r, 74 Mich. 699, petition for certiorari to review action of commissioner discontinuing Centre street from Hall street to Home street, plaintiff claimed to own land on the south side of Home street and east side .of Centre street. Notice of proceedings was given only to landowners on that portion of street discontinued. The Michigan statute,- which allowed highways or parts of highways to be discontinued, required notice to be given to owners and occupants of land through or adjoining which it was proposed to discontinue and also that the commissioner should view the premises, determine the necessity of discontinuing the highway, and appraise the damage on account thereof, if any is claimed. It was held that the meaning of this was to confine the adjacency to the part discontinued, and that the only persons who can complain must be such as are directly'affected in their convenience of access to their property, and who are liable to lose their immediate means of communication, and that plaintiff, who had another mode of access to his property, had no interest in the proceeding.
In Shaubut v. Railroad Co., 21 Minn., 502, plaintiff was an owner of land upon a street, another part of which was unlawfully obstructed by the defendant. Held, that the injury suffered by plaintiff in consequence of the obstruction was an injury in common with the public at Targe, the only difference in the injury suffered by him and that suffered by the public being a difference in degree, not in kind. The court said: “ What might be the plaintiff’s rights if the obstructions had the effect to cut off the access to his land, we need not inquire, since both diagram and the testimony show he has that access through other streets without the necessity of passing over the obstructed portion of the street.”
In Brakken v. Railroad, 29 Minn. 41, where the question of obstructing access arose, the court held that the owner of land abutting on a public street has, as such, a special interest in the street, different from that of the general public, as to entitle him to maintain a private suit for damages against the party who wrongfully obstructs the street in front of or near his property so as practically to cut off public access to it.
In re Centre Street, 115 Pa. 247, does not sustain the right of property owners on the same street not abutting on the part vacated to recover special damages. By an examination of the case in the court below, reported in 17 W. N. C. 309, it appears that the plaintiff’s property abutted on Centre street.
In re Howard Street, 142 Pa. 601, decides that the act of 1858 is constitutional, and was in full operation in the city of Philadelphia on January 25, 1889, and does not touch the question under consideration.
It is claimed by the appellees that Mellor’s Executor et al., v. City of Philadelphia, 160 Pa. 614, rules this case, and fully sustains the court below on the question of injury and damage. To this proposition the writer of this opinion, and the majority of this court do not assent. The facts in Mellor v. Philadelphia as stated by the Reporter are as follows: “At the trial it appeared that the sixteen plaintiffs owned houses and lots on Trenton avenue, a narrow street running east and west along the Pennsylvania Railroad in Frankford. Ten of the properties were between Orthodox and Margaret streets. Six of the properties were on the west of Orthodox street. The first group of ten properties had ingress and egress by Trenton avenue to enter Orthodox or Margaret street. The second group of six properties had ingress and egress by Trenton avenue to Orthodox street or Oxford street, which was eight hundred and fifty feet farther west. Councils of the city of Philadelphia, deeming it advisable to do away with grade-crossings, passed an ordinance to lower the grade of Orthodox and Margaret streets, and thus carrying them under the railroad. In carrying out this work, the streets were depressed about fifteen (15) feet, cutting off access by vehicles to and from the first group of ten properties, and also cutting off access by way of Orthodox street to the second group of six houses.” In his charge, speaking of the western group of six properties,. Judge Thayer said: “If - you find that the cutting down of Orthodox street has materially impaired the facilities which the owners of these properties had before, getting into and out of their properties; that Oxford cannot afford them the facilities-which they had before because the road between Oxford street,, in front of these houses, and Orthodox street is so narrow that wagons and carts cannot conveniently enter and turn round; if you find that the property has been materially damaged by that, and that they have but one way of egress from their, properties which is in itself a defective way, putting them to great-inconvenience and affecting the value of the property, then I charge you that such an injury is within the protection of the constitution, and you should find for the plaintiffs for whatever damages the properties have actually sustained in consequence of the altered grade.”
Ünder the facts thus stated and found, the jury assessed damages in favor of the owners of both groups of properties, on the principle that where access to properties is practically destroyed, a special injury results, though the property does not abut on the street or part of street vacated or changed.
In the case last above cited, two streets running at right angles to Trenton street were so changed in grade by depression as to render Trenton avenue impossible of access between the two streets, and on account of the narrowness of Trenton street on the city plan, it being so narrow between Orthodox and Oxford streets that wagons and carts could not conveniently enter and turn round, there was no difference in the degree of injury, and under the peculiar facts of the case, both groups of properties received special injury by- being deprived of the means of egress and ingress.
In this case, no such facts exist. That the properties in question on Melon street were deprived of their outlet eastward, is undisputed. It is equally undisputed that Melon street, before the vacation, was an open, public highway from Ridge avenue to the westerly side of Ninth street; that' it was forty-nine feet wide, including sidewalks, and twenty-five feet wide from curb to curb. And it is also undisputed that their outlet westward was not -in any way impaired. The western half of the properties were some of them as near Tenth street as Ninth street, and the extreme easterly property was only about one hundred feet nearer Ninth than Tenth street. The most that can be said is that these property owners were inconvenienced in being deprived of an additional outlet, but under the facts in this case, they suffered no special injury which the general public did not suffer 'in common with them, and they are, therefore, not entitled to damages.
The distinction between the case of Mellor’s Executor et al. v. Philadelphia, supra, and the case under consideration, is obvious. In the former case, the municipal authorities, when they depressed the grade of Orthodox street, knew from the plan of streets in the vicinity that Trenton street was so narrow between Orthodox and Oxford streets that access by way of Oxford street was practically destroyed, and that a special injury to every property between these streets must result. This element of damage pervaded the case and was fairly submitted to the jury, at the trial, and the judgment was affirmed. In the case under consideration, the appellees were inconvenienced, and the facts clearly show that their access to the plan of general streets by way of Tenth street, is open, ample, unobstructed and unimpaired, and from the facts thus established, it follows that the appellees have sustained no special injury. In the former case, a cul de sac resulted that could not be used. In the case under consideration, a cul de sac also resulted, but no owner of property abutting thereon is deprived of free access to his property.
In Lawrence v. Philadelphia, 154 Pa. 20, we have the proposition of the owner of thirteen adjoining houses and lots, four of which fronted on Second street in the city of Philadelphia, four adjoining on Venango street, and five others adjoining on Cooper street. Second street crossed Venango street and Cooper street at right angles. The grade of Second street was raised nine feet, and this change of grade cut off access to the properties on Venango and Cooper streets, absolutely, by way of Second street. Under the facts thus stated, the court held that the plaintiff could recover damages to his property fronting on Second street, caused by the change of its grade, but could not recover as to his properties on Venango and Cooper streets. In the report of that case, the facts do not fully appear, but the plaintiff could have been denied the right to damages to his property on Venango and Cooper streets only, on the ground that he had free access thereto through other streets connecting with the general system of streets in the city of Philadelphia. Thus explained, this case fully supports the appellant’s position.
It is urged by the appellees that because the jury of view gave special damages to each of the thirteen property owners, it therefore follows by implication that their finding was based upon some facts warranting the giving of such damages. But such implication is rebutted and must fall in connection with the undisputed facts which the record discloses, to wit, that before the vacation, Melon street was an open, public highway, nearly fifty feet wide, and the outlet through this open highway to Tenth street was not in any way impaired by the vacation. Under this view of the case, it follows that the second, third, fourth, ninth and eleventh assignments of error must be sustained.
The fifth, sixth and seventh assignments of error are overruled. While the jury of view, under the terms of the petition filed in the court below, had no right to ascertain and report any damage caused by the vacation of Ninth street, yet, having done so, in connection with the damage caused by the vacation of Melon street, if we were to affirm the court below this court could order the filing of a proper and sufficient release on the part of the appellees as to all damage caused by the vacation of Ninth street so as to thoroughly protect the rights of the appellant.
In considering the eighth and twelfth assignments of error, we must first notice the character of the question submitted to the jury of view on the subject of benefits. By the provisions of the act of 1858, we have seen that the first duty of the jury of view was to ascertain and report to the court what damages the parties claiming were entitled to; and second, to assess and apportion the same among and against such owners of land as shall be benefited by such opening, widening or vacating any such road or street.”
This statutory provision, if followed, was a sure guide to the jury of view in assessing, apportioning and reporting benefits. They were commanded to ascertain the owners of land benefited and report the same to the court; like any other statutory submission, their award must be in conformity with the statutory requirements, and if it fails in that respect, it cannot be sustained. In their report, the jury found that all the land abutting on both sides of the portion of Melon street vacated, belonged to the Philadelphia and Reading Railroad Company. The jury further found “ that in the construction of the Philadelphia & Reading Terminal Railroad and its necessary works, that company had entered upon and occupied a portion of Ninth street so stricken from the city plan, and also that portion of Melon street which has been stricken from the city plan, as aforesaid.” And further, “ that the Philadelphia & Reading Terminal Railroad Company is specially benefited to an amount not less than $9,750.”
Nowhere in the viewers’ report does it appear that the Philadelphia & Reading Terminal Railroad Company was the owner of any land benefited at the time the report was made and filed. If that company was not the owner of land benefited, it was not liable to assessment for benefits; if it was, then it was the imperative duty of the jury to affirmatively find and report that fact to the court. Such is the command of the statute.
In Reitenbaugh v. Chester Valley R. R. Co., 21 Pa. 105, Mr. Justice Woodward says: “But to enable the court to determine in either case whether the viewers have confined their assessment of damages to the subject-matter provided for in the general law, or in special acts of incorporation, it is apparent the report should exhibit the grounds of the assessment.”
In this case, the jury have reported that the Philadelphia & Reading Terminal Railroad Company is benefited, but they did not find another equally important fact prescribed by the statute, to wit, that the said company was the owner of land benefited. We are asked by the appellees to find the necessary ownership of land in the Reading Terminal Railroad Company from the viewers’ report, by implication ; if we do, the implication must be a necessary implication. Does it follow of necessity that because the appellant was in actual occupancy of a portion of Melon street vacated, it was therefore the owner of land as contemplated by the statutory provision? Whether the company is there in possession of the vacated street for one year or one hundred years, whether as lessee or licensee, does npt appear. From the fact of occupancy, ownership does not follow by necessary implication.
It is also urged that from the fact that the jury found that the appellant was benefited in the sum of at least $9,750, therefore, by implication it follows from the finding of that fact that the company must have been the owner of land, or the jury would not have found it was benefited. Such a proposition answers itself, for the fact that the jury found the appellant benefited, in no way implies its ownership of land.
In Centre Street, 115 Pa. 247, the report of the jury stated that in consequence of the vacation of the street, the petitioners had received special damage, and that the land owned by the Pennsylvania & Schuylkill Valley Railroad Company in the locality of said portion of said street, had received special benefit from said vacation. This was held a sufficient description of property and ownership, and warranted the jury in assessing the benefits against the company. That case, however, is not an authority sustaining the position of the appellees; in fact, it is to the contrary. The assessment and apportionment of benefits not appearing to be against the owner of land in the report of viewers filed in the court below, said report therefore, cannot be sustained. The eighth and twelfth assignments of error are sustained.
The judgment is reversed and the report of the jury of view set aside, at the cost of the appellees.
Opinion by
Rice, P. J.,
dissenting, December 20, 1895:
The appellant’s counsel contend that there cannot be any recovery by the claimants, because none of them was the owner of property within that part of Melon street which was vacated. They do not claim that they were not damaged—and in the face of the report of viewers, unappealed from, cannot do so— but do contend that there must be not only damage, but injury in the legal sense must exist.
To this latter proposition, I give my unqualified assent, but I am not prepared to concede that the loss which the claimants have sustained in consequence of the closing up of Ninth street and the eastern end of Melon street, is damnum absque injuria.
The right to compensation for loss sustained by a property owner in consequence of the vacation of a street is, in Pennsylvania, purely statutory. It was clearly decided in Paul v. Carver, 24 Pa. 207, that the legislature has power to vacate streets and highways which, in its judgment or that of the municipal authorities to whom the power is delegated, are useless, inconvenient or burdensome, and this without providing compensation to the owners of land incidentally injured.
Judge Black said,: “ Surrendering the right of way over a public road to the owners of the soil is not taking private property for public use, and the proprietors of other lands incidentally injured by the discontinuance of the road are not entitled to compensation.”
This doctrine was in harmony with the ruling in O’Connor v. Pittsburg, 18 Pa. 189, that “the constitutional provision for the case of private property taken for public use, extends not to the case of property injured or destroyed; but,” added Chief Justice Gibson, “it follows not that the omission may not be supplied by ordinary legislation.”
The injustice which constantly resulted from the ruling in this case—an injustice which Chief Justice Gibson thought so great that it ought to be remedied by appropriate legislation was to some extent provided against by section 10, art. I, and section 8, art. XVI, of the constitution of 1874; but it has been held, for reasons which in no way affect the present case, 'that an injury caused by the vacation of a street is- not within these constitutional provisions. No private property is “taken or applied to public use ” within the meaning of the section first referred to, or “ taken, injured or destroyed by the construction or enlargement of their works, highways or improvements,” within the meaning of the section last mentioned: McGee’s Appeal, 114 Pa. 470.
But it is too plain for argument, that a property owner may suffer injury in consequence of the vacation of a street, not only different in degree, but different in kind, from that suffered by the general public. It is the same kind of an injury which he suffers from a change of grade; and, upon the same principles of justice and equity which were recognized in O’Connor v. Pittsburg, and which led to the adoption of the constitutional provisions above referred to, the state, although as the sovereign having power to inflict it without compensating him, may give such compensation, and provide for its payment by the state, or the municipality, or its apportionment amongst the persons or properties benefited. This was expressly decided in the construction of the very act under which the present proceedings were had: In re Centre Street, 115 Pa. 247.
“ That the commonwealth was under no constitutional obligation to pay for the damage caused by vacating a street was decided in Paul v. Carver, 24 Pa. 207, and is so held under the present constitution: McGee’s Appeal, 114 Pa. 470. But it has never been held, nor, so far as I am aware, seriously contended, that the legislature might not put such obligation upon the commonwealth or its agents by statute. The principie of compensation was extended by the present constitution so as to include in certain cases, not only property taken, but property injured. This provision might have been, and, to some extent was, in fact, anticipated by statutes providing for such compensation by assessments in the nature of special and local taxation:” Howard Street, 142 Pa. 601; Hare v. Rice, 142 Pa. 608: Mitchell, J.
The legislature, in the exercise of its undoubted power, having guaranteed compensation for injury caused to private property by the vacation of a street, the question arises whether the right is limited to properties abutting on the portion of the street vacated. No one could, or does, contend that an unqualified affirmative answer to this question would be justified upon any principle. If, for illustration, Ninth and Tenth streets had been vacated, we think no one would say that the properties of the claimants abutting on that portion of Melon street lying between the two streets vacated would not suffer injury in a legal sense, or that the legislature did not intend to give compensation for the kind of injury which those properties would sustain. Undoubtedly, the legislature might refuse compensation in such a case, but has not done so.
But it is said that, in the case supposed, access to the property of the claimants would be wholly destroyed, while in the case in hand access by way of Ninth street only is taken away. But why should the statute be construed to give a right to compensation in the one case, and not in the other? What authority is there for saying that a claimant must show that he has been wholly deprived of access to his property, in order to entitle him to recover damages ? Take the case in hand—the claimants may still go to and from all parts of the city by way of Tenth street, but are now compelled to go further to reach points to the eastward. This is an inconvenience, and, by the diversion of travel, may cause a depreciation in the value of their property; but it is generally held to be the same kind of inconvenience as that which all the inhabitants of the city, traveling that way, must suffer. It is an interference with the right of passage over the street which was before enjoyed, and is not of itself a legal wrong for which a private suit at common law could have been sustained.
It may be conceded that it is not an injury for which the claimants would be entitled to recover damages under the statute ; but, in addition to the right of passage which they enjoyed in common with the general public, was their right or interest ih the street as a mode of access to their properties, and there may result, from a destruction or impairment of access, a special injury which would not be sustained by the other members of the general public. It would seem to be manifest that the conversion of an open highway connecting with another street into a cul de sac would, as to the properties thus deprived of one mode of ingress and egress, be evidence of a special injury, possibly differing in degree, but not in kind, from that resulting from closing up both ends of the street.
A variety of special circumstances—the width of the street upon which the properties abut, the grade, the kind of traffic, the distance—would enter into the determination of the amount of damages sustained. In some cases, they might be . very trifling; but cases may very readily be imagined where they would be very serious; and I am not prepared to say that the mere fact that the properties do not abut on the portion of the street vacated would be conclusive upon the legal question—whether such an act would be an injury.
The learned counsel for the appellant frankly concede that the question is a new one in Pennsylvania. Therefore, we are not prevented by any authoritative precedents from giving that interpretation to the statute which will carry out the manifest intention of the legislature to remedy an injustice, which Paul v. Carver showed was possible under the law as it stood before.
I agree that some well-defined principle ought to control the assessment of damages; but there is a difficulty in laying down a general rule applicable to all cases, and the rule contended for seems to derive its chief support from the supposed inconveniences that would result, if it is not adopted.
This argument is not without force, but it seems to me that it is given too much weight. It is said if the rule contended for is.not established, where will be the limit to claims for damages ? Questions like this can be addressed with much more force to the legislature than to the courts; but, after all, the difficulties which would arise from a more liberal interpretation of the statute are more imaginary than real; they are not greater than those which might have been, and indeed were, anticipated from the introduction into the fundamental law of the principle of compensation for the injury and destruction, as well as the taking, of private property in the exercise of the right of eminent domain. It is not to be supposed that the legislature were ignorant of the difficulties which are now urged upon our consideration, but they were not of sufficient gravity to deter them from enacting a law broad enough in its terms to secure compensation to these claimants, if, in fact, they have suffered substantial injury of a special nature. It is as broad as the constitutional provision; the injury is of the same kind as that caused by a change of grade; there is no reason for a stricter rule in one case than in the other, and there is no authoritative decision which requires us to make a distinction.
If I am correct in this, then the language of Chief Justice Stereett, in Mellor, Ex’r, v. Phila., 160 Pa. 614, construing the constitutional provision and applying it to a case of damages, caused by a change of grade, might appropriately have been written for this case. “ Defendant’s contention was that this provisión is inapplicable to any of the cases under consideration, because neither of the properties fronts or abuts on either of the streets, the grade of which was changed. This would, indeed, be a very narrow and unreasonable construction of the words above quoted, especially in view of the history and object of the constitutional provision. . . . There is nothing in the phraseology of the section that can be even tortured into a limitation of its provisions to property fronting or abutting on the particular work, highway or improvement, by the construction or enlargement of which said property was injured or destroyed. The section in question cannot be thus narrowly construed without reading into it words which are not in it, and were never intended to be there.”
The case is like this in so many parts that it seems to me that it might be regarded as ruling it. There, access to the properties by way of Orthodox street was destroyed by lowering the grade of the latter street, but Trenton avenue, upon which the properties abutted, and Oxford street which it intersected, remained as before. Here, access to the properties by way of Ninth street was destroyed by the vacation of that street and the eastern end of Melon street; but the portion of the latter street on which these properties abut, and Tenth street, which it intersects, are unchanged. The outlet in that direction remains as before. In neither case was access to the properties wholly destroyed, but in both cases, the conversion of the highway in front of them into a blind street was evidence of an impairment of access to the properties which might be proper to submit to a jury, under appropriate instructions of the kind given in the cited case.
Whether the injury was as great in this case as in that, it is impossible to say without having a knowledge of all the facts, which would have been brought before the court if an appeal had been taken, as was done in the case cited, but cannot come before the court on exceptions to the report. It is true, we have the undisputed facts—that the properties do not abut on the part of the street vacated; that the street is nearly 50 feet wide, and that the outlet to the westward is the same as before. If these facts are sufficient in law to base a conclusion that the claimants have not sustained an injury which would entitle them to recover the damages allowed by the viewers; if, in other words, we can say, as a matter, of law, that access to their properties has not been impaired, then the report ought to have been set aside. But this is what we must declare if we sustain the appellant’s second, third, fourth, ninth and eleventh assignments of error, and I do not think we can do so and at the same time harmonize our decision with the just principle upon which a recovery was allowed in Mellor v. Philadelphia..
It is argued that an affirmance of the judgment of the quarter sessions in this case will be in the face of every authority upon the question. I have endeavored to show that such a ruling would be in entire harmony with the principle enunciated in Mellor v. Philadelphia, and, if time and space permitted, I think that it could be shown that it is not in conflict with the great weight of authority. It is true, some of the cases do lay down the rule that, where a part of a street is vacated, those whose property does not abut upon the vacated portion, and who have access to their property by the remaining portion of the street, cannot complain.
In some of the states, especially in Massachusetts, this rule has been adhered to with great strictness, but even there the principle was thus explained in one of the latest cases: “ It is not enough to show that the shop has suffered by the diversion of travel, or that the owner finds travel less convenient at a distance from his place, if the access to the system of streets remains substantially unimpaired: ” Stanwood v. Malden, 157 Mass. 17. In that case the court said that the means of access were ample, and in the leading ease in that state, Smith v. Boston, 7 Cush. 254, the court said: “ The petitioner has free access to all his lots by public streets.”
Are we prepared to declare in this case that access to the claimants’ properties has not been impaired? Can the court say to these claimants “ one opening to your properties is sufficient for your purposes, therefore no legal injury has been done to you by closing the other?” Could we say that, if their properties fronted on two parallel streets, or were on the corner of two streets, one of which was vacated? Is it not more in accord with sound principle to say that their right of access was not limited by the frontage of their properties, but extended to the two intersecting streets, and that it is for the jury to say whether, under all the circumstances, the claimants have suffered substantial damages in consequence of the closing of one mode of access ?
A learned text writer,'after reviewing the authorities, says : “ It has been held that the vacation and closing of one street afforded no ground of complaint when access remained by other streets, but we should doubt this proposition as universally applicable: ” Lewis on Eminent Domain, § 184.
Another writer says: “But the more liberal opinion is that the fact that access may be had from another direction, is not conclusive evidence that there is no legal injury to property: ” Randolph on Eminent Domain, § 411.
He cites Gargan v. Louisville R. R. Co., 89 Ky. 211, as deciding that “if a convenient way be cut off, leaving only a decidedly inconvenient one, the abutting owner may have compensation.”
If we leave out of consideration the cases which are based wholly on a construction of constitutional provisions, like ours, and cases where the statutes under consideration were held not to contemplate the recovery of consequential damages, it will be found that the cases in which it has been held that the rigid rule, as stated by the appellant, applies, where the street was converted into a cul de sac, are very few, although I do not say that there is none.
In Chicago v. Union Building Ass’n, 102 Ill. 380, the part of the street to be vacated was three and one half blocks, one third of a mile distant, and the only injurious consequences were that persons passing from the claimant’s property down the street, would have, on arriving at the obstruction, to go a little further and make a slight detour—precisely the-same injury that would be sustained by every person having to pass by that route.
In St. Louis v. Flynn, 119 Ill. 200, the question decided was, as stated by the court, “ Can the defendant, as matter of law, be held liable to the plaintiff for damages resulting from the vacation of streets and alleys between Front and Fourth streets—the vacation being in another block in the city than that in which plaintiff’s property is situated ? ”
So, in Michigan, it was held that a petitioner had no interest, and was not entitled to notice of proceeding, because he could not reach the discontinued way without crossing a public street (Kimball v. Commissioners, 74 Mich. 699); but, where the discontinuance of a highway leaves the way to a landowner’s house a cul de sac, he is directly interested in the proceedings, and is entitled to notice: Goss v. Commissioners, 63 Mich. 608.
In Whitsett v. Union Depot, 10 Col. 243, none of the lots of the plaintiff abutted on those portions of the streets or alleys vacated, but all were on other blocks; hence the court properly held that “ the access to and egress from his lot is not affected by the vacating ordinances passed by the city.”
The same was the case in Glasgow v. City of St. Louis, 17 S. W. Rep. 743, and the court held that the case was not within the constitutional provision, because there was no physical interference with the plaintiff’s property, and no right of easement connected therewith, or entrance thereto, was affected.
In. the other Missouri case cited by the appellant (Bailey v. Carver, 12 Mo. App. 175), the point decided was that “the substitution of a deflected alley for a straight one does no more than change the direction of their exterior communication, and this being at a point beyond the confines of their property is as harmless to their absolute rights as if it were in any other part of the city.”
The case was precisely the same in principle as those in which the street vacated was in another block, and was put upon the same ground, namely, that, being compelled to travel further to reach other points, it was an inconvenience which the claimants would suffer in common with the general public.
Neither of the Minnesota cases cited (Shaubut v. Railroad Co., 21 Minn. 502, and Brakkin v. Railroad, 29 Minn. 41) is parallel to the present one. The first is not, because the obstruction was in another block; and the second is not, because access was wholly cut off. Both are in point, however, because they recognize the general principle, that the right of access gives an abutting landowner a special interest in the street, even beyond the limits of the frontage of his property.
The case of Coster v. Mayor, 43 N. Y. 399, is sometimes cited in support of the proposition that the vacation and closing of one street affords no ground of complaint where access remains by other streets, but a careful reading of that case, I think, shows that it was decided upon a construction of the statute which confessedly cannot be given to our statute, namely, that it did not give the right to consequential damages.
It is sometimes said that the right of an abutting landowner in an open street is coextensive only with the necessities of the case; but this doctrine cannot be sustained upon any sound principle, nor by the weight of authority where a statute, as broad as ours, is in force.
In Buccleuch v. Metropolitan Board, etc., 5 H. L. 418, cited in Randolph on Eminent Domain, § 411, the right of access to the river Thames was held to appertain to every foot of the adjacent land of the plaintiff, though access had been habitually gained at a single point only. The same principle was held to apply where the tract in question abutted on more than one street. The deprivation of access to one street is an injury, although another street affords egress: Ft. Scott Ry. Co. v. Fox, 42 Kansas, 490.
I have made this review of the cases, most of which were cited by the learned counsel for the appellant, not to show that they expressly decide that a recovery can be had in such a case as this, but to show that it is not decided by the great weight of authority that there cannot be a recovery.
Coming back to a consideration of the case upon general principles, and assuming that a property owner can recover such damages only as are special to him, and that this includes only damages consequent upon a deprivation or impairment of access to his property, I would hold that the facts set forth in this report, whether taken singly or together, do not raise a presumption of law or of fact that the claimants have not suffered such damage, and the report being in due form is sufficient to sustain the assessment.
Is the omission of the viewers to report specifically that the appellant is an owner of land, benefited by the vacation,' a fatal defect ?
In the Centre street case, 115 Pa. 247, it was decided that the assessment of special benefits, for the purpose of raising a fund to pay those who have been damaged by the vacation of streets, is a species of taxation, and within the power of the legislature. It was also held that, under the act of 1858 now under consideration, the assessment might be made against the owner of the land benefited personally. Chief Justice Sterrett said: “ While it is perhaps true that such assessments are generally against the property benefited, and not against the owner thereof personally, the fact that the legislature has authorized them to be made against the owner, as in this case, cannot affect the constitutionality of the law. The object in either case is to provide a mode of collecting the assessment, and that is wholly within the discretion of the legislature: Desty on Taxation, 286.”
It is, nevertheless, true that the assessment can only be made against the owner of the land, and that the assessment cannot exceed the benefit to the land. Both of these facts should appear expressly or by necessary implication in the report; but it seems that an omission to describe the land is not a fatal defect: Center street, supra. But the ordinance annexed to, and made part of, the petition, and referred to in the report, contains this clause: “Provided that the Philadelphia and Reading Terminal Railroad Company shall pay all expenses and damages arising from the said revision, and that it shall enter into a contract with the city of Philadelphia, in a form to be approved by the city solicitor, covenanting to pay all such expenses and damages, and to indemnify the city of Philadelphia from any liability for, or on account of, the said revision.”
It may be fairly inferred that the contract was entered into, in compliance with the condition, for the report states that the revision of the city plans contemplated by the ordinance was made and duly confirmed by the board of surveyors, and that the appellant, in the construction of its necessary works, had entered upon and occupied those portions of Ninth and Melon streets stricken from the city plan as aforesaid.
The report further sets forth “ the vacation of Melon street on account of the closing of Ninth street, for the benefit of the Philadelphia and Reading Terminal Railroad Company, was part of a general scheme or plan for the revision of plans of the city streets in the vicinity of Philadelphia and Reading Terminal Railroad Company, made necessary by the building of its elevated railroad to its new terminal station at Twelfth and Market Streets, in the city of Philadelphia.”
Under these circumstances, may not a fair presumption of such ownership of land as would make the appellant liable to assessment, arise from the occupancy of it, by works of the permanent character referred to in the petition and report? ' It is said that no such presumption can arise, because the report shows that all the land abutting on that part of Melon Street, stricken from the city plan, belongs to the Philadelphia and Reading Railroad Company; but it by no means follows that this is the only land which would subject the owner to assessment, nor am I convinced that the ownership contemplated by the statute must be in fee simple.
It appears, with sufficient certainty, that the appellant is in the actual occupancy of land which might subject the owner to assessment for benefits thereto, with works of a permanent nature ; namely, an elevated road connecting with its terminal station at Twelfth and Market streets; that the ordinances were passed for the benefit of the appellant, and upon condition that it would pay the expenses and damages caused by the vacation of the streets; that it has actually received, and is in the enjoyment of, the benefits which were intended, and it may be fairly inferred that it has complied with the condition, by entering into the contract required by the ordinance.
These facts, taken together, take the place of a formal and specific averment of the ownership of land. But, say the counsel for the appellant, the roadbed of a railroad company cannot be assessed with benefits for such an improvement, and cite the sidewalk and paving eases in support of the proposition. But, as has been seen, this is not an assessment against the roadbed, but against the owner. The cases referred to were decided principally upon the ground that the improvements then under consideration could not, from their very nature, be a special benefit to the roadway of a railroad company, but the vacation of a street may be, and manifestly was, in this case, a benefit; and, when we come to the question of ownership, it makes very little difference whether the appellant owns the roadbed in fee, or has only the right of way: Junction R. R. Co. v. Philadelphia, 88 Pa. 424.
I would, therefore, hold that the omission referred to in the assignment of error under consideration was not, under the circumstances, fatal to the report. In. order to prevent misunderstanding, however, it should be stated that this is not put upon the ground that the contract referred to in the ordinance, even if entered into by the appellant, would entitle the claimants to recover damages, if their property is so situated that it has not, or could not, receive legal injury in consequence of the vacation of the streets in question. The fact is referred to simply in connection with the facts as to the occupancy of the land, as bearing upon the question raised by the assignment of error under consideration.
For these reasons, in connection with the reasons assigned by the majority of the court upon the other two questions raised in the case, I would affirm the judgment of the court below.
Beaveb, Judge, concurs in the foregoing dissenting opinion.
Concttbbing Opinion BY
McCabthy, J.,
January 15, 1896:
The reasoning and conclusions of my learned brethren in reversing the action of the court below have my fullest concurrence, but I would go further than they and also reverse the action of the lower court in dismissing, the second, third and fourth exceptions to the report of the jury.
This proceeding was begun by petition for a jury to assess the damages done by reason of the vacation of a portion of Melon street. The finding of the jury is “that,the damage to the claimants’ property upon Melon street is caused by the closing up of Ninth street and Melon street, thus depriving them of an outlet eastward by way of Ninth street to the general system of streets in the city of Philadelphia.” This blending and confusion of two distinct vacations is material and fatal error. In the silence of the jury who shall say what proportion, if any, of the pecuniary damages which they afterwards award to the several claimants is due to the one vacation and what proportion, if any, is due to the other. Indeed, since the jury finds that the injury consists in depriving the claimants of “ an outlet eastward by way of Ninth street to the general system of streets ” is not the conclusion fully justified that the vacation of Ninth street is the sole cause of this injury, since that, without more, wholly deprives claimants of an outlet eastward ? The fact is that although this proceeding purports to be for the vacation of Melon street, the question virtually submitted is whether claimants are entitled to damages by reason of the vacation of Ninth street, and it is because of their appreciation of this that the jury have shaped their finding as it appears in the report.
Nothing can be clearer on both reason and authority than that the owner of land abutting upon a highway has a double right in the easement thereof. He has first, the right of travel along, upon and across the highway, which belongs to him, as a member of the public -at large and is enjoyed by him in common with all other members of the public; he has secondly a right to use the highway as a means of approach to, ingress upon and egress from his land, the enjoyment of which is peculiar to him as owner of the land. For an interference with the first of these rights he cannot recover damages although he may feel the deprivation more keenly than others of the public at large. It is damnum absque injuria. On the other hand, if his special right of access, ingress or egress is injured or destroyed he may recover damages for that. In the present case this court has sustained the assignments of error to the dismissal of the exceptions directed to the point that unless the claimant is the owner of property abutting on the portion of the street vacated no damages can be awarded to him by reason of the vacation, by affirming the principle just stated, and the review of authorities in the opinion renders it superfluous for me to cite any of the very long line of decisions by which it is established; but if the owner of land upon Melon street not abutting on the portion of the street vacated cannot claim damages for the vacation of Melon street itself because his special right of access, ingress and egress has not been interfered with, a fortiori, he cannot claim them for the vacation of another and different street. It is sufficient to mention the case of Lawrence v. Philadelphia, 154 Pa. 20, as an authority directly in point upon this position, but the principle already stated and so abundantly sustained by authority rules the question conclusively without more. The clear error of the finding of the jury is practically conceded by the counsel for the appellees who propose to cure it by the filing of “ a release of damages for the vacation of Ninth street so as to preclude the possibility of a double recovery.” It is, however, manifest that the filing of such a paper cannot cure the inherent vice of the finding. I would therefore sustain the fifth, sixth and seventh assignments of error and reverse the action of the court below in dismissing the exceptions upon which these assignments are based. | CASELAW |
Borjibot: A Soft Robotic Device Performing Pressure and Torsional Stimuli for Neonates Oral-Motor Rehabilitation
P. Vela-Anton, C. Nina, V. Ticllacuri, D. Shah, J. P. Tincopa, M. Llontop, F. Aguilar, S. Cruz, E. A. Vela
Producción científica: Capítulo del libro/informe/acta de congresoContribución a la conferenciarevisión exhaustiva
6 Citas (Scopus)
Resumen
This paper presents the design and prototype of a soft robotic device to rehabilitate the sucking capacities of preterm neonates. The soft robot utilizes elastomeric pneumatic actuators, capable of exerting gentle pressure and torsional stimuli on neonates' sucking muscles - which are two of the key features of the current treatment performed by medical specialists, in order to strengthen the muscles involved in the feeding process. Two soft actuators (as thin as possible) were designed and tested. One based on a zero-air chamber, and another based on a flexible spiral structure, with the ability to generate a torsional movement when pressurized. At 10 kPa of air pressure, the spiral-based actuator demonstrated a maximum force of about 3 N, and a perpendicular and angular displacement of about 10 mm and 80°, respectively. Furthermore, the elastomers utilized make the device comfortable, flexible, and easy-to-sterilize. In addition, a monitoring device works simultaneously to measure the intraoral pressure of the infant, as a feedback signal to closed-loop control the soft actuators. The soft robotic system was tested on a baby phantom as a proof of concept. This device could pave the way to the rehabilitation of preterm neonates with feeding disorders.
Idioma originalEspañol
Título de la publicación alojadaProceedings of the IEEE RAS and EMBS International Conference on Biomedical Robotics and Biomechatronics
Páginas403-409
Número de páginas7
Volumen2020-November
EstadoPublicada - 1 nov. 2020
Publicado de forma externa
Citar esto | ESSENTIALAI-STEM |
Page:Fountains Abbey.djvu/54
of Vaudey, the house of the valley of God. The monk Adam, who had been architect of the buildings at Kirkstall and Woburn, and was now in charge of the monks at Vaudey, found that the Earl of Albemarle was disposed to do yet more. He had once vowed, for his sins, to go on pilgrimage to Jerusalem, and had never gone, and now was old and fat and could not go. This, as Adam faithfully reminded him, was a serious matter; but it could be made right. If the earl would build another abbey, Adam promised that his Order would persuade the Pope to take that good work as an equivalent. The promise was performed, through the kindly offices of St. Bernard, and the earl told Adam to choose a suitable site. The monk, accordingly, looked about this way and that in Holderness, where the earl's lands lay. It was the country which the Conqueror had bestowed upon Odo, his brother-in-law. The son of Odo, the earl's father, | WIKI |
Jason GOOLSBY, Plaintiff, v. DISTRICT OF COLUMBIA et al., Defendants.
Case No. 16-cv-2029 (CRC)
United States District Court, District of Columbia.
Signed July 13, 2018
Peter C. Grenier, Kenneth J. LaDuca, Grenier Law Group PLLC, Washington, DC, for Plaintiff.
Robert A. DeBerardinis, Jr., Office of the Attorney General, Washington, DC, for Defendants.
MEMORANDUM OPINION
CHRISTOPHER R. COOPER, United States District Judge
It is a sad reality of American life that a white citizen of Washington, D.C. would feel a need to report an African American teenager and his friends to the police for simply congregating in a public establishment. It is also lamentable (but thankfully not tragic in this instance) that the young man, having committed no crime, would feel the urge to run when the police arrived to investigate. Both actions are born of fear on either side of the country's racial divide. But while those fears may animate this case, they do not decide it.
This case instead turns on a miscommunication between the 911 dispatchers who took the citizen's complaint and the patrol officers to whom it was relayed. That the officers received erroneous information about the nature of the complaint immunizes their use of force to detain the young man. And if the miscommunication was simply negligent, which seems likely, then the dispatchers, too, would be immune from suit. The present record, however, does not allow for a definitive determination of the dispatchers' mental state. The Court will therefore await further briefing after limited discovery before reaching that issue.
I. Factual Background
Before the Court are motions to dismiss, and on one issue an alternative motion for summary judgment, filed by the individual police officers and dispatchers who are named as defendants in this case. The District of Columbia joins both sets of motions. Because the defendants have predominantly moved for dismissal, the Court draws the following factual background from Plaintiff Jason Goolsby's Amended Complaint. See, e.g., Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002).
On October 12, 2015, Goolsby and two other young African-American men walked into the vestibule of a Citibank in the Capitol Hill neighborhood of Washington, D.C. to use an ATM. Am. Compl. ¶¶ 12, 14. A Caucasian family of three-a mother, father, and baby in a stroller-approached.
Id. ¶¶ 15-16. Goolsby held the door open for the family to enter. Id. ¶ 17. He then overheard the mother say she had left something in the car, and the family left the bank without using the ATM. Id. ¶ 18.
After leaving, the woman called 911. Id. ¶ 20. She reported to the dispatcher that she felt uneasy about Goolsby and the other two young men standing in the vestibule. Id. ¶¶ 20, 23, 51. The dispatcher then "relayed false and/or misleading information" to several District police officers, informing them that they were responding to "an imminent or already attempted robbery." Id. ¶¶ 26-27, 29-34.
When the responding officers arrived, they observed Goolsby and his friends walking down the street near the bank. Id. ¶¶ 37-38. They then "converged on the teenagers as if they were apprehending a dangerous felon." Id. ¶ 40. One of the officers drove his SUV directly toward Goolsby "at a very high rate of speed" before exiting the car and yelling at Goolsby to get down on the ground or he would pepper spray him. Id. ¶¶ 41-42. Goolsby instead fled. Id. ¶ 42. Following a "short pursuit," the officers caught Goolsby and "violently slamm[ed] [him] to the ground," "twist[ed] [his] arm to a gut-wrenching degree while [he] screamed in pain," and handcuffed him. Id. ¶¶ 44-45, 47.
While Goolsby was handcuffed, the officers contacted the woman who had placed the 911 call. Id. ¶ 48. The woman informed the officers that there had been no robbery, but that she had been alarmed by the young men's presence and thought the police should investigate. Id. ¶¶ 50-51. After speaking to the woman, the officers informed Goolsby that he had been detained because of the 911 call and released him. Id. ¶¶ 53-54. Goolsby alleges that he suffered unspecified "severe injuries to his face, left arm, neck, back, and thighs" at the hands of the officers. Id. ¶ 57.
Goolsby subsequently brought suit against the District of Columbia as well as the individual officers and dispatchers involved in the incident. He alleged violations of his constitutional rights under the Fourth, Fifth, and Fourteenth Amendments pursuant to 42 U.S.C. § 1983, premised on claims of illegal arrest or seizure, use of excessive force, and deprivation of his due process rights. Id. ¶¶ 78-95. He also raised parallel D.C. law claims for negligence, false imprisonment, assault and battery, and intentional infliction of emotional distress against the individual defendants as well as against the District of Columbia under a respondeat superior theory of liability. Id. ¶¶ 60-77, 96-104.
Goolsby's original complaint was served on the District alone, since he did not know the identities of the individual officers and dispatchers. The District subsequently moved to dismiss or, alternatively, for summary judgment on the D.C. law claims; because the individual defendants had not yet been served, the District's motion did not address any of the section 1983 constitutional claims. On June 8, 2017, the Court held a hearing on the motion to dismiss. It then denied the motion without prejudice, directing the District to identify the individual defendants so as to allow Goolsby to effectuate service. See Minute Order (June 9, 2017). The Court deferred resolution of the D.C. common law claims pending the individual defendants' responses. See id.
Goolsby has now filed an amended complaint and effectuated service on the individual defendants. The individual defendants and the District have again moved to dismiss the case, filing two separate motions: one by the police officer defendants (the "Officers") and one by the dispatcher defendants (the "Dispatchers"), with the District joining both motions as to the respective respondeat superior claims against it. The Dispatchers have also moved for summary judgment on Goolsby's Fourth Amendment claim. The Court held a further hearing on May 22, 2018. It will now grant both motions in part, deny both motions in part, and again reserve ruling on Goolsby's D.C. law claims.
II. Legal Standard
A. Motion to Dismiss
The District and all individual defendants have primarily moved to dismiss Goolsby's complaint under Federal Rule of Civil Procedure 12(b)(6). To withstand such a motion, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citation omitted). When resolving a 12(b)(6) motion, the Court must treat as true the factual allegations in the complaint and draw all reasonable inferences in the non-moving party's favor. See, e.g., Lee v. District of Columbia, 733 F.Supp.2d 156, 159 (D.D.C. 2010). However, the Court need not accept legal conclusions in the complaint. See, e.g., id.
B. Motion for Summary Judgment
The Dispatchers have additionally moved for summary judgement on Goolsby's section 1983 Fourth Amendment claims against them. A party will be granted summary judgment if it can show that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. See Fed. R. Civ. P 56(a). A factual dispute is "material" if the resolution "might affect the outcome of the suit under the governing law" and "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). When deciding a motion for summary judgment, the Court must " 'examine the facts in the record and all reasonable inferences derived therefrom in a light most favorable to' the nonmoving party." Robinson v. Pezzat, 818 F.3d 1, 8 (D.C. Cir. 2016) (citation omitted).
C. Qualified Immunity
The individual defendants have also moved to dismiss the constitutional claims against them on the ground that their actions are protected by qualified immunity. Public officials will have immunity from suit under section 1983 unless their conduct violated "clearly established statutory or constitutional rights of which a reasonable person would have known." Mullenix v. Luna, --- U.S. ----, 136 S.Ct. 305, 308, 193 L.Ed.2d 255 (2015) (per curiam) (citation omitted). The unlawfulness of the official's actions must have been "clearly established at the time" of the official's conduct. District of Columbia v. Wesby, --- U.S. ----, 138 S.Ct. 577, 589, 199 L.Ed.2d 453 (2018) (citation omitted). The burden is on the plaintiff "to show that the particular right in question-narrowly described to fit the factual pattern confronting the [official]-was clearly established." Dukore v. District of Columbia, 799 F.3d 1137, 1145 (D.C. Cir. 2015) (citation omitted).
To violate a clearly established right, "existing law must have placed the constitutionality of the officer's conduct 'beyond debate.' " Wesby, 138 S.Ct. at 589. Moreover, "the clearly established law must be 'particularized' to the facts of the case." White v. Pauly, --- U.S. ----, 137 S.Ct. 548, 552, 196 L.Ed.2d 463 (2017) (per curiam). The Supreme Court has cautioned that this specificity and particularity is "especially important in the Fourth Amendment context, where ... [i]t is sometimes difficult for an officer to determine how the relevant legal doctrine ... will apply to the factual situation the officer confronts." Mullenix, 136 S.Ct. at 308 (alteration in original); see also Wesby, 138 S.Ct. at 590. While this does not require " 'a case directly on point,' " " 'a body of relevant case law' is usually necessary to 'clearly establish the answer' " in the Fourth Amendment context. Wesby, 138 S.Ct. at 590 (citations omitted). Indeed, the Supreme Court has "stressed the need to 'identify a case where an officer acting under similar circumstances ... was held to have violated the Fourth Amendment.' " Id. (citation omitted) (alteration in original); see also Kisela v. Hughes, --- U.S. ----, 138 S.Ct. 1148, 1153, 200 L.Ed.2d 449 (2018) (per curiam). Cases establishing general principles of law "do not by themselves create clearly established law outside 'an obvious case.' " White, 137 S.Ct. at 552 (citation omitted).
In determining whether qualified immunity will protect the officials in any particular case, the Court applies a two-part test: (1) whether the officials "violated a federal statutory or constitutional right" and (2) whether "the unlawfulness of their conduct was 'clearly established at the time.' " Wesby, 138 S.Ct. at 589 (citation omitted). The Court has the discretion to determine which of the two prongs to proceed on first. Ashcroft v. al-Kidd, 563 U.S. 731, 735, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011).
III. Analysis
The Court's opinion will focus on the constitutional claims raised against the individual defendants. Both sets of individual defendants have argued that their actions are protected by qualified immunity. As to the Officers, the Court agrees in full and will dismiss the section 1983 claims against them. But as to the Dispatchers, the Court concludes that a genuine issue of material fact precludes summary judgment on the Fourth Amendment claims and that Goolsby has pled an alternative Fifth Amendment theory. The Court will thus deny the Dispatchers' motion without prejudice so as to allow limited discovery on their mental state. It will again reserve on Goolsby's D.C. law claims until it has resolved the remaining constitutional claims against the Dispatchers following limited discovery.
A. Goolsby's Fourteenth Amendment Claims
The Officers and Dispatchers first move to dismiss Goolsby's Fourteenth Amendment claims under section 1983. Goolsby does not contest that the Fourteenth Amendment is inapplicable to the District because it is not a state. See, e.g., Bolling v. Sharpe, 347 U.S. 497, 499, 74 S.Ct. 693, 98 L.Ed. 884 (1954). Consequently, the Court will grant the defendants' motions and dismiss the Fourteenth Amendment claims.
B. Goolsby's Fifth Amendment Claims
Next, the Officers and Dispatchers move to dismiss Goolsby's Fifth Amendment claims under section 1983. They argue that the Fourth Amendment is the proper constitutional framework to apply here and Goolsby's Fifth Amendment claims should thus be dismissed. Mem. P. & A. Supp. Defs. Albright, Chagnon, McCreary, Brown, Wershable & the District's Mot. Dismiss ("Officers' MTD") at 7-8; Mem. P. & A. Supp. Defs. Banks, Collins & the District's Mot. Dismiss ("Dispatchers' MTD") at 8-9. In response, Goolsby argues that he has pled a Fifth Amendment claim as an alternative theory "in the event that it is determined that no seizure occurred under the facts of this case." Pl.'s Mem. P. & A. Opp'n Officers' MTD ("Pl.'s Opp'n Officers' MTD") at 28; see also Pl.'s Mem. P. & A. Opp'n Dispatchers' MTD ("Pl.'s Opp'n Dispatchers' MTD") at 36.
With respect to section 1983 claims asserted under the Due Process Clause in the Fifth (or Fourteenth) Amendment, the Supreme Court has recognized that if "a particular Amendment provides an explicit textual source of constitutional protection against a particular sort of government behavior, that Amendment, not the more generalized notion of substantive due process, must be the guide for analyzing these claims." County of Sacramento v. Lewis, 523 U.S. 833, 842, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) (citation omitted). As relevant here, the Fourth Amendment typically governs allegations related to unlawful detention or excessive force. Plumhoff v. Rickard, --- U.S. ----, 134 S.Ct. 2012, 2020, 188 L.Ed.2d 1056 (2014) ; Lewis, 523 U.S. at 843, 118 S.Ct. 1708. However, not every "constitutional claim[ ] relating to physically abusive government conduct must arise under ... the Fourth ... Amendment[ ]." Lewis, 523 U.S. at 843, 118 S.Ct. 1708 (citation omitted). For instance, the Fourth Amendment does not govern "objectionable conduct [that] occur[s] outside of a criminal investigation or other form of governmental investigation or activity." Poe v. Leonard, 282 F.3d 123, 136 (2d Cir. 2002). Nor does the Fourth Amendment apply if the government never carries out a search or seizure of an individual. See, e.g., Lewis, 523 U.S. at 844, 118 S.Ct. 1708.
As to the Officers, Goolsby's primary contention is that the latter situation applies and he has plead an alternative Fifth Amendment claim in case no seizure is found to have occurred. But the facts as alleged here undeniably describe a seizure: Goolsby claims that he was chased by police officers responding to a (misreported) attempted robbery, thrown to the ground, and handcuffed. Am. Compl. ¶¶ 29-34, 44-45, 47; see, e.g., California v. Hodari D., 499 U.S. 621, 626, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991) ("[A] seizure occurs 'when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.' " (citation omitted) ). That is, Goolsby alleges a series of facts that fit the prototypical Fourth Amendment case: an unlawful seizure and the use of excessive force during that seizure. Nor has he shown that the first exception might apply. Goolsby pleads only facts indicating the Officers acted with a law enforcement purpose-in response to a call reporting suspicious behavior, Am. Compl. ¶¶ 29-34. Because Goolsby does not present an alternative set of factual allegations that would fall outside the Fourth Amendment, his Fifth Amendment claims against the Officers must be dismissed.
As to the Dispatchers, however, the Court will deny the motion to dismiss because the first of the two exceptions applies. Goolsby alleges that the Dispatchers "relayed false and/or misleading information" to the Officers. Am. Compl. ¶¶ 26-27. At this juncture, it is unclear whether the Dispatchers acted with a law enforcement motivation or for alternative reasons-as the Court will discuss more below in the Fourth Amendment section, questions remain as to the Dispatchers' precise intent. Thus, Goolsby has stated a plausible (albeit unlikely) alternative Fifth Amendment theory, namely that the Dispatchers acted for non-law enforcement motives. The Court will thus decline to dismiss the Fifth Amendment claims against the Dispatchers at this juncture.
C. Goolsby's Fourth Amendment Claims
Finally, the Officers and Dispatchers have moved to dismiss Goolsby's Fourth Amendment claims on the basis of qualified immunity. The Court will first address the Officers' arguments with respect to Goolsby's false arrest and excessive force claims. It will then turn to the Dispatchers' arguments on both claims.
1. Officers' Motion to Dismiss
Goolsby raises a false arrest and an excessive force claim against the Officers, both of which they argue should be dismissed due to qualified immunity. The Court agrees and will dismiss Goolsby's Fourth Amendment claims against the Officers.
a. False Arrest
The Officers are entitled to qualified immunity on Goolsby's false arrest claim unless (1) their actions violated a constitutional right that (2) was clearly established at the time of their actions. See, e.g., Wesby, 138 S.Ct. at 589. The Court will exercise its discretion to start with the second prong of this test: whether a reasonable officer could have believed the Officers' actions were constitutional under the circumstances. See Ashcroft, 563 U.S. at 735, 131 S.Ct. 2074.
First, some relevant constitutional principles. The Fourth Amendment ensures the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." The Supreme Court has recognized two different kinds of seizures: arrests and more temporary detentions for investigative purposes known as " Terry stops" after Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Ordinarily, an officer must have a warrant supported by probable cause to make an arrest. See, e.g., Payton v. New York, 445 U.S. 573, 603, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). In contrast, to make a Terry stop an officer needs only "a reasonable suspicion supported by articulable facts that criminal activity 'may be afoot.' " United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989) (citation omitted). Hall v. District of Columbia, 867 F.3d 138, 153 (D.C. Cir. 2017). However, a Terry stop "that is unduly prolonged or intrusive transforms ... into an arrest requiring probable cause." Id.
Goolsby contends that his seizure was an arrest that required probable cause, while the Officers argue it was simply a Terry stop supported by reasonable suspicion. But the Court need not resolve this dispute. Goolsby alleges the following facts: the officers believed they were responding to a 911 call of an attempted robbery or other crime in progress, Am. Compl. ¶¶ 29-34; approached Goolsby and ordered him to get on the ground, id. ¶¶ 40, 42; in response to which Goolsby fled, id. ¶ 42; the officers pursued him, slammed him to the ground, and handcuffed him, id. ¶¶ 44-45, 47; and then kept him handcuffed while they investigated before releasing him after talking to the 911 caller, id. ¶¶ 48-49, 54. Based on this series of events, any constitutional violation committed by the Officers was not clearly established.
As an initial matter, Goolsby has not "identified a single precedent-much less a controlling case or robust consensus of cases-finding a Fourth Amendment violation 'under similar circumstances.' " Wesby, 138 S.Ct. at 591. Rather, he cites only to general principles of law-such as the fact that individuals cannot be "detained without reasonable suspicion or arrested without probable cause," Pl.'s Opp'n Officers' MTD at 26-in arguing that any violation here was clearly established. In light of the Supreme Court's insistence on the importance of the "specificity" of the rule in the Fourth Amendment context, citations to such general principles are insufficient to show that no reasonable officer would have believed the officers' actions in stopping Goolsby were constitutional. Wesby, 138 S.Ct. at 590 (citation omitted); see also, e.g., Kisela, 138 S.Ct. at 1152-53.
If anything, existing case law at the time of the incident would have suggested to a reasonable officer that the actions taken were permissible. Starting with Goolsby's seizure, a reasonable officer could have believed that she had reasonable suspicion to make an investigative Terry stop. For one, the officers believed that they were responding to a 911 call reporting an attempted robbery. Am. Compl. ¶¶ 29-34. The Supreme Court has held that a 911 call, even an anonymous one, can furnish reasonable suspicion to detain someone for investigative purposes. Navarette v. California, 572 U.S. 393, 134 S.Ct. 1683, 1692, 188 L.Ed.2d 680 (2014). And it is perfectly reasonable for officers to rely on the information furnished to them by a dispatcher in the ordinary course, even if that information turns out to be incorrect. See United States v. Hicks, 531 F.3d 555, 560 (7th Cir. 2008) (examining whether the officer had reasonable suspicion based on what the officer knew despite miscommunications from the 911 operator); Feathers v. Aey, 319 F.3d 843, 851 (6th Cir. 2003) ("[E]fficient law enforcement requires-at least for purposes of determining the civil liability of individual officers-that police be permitted to rely on information provided by the dispatcher."); cf. Heien v. North Carolina, --- U.S. ----, 135 S.Ct. 530, 534, 190 L.Ed.2d 475 (2014) ("[A] search or seizure may be permissible even though the justification for the action includes a reasonable factual mistake.").
Next, when the officers asked Goolsby-who matched the description given by the 911 caller-to stop, he fled. Am. Compl. ¶ 42. The Supreme Court has also recognized that fleeing from the police can further support reasonable suspicion for an investigative stop. Illinois v. Wardlow, 528 U.S. 119, 124-25, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) ; see also United States v. Dykes, 406 F.3d 717, 720 (D.C. Cir. 2005) (holding that police officers had reasonable suspicion to stop defendant in known high crime area who fled upon seeing the officers). In sum, case law suggests that, at the very least, a reasonable officer could have believed that he could permissibly temporarily detain Goolsby since he matched the suspect from a 911 call seeming to report criminal activity and fled when ordered to stop by the police. See, e.g., United States v. Johnson, 519 F.3d 478, 482 (D.C. Cir. 2008) (holding officers had reasonable suspicion to detain suspect when, following 911 call about a blue Buick "driving crazy" in a "high drug transaction area," they observed the defendant drive by in such a car, park, cross the street, get into another car, and then attempt to "dart out of the car" upon seeing the police).
Finally, a reasonable officer, having observed Goolsby flee, could have believed that he could place Goolsby in handcuffs during the detention without turning the Terry stop into a full-blown arrest requiring probable cause. The D.C. Circuit has repeatedly recognized that "[a] Terry stop does not turn into a full arrest merely because the officers use handcuffs and force the suspect to lie down to prevent flight, so long as the police conduct is reasonable." United States v. Jones, 973 F.2d 928, 931 (D.C. Cir. 1992). For instance, in Dykes, the D.C. Circuit held that police officers tackling a fleeing suspect and then placing him in handcuffs did not turn a Terry stop into an arrest given that the defendant had been "in full flight" and continued resisting while on the ground and that the officers could reasonably fear that the defendant had a weapon on his person. 406 F.3d at 720. Given the severity of the crime the officers believed was involved (an attempted robbery or other violent crime, see Am. Compl. ¶¶ 29-34) and Goolsby's flight, under case law at the time a reasonable officer could have believed tackling and handcuffing Goolsby was permissible without turning a Terry stop into an arrest. As such, the Officers are entitled to qualified immunity on Goolsby's false arrest charges.
b. Excessive Force
Goolsby also raises excessive force claims, which the Officers again argue should be dismissed because their actions are accorded qualified immunity. The Court will once more exercise its discretion to begin with the second prong of the qualified immunity test: whether any constitutional violation here was clearly established.
Again, some background Fourth Amendment principles. As the Supreme Court has recognized, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it." Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). However, the force used must be reasonable under the circumstances. Id. To so determine, the Court looks at "the facts and circumstances of [the] particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Id.
As with the false arrest claims, Goolsby points to no specific cases with similar facts to rebut the Officers' assertion of qualified immunity. Rather, his primary argument is that "a reasonable officer would have known that applying any force would be excessive because there was not even a reasonable suspicion to justify an investigatory stop." Pl.'s Opp'n Officers' MTD at 27. But as noted, Goolsby has pled that the Officers reasonably believed they were responding to an attempted robbery. As a result, they could have reasonably believed they could temporarily detain Goolsby. And even if that conclusion were erroneous, the simple fact that a detention was impermissible does not automatically make the use of force to effectuate that detention excessive. See, e.g., Velazquez v. City of Long Beach, 793 F.3d 1010, 1024 n.13 (9th Cir. 2015) ("Like this court, all other circuits that have addressed the question prohibit a finding of excessive force predicated only on the fact of unlawful arrest.").
As to the level of force itself, the Court takes as true the facts as pled by Goolsby. According to his complaint, the officers "violently slamm[ed] [him] to the ground and twist[ed] [his] arm to a gut-wrenching degree while [he] screamed in pain." Am. Compl. ¶ 45. Though not spelled out expressly, the facts as pled suggest that any arm-twisting was intended to effectuate Goolsby's handcuffing, since Goolsby later pleads he was in handcuffs. See id. ¶ 47 (noting that Goolsby "found himself shackled in handcuffs"). While this issue presents a somewhat closer question than in the false arrest claims, the Court ultimately concludes that qualified immunity is appropriate here, too.
For one, Goolsby nowhere points to a case with similar facts holding the officers used excessive force. This disregards the Supreme Court's counsel that in the context of excessive force claims, "police officers are entitled to qualified immunity unless existing precedent 'squarely governs' the specific facts at issue ." Kisela, 138 S.Ct. at 1153 (emphasis added). And this omission is particularly problematic since the level of force, as pled, does not rise to the level that the Supreme Court or the D.C. Circuit has clearly established as a constitutional violation, namely the use of force after an individual has already been placed in handcuffs or otherwise subdued. See, e.g., Johnson v. District of Columbia, 528 F.3d 969, 975-77 (D.C. Cir. 2008) (holding police officer used excessive force when he repeatedly kicked the groin of a man already handcuffed and subdued).
The case law instead suggests that the Officers' use of force was constitutionally reasonable. The D.C. Circuit has, in prior cases, sanctioned police officers "slamm[ing] to the ground, handcuff[ing], and forcibly ke[eping] on the ground" an individual who had been reported for loitering or using drugs and whose non-compliance and belligerence "suggested he might try to resist or escape," Cromartie v. District of Columbia, 479 F. App'x 355, 357 (D.C. Cir. 2012) (per curiam); "shov[ing]" an individual "against a pillar, and violently twisting her arm" when she refused to comply with orders to stop dancing at the Jefferson Memorial and officers reasonably felt the need to take decisive action in a crowded setting at night, Oberwetter v. Hilliard, 639 F.3d 545, 548-49, 555-56 (D.C. Cir. 2011) ; painfully pressing a non-resisting man's arm behind him after he was stopped for walking his dog without a leash since his prior disobedience "suggested that he might try to resist or escape," Wasserman v. Rodacker, 557 F.3d 635, 641 (D.C. Cir. 2009) ; and "slamm[ing]" an individual "to the ground," "putting [the officers'] knees on his neck, back, and lower legs," and handcuffing him after the police arrested him for a DUI, he disobeyed police orders, and he was reasonably perceived of as a flight risk, Scott v. District of Columbia, 101 F.3d 748, 759 (D.C. Cir. 1996). All of these cases endorsed the use of force that, if anything, was more constitutionally suspect than here: a non-cooperative, potential flight risk who is permissibly slammed to the ground and violently or painfully handcuffed where the suspected crime was only a minor one.
Admittedly, in finding that no excessive force had been used in these cases, the D.C. Circuit partially relied on the fact that no serious injury resulted from the encounter. See Oberwetter, 639 F.3d at 555 ; Wasserman, 557 F.3d at 641 ; Scott, 101 F.3d at 760. In contrast, Goolsby alleges that he suffered unspecified "severe injuries to his face, left arm, neck, back, and thighs for which he sought medical treatment at Washington Hospital Center." Am. Compl. ¶ 57.
This factual distinction, however, is still not enough to render any constitutional violation here clearly established. See Jackson v. District of Columbia, 83 F.Supp.3d 158, 171 (D.D.C. 2015) (according officers qualified immunity on similar facts despite the fact that the officers broke the plaintiff's arm when handcuffing her). The D.C. Circuit has made clear that any injury to the plaintiff is not dispositive but rather only a factor to consider in determining whether the level of force used was reasonable. See, e.g., Wardlaw v. Pickett, 1 F.3d 1297, 1304 n.7 (D.C. Cir. 1993). Furthermore, Goolsby points to no case from the D.C. Circuit or the Supreme Court, and the Court is aware of none, indicating that a severe injury alone suffices to make the degree of force used here, under these circumstances, unreasonable. After all, one could argue that the facts alleged point towards a greater degree of permissible force than in the prior D.C. Circuit cases: Goolsby was in actual flight whereas the plaintiffs in the previous cases only posed a risk of flight, and he was suspected of a more serious offense (attempted robbery) than the plaintiffs in the prior cases (e.g. , walking a dog without a leash or dancing at the Jefferson Memorial). Nor does Goolsby point to cases from other courts of appeals that would suggest any injury here clearly rendered the use of force excessive. Given this absence of cases with similar facts indicating force similar to that used here resulting in "severe injuries" was excessive, any constitutional violation was not clearly established.
To conclude, the Officers' conduct alleged here falls within a gray area between clearly-sanctioned uses of force from cases such as Wasserman, Oberwetter, and Scott and clearly-excessive uses of force from cases such as Johnson. As such, and given the similarity of these facts to those in Wasserman and Scott, a reasonable officer could have concluded the use of force alleged here was reasonable. The Court therefore must accord the Officers qualified immunity for their alleged conduct.
2. Dispatchers' Motion to Dismiss
Goolsby also asserts Fourth Amendment unreasonable seizure and excessive force claims against the Dispatchers. He contends that section 1983 encompasses liability for any government actor who "was directly responsible for the constitutional deprivation" or who "gave authorization or approval of such misconduct." Pl.'s Opp'n Dispatchers' MTD at 20. Since the Dispatchers are not alleged to have authorized the Officers' conduct or approved of it-indeed, they were not physically present during any of the events that occurred and have no supervisory or other authority over the Officers-the argument is simply that the Dispatchers' affirmative act of providing false or misleading information to the Officers set in effect a chain of events leading to Goolsby being unlawfully arrested and subjected to excessive force. Pl.'s Opp'n Dispatchers' MTD at 20-21.
The Dispatchers respond that they should be granted summary judgment because their actions are protected by qualified immunity. Dispatchers' MTD at 13-14. In their view, no cases put them on notice that "in providing incorrect information to police officers [they] could be held liable for the constitutional torts of the officers." Id. at 14. The Court ultimately concludes that qualified immunity is appropriate as to Goolsby's excessive force claims against the Dispatchers, but that a genuine issue of material fact precludes summary judgment as to his false arrest claims.
a. False Arrest
Beginning with the false arrest claims, the Court will again start with the second prong of the qualified immunity analysis: whether any violation by the Dispatchers was clearly established. Goolsby once more cites no relevant cases, here ones involving dispatchers held liable for false arrest under section 1983. The only relevant court of appeals decisions the Court is aware of-all of which reviewed summary judgment grants to dispatchers-held the dispatcher not liable because he acted negligently or within the scope of his discretion. For instance, a Sixth Circuit opinion held that in the absence of "deliberate indifference or recklessness" by two dispatchers, the plaintiff lacked "a basis to hold the ... dispatchers accountable for a seizure in which they did not directly participate" under section 1983. Smoak v. Hall, 460 F.3d 768, 785 (6th Cir. 2006) ; see also Fettes v. Hendershot, 375 F. App'x 528, 532 (6th Cir. 2010) (affirming summary judgment on section 1983 claim against dispatcher because the dispatcher's actions were only negligent); Drakeford v. County of Orange, 213 F. App'x 542, 544-45 (9th Cir. 2006) (affirming grant of qualified immunity to dispatchers in light of the discretion accorded them in exercising their official duties).
That said, though neither side points to it, there is a common law tradition-albeit one that does not specifically involve dispatchers-that suggests a scenario under which a violation might be clearly established. The Supreme Court has recognized that when section 1983 was passed, "the generally accepted rule was that one who procured the issuance of an arrest warrant by submitting a complaint could be held liable if the complaint was made maliciously and without probable cause." Malley v. Briggs, 475 U.S. 335, 340-41, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) ; see also Kalina v. Fletcher, 522 U.S. 118, 127 n.14, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997) (quoting the preceding language from Malley ). This is in line with the general tort law principle that one who instigates a false arrest, such as by directing a police officer to arrest someone without any suspicion of wrongdoing, is also liable for false arrest or imprisonment. See, e.g., Restatement (Second) of Torts § 45A ("One who instigates or participates in the unlawful confinement of another is subject to liability to the other for false imprisonment."). Combined, these rules would seem to put any reasonable dispatcher on notice that certain kinds of false reports might violate the Fourth Amendment, namely maliciously misleading police officers without suspicion of wrongdoing in a manner that leads to another's detention.
In light of this legal background, the Court concludes that a genuine issue of material fact precludes summary judgment at this juncture. The current record reveals that the dispatchers did, in fact, make incorrect factual statements to the Officers. For instance, the 911 call transcript shows that the caller stated that she "felt like if [she and her husband] had taken money out [they] might've gotten robbed," Dispatchers' MTD Ex. 1, at 1, but a dispatcher later told an officer that the caller "state[d] that [Goolsby and his companion] were trying to rob him" and "that these subjects were trying to rob people at the ATM," Pl.'s Opp'n Dispatchers' MTD Ex. 1, at 2:13-16. Other officers in their statements described the dispatcher's report as a "radio run for a possible robbery," Pl.'s Opp'n Dispatchers' MTD Ex. 3, at 6, "a call for a[n] attempted robbery," id. at 7, or "a radio run for a possible attempt robbery," id. at 9. All of this suggests that misinformation was given to the police.
The most natural explanation for the erroneous information passed along is simply negligence or confusion on the part of the dispatcher. But it could also be the case that the dispatcher intentionally misdirected the patrol officers for some nefarious purpose. The current record is devoid of any direct evidence speaking to the Dispatchers' mental state; there are no depositions or sworn affidavits that explain why they apparently misrepresented the citizen's complaint to the officers. While the record evidence is certainly consistent with negligence-it is not a difficult to imagine a dispatcher inadvertently turning "thought I might be robbed" to "attempting to rob," particularly in a fast-moving situation-it does not foreclose the possibility of intentional conduct. Since the dispatcher's mental state is relevant to whether a section 1983 claim has been stated or a clearly established violation occurred, the current factual record yields a genuine issue of material fact that precludes summary judgment at this juncture.
The Court appreciates its obligation to "exercise its discretion in a way that protects the substance of the qualified immunity defense" and to ensure that "officials are not subjected to unnecessary and burdensome discovery or trial proceedings." Crawford-El v. Britton, 523 U.S. 574, 597-98, 118 S.Ct. 1584, 140 L.Ed.2d 759 (1998). Therefore, while the Court will deny without prejudice the Dispatchers' motion for summary judgment on the false arrest claims, it will not allow the parties to begin full merits discovery. Instead, it will allow only limited discovery into the Dispatchers' mental state since such discovery is necessary to resolve the qualified immunity question. Following this limited discovery, the parties will be free to re-brief summary judgment as to the constitutional claims remaining against the Dispatchers-including the Fifth Amendment claim discussed above and the issue of whether the Dispatchers violated any clearly established Fourth Amendment principles-before progressing further into discovery and the merits of the case.
b. Excessive Force
Goolsby also raises excessive force claims against the Dispatchers. As with the false arrest claim, Goolsby cites no case law that has ever found a dispatcher liable for a police officer's use of force. Nor is the Court aware of any. While the cases discussed above might support possible false arrest claims against the Dispatchers, they provide no indication that the Dispatchers might be liable for excessive force claims. In the absence of any case law suggesting that a dispatcher can be held liable for a police officer's use of excessive force, the Court concludes that any constitutional violation here is not clearly established. Dismissal of the excessive force claims against the Dispatchers is thus appropriate on the basis of qualified immunity.
D. Goolsby's D.C. Law Claims
The defendants have, again, raised arguments for the dismissal of Goolsby's D.C. law claims. Because the Court has not yet resolved the Dispatchers' qualified immunity defense-and, indeed, retains doubts as to whether the remaining claims will survive qualified immunity following limited discovery and summary judgment briefing-it will again reserve on the arguments that remain on Goolsby's D.C. law claims pending the outcome of summary judgment on qualified immunity.
* * *
For the foregoing reasons, the Court will grant in part and deny in part both motions to dismiss as detailed above. A separate Order shall accompany this Memorandum Opinion.
As the courts of appeals have recognized, Goolsby's unlawful arrest claim and excessive force claim require distinct inquiries. The fact that an officer may have lacked reasonable suspicion or probable cause to detain an individual does not necessarily mean that any force used to effectuate that detention was per se excessive. See, e.g., Velazquez v. City of Long Beach, 793 F.3d 1010, 1024-26 (9th Cir. 2015) (collecting cases).
Goolsby does cite to a recent D.C. Circuit case finding that the plaintiff alleged a constitutional violation on arguably similar facts, Hall v. District of Columbia, 867 F.3d 138 (D.C. Cir. 2017). But that case was decided in 2017, several years after the events in question. It thus cannot show that any constitutional norms were clearly established at the time of the Officers' conduct. See, e.g., Kisela, 138 S.Ct. at 1154.
Goolsby's complaint alleges that all of the officers on the scene committed the allegedly unlawful detention and used excessive force. It does not seem plausible that all of the officers were simultaneously involved in the detention and use of force. In any case, as to those officers personally involved, the Court has concluded that they should receive qualified immunity. As to the other officers-against whom Goolsby would have only a bystander liability claim at most-the Court reaches the same conclusion. A bystander liability claim only lies if the bystander officer knows that the other officer is violating constitutional rights. See, e.g., Matthews v. District of Columbia, 924 F.Supp.2d 115, 118 (D.D.C. 2013). If it was not clearly established that the principal officer was violating constitutional rights, it follows that it is not clearly established that the bystander officer should know the officer was violating constitutional rights. Consequently, it would not be clearly established that the bystander officer would be liable for a failure to intervene.
The Court is cognizant that neither party discussed Malley or Kalina. As such, it invites the parties in future briefing to address what specific violations of law are clearly established given the case law and general tort law principles referenced in this Memorandum Opinion.
Which particular dispatcher and which particular officer is not clear on the transcript. See Pl.'s Opp'n Dispatchers' MTD Ex. 1.
The dismissal of the excessive force claim does not necessarily preclude Goolsby's ability to recover damages related to the use of force. As courts of appeals have recognized, damages awarded on a false arrest claim can potentially include damages related to the use of force to effectuate the arrest. See Velazquez, 793 F.3d at 1024 n.13 ; Bashir v. Rockdale County, 445 F.3d 1323, 1332 (11th Cir. 2006) ; Bodine v. Warwick, 72 F.3d 393, 400 (3d Cir. 1995).
| CASELAW |
Hillary Clinton and Bernie Sanders accuse Donald Trump of inciting violence
(CNN)Hillary Clinton and Bernie Sanders both accused Donald Trump of inciting violence, with the former secretary of state calling him "bigoted" and alleging he had perpetrated "political arson," while the Vermont senator labeled him a "pathological liar" at a town hall on Sunday night. "It is clear that Donald Trump is running a very cynical campaign pitting groups of Americans against one another. He is trafficking in hate and fear," Clinton said during the event at Ohio State University hosted by CNN and TV One. "He actually incites violence in the way he urges his audience on, talking about punching people, offering to pay legal bills." Clinton charged that Trump was guilty of a case of "political arson" by throwing fuel on political divisions in the country. "He has been incredibly bigoted towards so many groups," she continued. "You don't make America great by tearing down everything that made America great." Nightcap: Trump on violent clashes: I 'should get credit, not be scorned' | Sign up Clinton followed Sanders at the town hall moderated by CNN's Jake Tapper and TV One's Roland Martin. Sanders and Clinton are making closing arguments to voters in their increasingly contentious Democratic nominating marathon, two days before five states vote in crucial primaries that could set the tone for the rest of the contest. On Sunday night, Clinton's comments followed Sanders' own sharp criticism of Trump. "I hesitate to say this because I really don't like to disparage public officials, but Donald Trump is a pathological liar," Sanders said. Sanders also blasted Trump for saying that he might pay the legal fees of a man charged with punching a protester at one of his rallies, adding that doing so was tantamount to "inciting violence." "I would hope Mr. Trump tones it down big time and tells his supporters that violence is not acceptable in the American political process," Sanders said. In one of the most dramatic moments of the night, Clinton was asked by audience member Ricky Jackson -- who spent 39 years in jail for a murder he did not commit, including a period on death row -- to justify her support for the death penalty in some cases. She replied that the states had proven themselves incapable of carrying out fair trials and said she would "breathe a sigh of relief" if the Supreme Court and the states began to eliminate capital punishment. But she argued that there was a case for a "very limited use" of the death penalty in cases of "horrific" terrorist crimes in federal cases like the bombing of the Alfred P. Murrah Federal Building in Oklahoma City in 1995 during her husband's administration. Speaking directly to Jackson, however, she told him, "I just can't even imagine what you went through and how terrible those days and nights must have been for all those years. All of us are so regretful that you or any person had to go through what you did." Jackson, who is an undecided voter, was then asked by Martin if he was satisfied with Clinton's response. He replied, "Yes. Thank you very much. Thank you, senator." The town hall took place in the wake of Sanders' surprise victory in the Michigan primary last week, which raised his hopes of competing with Clinton across Midwestern Rust Belt states. Find your presidential match with CNN's 2016 Candidate Matchmaker They faced questions from Buckeye State voters as they vie for the support of blue collar and minority voters who underpin the Democratic coalition. It also came at the end of a weekend filled with violence and disruption of Trump rallies, in which the real estate mogul pointed the finger at Sanders for the unruliness. But Sanders said Sunday night, "Our campaign does not believe and never will encourage anybody to disrupt anything." He added that people have the right to protest even though he said other candidates' rallies shouldn't be disrupted. "Trump has to get on the TV and tell his supporters that violence in the political process in America is not acceptable, end of discussion," he said. At the same time, Sanders dismissed the idea that he was responsible for the actions of all his supporters. "Millions of people voted for me. If I have to take responsibility for everybody who voted for me, it would be a very difficult life," Sanders said The town hall was also an opportunity for the two Democratic candidates to highlight their differences even if they didn't meet face to face. One questioner, Amit Majmudar, a radiologist born to Indian immigrant parents and Ohio's poet laureate, told each one that he had one mission at the ballot box, to keep Trump out of office and asked what each would do to defeat Trump. Clinton argued that she was the best candidate to take on Trump because she was "the only candidate who has gotten more votes than Trump" in the 2016 contests held so far. She added that she was building a broad-based campaign to convince people that this was the highest-stakes election they had ever been involved in, explicitly because Trump was likely to be the Republican nominee. And she said that the fact that Republicans had been "after me" for 25 years meant there wasn't anything the GOP had not already dug up about her. "I am not new to the national arena and I think whoever goes up against Donald Trump better be ready," she said. Clinton also said that there would be many arguments that Democrats could make against Trump but that she didn't want to "spill the beans right now." "I am having foreign leaders ask if they can endorse me to stop Donald Trump," Clinton said, though she declined to name any other than Italian Prime Minister Matteo Renzi, who she said had done so publicly. Sanders, for his part, pivoted to his Democratic opponent on the issue of trade, which is emerging as a key theme on both sides of the aisle in the 2016 presidential race. He lashed out at "corporately written trade agreements," which he said were designed to shut down U.S factories and pay people "pennies an hour" in China and Mexico. "One of the very strong differences between Secretary Clinton and myself -- she has supported almost all of those trade agreements, I have vigorously opposed (them)," he charged. At one point while talking about trade though, Sanders slipped in another backhanded slap at Trump. Defending his position on trade, Sanders said that he did not want to cut off the United States from global trade flows. "Nobody is talking about building a wall around the United States," Sanders said, before trailing off when people in the audience started chuckling. "Oh, I beg your pardon, there is one guy who is talking about building a wall. Let me rephrase it: no rational person is talking about building a wall." During Clinton's appearance, she sought to match her rival's rhetoric on trade after she was asked by a laid-off steel worker how she would deal with alleged dumping of steel in the U.S. market by foreign nations. "I believe that the dumping is illegal and we have to summon up the political and the legal arguments to take it on," Clinton said, specifically accusing China of the practice. Other nations, including Italy, South Korea and India have in recent months been accused of dumping corrosion-resistant steel in the U.S. market. The town hall segment with each candidate concluded with a few more personal questions. READ: Your guide to Super Tuesday 3 Clinton was asked to elaborate on her recent comment that she's not a natural politician like her husband Bill Clinton or President Barack Obama. Clinton turned the question into a way of stressing her particular skills while admitting her liabilities, saying she had worked hard to become a better politician but wanted to be more than just good at campaigning. "I don't want to be hired to be a constant candidate, I want to be hired to be the president because I think that I, in this moment in our country's history, bring the combination of skills and understanding and experience that can be really put to work immediately to do all parts of the job," she said. She also said that the campaign skills of her husband and Obama are "poetry," relating that "I get carried away and I have seen them a million times." She added that such stump skills were not her forte. Sanders, asked which ideological opponents he got along with the best, mentioned Oklahoma Sen. James Inhofe, even though he's someone who Democrats have pilloried as a climate-change denier. Though Sanders has been scoring some points on trade, Clinton has so far built a more diverse constituency resting especially on African-American voters and Hispanics and appears to have the edge going into Tuesday's primaries in Ohio, Florida, Illinois, Missouri and North Carolina. Still, Sanders has high hopes of good results in the Midwest in particular and has been driving his message that the economy is stacked against working Americans and underpinned by a corrupt political system. Tuesday's primaries are hugely significant because they make up the third-highest allocation of delegates available on a single day in the Democratic presidential race. A new poll by The Wall Street Journal and NBC published on Sunday shows Clinton leading Sanders for the three biggest prizes available on Tuesday. She is up 61% to 34% on Sanders in Florida, leads him by 58% to 38% in Ohio and by six points in Illinois. Sanders will be hoping that last Tuesday's results are an omen for this week after he went into the Michigan primary trailing badly in polls but still managed to best Clinton. The former secretary of state, however, is looking to further bolster her lead in delegates over Sanders on Tuesday. According to CNN estimates, Clinton has 1,244 delegates (including 772 pledged delegates and 472 superdelegates). Sanders has 574 delegates (including 551 pledged delegates and 23 superdelegates). Superdelegates are party officials and lawmakers who can vote at the convention and have already made their intentions clear. CORRECTION: This story has been updated with the correct number of superdelegates for Vermont Sen. Bernie Sanders. | NEWS-MULTISOURCE |
Consideration to Make to Fighting Insomnia
Are you having trouble in the sleeping pattern even during the days you are so tired? Individuals suffering insomnia tend to have problems in waking up very early or lack sleep during the nights. Temporary insomnia is having few episodes of sleep ether in a week or a few days. It might be difficult in maintaining sleep, difficulty in finding rest at all, waking up time to time, waking up too early or combination of all the above feelings. Insomnia can be caused by thrilling stress or pressure for many individuals. It is essential to consider knowing the cause of insomnia before thinking on how to solve the issue. Changes in lifestyle could highly contribute to chronic insomnia which can lead to critical health disorders.
Consider having a consistent healthy exercising pattern to achieve a better lifestyle. A lot of energy is got from ensuring that you stick to regular morning exercise as the culture is made towards achieving a particular goal. Reviews shows that doing exercise regularly will save you from an illness like sleep disorders. Time to time exercise improves the quality and the duration of sleep as well. Always ensure that minimal exercise is done when you are planning to sleep. If you must exercise in the evening ensure at least it’s done three hours before bedtime.
You should consider taking a regular pattern of sleep. It is essential to give signals to your body which it can take significantly. Having done this the mind will slowly adapt to the sleep pattern thus solving insomnia during the night. It is essential to stick on the set sleep pattern from the whole week for effective results. When you decide on the wake up and sleep time always ensure that you continuously effect it. Choose a perfect time you tend to feel tired and need to rest then and set an alarm that you can always adapt to them.
You are supposed to make your sleeping environments as comfortable as possible. You will find comfort in rooms that are free from noise, reduced lighting, and cool conducive areas. Consider investing in a quality mattress to improve on the quality of your sleep. It is essential to make your bedroom an inviting one e.g., by ensuring that the bed is well established. Always control the sleep effects issues by doing away with controllable matters. In a situation when you have a pet as a company in the room you could consider having it in a different place.
It is important to stay composed before heading to bed.Do not carry with you stressing day and worries to bed. A conducive minimal yoga session will be of much help.Consider having a schedule for the next morning before going to bed.
Refer to: Recommended Site | ESSENTIALAI-STEM |
175 P.2d 1007
GREENHOW v. WHITEHEAD’S, Inc.
No. 7317.
Supreme Court of Idaho.
Dec. 30, 1946.
W. H. Langroise and W. E. Sullivan, both of Boise, for appellant.
J. F. Martin, of Boise, for respondent.
GIVENS, Justice.
Appellant sued respondent, druggists, for damages for the claimed faulty filling of a prescription, resulting in claimed injury to her person. After answer by respondent and note of issue, the case was set for trial at 10:00 A.M. Monday, March 18, 1946.
March 11, 1946, respondent asked appellant’s counsel to have her submit to a physical examination by respondent’s physicians. Appellant’s counsel was then acquiescent, but advised respondent March 14 that appellant would not submit to an examination by one of the physicians selected. Other physicians were then suggested by respondent, when appellant’s attorney advised respondent that appellant would not submit to any physical examination by any doctor, other than her attending physician.
March 16 respondent sought and secured an order from the trial court requiring appellant to submit to a physical examination at 12:30 of that day at the office of one of the selected physicians. Certain telephone conversations ensued between appellant and one of the physicians, the court and her attorney, and she then indicated willingness to submit to the examination, but later stated she could not be present and secure attendance of her physician at that time.
Twelve-thirty of the 16th went by and after further negotiations, the meeting was deferred to 1:30. Appellant then stated the time was too short and she was engaged in taking care of a child and an older person and could not be present. As a result, no physical examination was made on the 16th.
On the morning of the 18th, Sunday intervening, respondent moved, on affidavits pro and con, to dismiss the case because of appellant’s failure to comply with the order.
At this hearing, appellant testified she had told her attorney, “before 12:00 o’clock Saturday, that you (she) would submit to that (physical) examination at 4:00 o’clock that afternoon.” And at the conclusion of the hearing, in appellant’s presence in open court, appellant’s attorney stated: “At this time we renew our offer to submit to an examination.” Whereupon, respondent’s counsel renewed his objection to the offer and the court dismissed the cause.
The appeal is from this order of dismissal, questioning the court’s authority to enter the order requiring a physical examination; and that he abused his discretion in dismissing the suit.
Incidentally, the record indicates appellant had no objection to the two physicians last suggested by respondent to conduct the examination if her physician could also be present, which was agreeable to all.
A resume of the authorities considering the points involved, discloses the following:
In Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 11 S.Ct. 1000, 1001, 35 L.Ed. 734, the Supreme Court of the United States, based on “Inviolability of the person” as sacred and “Compulsory stripping and exposure [of the body] as by a blow; ” that such order was not known to common law, except in cases involving infancy, identity, mayhem, or atrocious battery, and injury super visum vulneris presaging increased damages, considered admissible according to Blackstone as quoted, for the enlightenment only of the court, not the jury. “Physical examination relative to divorce, de ventre inspiciendo in female capital cases, and claim of enciente with a legitimate heir”, all rejected by the court as inapplicable precedents in the United States and concluded that the above, or orders for inspection of property or documents unauthorized by statute, or projectively requested pre-trial examination of witnesses, did not authorize the court ordering a physical examination of a plaintiff by defendant’s physicians without plaintiff’s consent.
Florida. Has a statute, but held in Depfer v. Walker, 125 Fla. 189, 169 So. 660, at page 663, that without an authoritative statute of the state, the court would not have power to order such a physical examination.
Hawaii. In Choy v. Otaguro, 32 Haw. 543, at pages 551, 552, the court first announced the rule as stated in Botsford, supra, and then proceeds:
“It is equally well settled that if a plaintiff 'unreasonably refuses to show his injuries, when asked to do so, that fact may be considered by the jury, as bearing on his good faith, as in any other case of a party declining to produce the best evidence in his power.’ Union Pac. Railway Co. v. Botsford, supra, 141 U.S. at page 255, 11 S.Ct. at page 1002, 35 L.Ed. 734. ‘No doubt, in general, a refusal to be examined by a proper doctor sent by the other side would be admissible in evidence and would be a proper subject for severe comment and a ground for adverse inference, at the very, least.’ Stack v. New York, N. H. & H. Railroad Co., 177 Mass. 155, 159, [58 N.E. 686, 52 L.R.A. 328, 83 Am.St.Rep. 269]. * * * Because of the refusal of the plaintiff to permit an examination by the three named doctors in advance of the trial (that there was a refusal, see below), the defendant was unable to offer any medical testimony on the subject of the extent or the permanency of the plaintiff’s alleged injuries and, necessarily, the case went to the jury on that issue, very largely upon the testimony adduced by the plaintiff. It became important, therefore, to the defendant to show if he could, by cross-examination of the plaintiff, that he had refused to comply with the request for an examination by the three doctors. Nor was the error'cured by the offer of the plaintiff to have the doctors make the examination in open court. It is easily apparent that such an examination could not be satisfactorily made in open court or away from the doctors’ own offices with the facilities there available for such a purpose. This error was highly prejudicial and must result in a new trial.”
Illinois. Chicago, R. I. & P. R. Co. v. Benson, 352 Ill. 195, 185 N.E. 244, 247, in •considering the situation detailed by the Hawaiian court holds, adhering to the rule previously announced in the Botsford case: u< * * * That to permit such a question to be asked in the presence of the jury practically compelled him to submit to the examination because of the unfavorable effect likely to be produced upon the minds of the jury, if he refused, and that it was the settled law of this state that the plaintiff in an action of this kind could not be required to submit to a physical examination as to his injuries.” Citing cases.
Louisiana. Bailey v. Fisher, 11 La.App. 187, 123 So. 166 (2d case), holds the court has no authority to require plaintiff to permit a physical examination, but holds, nevertheless, that when plaintiff refuses to comply with a request therefor, his or her physician will not be permitted to testify. Daste v. First Nat. Life, Health & Accident Ins. Co., 14 La.App. 565, 130 So. 572; Harris v. New York Life Ins. Co., 195 La. 853, 197 So. 579; Bishop v. F. W. Woolworth & Co., La.App., 8 So.2d 701.
Thus, Louisiana, while denying .the authority of the court to make an order compelling the examination, reaches somewhat the same effect by such rule of exclusion applied to the plaintiff.
Massachusetts. Stack v. New York, N. H. & H. R. R. Co., 177 Mass. 155, 58 N.E. 686, 52 L.R.A. 328, 83 Am.St.Rep. 269, held that: “The court has no power to order plaintiff in # personal injury case to submit to inspection of his person in order to enable the person making the examination to qualify as a witness, either independently of or under Pub.St. c. 170, § 43 * * * or under St.1887, c. 383, § 3, authorizing the court to issue such orders as the case may require.”
Mississippi. Yazoo & M. V. R. Co. v. Robinson, 107 Miss. 192, 65 So. 241, holds the court has no power to order the plaintiff to submit to a physical examination by physicians appointed by the court.
Montana. May v. Northern Pacific Ry. Co., 32 Mont. 522, 81 P. 328, 70 L.R.A. 111, 4 Ann.Cas. 605, after an exhaustive review of cases relative to the question in point, held that a court of law may not exercise the powers of a court of equity and that in the absence of statute, there could be no inspection of documents and that the court found no existence of power to make an order compelling a physical examination of plaintiff-. It followed and elaborated the reasoning in the Botsford case and holds the court has no power to make the order and could not enforce it; that the court has no authority to dismiss the action upon noncompliance and that authority to do so must be supplied by legislative action, the same thought being adhered to in Cornell v. Great Northern Ry. Co., 57 Mont. 177, 187 P. 902, at page 908.
New York consistently held the court had no authority to make such an order, but now has an authorizing statute. McQuigan v. Delaware, L. & W. R. Co., 129 N.Y. 50, 29 N.E. 235, 14 L.R.A. 466, 26 Am.St.Rep. 507. Delaware similarly now has a statute. Bowing v. Delaware Rayon Co., Del.Sup., 188 A. 769 and Id., Del. Sup., 190 A. 567; likewise, New Jersey,
McGovern v. Hope, 63 N.J.L. 76, 42 A. 830, Andrus v. Fomfara, 127 A. 788, 3 N.J.Misc. 261, and Washington, Titus v. City of Montesano, 106 Wash. 608, 181 P. 43.
Oklahoma. Chicago, R. I. & P. Ry. Co. v. Hill, 36 Okl. 540, 129 P. 13, at page 15, 43 L.R.A.,N.S., 622; Atchison, T. & S. F. Ry. Co. v. Melson, 40 Okl. 1, 134 P. 388, Ann.Cas. 1915D, 760 (2d case) and Oklahoma Ry. Co. v. Thomas, 63 Okl. 219, 164 P. 120, L.R.A.1917E, 405, hold the court has no authority, but defendant may offer testimony before the jury of plaintiff’s refusal to submit to the examination.
South Carolina. Easler v. Southern Ry. Co., 60 S.C. 117, 38 S.E. 258, holds a statute for discovery and pre-trial examination of opposite party does not empower the court to order a physical examination. Best v. Columbia Electric St. Ry. Light & Power Co., 85 S.C. 422, 67 S.E. 1 (2d case), Brackett et al. v. Southern Ry. Co., 88 S.C. 447, 70 S.E. 1026, Ann.Cas.1912C, 1212.
Texas. Austin & N. W. Ry. Co. v. Cluck, 97 Tex. 172, 77 S.W. 403, 64 L.R.A. 494, 104 Am.St.Rep. 363, 1 Ann.Cas. 261, holds the trial court has no authority to make an order compelling an examination, Carter v. Lindeman, Tex.Civ.App., 111 S.W.2d 318, but such refusal is proper for the jury to consider as bearing on the credibility and sufficiency of the testimony on which plaintiff seeks to recover. Tarver v. Vallance, Tex.Civ.App., 97 S.W.2d 748 and Anizan v. Paquette, Tex.Civ.App., 113 S.W.2d 196. If the plaintiff exhibits the injured portion of his body to the jury, it may be examined by the physicians on the other side. Kirkpatrick v. Neal, Tex.Civ. App., 153 S.W.2d 519.
Utah. Larson v. Salt Lake City, 34 Utah 318, 97 P. 483, 23 L.R.A.,N.S., 462, and Sharp v. Ogden Rapid Transit Co., 48 Utah 481, 160 P. 438, closely parallel the reasoning and holding by the Montana court and on like grounds deny the right or authority of the court to make such order.
Holding to the contrary are:
Alabama. Alabama Great Southern Ry. Co. v. Hill, 90 Ala. 71, 8 So. 90, at page 91, 9 L.R.A. 442, 24 Am.St.Rep. 764, after a consideration and discussion of the adverse rule, concluded the following propositions have been established and approved by a majority of state courts: “ * * * (1) That trial courts have the power to order the surgical examination by experts of the person of a plaintiff who is seeking a recovery for physical injuries; (2) that the defendant has no absolute right to have an order made to that end and executed, but that the motion therefor is addressed to the sound discretion of the court; (3) that the exercise of that discretion will be reviewed on appeal, and corrected in case of abuse; (4) that the examination should be ordered and had under the direction and control of the court whenever it fairly appears that the ends of justice require the disclosure or more certain ascertainment of facts which can only be brought to light or fully elucidated by such an examination, and that the examination may be made without danger to plaintiff’s life or health, and without the infliction of serious pain; and (5) that the refusal of the motion, where the circumstances present a reasonably clear case for the examination under the rule last stated, is such an abuse of the discretion lodged in the trial court as will operate a reversal of the judgment in plaintiff’s favor.” and accordingly held the court had power to order a physical examination.
A statute was later passed in Alabama in 1916 in accord with the above rule. Atlantic Coast Line R. Co. v. Dees, 56 Fla. 127, 48 So. 28.
Arkansas. St. Louis S. W. Ry. Co. v. Dobbins, 60 Ark. 481, 30 S.W. 887, 31 S.W. 147, following Sibley v. Smith, 46 Ark. 275, 55 Am.Rep. 584, recognized the court has power to require plaintiff to submit to a physical examination. The same rule was adhered to and re-affirmed in Triangle Lumber Co. v. Acree, 112 Ark. 534, 166 S. W. 958, at page 962, Ann.Cas.1916B, 773, and Mutual Life Ins. Co. of New York v. Phillips, 200 Ark. 77, 137 S.W.2d 910.
California. Johnston v. Southern Pac. Co., 89 P. 348, in a back-handed manner seems to adopt as the holding of the majority of state courts, the rule that the court has the authority to order such an examination, though the rule in that State is not clear. Anderson v. United States, Inc., 219 P. 748.
Colorado. Western Glass Mfg. Co. v. Schoeninger, 42 Colo. 357, 94 P. 342, 344, 15 L.R.A.,N.S., 663, 126 Am.St.Rep. 165, after fully considering the Botsford case, supra, concluded the better reasoned and majority rule is that expressed in Alabama Great Southern Ry. Co. v. Hill, supra, as follows: “* * * (1) That trial courts have the power to order a medical examination by experts of the person of a plaintiff seeking a recovery for personal injuries. (2) That a defendant has no absolute right to demand the enforcement of such an order, but that the motion therefor is addressed to the sound discretion of the trial court. (3) That the exercise of such discretion is reviewable by the appellate court, and corrected in case of abuse. (4) That the examination should be applied for and made before entering upon the trial, should be ordered and had under the direction and control of the court, whenever it fairly appears that the ends of justice require the disclosure or more certain ascertainment of important facts, which can only be disclosed, ascertained, and fully elucidated by such an examination, and when the examination may be made without injury to plaintiff’s life or health or the infliction of serious pain. (5) That the refusal of the motion where the circumstances appearing in the record present a reasonably clear case for the examination, under the rule stated, is such an abuse of the discretion lodged in the trial court as will result in a reversal of the judgment in plaintiff’s favor. (6) That such order may be enforced, not by punishment as for a contempt but by staying or dismissing the action.”
Connecticut. Cook v. Miller, 103 Conn. 267, 130 A. 571, 573, adopts with approval the reasoning in 4 Wigmore on Evidence, 2d Ed., § 2220, pp. 723, 729, in favor of the right to order the examination: “To allow the plaintiff in such cases, if he sees fit to display his injuries to the jury, to call in as many friendly physicians as he pleases, and have them examine his person, and then produce them as expert witnesses on the trial, but at the same time deny to the defendant the right in any case to have a physical examination of the plaintiff’s person, and leave him wholly at the mercy of such witnesses as the plaintiff sees fit to call, constitutes a denial of justice too gross, in our judgment, to be tolerated for one moment.”
Georgia. Macon & B. Ry. Co. v. Ross, 133 Ga. 83, 65 S.E. 146 (1st case), makes it discretionary with the court, but recognizes the power to require a physical examination: “The power of the trial court to require a plaintiff, suing for a physical injury alleged to be permanent, to submit to an examination by a competent physician, at the instance and expense of the defendant in order to ascertain the nature, extent, and probable duration of the injury, is one to be exercised or not according to the sound discretion of the presiding judge, under the facts of the case; and a refusal to require such a submission will -not be reversed, unless his discretion has been abused.” The request must be for an examination by a physician selected by the court. Pollard v. Page, 56 Ga.App. 503, 193 S.E. 117.
Indiana. City of South Bend v. Turner, 156 Ind. 418, 60 N.E. 271, at page 275, 54 L.R.A. 396, 83 Am.St.Rep. 200, overrules the former opinions of that court denying the power and states the rule as declared in Western Glass Mfg. Co. v. Schoeninger, supra, the same thought being reiterated in Kokomo M. & W. Traction Co. v. Walsh, 58 Ind.App. 182, 108 N.E. 19, at page 23.
Iowa. Hall v. Incorporated Town of Manson, 99 Iowa 698, 68 N.W. 922, 34 L.R.A. 207, inferentially held the right' of examination exists in that State for permitting the examination.
Kansas. City of Ottawa v. Gilliland, 63 Kan. 165, 65 P. 252, 254, 88 Am.St.Rep. 232, in a well-reasoned opinion disposes of the reasons in the Botsford case, supra, as follows: “While we have the greatest respect for the decision of that court, the opinion in that case does not convince our reason. We think it is a sacrifice of justice and the rights of parties to sentiment. In actions for personal injuries the exact location and extent of the injury is frequently the very question in dispute,' — the fact to be ascertained. While the court, in the exercise of its discretion, should protect the feelings and sensibilities of all litigants, the rights of the parties and the ascertainment of the truth is the chief object of a trial. The purpose of a trial is to mete out exact justice. This cannot be accomplished when the truth is suppressed, and this may be done if the court has not the power to ascertain what the truth is. In an action for personal injuries the injured party may call physicians to whom he may expose his person, not for the purpose of effecting a cure, but for the purpose of using this expert evidence to assist him in the trial of his case. He may also expose the injured portion of his person to the jury, observing the rules of decency. Should the litigant be permitted to withhold the truth or the means of ascertaining what the truth is, simply because, in the ascertainment of the truth, he may conceive the idea that an indignity is being offered? That is not an indignity which is not so intended. May he be permitted to present so much of the truth as he desires, .and as he thinks to his interest, and withhold the remainder? This would certainly be his privilege if the court does not possess the power to make an order that will develop the exact truth. It is suggested by some of the authorities which hold contrary to the views herein expressed that the rule would operate harshly upon delicate and modest females. We think such may safely rely upon the courts of this country. An examination will not be ordered needlessly, or where an improper shock to modesty or feelings of delicacy would be likely. We only decide that the court has the power, and in each case it is to be exercised or not according to the sound discretion of the presiding judge. We think it safer in the administration of justice to trust to the courts to protect the sensibilities of the parties in such examinations, so far as it is possible to do so, and beyond that to hold them subordinate in importance and sacredness to the interest of justice, than to hold that a party to a litigation has it within his power to develop so much of the facts as may appear to be to his interest, and then stop the investigation. We also think that the great weight of authority favors this view. In the ascertainment of the physical condition of the litigants in divorce actions a physical examination was allowed at common law. Devanbagh v. Devanbagh, 5 Paige 554, 28 Am. Dec. 443; Newell v. Newell, 9 Paige 25. The authority supporting this doctrine in actions for personal injuries are numerous and ample. In O’Brien v. City of La Crosse, 99 Wis. 421, 75 N.W. 81, 40 L.R.A. 831, the court held: ‘That in an action for personal injuries the defendant has, in the absence of a statute, no absolute right to nave a personal examination of the injured party by physicians, but such right rests in the sound discretion of the court.’ In [Miami & M.] Turnpike Co. v. Baily, 37 Ohio St. 104, the court said: ‘In an action to recover for personal injuries caused by negligence of defendant, the court has power to require the plaintiff to submit his person to an examination by physicians or surgeons when necessary to ascertain the nature and extent of the injury. In Graves v. City of Battle Creek, 95 Mich. 266, 269, 54 N.W. 757, 758, 19 L.R.A. 641, 642, 35 Am.St.Rep. 561, the court used the following language: ‘The question whether the trial court has the power, under any circumstances, to require the plaintiff in an action for personal injuries to submit to an examination by a physician, before the jury, of the portion of the body alleged to have been injured, is answered in the affirmative.’ In speaking of the decision of the case of [Union Pacific] Railway Co. v. Botsford, the court said: ‘This decision is entitled to very great weight, but, in view of the manifest justice of a requirement that the plaintiff in a case of personal injury shall produce the best evidence attainable, we think this case should not be permitted to stem the otherwise almost unbroken current of authority upon this subject. In Railway Co. v. Dobbins, 60 Ark. 481, 30 S.W. 887, 31 S.W. 147, which was an action for personal injuries, it was said: ‘The court may require a plaintiff suing for personal injuries alleged to be permanent to submit to an examination of his person by experts, and may direct that it be made in court or elsewhere/ In Hall v. Incorporated Town of Manson, 99 Iowa 699, 68 N.W. 922, 34 L.R.A. 208, it was held: ‘Where the condition of plaintiff’s foot is material on the question of permanency of injury, and witnesses for plaintiff have testified that- the injured foot is larger than the other, but that the leg six inches above the ankle is smaller than the other leg at the same point, and witnesses for defendant have testified that the foot is the same size as the other, and that the leg at the point specified is larger than the other, all the witnesses having just made measurement, it is error to refuse a request to have such party’s injury examined in the presence of a jury.’ In [Richmond & D.] Railroad Co. v. Childress, 82 Ga. 719, 9 S.E. 602, 3 L.R.A. 808, [14 Am.St.Rep. 189,] it was held that: ‘It is within the discretion of the trial court to require the plaintiff suing for a physical injury alleged to be permanent to submit to an examination by competent physicians at the instance and at the expense of the defendant in the action, to ascertain the nature, extent, and probable duration of the injury, so as to afford means of proving the same at the trial.’ In [Alabama G. S.] Railroad Co. v. Hill, 90 Ala. 71, 8 So. 90, 9 L.R.A. 442, [24 Am.St. Rep. 764,] it was held: ‘Where the plaintiff, a young married woman, sues to recover damages for personal injuries sustained from the derailment of the car in which she was riding as a passenger on the defendant’s railroad, and her attending physician has testified, from an examination of her person, several times repeated, as to the nature, character, extent, and probable consequence of her internal injuries, but the correctness of his diagnosis is questioned by other physicians, the defendant has the right to insist that she shall submit to a personal examination by one or more other physicians or surgeons, under the direction and control of the court; and the refusal to order such examination is a reversible error when it appears that her life or health would not be thereby endangered.’ ‘In modern trials of civil actions for physical injuries the question has frequently arisen whether the court has power to order an inspection of the body of the plaintiff or person injured for the purpose of ascertaining the nature and extent of the injuries. Some of the courts, carrying in their minds no higher conception of a judicial trial than the conception that it is a combat, in which each of the gladiators is permitted, within certain limits, to deceive and trick the antagonist and the umpire, have denied the right of the defendant to have an order for such inspection. Other courts, taking the more enlightened view that the object of a judicial trial is to enable the state to establish and enforce justice between party and party, have held it is within the power of the trial court, in the exercise of sound discretion, in proper cases, upon an application seasonably made, under proper safeguards designed to preserve the rights of both parties, to order such an inspection, and to compel the plaintiff or injured person to submit to it.’ ”
Kentucky. Belt Electric Line Co. v. Allen, 102 Ky. 551, 44 S.W. 89, holds to the rule that an examination may be ordered, but by a physician selected by the court. Keller & Brady Co. v. Berry, Ky., 121 S. W. 1009.
Maryland. “The law of this state as to the power of the court to require the plaintiff to submit to such an examination is stated in United Rys. & Electric Co. v. Cloman, 107 Md. 681, 690, 69 A. 379, 382, where this court, speaking through the late Chief Judge Boyd, said: ‘The authorities are conflicting on the subject. It is said that there is no record in the English reports of such an order, or even of such a motion. In the federal courts it is held that the court has no power to compel a plaintiff in an action for personal injuries to submit his person to a physical examination, and it was so decided in Union Pac. R. Co. v. Botsford, 141 U.S. 250, 11 S.Ct. 1000, 35 L.Ed. 734. The weight of authority seems to be to the contrary, in the state courts of this country, although, while the power is admitted many cautions and limitations are suggested, and the general rule is that it cannot be demanded as a matter of right by a defendant, but the application is addressed to a sound discretion of the trial court, which will not be interfered with by an appellate court unless such discretion was manifestly abused. That seems to us to be the correct view. We cannot admit that the trial court has no such power in any case, for sometimes it may be apparent that a plaintiff is feigning, and has not suffered such injuries as he pretends he has sustained. * * * When therefore the ends of justice seem to require it, there can be no valid reason why an examination should not be permitted, if seasonable application is made, and the court is satisfied that no serious physical or mental injury is likely to be done the plaintiff. * * * The court should be satisfied that the application is made in good faith and not merely to affect the jury, in case of refusal to submit to the examination.’
“In tjhe more recent case of Scheffler v. Lee, 126 Md. 373, 94 A. 907, the plaintiff refused to submit to the examination ordered by the court, upon the ground that her person was inviolate, and that same under no circumstances should be exposed to any physician or any other person against her consent. In consequence of such refusal, a judgment of non pros, was entered, as in this case, against the plaintiff for defendant’s costs. Which judgment on appeal was affirmed by this court.
“These cases fully establish the power of the court, in its discretion, to pass such an order and to enter a judgment of non pros, against the plaintiff, when she refuses to comply therewith.” Brown v. Hutzler Bros. Co., 152 Md. 39, 136 A. 30, 33, 51 A.L.R. 177.
Michigan. Graves v. City of Battle Creek, 95 Mich. 266, 54 N.W. 757, 19 L.R.A. 641, 35 Am.St.Rep. 561, quoting with approval Richmond & D. R. Co. v. Childress, 82 Ga. 719, 9 S.E. 602, 3 L.R.A. 808, 14 Am.St.Rep. 189, contains reasoning which is forceful and was found by the court to prevail over that contained in the Botsford case, supra: “This conclusion may be placed upon the higher ground that, when a person appeals to the sovereign for justice, he impliedly consents to the doing of justice to the other party, and impliedly agrees in advance to make any disclosure which is necessary to be made in order that justice may be done. The conception of the nature and objects of a judicial trial which denies to the defendant, under proper safeguards, the right of such an inspection, is not higher than that of the old law, which would not even compel a party to produce a deed or private paper in a civil case, where it was intended to be used in ■evidence against him, a rule which the court of chancery invaded to prevent failures of justice, and which has almost entirely disappeared from modern civil jurisprudence.” [95 Mich. 266, 54 N.W. 758].
Minnesota. Wanek v. City of Winona, 78 Minn. 98, 80 N.W. 851, 46 L.R.A. 448, 79 Am.St.Rep. 354, holds the court may order an examination and if the plaintiff refuses to comply therewith, dismiss the action.
Missouri. After variously stating and considering the authority of the court to make an order for examination, beginning with Shepard v. Missouri Pac. Ry. Co., 85 Mo. 629, 55 Am.Rep. 390, Owens et al. v. Kansas City, St. J. & C. B. R. Co., 95 Mo. 169, 8 S.W. 350, 65 Am.St.Rep. 39, and Boggs v. Gosser, Mo.App., 55 S.W.2d 722, holds the refusal to submit may be presented to the jury. In view of the conclusions reached.in other jurisdictions based upon other decisions of the Supreme Court of Missouri, it would appear that Missouri is generally classed in the group of states which look with favor upon the power of the court to grant such an order.
Nebraska. In an action for damages for personal injury, it is proper for the trial court to order a physical examination of the injured party, by competent physicians and surgeons, to ascertain the character and extent of the alleged injury. In such case, the application for the examination must be timely made. O’Brien v. Sullivan, 107 Neb. 512, 186 N.W. 532.
Nevada. Murphy v. Southern Pac. Co., 31 Neb. 120, 101 P. 322, at page 331, 21 Ann.Cas. 502, upholds the right to make such an order.
North Carolina evidently holds that the court has authority to order such an examination. Flythe et ux. v. Eastern Carolina Coach Co. et al., 195 N.C. 777, 143 S.E. 865, at page 867, though such conclusion is not free from doubt. Fleming v. Holleman, 190 N.C. 449, 130 S.E. 171.
The following states hold in favor of the rule except as indicated:
North Dakota. Brown v. Chicago, M. & St. Paul Ry. Co., 12 N.D. 61, 95 N.W. 153, 102 Am.St. Rep. 564.
Ohio. S. S. Kresge Co. v. Trester, 123 Ohio St. 383, 175 N.E. 611; Miami & M. Turnpike Co. v. Baily, 37 Ohio St. 104, citing 14 R.C.L. 696, § 14; 1 Ann.Cas. 266; Ann.Cas.1917D, 351; Larson v. Salt Lake City, 34 Utah 318, 97 P. 483, 23 L.R.A., N.S., 463; Johnston v. Southern Pacific Co., 150 Cal. 535, 89 P. 348, 11 Ann.Cas. 844; McQuigan v. Delaware, L. & W. R. Co., 129 N.Y. 50, 29 N.E. 235, 14 L.R.A. 466, 26 Am.St.Rep. 507; State ex rel. Carter v. Call, 64 Fla. 144, 59 So. 789, 41 L.R.A.,N.S., 1071; State ex rel. Parmenter v. Troup, 98 Neb. 333, 152 N.W. 748, L.R.A. 1915E, 936.
Tennessee. Williams v. Chattanooga Iron Works, 131 Tenn. 683, 176 S.W. 1031, Ann.Cas. 1916B, 101.
Oregon, in Hahn v. Dewey, 157 Or. 433, 72 P.2d 593, at page 601, reserved the point, but subsequently in Carnine v. Tibbetts, 158 Or. 21, 74 P.2d 974, at page 978, after a more critical review of the authorities, adopts the majority rule to the effect that the court may order such an examination.
Pennsylvania has held that such an order may be made in an insurance case... Myers v. Travelers Ins. Co., 353 Pa. 523, 46 A.2d 224.
Virginia in Basham v. R. H. Lowe, Inc., 176 Va. 485, 11 S.E.2d 638, 131 A.L.R. 761, upholds the right to order an examination by a physician selected by the court.
West Virginia first reserved the question, Perkins v. Monongahela V. T. Co., 81 W. Va. 781, 95 S.E. 797, at page 798, but eventually evidently considered the court had the power in Woodruff v. Gilliam, 116 W.Va. 101, 179 S.E. 873, at page 877.
Wisconsin holds that it is within the discretion of the court, O’Brien v. City of La Crosse, 99 Wis. 421, 75 N.W. 81, at page 82, syl. 1, 40 L.R.A. 831, following White v. Milwaukee City Railway Co., 61 Wis. 536, 21 N.W. 524, 50 Am.Rep. 154.
Thus, apparently only Illinois, Massachusetts, Mississippi, Montana, South Carolina and Utah now unequivocally hold the court has no authority to make or compel obedience to such an order or comply with such a request. While Hawaii, Louisiana, Oklahoma, and Texas hold that court has no power to make such an order, refusal to be examined results in blocking testimony by plaintiff’s physicians, or that the jury may consider such refusal.
The United States Court has now by rule abrogated the holding in the Botsford case, supra. Sibbach v. Wilson & Co., 312 U.S. 1, 61 S.Ct. 422, 85 L.Ed. 479.
We thus have a majority of the state courts which have considered the question, recognizing the discretionary power to order such an examination by physicians who may be suggested by the defense and approved by the court, and to enforce noncompliance by dismissal.
It is argued Section 7-705-6, I.C. A., gives sole authority to dismiss, and they do not include this situation. The entire matter is one of procedure, Bowing v. Delaware Rayon Co., supra, and Sibbach v. Wilson, supra. The court having authority to order the examination, may adopt any reasonably appropriate means to enforce it. Section 1-1622, I.C.A; Fox v. Flynn, 27 Idaho 580, 150 P. 44. Dismissal is recognized by the above supporting cases as the appropriate means of enforcement.
The time fixed by the court for the examination, however, was too short and the dismissal of the action was unjustified because, while appellant perhaps unnecessarily delayed the examination on Saturday, she had a right to arrange to have her physician present at a time reasonably convenient to her.
In ordering the examination, the court should give due regard to appellant’s health, and the time and place, though imperative and requiring prompt and immediate compliance therewith, should be reasonable as to all parties, permitting appellant to have present such attendants, reasonably limited as to number, as she may desire. Refusal to obey or recalcitrant delay, resulting in dismissal.-
The judgment of dismissal is, therefore, reversed and the cause remanded and reinstated for further proceedings in accordance herewith. Costs awarded to appellant.
BUDGE, HOLDEN and MILLER, JJ., and SUTPHEN, D. J., concur. | CASELAW |
Illustration of happy mobile developer
Using the same iOS and Android keys in multiplatform localization projects
That’s a common situation when you are developing your app for two and more platforms – say, iOS and Android, and some key names and values are the same and some are different. Lokalise can help you to avoid double translation work and stay clean in general by automatically merging these keys.
One of the unique features of Lokalise is the ability to have key names exported differently depending on the platform. Coding for different platforms usually involves different naming schemas, for example iOS coders prefer “LoginButton”, while Android coders are keen for “login_button”. Lokalise has the solution for the never-ending battle. You can enable this feature by going to project Settings and enabling Per-platform key names option.
In the following example, follow these easy steps to merge your existing iOS and Android keys.
Step 1: Upload files to automatically link platforms.
Start with a blank project. You can either start by uploading iOS keys or Android keys, the sequence does not matter. Next upload second platform’s keys to the same project. At this step, Lokalise would link platforms for similar keys, e.g. if your iOS and Android source files contain a key with title login_button the project would end up with one key that is linked to both platforms.
If you already have the keys uploaded (or added manually), you would need to do this step manually.
Step 2: Merge by base language translation
In most cases key names would be different and here is how to get them merged by translation. Go to projects view and click small triangle near base language and choose Show duplicates.
This view shows duplicate translations for base language. Lokalise would also analyze the translation field and offers to merge keys, that could be merged.
Here are the conditions when keys can be merged:
• both keys have just one platform assigned
• both keys have identical translation
• there is only one key with that translation per platform
The third rule means, that if the translation is similar in more than one key, it cannot be merged, for example if translation Cancel appears on 3 keys Lokalise would not merge them, as that would require modifications in your code (we can only store one key per platform per entry). In order to fix this, you need to delete extra keys of Cancel, update your app code to refer to another key and then merge.
Feel free to hit Merge all possible keys button once you’ve reviewed the list.
Do not mix merging with key referencing. Link button actually creates references, but does not merge the keys.
Same procedure applies to merging iOS and Web or Android and Web (or any other combination of platforms).
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Using a Fast Evaporating Solvent: Frequently Asked Questions
A fast evaporating solvent is generally defined as one that evaporates faster than water. Some fast evaporating solvents evaporate exponentially faster than water, while others dry just slightly faster. The value of either type of fast evaporating solvent depends its chemical constituency and what it’s used for. With that in mind, we answer some commonly asked questions about fast evaporating solvents.
1. How do I know how quickly a solvent should evaporate?
The evaporation rate you need is based on the requirements of your solvent application. If you’re unsure of which solvent or evaporation rate you need, contact the chemists at Ecolink for assistance.
1. Do highly evaporative solvents cause pollution problems?
It depends in the chemical formulation. If a fast evaporating solvent is filled with with hazardous air pollutants (HAPs) ? including volatile organic compounds (VOCs) ? that vaporize at room temperature, pollution is a threat to both humans and the environment.
1. Do fast evaporating solvents require an air filtration system?
Because even mild solvents that have a good safety profile have pungent aromas and airborne chemicals that mildly agitate the sense, it’s a good idea to operate an air filtration system when using any type of solvent in an open-air setting, as opposed using it in a parts washer.
1. Should a fast drying solvent have high dielectric strength?
It depends on the application. If you need to clean energized equipment, then you definitely need a dielectric in your solvent. The solvent should have the dielectric strength to impede the full voltage of the energized equipment you are cleaning. Insufficient dielectric strength can be like having no dielectric strength at all.
1. Should a fast drying solvent have a high flashpoint?
It’s ideal for any industrial solvent to have a high flashpoint. Industrial work areas often contain sources of ignition that could incidentally set a low flashpoint solvent ablaze. Something as small as an errant spark from a production line activity could cause a conflagration. Sometimes, it may not be possible to use a low flashpoint product for your application, but use one when you can.
1. Will using fast evaporating solvent increase emissions?
In a word, yes. But whether this is a good or bad thing depends on the type of emissions. If a solvent prolifically releases hazardous air pollutants (HAPs), you have something to worry about beyond the environment: There is good chance the EPA will regulate the solvent. Fast evaporating solvents that have no HAPs generally don’t pose problems for the environment.
About Ecolink
Ecolink is an industry-leading supplier of environmentally safe and environmentally preferred cleaning solvents. We offer many solvents for replacing old, toxic solvents with formulations that offer the same or better efficacy than these archaic solutions. What’s more, many of our fast evaporating solvent options can be “dropped in” your solvent system, without a hitch.
To place an order for a stock or custom fast evaporating solvent, call us today at 800-563-1305. Or send us an email through our contact form. We look forward to assisting you!
| ESSENTIALAI-STEM |
Page:Glossary of words in use in Cornwall.djvu/449
88 THB DIALECT OF Morky. See Mawky. To-mora, to-morrow. See Robin Hood, Fytte iii. ver. 56 : Smyte of my hede rather tomome, And I forgive it the." ' To-mom at neat, to-morrow night. This and to-moiJi are both now very common. Mosker, vb, to fritter away, decay gradually, as a wall, &c ; also to smoulder, as of burning wood. Hos8, sb, peat ; also that part of the moor where it is found, as Harden Mosa, Holm Mo$$, Mo88-wether, eb. a moorage wether, or sheep. Used figuratively for a slovenly or uncombed man. Mot, sb. on a bagatelle-board, the small mark from which the balls are started, &c. ; or in quoits, pitch and toss, &c., the mark to which the object is thrown. Mow, hay stored in a bam (pronounced moo). Muek {gl. muok), sb. manure ; also dirt of any kind« Mucky IffL muoki), adj, dirty. Mud {gl, muod), vb, might. Mudnt, L e, might not MufE*, vb, to speak indistinctly, or make a slight noise. ' The cat pass'd me, and noer muff*d,* Said of a child who was scalded, *-We took his hand, held it under the tap, and wrapped a wet cloth about it, and he never muff'd,* Mug, or Hog, vb, to move gently. ' Moggln on * = moving or getting on. * When a man helps t' wauf (wife), they may mug on,' i. e. get on. Mugpot, sb, a small mug of common brown or black ware, holding three gills, or a quai-t. The measpot, or masepot^ held a pint. Mule {gl, meul), sb, the word generally in use for ' ass.' Mule, sb, a machine in a mill on which yam is spun. Mull {gl. muol), pronunciation of mouldy i. e. earth, &c A certain well-known inhabitant of Almondbury had a determined purpose to make himself independent, and spoke constantly of his resolution. His efforts, however, one and all failed ; and after one of some signifi- cance, a iriend met him and said, 'Well, M., are you independent yet ? ' To which he replied, *- Naw ! nor niwer mun be, whaul (till) Au can live aat o' door and ate mulV
* " Or I here another nyght lye," said the Sheryfe,
* Bobin, now I pray thee, | WIKI |
How to create ASP.NET Registration Form Using C# and SQL Server Database
6
4108
.In this tutorial, we will explain how to create an ASP.NET Registration form using C# and SQL Server database. So if you want to implement a simple signup functionality on your website, then this tutorial is going to help you. Also, check out our latest tutorial on how to create an ASP.NET login page.
asp.net registation form
The logic behind the ASP.NET Registration form:
There is no rocket science involved here – users will simply enter their details like email, first name, last name, and other information about the registration form. After that, they will click on a button to register themselves on your site.
What happens when the code runs:
Users will enter their details in the user registration form and hit the Register button. After that, a connection to the database will be established, and a SQL Insert query will be executed to store all user inputs in the user details table.
Here is the breakdown of the complete process:
1. Creating an empty ASP.NET website.
2. Designing the user registration form.
3. Adding a SQL database to the project in which we will create a table to store user details.
4. Configuring web.config file.
5. Code the backend of the user registration form.
6. Try and test the application.
Also Read:
Now, let’s begin and create an ASP.NET registration form.
1. Create an empty ASP.NET website.
Step 1: Open Visual Studio and hit the Control+Shift+N shortcut and select ASP.NET Empty Web Site from the dialog box, as shown below.
create a new asp.net website in visual studio 2017
Step 2: After that, Visual Studio will create the project for you. Now, you need to add a web form to your project. Press Control+Shift+A hotkey to open the Add New Item dialog box and select Web Form (Visual C#) from the options. Once done, click on the Add button.
asp.net registration form
2. Design the ASP.NET Registration form.
creating asp.net registration form in visual studio
After adding the web form, switch to the Design tab, and create a registration form, as shown in the screenshot above. You just have to drag and drop the elements from the Toolbox. If you feel lazy, then download the code from the link provided at the end of this tutorial.
3. Add a SQL Server database and create a table.
Step 1: Hit the Control+Shift+A shortcut and select the SQL Server Database option. After that, Visual Studio will prompt you to create an App_Data folder within your project, accept it, and open the Server Explorer box. Now, you have added a database to your ASP.NET website.
Step 2: From the Server Explorer, right-click on the Tables and select the Add New Table option, as shown in the screenshot below.
add a user registration table
Step 3: Now, you will see the table designing interface, as shown below.
define user registration table attributes
Simply specify the user attributes and their respective data types that you want to store within the table. After that, click on the Update button. Now, you will see the generated script to update the database, as shown below. Click on the Update Database button to create your table.update asp.net registration form database
4. Configure Web.config file.
Open Web.config file from the Solution Explorer and paste the connection string of your database in the following format within the <configuration></configuration> tags. Do not add the <connectionStrings> inside any other tag.
<connectionStrings>
<add name="dbconnection" connectionString="Paste your DB connection string here"/>
</connectionStrings>
To get the connectionString of your database, open Server Explorer and right-click on it. Select the Properties option. Now, from the Properties box, copy the Connection String of your database and paste it at the specified place in the code snippet.
5. Write the C# code to register the user.
Now, open the C# (aspx.cs) file of your ASP.NET registration form and paste the code into the button click event, as demonstrated in the code snippet below.
using System;
using System.Collections.Generic;
using System.Linq;
using System.Web;
using System.Web.UI;
using System.Web.UI.WebControls;
using System.Data;
using System.Data.SqlClient;
using System.Configuration;
public partial class _Default : System.Web.UI.Page
{
protected void Page_Load(object sender, EventArgs e)
{
}
protected void Register_Click(object sender, EventArgs e)
{
SqlConnection con = new SqlConnection(ConfigurationManager.ConnectionStrings["dbconnection"].ConnectionString);
con.Open();
SqlCommand cmd = new SqlCommand("insert into RegistrationTable values (@FirstName, @LastName, @Email, @MobileNumber, @Password)", con);
cmd.Parameters.AddWithValue("FirstName", FnameTxt.Text);
cmd.Parameters.AddWithValue("LastName", LnameTxt.Text);
cmd.Parameters.AddWithValue("Email", Email.Text);
cmd.Parameters.AddWithValue("MobileNumber", MobileNumber.Text);
cmd.Parameters.AddWithValue("Password", Password.Text); cmd.ExecuteNonQuery();
Label7.Visible = true;
Label7.Text = "User registered successfully";
FnameTxt.Text = "";
LnameTxt.Text = "";
Email.Text = "";
MobileNumber.Text = "";
Password.Text = "";
FnameTxt.Focus();
}
}
6. Testing the ASP.NET Signup form.
Debug your ASP.NET site and enter the details in the user registration form, as shown in the main screenshot. After that, click on the Register button. If you get any SQL Exception in Visual Studio, then probably check out the table or the C# code. And if everything goes perfectly, you will see this message ‘User registered successfully.’ You can also check if the code worked or not from the user details table data, as shown below.
user data successfully store in the user registration form
Closing words:
We hope that this tutorial will help you easily create a simple ASP.NET registration form using C# and SQL Server database. Down the line, we will create different versions of this tutorial or update it and make this ASP.NET SignUp form smarter by applying JavaScript code to verify user input values so that no wrong or dummy value gets stored in the database.
If you come across any issue, then feel free to contact us or leave your comment below.
Download ASP.NET registration form code files from our GitHub repository.
Are you having trouble with GitHub? We have also hosted the complete project on Google Drive. | ESSENTIALAI-STEM |
Help installing doom with the new profiles feature
What happened?
I tried following these install docs, intending to try Doom alongside spacemacs using the new chemacs-alike functionality of doom:
Following those steps, doom ran fine just by running emacs.
Maybe an hour later, mysteriously, running emacs no longer runs doom, but just vanilla emacs. I don’t know why.
What did you expect to happen?
emacs still runs doom.
Here:
I expected this:
Install Doom there: `$ git clone https://github.com/doomemacs/doomemacs
~/.config/emacs`
To be followed by example configuration that runs the emacs configuration that that install step has installed (i.e., runs that install of doom). Then I could try explicitly running:
emacs --profile doom
But the configuration that follows is instead for some other doom installation method that installs to different directories:
(("default" (user-emacs-directory . "~/.emacs.default")
(env ("DOOMDIR" . "~/.doom.private")))
...
Because I’m new to doom, I don’t know what the DOOMDIR or user-emacs-directory should be for the git clone install method on this same page.
It would also have helped me if it said right after the installation (git clone) command and the step to create ~/.config/doom/profiles.el that I should next run these commands:
~/.config/emacs/bin/doom install
~/.config/emacs/bin/doom sync
emacs
It’s so frustrating! I’ve tried doom so many times, every time I fail at this same first step: how to install it alongside my old emacs. This is exactly what kept me from using spacemacs for years, now it has kept me from using doom for years.
Steps to reproduce
Yes please ;-) In my mind, the install docs are STR.
System information
generated Jan 08, 2023 00:10:45
system Arch Linux Linux 5.15.86-1-lts x86_64
emacs 28.2 ~/.config/emacs/
doom 3.0.0-pre PROFILE=_@0 HEAD -> master, origin/master, origin/HEAD e96624926 2023-01-01 21:55:13 -0500 ~/.config/doom/
shell /bin/bash
features ACL CAIRO DBUS FREETYPE GIF GLIB GMP GNUTLS GPM GSETTINGS HARFBUZZ JPEG JSON LCMS2 LIBOTF LIBSYSTEMD LIBXML2 M17N_FLT MODULES NATIVE_COMP NOTIFY INOTIFY PDUMPER PNG RSVG SECCOMP SOUND THREADS TIFF TOOLKIT_SCROLL_BARS X11 XDBE
XIM XPM GTK3 ZLIB
traits batch envvar-file
modules :config use-package :completion company vertico :ui doom doom-dashboard hl-todo modeline ophints (popup +defaults) (vc-gutter +pretty) vi-tilde-fringe workspaces :editor (evil +everywhere) file-templates fold snippets :emacs
dired electric undo vc :checkers syntax :tools (eval +overlay) lookup magit :lang emacs-lisp markdown (org +roam2) sh :config (default +bindings +smartparens)
packages (evil-colemak-basics)
The reason that emacs went back to starting vanilla emacs was that something had created an ~/.emacs.d. Deleting that, doom starts again.
I think for this reason it would be better if these instructions said how to explicitly configure profiles.el to point at the doom just installed.
I still haven’t figured out what to set DOOMDIR and user-emacs-directory to.
I have this from the install instructions referenced above:
ls ~/.config/doom/
config.el init.el packages.el profiles.el
ls ~/.config/emacs/
bin docs early-init.el eln-cache elpa LICENSE lisp modules profiles README.md shell.nix templates
So I guessed this might let me start doom with an explicit --profile doom argument to emacs:
((doom (user-emacs-directory . "~/.config/emacs")
("DOOMDIR" . "~/.config/doom"))
(spacemacs (user-emacs-directory . "~/dev/spacemacs")))
But with that configuration in ~/.config/doom/profiles.el, running emacs --profile doom gives me:
Warning (initialization): An error occurred while loading ‘/usr/lib/emacs/28.2/native-lisp/28.2-19f47317/warnings-28e75f4d-870b026e.eln’:
Doom hasn't been initialized yet; did you remember to run 'doom sync' in the shell?: /home/me/.local/share/doom/doom/@/0/init.28.elc
(but running just emacs gives me doom emacs, and emacs --profile spacemacs gives me spacemacs – albeit starting slow enough that something I guess in spacemacs code thinks it’s a good idea to automatically run the profiler)
Just continuing my train of thought here in the hope somebody can see what needs clarifying – I think at least part of what I’m missing is what extra state is involved other than user-emacs-directory and profiles.el (especially for running emacs distros other than doom itself, but I’m also unsure what state doom sync acts on given the behaviour below – in particular it seems it’s not only ~/.config/doom/):
((doom (user-emacs-directory . "~/.config/emacs")
("DOOMDIR" . "~/.config/doom"))
(vanillaspacemacs (user-emacs-directory . "~/dev/spacemacs"))
(spacemacs (user-emacs-directory . "~/dev/spacemacs")))
That vanillaspacemacs profile I expected to work the same as the spacemacs profile (which successfully runs spacemacs), but it doesn’t: the first one gives me:
Warning (initialization): An error occurred while loading ‘/usr/lib/emacs/28.2/native-lisp/28.2-19f47317/warnings-28e75f4d-870b026e.eln’:
Doom hasn't been initialized yet; did you remember to run 'doom sync' in the shell?: /home/me/.local/share/doom/vanillaspacemacs/@/0/init.28.elc
OK, the two spacemacs profiles as defined in the profiles.el above are identical aside from the spelling of the profile name after all, so whatever state doom sync sets up must be what’s missing? I guess it must iterate through all the profiles, and update some needed state for each profile?
But no, I’m wrong again:
Running ~/.config/emacs/bin/doom sync again despite my confusion, I still get the same error telling me to doom sync. Same result if I first run ~/.config/emacs/bin/doom install again, then ~/.config/emacs/bin/doom sync again.
OK, maybe doom sync has to be run “in a profile”? Looking at doom --help, I try:
env DOOMPROFILE=vanillaspacemacs ~/.config/emacs/bin/doom sync
Now emacs --profile vanillaspacemacs runs doom, not spacemacs! And emacs --profile spacemacs still runs spacemacs! What’s changed on my system?
By the way, if it’s confusing why I have two identical profiles configeured except for the name: what I’m aiming at is something like this:
((doom (user-emacs-directory . "~/.config/emacs")
("DOOMDIR" . "~/.config/doom"))
(vanilla-spacemacs (user-emacs-directory . "~/dev/spacemacs")
("SPACEMACSDIR" . "~/vanilla-spacemacs/"))
(spacemacs (user-emacs-directory . "~/dev/spacemacs")))
Where emacs --profile doom would run doom, emacs --profile spacemacs would run my normal spacemacs profile, and emacs --profile vanilla-spacemacs would run an out-of-the-box spacemacs configuration for debugging purposes (and I’d likely want a similar vanilla-doom later).
I seemed to have quite similar issue. I don’t completely understand why this solution works, but in your case I would try running.
DOOMPROFILE=doom doom sync --profile doom
and then try again to run emacs as
emacs --profile doom
You could try running the profile sync for spacemacs profiles as well, but I’m not familiar with spacemacs setups.
DOOMPROFILE=vanilla-spacemacs doom sync --profile vanilla-spacemacs
DOOMPROFILE=spacemacs doom sync --profile spacemacs
Yeah, doom sync --profile profile is currently broken, so you have to use DOOMPROFILE=profile doom sync: `doom sync --profile` broken due to `noninteractive` · Issue #7457 · doomemacs/doomemacs · GitHub | ESSENTIALAI-STEM |
Dictator (2016 film)
Dictator is a 2016 Indian Telugu-language action film, jointly produced by Eros International & Sriwass under Vedhaaswa Creations banner and directed by Sriwass. The film stars Nandamuri Balakrishna, Anjali, Sonal Chauhan and Vikramjeet Virk music is composed by S. Thaman.
It is the 99th movie in the career of Nandamuri Balakrishna. The film's script was written by Sridhar Seepana, Gopimohan and Kona Venkat while the dialogues were written by M. Ratnam. The movie had released on 14 January 2016 as Sankranthi Release. Later the movie was dubbed into Hindi as Yudh: Ek Jung by Cinekorn Movies in 2016. The film opened up to mixed reviews and was a commercial failure at the box-office.
Plot
The film begins in Hyderabad, where Chandu, an employee at Dharma Group of Industries, resides with his wife, Kathyayini's family, who works in Delhi. Once, an aspiring actor, Indu, befriends Chandu as she is in a quandary from a few gangsters hunting her brother. Once, the miscreants abduct her when Chandu locks horns with them and gets indirect enmity with Minister Govardhan Rao and a vile cop, Prabhakar, but he ceases them. Parallelly, Babji, his co-employee, heists the company amount for his daughter's nuptials when Chandu incriminates himself. Surprisingly, the attention of company Chieftain Rajasekhar Dharma is thrust on him when his father-in-law Lakshmi Narayana seeks the truth. Here, as a flabbergast, Chandu is Chandrashekar Dharma, The Dictator, the chairman of the Dharma group of companies, and spins back.
Chandrashekar Dharma is a big tycoon in India who fights against the mafia, and Aegis remains. Once, he gets acquainted with Kathyayini, an employee in his company, and they crush. Since Lakshmi Narayana is against elite groups, she introduces him as her colleague, and they knit. After a while, Chandrashekar battles a tyrant, Mahima Roy, for slaughtering his fatherly figure, Hari Prasad, by her malicious son-in-law, Vishwambhar. Now, Mahima kidnaps Chandrasekhar's family and demands that he fall at her feet. Whereat, Mahima receives frequent calls from her relatives worldwide, affirming that Chandrashekar has taken them into his custody, proving his network. Later, Chandrashekar eliminates Vishwambhar, and Mahima strikes him, stabbing Kathyayini in it. At that point, Chandrashekar quits Delhi on Kathyayini's plea, changing his identity.
Presently, Chandrashekar is conscious of Vishwambhar's existence through the betrayal of his men. Ergo. he retrieves when his sly uncle Sivaram backstabs and notifies Vishwambhar, the Dictator's arrival who will conduct tribute for Hari Prasad. Thus, Vishwambhar onslaughts Sivaram turns side, reviling it as Chandrashekar's gameplay to clutch the blackguard. At last, he wipes out Vishwambhar and behests Mahima to leave the country. Finally, the movie ends Chandrashekar Dharma, continuing his legacy.
Cast
* Nandamuri Balakrishna as Chandrashekhar Dharma "Chandu"/ Dictator
* Anjali as Kathyayani, Chandu's wife
* Sonal Chauhan as Indu, neighbour
* Vikramjeet Virk as Vicky Bhai
* Rati Agnihotri as Mahima Rai
* Kulbhushan Kharbanda as Hari Prasad
* Aksha Pardasany as Shruti, Kathyayani's cousin
* Nassar as Lakshmi Narayana, Kathyayani's father
* Suman as Rajashekar Dharma, Chandu's brother
* Nawab Shah as Viswambhar, Mahima's son-in-law
* Kabir Duhan Singh as Pandu Bhai
* Sayaji Shinde as Bokha Sivaram
* Chalapathi Rao as I.G.
* Vennela Kishore as Kathyayani's brother
* Rajiv Kanakala as Indu's brother
* Raghu Babu as Vasthu Bheeshmacharya
* Y. Kasi Viswanath as Babji
* Prudhviraj as Ramesh Patro
* Posani Krishna Murali as Chandrashekhar Dharma's P.A.
* Ajay as Inspector Prabhakar (Corrupted Police Officer)
* Madhusudhan Rao as Minister Goverdhan Rao
* Ravi Prakash as Inspector Rasool
* Ravi Babu as Director
* Vamsi Krishna as Minister's son
* Kalyani Natarajan as Mrs. Lakshmi Narayana
* Pavitra Lokesh as Rajashekar's wife
* Ashok Kumar as Lakshmi Narayana's brother
* Prabhas Sreenu as Prabha
* Duvvasi Mohan as Prasad
* Hema as Hema Patnaik
* G. V. Sudhakar Naidu as Goon
* Ravi Varma as Shruti's husband
* Satya Prakash as Saxena
* Banerjee as Mahima Rai's P.A.
* Shawar Ali
* Gundu Sudarshan
* Giridhar as Kathyayani's brother
* Ping Pong Surya as Babji's son
* Mukhtar Khan as Goon
* Deekshithulu as Rasool's assistant
* Ambati Srinivas as Minister's son P.A.
* Lab Sarath as Doctor
* Junior Relangi as Kishanji
* Shraddha Das as item number "Tingo Tingo"
* Mumaith Khan as item number "Tingo Tingo"
Soundtrack
Music composed by S. Thaman. Music released on EROS Music Company. The music of the film was launched on 20 December 2015 at Amaravati, the new Capital city of Andhra Pradesh. This movie was the first to release its audio at Amaravati. As this movie is 99th film in Balakrishna's career, the association of 'Balayya Helping Hands' organised a rally from KBR Park, Hyderabad to Audio Launch Venue at Amaravati with 99 cars with the permission of Government of Andhra Pradesh. First Audio CD copy was released by Rayapati Sambasiva Rao and presented it to Balakrishna. Anjali, Andhra Pradesh's Agriculture Minister Prathipati Pulla Rao, Ravela Kishore Babu, Sonal Chouhan, Korrapati Ranganatha Sai, Anil Sunkara, Ram Achanta, Ramajogayya Sastry, Shyam K. Naidu, Brahma Kadali, Ambika krishna, Sreedhar Seepana, Kona Venkat, Gopi Mohan, Raghu Babu and others were present at this event.
Reception
Indiaglitz in its review states that "Dictator is an album that is for the mass and class audiences alike. Chura Chura.. stands out and is sure to be on the chartbusters. Gana Gana works lyrically."
Production
Production of this action drama film began at Ramanaidu Studios in Hyderabad on 29 May 2015. Telugu actress Anjali and Balakrishna will star in this film, to be produced and directed by Sriwass (Loukyam fame). In early July 2015, actress Sonal Chauhan was signed as one of the female lead in the film. This movie is the first Telugu film produced by Eros International Media Limited. Regular shooting for this film commenced on 20 July 2015. The lead actor Nandamuri Balakrishna lost 12 Kilograms of weight for the role in this movie. A wonderful set was built in Ramanaidu Studios, Hyderabad for this movie. First schedule of the movie with few action sequences was shot in this set for 25 days. Introduction song written by Ramajogayya Sastry titled Gam Gam Gam Ganesha... Gouri Tanaya Sarvesha... with theme on Lord Ganesha was shot in a big set designed by Brahma Kadali at Chithrapuri Colony, Hyderabad with 99 dancers and more than 2000 junior artists under the choreographer Prem Rakshith.
On 24 August 2015, Eros International Media Ltd released a press note saying that the movie had completed its first schedule in Hyderabad. Second schedule of this movie was planned in Europe where some talkie part, few fights and songs was shot. In the end of August 2015, the movie unit started shooting in Bulgaria at exotic locations. The movie unit completed another schedule at Delhi on 2 December 2015; and the final schedule with heavy mass, fight sequences in the second week of December at Hyderabad. On 18 December 2015, the film director Sriwass announced that shooting part was complete except for one song. The last song Tingo Tingo under choreography of Prem Rakshith, was shot at Hyderabad completing the shooting part of the film. Shraddha Das and the popular Item song dancer Mumaith Khan paired up with Balakrishna in this song.
Box office
Dictator collected ₹ 10 crore gross at the worldwide box office on its first day, and fetched its distributors ₹ 7.5 crore. It has beaten the record of Lion and become the second-biggest opener for Balakrishna after Legend. It has collected ₹18 crore gross at the AP/Telangana box office in its four-day-extended first weekend. | WIKI |
Eleanor ROSEMAN v. William W. HASSLER et al.
Civ. A. No. 73-1082.
United States District Court, W. D. Pennsylvania.
Sept. 24, 1974.
Louis LaLumere, Pittsburgh, Pa., Michael Brodie, Philadelphia, Pa., Killian & Gephart, Harrisburg, Pa., for plaintiff.
Larry Selkowitz, Deputy Atty. Gen., Israel Packel, Atty. Gen., Harrisburg, Pa., for defendants.
OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW
KNOX, District Judge.
Plaintiff, Eleanor Roseman, served as an associate professor in the Foreign Language Department at Indiana University of Pennsylvania beginning with the academic year which commenced September 1, 1969, and continuing until the end of the academic year which commenced September 1, 1970, and ended June 1, 1971. On May 12, 1970, she was informed of her non-retention for the academic year beginning September 1, 1971. On December 20, 1973, she instituted this action against the university, its president and various members of its faculty asking for reinstatement, injunctive relief and damages. Hearing on an application for preliminary injunction was held but no order was entered inasmuch as the request for preliminary injunction was withdrawn. Thereafter, a hearing was held commencing July 29, 1974 in which was incorporated the evidence taken with respect to the preliminary injunction. Prior to the final hearing on the merits, defendants filed a motion for partial summary judgment on May 14, 1974, and a motion for total summary judgment on the balance of plaintiff’s claims on July 22, 1974. While arguments on the motions for summary judgment were heard, disposition of them was postponed until the case had been heard on the merits.
FINDINGS OF FACT
1. Indiana University of Pennsylvania is an educational institution owned and operated by the Commonwealth of Pennsylvania.
2. Under the Pennsylvania Public School Code (24 P.S. § 20-2004.1(14) ), the management of Indiana University of Pennsylvania, including the power to make rules with respect to faculty tenure is entrusted to the president and the board, of trustees.
3. Indiana University of Pennsylvania has a formalized tenure system with a probationary period of three years specified unless “initially specified otherwise”. (See Manual, plaintiff’s Exhibit 4). Faculty are hired on a year to year basis during the probationary period.
4. Pursuant to the laws governing the university of which plaintiff was or should have been aware, department chairmen, divisional deans and academic vice-presidents do not grant tenure, but only make recommendations to the president who presents them to the board of trustees for approval. This is the only way tenure can be obtained.
5. Under regulations and practices of the university, the university was required to provide reasons for a termination and a hearing only to tenured faculty.
6. All faculty, including both tenured and non-tenured members, may be dismissed for “immorality, incompetency, treason or insobriety”, but a member of the probationary faculty, as was plaintiff, may be non-renewed or terminated for any or no reason, as long as the laws or constitution are not violated.
7. Under university practice, grants of tenure are made by an official communication of the president only.
8. The Notices of Appointment of plaintiff (Plaintiff’s Exhibits 2 and 3) contain the relevant and important terms of her employment and constitute the complete employment contracts of the plaintiff.
9. The initial specification of any additional terms, as referred to in the Faculty Manual, is placed on the Notice before it is sent to the potential employee. Plaintiff’s handwritten codicil at the bottom of plaintiff’s Exhibit 2 is not an initial specification as contemplated by the Manual (Plaintiff’s Exhibit 4) but a unilateral counterproposal by plaintiff not assented to by the university. Plaintiff’s handwritten codicil was added by plaintiff after the president had signed the contract. There was thus no meeting of the minds as to additional terms.
10. Defendant Herbert Isar in February 1969, as chairman of the Foreign Language Department offered plaintiff, as a probationary employee, a permanent position in accordance with the regulations of the university.
11. A probationary employee is one without tenure and is subject to discharge at any time without cause.
12. A permanent position is one created by the administration which refers to the nature of the position, i. e., non-temporary, and not to the status of the employee holding that position. This is distinguished from the position of a temporary employee filling a position created for a limited period of time or a substitute.
13. Plaintiff was not hired as a tenured member of the faculty; she was only hired to fill a permanent non-temporary position, which, if performed satisfactorily, might lead to tenure.
14. Plaintiff was not given a pre-termination hearing by the university because she was not tenured and because no hearing was required for probationary employees.
15. Plaintiff never asked the university for a hearing until September, 1971, nearly one and one-half years after she was non-renewed and after she had left the university.
16. Plaintiff was not offered an administrative hearing until after her discharge became effective and she had left the university. Plaintiff objected to certain conditions of the hearing offered and while the proposed hearing apparently provided due process, plaintiff’s objections were not frivolous.
17. On May 12, 1970, the Committee on Merit and Tenure of the Foreign Language Department voted unanimously (with one abstention) not to renew plaintiff’s contract at the end of the 1970-71 academic year.
18. The Jewish Holiday, Rosh Hashanah, in 1969 fell and was celebrated on Saturday and Sunday, September 13 and 14, when plaintiff had no classes. Plaintiff is Jewish.
19. Plaintiff missed classes on Friday, September 12 and Monday, September 15, 1969, because she went to Philadelphia for medical appointments and not for religious holidays. Thereafter, she reported she was ill in Philadelphia until November 11, 1969.
20. Plaintiff’s colleagues covered her classes on those days as well as on all other days plaintiff was absent for medical and other reasons.
21. The frequent coverage of plaintiff’s classes by her colleagues was burdensome and more frequent than the coverage required for any other member of the department.
22. Plaintiff was never refused permission to observe her religious holidays by any of the defendants; but they were aware of the absences.
23. Plaintiff was absent April 2 through 6, 1970, claiming she was snowbound in Michigan.
24. Plaintiff missed classes on Monday, April 20, 1970, which had to be covered by colleagues. Her absence was caused by a trip to Philadelphia to celebrate Passover.
25. Plaintiff failed to provide a scheduled written test to the professor covering for her, who was to give it to her class on Monday, April 20 or Wednesday, April 22, of that week. On both days, the students were prepared for but did not receive the scheduled test.
26. Plaintiff’s absences, under state regulations, had to be charged to sick leave, as professional employees had no annual or personal leave in 1969 or 1970.
27. Plaintiff's Exhibits 14, 15 qnd 17, which indicate some anti-semitic bias and ill will towards plaintiff, were authored by defendant Henninger but were never sent to the plaintiff on the advice of defendants Faust and McGovern, who felt they would not help resolve the situation.
28. These exhibits were never seen by, nor discussed among the members of the Committee on Merit and Tenure which voted to non-renew plaintiff by a vote of ten “yes” and one “abstain”, and thus the memos in no way prejudiced the plaintiff in the department’s decision to recommend her non-renewal.
29. Plaintiff’s Exhibits 14, 15 and 17 were initially placed in the personal file of Mr. Faust, not plaintiff’s personnel file. In the late Summer and Fall of 1970 and after the decision to non-renew, because of plaintiff’s threats of litigation, the exhibits were placed in plaintiff’s personnel file for the purpose of recall.
30. Plaintiff’s Exhibits 14, 15, 16 and 17, as well as all other material provided to her in 1972, were never seen by any potential employer of plaintiff. No potential employer has ever made an inquiry of the university concerning plaintiff.
31. The individual defendants never discussed plaintiff’s religious beliefs or observances with other members of the Committee on Merit and Tenure.
32. There is no connection at all between any writings of any defendant and the decision to non-renew plaintiff.
33. Defendants Isar and Faust voted for non-renewal based on work-related reasons. Defendants Hassler, McGovern and Henninger took no part in the vote to non-renew of May 12, 1970.
34. Plaintiff was non-renewed because of her work practices which created administrative hardship and delays, her inadequate classroom performance and her failure to get along amicably in the department.
35. Plaintiff made a complaint to Dean McGovern on April 5, 1970, that defendant Faust had wrongfully suppressed an application of Dr. James Hyde for chairman of the department and later repeated the same in a departmental faculty meeting.
36. Plaintiff’s conduct seriously impaired the orderly functioning of the chairmanship screening committee.
37. Defendant Faust had turned over the application in question to Dr. Op De Beeek, in the normal manner, thus committing no improprieties.
38. The screening committee deadline for applications for chairman was tentatively March 31, 1970.
39. The Hyde Application in question was received after the deadline on April 10, 1970.
40. Plaintiff had never specifically asked Mr. Faust about the Hyde application from April 10, 1970, until she stepped forward at the department meeting on May 5, 1970, at the invitation of Dean McGovern.
41. Defendants Hassler, McGovern and Henninger had no part in the decision to non-renew.
42. Defendant Isar was not involved in this or any other of plaintiff’s causes of action beyond negotiating with plaintiff prior to her first appointment.
43. All of the members of the Committee on Merit and Tenure which voted to non-renew plaintiff had discussed, in detail, and evaluated plaintiff in March 1970 and were personally aware of her record and performance.
44. There were valid work-related reasons as above set forth for the departmental decision to non-renew plaintiff.
45. The decision to non-renew plaintiff was not made in retaliation for the exercise of any valid right of free speech.
46. Plaintiff was a probationary employee hired to fill a permanent position which, if she performed satisfactorily, could lead to tenure in three years.
47. Plaintiff was non-renewed pursuant to the university procedural regulations for probationary employees, which regulations were administered by the various defendants in the course of fulfilling their prescribed duties and responsibilities.
48. Only the president, not a departmental chairman, can set terms of employment, such as salary, employment status (professor, assistant professor, instructor, and so forth) and tenure in a contract with a prospective instructor.
49. Course assignments and course load are matters within the departmental chairman’s discretion and were not part of the contract of employment.
50. Plaintiff knew that the new chairman would be Mr. Faust, not Dr. Isar, and she should have known to make her requests for specific courses to Mr. Faust. Plaintiff knew this in February 1969, eight months before she began teaching at the University and before she signed her first contract.
51. Plaintiff taught all the courses scheduled for her by Dr. Isar during the first semester of her employment, which is the only time period for course assignment over which the defendant Dr. Isar had any control of discretion.
52. For the 1969-70 academic year, plaintiff was hired at and accepted an appointment to the rank of associate professor at Step B or $10,720 per annum; which was the amount mentioned by Dr. Isar in his letter (Plaintiff’s Exhibit 1) to plaintiff and the amount which plaintiff accepted in writing by signing her first contract.
53. Plaintiff’s salary was raised to $11,240 for the year 1969-70 by the university as a result of change in pay scales, although the university had no obligation to do so.
54. In accordance with the provisions of her contract, plaintiff, when the need arose, could be assigned additional teaching hours in the discretion of the chairman provided the assignment was reasonable.
55. The assignment of specific courses is within the discretion of the department chairman.
DISCUSSION
I. GENERAL
Plaintiff in her complaint originally sued Indiana University of Pennsylvania, at Indiana, Pennsylvania, a state educational institution, William W. Hassler, as President, Herbert Isar, formerly Chairman of the Department of Foreign Languages, Charles Faust, his successor as Chairman of the Department, Isolde Henninger, Administrative Assistant or Assistant Chairman of the Department, and Frances McGovern, Dean of the College of Arts and Sciences. The complaint is in 8 counts. Count 1 alleges deprivation of civil rights under the First and Fourteenth Amendments and deprivation of contractual rights through lack of due process because no hearing was held prior to plaintiff’s non-retention. Count 2 alleges a violation of the Civil Rights Act and the First and Fourteenth Amendments in that the decision for non-retention was allegedly based upon religious discrimination, plaintiff being of the Jewish faith. Count 3 alleges violation of the Civil Rights Act and the First and Fourteenth Amendment in that her non-retention was based upon an attempt to restrict her freedom of speech.
Pendent causes of action are contained in the later counts. Count 4 claims that plaintiff was a tenured faculty member and discharged in violation of her contract without hearing. Count 5 alleges that she was not paid in accordance with her contract and the step upon the pay scale upon which she should have been placed. Count 6 alleges that the contract engaging her was violated by assigning her a teaching load in excess of twelve hours. Count 7 alleges tortious interference by the defendants with her contractual relations. Count 8 also claims a violation of her contractual rights in that she was not assigned to courses originally agreed upon.
Defendants, soon after the action was filed, filed motions to dismiss. These motions were denied except that by order of February 13, 1974, Indiana University of Pennsylvania was dismissed as a defendant for the reason that it was not a person under the Civil Rights Act, 42 U.S.C. § 1983, and that insofar as it is named as a defendant otherwise in the case, it is not subject to suit in this court because of the provisions of the Eleventh Amendment. It was determined that this institution was a branch of the Pennsylvania State Government, and insofar as this was a suit against the Commonwealth for violation of a contract, procedures provided by Pennsylvania law for determination of such suits must be followed.
II. The Position of Indiana University.
The court has approached the final resolution of this controversy in accordance with the guidance given us by the Court of Appeals for this circuit in Skehan v. Board of Trustees of Bloomsburg State College et al., 501 F.2d 31 (3d Cir. 1974). In that case the court said:
“As to property rights the appropriate •analysis is to determine, under applicable state law, the nature and extent of the contract right and, if the contract right has been terminated other than by expiration of its term, to consider whether the method of termination comported with fourteenth amendment procedural due process. If a procedural due process violation has occurred, the court proceeds to fashion a remedy. With rights of liberty, such as the right of a faculty member to be free from disability imposed for engaging in speech protected by the first amendment, the analysis starts with an inquiry into the substantive reasons for whatever action is complained of. If it is found that either termination or nonrenewal was because of the exercise of protected speech fas an example), the procedural due process of the decision is irrelevant because the substantive decision is illegal as a matter of federal constitutional law. If such a substantive violation of a right of liberty has occurred, the court proceeds to fashion a remedy which, depending on the circumstances, may be the same as or different from the remedy for a procedural due process violation in the property context.”
The court adheres to its decision of February 13, 1974, that we have no jurisdiction over Indiana University of Pennsylvania, it not being a person under the Civil Rights Act and being a branch of the State government of Pennsylvania. As it was pointed out in Skehan, supra, Indiana University which is set up as a part of the Pennsylvania Department of Education (See 24 P.S. § 20-2002 (14) ) is not “a separately chartered corporation as in the case of many universities but a subdivision of the Commonwealth Department of Education”.
It is specified further in 24 P.S. § 20-2003: “The colleges and universities shall be a part of the Commonwealth system of higher education.” Under 24 P.S. § 20-2003.1 provision is made for a Board to be established in the Department of Education to consist of fifteen directors, appointed by the Governor, to be known as the Board of State College and University Directors. In 2003.3(3) it is provided that the Board has powers and duties:
“To develop general rules for faculty appointments, salary schedules and benefits and to establish broad policies regarding employment rights, promotion, dismissal and tenure of faculty.”
Section 2004 provides for a Board of Presidents of State Colleges and State Universities to recommend educational policies for these institutions. In 2004.1 it is specifically provided that the “President of each of the several * * * State Universities shall administer the institution. Each President shall have the power and his duty shall be:
(1) To appoint such officers, faculty members, graduate assistants, and employes as may be necessary in accordance with the law, and the standards set by the Executive Board of the Commonwealth and policies of the Board of State College and University Directors.
(2) To fix the salaries of instructional and noinstructional employes in accordance with law, and the standards set by the Executive Board of the Commonwealth and policies of the Board of State College and University Directors.
(14) To establish rules regarding employment rights, promotions, dismissals and tenure of faculty and other employes, subject to the approval of the Board of Trustees and in accordance with broad policies established by the Board of State College and University Directors.”
In 2008.1 and 2008.2 provision is made for a Board of Trustees for each of the State Colleges and Universities, consisting of nine members. In 2008.3, it is provided:
“The Board of Trustees of each State University shall have the power and its duty shall be to:
(2) Approve recommendations of the president pertaining to (i) budgets and expenditures and forward same to the Board of State College and University Directors; (ii) the waiver of fees; (iii) schools and curricular programs; and (iv) the appointment, rank, salaries, tenure of instructional staff and noninstructional staff and administrative personnel in accordance with law, and standards set by the Executive Board of the Commonwealth, the Civil Service Commission, and policies of the Board of State College and University Directors.”
In view of the fact that Indiana University is not separately chartered and is not described by statute as being a body corporate and politic with power to sue and be sued and considering all the other provisions of the law indicating that the institution is an integral part of the state government with the president thereof being the agent for management of the same, it is the court’s conclusion that it is not subject to suit as a subsidiary governmental unit to which Ayala v. Philadelphia Board of Public Education, 453 Pa. 584, 305 A.2d 877 (1973) might apply and instead is included in the sovereign immunity of the Commonwealth. See Employees of the Department of Public Health, Education & Welfare of the State of Missouri v. State of Missouri, 411 U.S. 279, 93 S.Ct. 1614, 36 L.Ed.2d 251 (1973) and Edelman v. Jordan, 415 U.S. 651, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). The latter case indicates that in certain circumstances, prospective injunctive relief may be ordered against state officials but relief may not include a retroactive award requiring payment of funds from the State Treasury. In the case at bar, plaintiff not only seeks reinstatement but also seeks back pay and other damages. If Indiana University were a subsidiary governmental unit, non-prospeetive monetary relief might be available. In view of our determination that this university is an integral part of the state government, its dismissal as a defendant was proper, but this of course does not necessarily bar prospective relief, whether legal or equitable, against the individual defendants under Skehan, supra.
III. Contractual Rights.
Plaintiff’s claims to contractual rights and due process hearings are contained in Counts 1, 4, 5, 6 and 8.
As to these matters, we agree with the decision of Judge Gourley of this court in Walker v. California State Board of Trustees, 351 F.Supp. 997 (W. D.Pa.1972) aff’d 485 F.2d 683 (3d Cir. 1973).
In this case, Judge Gourley held that California State College another one of the state colleges and universities (24 P.S. § 20-2002(10) ) had not given tenure or expectancy of tenure arising from any de facto tenure policy so that plaintiff had any constitutional right to a hearing or to specific reasons for his dismissal, and that plaintiff had not been stigmatized in such a way that other employment opportunities were barred to him.
Judge Gourley held that the plaintiff as a faculty member was bound by the faculty manual with respect to tenure and that there was no evidence of any de facto tenure policy. He therefore held that plaintiff was not entitled to a due process hearing under Board of Regents v. Roth, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972); and Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972).
In the present case, a reference to Pennsylvania State law as above outlined indicates that the establishment of policies with respect to employment rights, dismissal and tenure is generally in the hands of the various Boards set up under state law and that the president of each state university such as Indiana has the power and duty to appoint faculty members and fix salaries in accordance with the law and standards and policies and that under 20-2004.1(14) he has the right to establish rules regarding employment rights, promotions, dismissals and tenure.
Anybody dealing with the Commonwealth of Pennsylvania or any of its departments or branches such as Indiana University is bound to take notice of the legal authority of the various persons with whom she deals. In this particular case, statements and letters, and so forth from the chairman of the department are clearly without authority, and plaintiff can base no legal claim to tenure upon them. See Commonwealth v. Seagram Distillers Corp., 379 Pa. 441, 109 A.2d 184 (1954); Willis Bancroft, Inc. v. Millcreek Township, 335 Pa. 529, 6 A.2d 916 (1939).
Referring to the manual of procedures and conditions of employment for professional and non-professional staff members at Indiana University (Plaintiff’s Exhibit 4), we find the subject of contracts and tenure is covered in Part B beginning at the bottom of page 3. Most significant is the third paragraph on page 4.
Under this manual, plaintiff was a probationary employee and did not acquire tenure or continuous employment because the three-year probationary period had not elapsed and there was no other contractual provision granting her tenure. It is true that in Part C it is provided that a faculty member “regardless of length of service may be dismissed because of proved immorality, incompetency, treason or insobriety” and provision is made in Part D for termination of those with continuous employment status or tenure, upon notice stating in what respects his services are unsatisfactory, opportunity to reply and further proceedings. We hold, however, that plaintiff as a probationary employee was not entitled to such protection and was subject to discharge or notice of non-retention or termination without reasons being given.
It will be noted that plaintiff was given notice of non-retention on May 12, 1974, and that her services would be terminated at the end of the academic year 1970-1971, which ended either on June 1, 1971, or September 1, 1971. Whichever is the date, she had more than a year’s notice of the decision not to renew her contract.
Further reference should be made to her official appointments as associate professor at Indiana University which are contained in plaintiff’s Exhibits 2, 3 and 3A. The evidence as stated, is clear that tenure may only be granted by the President of the University with the approval of the Board of Trustees. In Exhibit 2, her initial appointment, we find that she is only appointed as a member of the Foreign Language Staff for the academic year beginning September 1, 1969, at a salary of $10,720 (this figure was crossed out and the amount of $11,240 inserted in pen and ink apparently as a result of salary adjustment). This appointment notice, which was her initial contract, is signed by defendant Hassler as President of the University and accepted by plaintiff. No reference is contained to any other provisions relative to tenure, class load or assignments. As a matter of fact, the appointment which she accepted provides: “Your duties and hourly semester load will be assigned by the President of the University or his duly appointed representative.”
Exhibits 3 and 3A (3A is a copy which did not reproduce the President’s signature) are likewise signed by defendant Hassler, as President and contain the same language providing for appointment for the academic year beginning September 1, 1970, at a salary of $11,800.
At the bottom of Exhibit 3 appears this language, inserted by the plaintiff: “I accept this contract with the proviso that my signing of it in no way releases the university from the contractual obligations it assumed at the time of the first contract both verbal and written with Dr. Herbert Isar in February 1969”.
It is clear that plaintiff inserted this language on the contract on May 21, 1970, after being notified of her non-retention at the end of the academic year 1970-1971. It will have to be concluded that plaintiff’s contention that there were other terms and conditions and that she was to be given tenure are in conflict with these written contracts and hence attempts to vary their terms cannot succeed under the Pennsylvania Parol Evidence Rule. Gianni v. Russell & Co., 281 Pa. 320, 126 A. 791 (1924). The attempt to vary the terms after she had been notified of her non-retention by inserting the language at the end of Exhibit 3 would in any event be of no effect. The result, if any, would be a proposal from the university and a counter-proposal by the plaintiff which was never accepted by the university and hence no meeting of the minds occurred.
For these reasons, we hold that plaintiff has no contractual rights against the university or any of its officials under Counts 1, 4, 5, 6 and 8 and being a probationary non-tenured employee, was subject to discharge without hearing and without notice of charges, unless as will be discussed later, some element of racial discrimination or restraint on freedom of speech appears in this case which would be the next subject of inquiry under Skehan, supra.
IV. Religious Discrimination.
As the findings of fact indicate, plaintiff was absent in September 1969 during which time she was in Philadelphia, alegedly for celebration of her religious holidays. However, the court has determined it a fact that the main reason for her trip to Philadelphia was to keep medical appointments and not for religious holidays. She arranged coverage during this time.
On April 20, 1970, she made a trip to Philadelphia to celebrate Passover. During this time, she arranged coverage but did not arrange for administration of a written examination to her class which was to have been given either on Monday, April 20, or Wednesday, April 22, of that week. The examination was mailed from Philadelphia late one afternoon with the assurance from the post office that it would be delivered in Indiana, Pennsylvania the next day. We find that plaintiff had no justification in relying upon such delivery, since it is well known that the mails from time to time may be subject to unexpected delays. In any event, the examination was not received in time to administer the same to the students.
We do have in the file letters written by the defendant Henninger which indicate bias against the plaintiff which might be considered anti-semitic. However, defendant Henninger was not a member of the Committee on Merit and Tenure which voted not to retain plaintiff and the court determines any antisemitic bias on her part did not affect the decision for non-retention.
We find no anti-semitic bias on the part of any other members of the Committee on Merit and Tenure, including defendant Faust who presided over the meeting. The hostile letters by defendant Henninger were never sent to plaintiff because Henninger was told not to send them. They did, however, turn up in the Roseman personnel file where they were discovered during the discovery proceedings in this case.
The court concludes that there was no anti-semitic bias present at Indiana University or in any event that plaintiff has not carried her burden of proving by a preponderance of the evidence, that such bias caused her discharge. The court inquired and there was testimony that there were other Jewish members of this faculty; and there is no evidence of any bias against any of them. One of them, as a matter of fact, was on the Committee on Merit and Tenure which voted for plaintiff’s non-retention. The biased letters ' by defendant Henninger were never shown to any potential employer. As a matter of fact, it appears that no potential employer ever made any inquiry relative to plaintiff’s record at Indiana University and hence we cannot conclude that plaintiff was stigmatized in any way by this termination.
It should further be considered that there is no requirement in the law that plaintiff be given time off to attend Passover in Philadelphia, Pennsylvania, over 200 miles distant from Indiana, Pennsylvania. She testified she wanted to observe Passover with members of her family, but this appears to be more a matter of personal convenience than of religious observance. In any event, the university cannot be required to accommodate its scheduling of classes to every possible religious holiday. It is inevitable in any institution such as this that Mohammedans may be required to work on Fridays, that Seventh Day Adventists may have to work on some Saturdays and that Roman Catholics and devout Protestants may be required to work on certain days which are regarded as days for religious observance by them. We therefore find that plaintiff’s claim of discharge for reasons of religious discrimination is without merit.
V. Retaliation for Exercise of Freedom of Speech
It will be noted following the directions in Skehan that “if it is found that either termination or non-renewal was because of the exercise of protected speech (as an example) the procedural due process of the decision is irrelevant because the substantive decision is illegal as a matter of Federal Constitutional Law.” It was further held that, contract rights aside, the allegation that termination was based on the teacher’s exercise of First Amendment rights does not give him a right to a hearing. “Rather, such an allegation of a substantive violation of Federal Constitutional Rights is heard and determined by the court in the first instance.”
The evidence in this case discloses that a faculty controversy existed in the Spring of 1970 among the members of the teaching staff of the Foreign Language Department at Indiana University. This seems to have arisen as a result of the receipt or non-receipt of an application by Dr. James Hyde for the position of Chairman of the Foreign Language Department. It appears that a tentative deadline for receipt of such applications had been set for March 31, 1970, and that the application in question was received by the defendant Faust on April 10, 1970. The application, however, appears to have been turned over to the person in charge of these matters for the screening committee, Dr. Op de Beek, and the court finds no improprieties committed by Mr. Faust. Plaintiff never specifically asked Faust about the receipt of the Hyde Application. On April 5, 1970, however, she had complained to Dean McGovern about the situation, claiming that Faust had wrongfully suppressed the application. On May 5, 1970, Dean McGovern, presiding over a meeting of the teaching staff of the Foreign Language Department, reported the fact that serious accusations had been made against the chairman and invited the plaintiff to step forward and explain them. This she did but the faculty nevertheless gave a vote of confidence to Mr. Faust.
On May 12, 1970, the Committee on Merit and Tenure of the Faculty, consisting of those professors having tenure, voted not to renew plaintiff's contract at the close of the academic year 1970-1971. The minutes of this meeting are contained in defendant’s Exhibit F. The meeting was held May 12, 1970, and at it the cases of plaintiff and Mr. Parker were discussed at length. At the conclusion of the discussion, the question was put: “Should Roseman’s contract be terminated at the end of the 1970-1971 academic year?” The vote was “Yes,” ten, “Abstained,” one.
Later, on May 12, 1970, Faust wrote a letter to plaintiff (Plaintiff’s Exhibit 29) which simply stated that the Committee on Merit and Tenure had voted to recommend that her contract not be renewed at the end of the academic year 1970-1971.
On March 20, 1970, (Plaintiff’s Exhibit 38) there had been a previous meeting of this committee to evaluate plaintiff’s performance, and in that several shortcomings were noted which were brought to her attention. These furnish work-related reasons for non-retention. It was indicated that the committee would meet again for a further discussion of the non-tenured staff.
The court has been greatly troubled about the issue of freedom of speech in this case, particularly in view of the close proximity of the meeting of May 12, 1970, to the faculty meeting of May 5, 1970, at which plaintiff had voiced her complaints as to Mr. Faust. Upon a careful review of all the evidence, however, the court holds that there were adequate work-related reasons for not renewing plaintiff’s contract.
This being a civil case, plaintiff has the burden of proving by a preponderance of the evidence that her non-retention was caused in substantial part by restraint on her freedom of speech and that this was protected free speech. See Skehan, supra.
We have carefully approached the problem in accordance with principles laid down by the United States Supreme Court in Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L. Ed.2d 811 (1968), where the court teaches us that we must balance the teacher’s First Amendment rights as a citizen to comment on matters of public interest against the state’s interest as an employer in maintaining an efficient administration of its school system. The court stated in Pickering that there was no question of maintaining discipline by immediate superiors or harmony among co-workers. In the instant case, we find that this question does-exist. Further in Pickering the court stated:
“The statements are in no way directed towards any person with whom appellant would normally be in contact in the course of his daily work as a teacher.”
In Jones v. Battles, 315 F.Supp. 601 (D.Conn.1970), a non-tenured probationary teacher brought a civil rights action against a local school board following his dismissal for statements during an open public meeting of the Board in which he labeled the Director of Public Education a liar, and challenged the integrity of the Board’s entire administration. The court held that plaintiff’s statements were likely to destroy any future amicable relationship between him and the administration staff and that therefore the discharge was proper for the reason that plaintiff had disabled himself from working effectively and harmoniously within the school system.
In the instant case, plaintiff’s attacks upon Faust’s integrity in a faculty meeting would undoubtedly have the effect of interfering with harmonious relationships with plaintiff’s superiors and co-workers, and we therefore hold that if plaintiff’s remarks in any way contributed to her discharge, they did not constitute protected free speech.
Jones v. Battles, supra, was cited by the district court in Leslie v. Philadelphia 1976 Bicentennial Corporation, 343 F.Supp. 768 (E.D.Pa.1972), aff’d 478 F. 2d 1398 (3d Cir. 1973), where it was held that plaintiff’s discharge by defendant State instrumentality was based both upon her unsatisfactory performance of functions and- by utterances accusing the state instrumentality of racist policies. It was held that such statements were destructive of staff morale and made an efficient working relationship impossible.
Again, in Simard v. Board of Education, 473 F.2d 988 (2d Cir. 1973), a nontenured teacher brought an action when the Board failed to renew his one-year contract. The Second Circuit stated there was ample evidence to support the district court’s conclusion that retaliation for union activity was not the cause of the dismissal but that plaintiff’s insubordinate remarks to his school principal during an encounter in the principal’s office were not protected free speech under Pickering, supra, and that such remarks threatened significant working relationships within the administration of the school.
It is the court’s belief that the federal court should not be embroiled in every controversy occurring among university faculties in this district. This court is not a super board of trustees to engage in constant review of all discharges of probationary employees of state college and university faculties. We must further consider that such involvement would lead also to the review of the non-renewal of all probationary employees in the public school system without tenure. Regardless of these considerations, however, if a preponderance of the evidence shows that the non-retention is based upon a restraint upon a teacher’s protected freedom of speech, we must not hesitate to act.
After the May 12 letter, the matter then moved on to the university senate, which approved the recommendations of the Committee on Merit and Tenure of the Foreign Language Department, and plaintiff’s Exhibit 36 shows the minutes of the trustees, which in December 1970 approved a recommendation by the Dean of Academic Affairs, the Dean of the School of Arts and Sciences, and the Department Chairman involved, together with the recommendations of the university senate committee that the plaintiff be terminated at the close of the then current academic year. The trustees gave the following reasons: “irresponsibility with regard to teaching and advising responsibilities; unauthorized and unwarranted absences from academically scheduled events; is a rebel against any authority; wishes to set her own hours and days; no sense of professional responsibility; abusive to the department chairman.” We therefore find that plaintiff was not renewed for these reasons and not for any legitimate exercise of free speech.
The court again wishes to reiterate that in a case such as this, the balance of the public’s interest in an efficient administration of its school system versus freedom of speech does not require us to condone accusations of misconduct which jeopardize the harmonious functioning of the system. Unwarranted attacks upon superiors and disturbances of harmony in the administrative and professorial staffs do not require the retention of a teacher or professor under the guise of protection of freedom of speech. Tact and ability to work and cooperate with one’s colleagues and ability to impart knowledge of the subject to students are a part of any professor’s qualifications or any public school teacher’s qualifications and are equally as important as is knowledge of the subject matter. In any organization, it is necessary there be at least some discipline and that the organization not be kept in a turmoil by constant accusations of misconduct by subordinates against superiors.
In any event, the defendants Hassler, McGovern and Henninger had no part in the making of the decision not to renew. While Dr. Isar, who made the original commitments to the plaintiff, was present at the meeting of the Committee on Merit and Tenure and voted for her non-renewal, he and Faust constituted only two out of ten members and therefore it cannot be said that their actions caused her non-retention.
For these reasons, the court determines that the failure to retain Miss Roseman was not based upon any protected exercise of freedom of speech.
VI. Tortious Interference With Contractual Relations.
L10-12] Count 7 of the complaint charges that plaintiff’s employment was terminated as the result of “malicious interference with a contractual relationship with Indiana University by the individual defendants as set forth above”. Inasmuch as we have held that there was no contractual relationship to be protected, this should be sufficient to dispose of this count of the complaint. It may be, however, that this count charges a tortious interference with business relations as described in Retatement of Torts, Section 766, which reads:
“Except as stated in Section 698, one who, without a privilege to do so, induces or otherwise purposely causes a third person not to
(a) perform a contract with another, or
(b) enter into or continue a business relation with another
is liable to the other for the harm caused thereby.”
It will be noted, however, that this section of the Restatement of Torts which has been adopted by the Pennsylvania Supreme Court as the law of Pennsylvania (See Glenn v. Point Park College, 441 Pa. 474, 272 A.2d 895 (1971) only covers a person who without privilege to do so induces or otherwise purposely causes a third person, etc. Certainly, communications between subordinate faculty members and the deans and officers and trustees of a university with respect to employment matters of other members of the faculty should be regarded as privileged but, in any event, it has been held that this section of the Restatement was never intended to cover a situation involving an employee and his employer. See decision of this court in Johnson v. University of Pittsburgh (Civil Action 73-120, June 4, 1974). It only applies to attempts to induce third persons not to deal. In any event, because there were no contractual relations protected, we will find for the defendants on this count of the complaint.
VII. Questions of Laches and The Statute of Limitations.
Nowhere in the answer is the statute of limitations raised. Under Rule 8(c) the statute of limitations is an affirmative defense to be pleaded in the answer. This was not done. It did not appear in the case until the amended motion for summary judgment was filed July 22, 1974, one week before final non-jury trial. While we recognize that the defense of the statute of limitations does apply to an action for enforcement of civil rights (Ammlung v. Chester, 494 F.2d 811 (3d Cir. 1974), nevertheless since this defense was not pleaded, we refuse to recognize it in this case. It will be noted that we are not considering whether the statute of limitations can be raised on a motion to dismiss because it was not so raised in this case. The pretrial order of May 14, 1974, limited the parties to the issues set forth in the pretrial narrative statements and stipulations filed and nothing in these documents raised the issue of the statute of limitations. In view of our disposition of the case on the merits, however, for the defendants this is a matter of no great moment.
The same is true of the defense of laches. This was raised in paragraph seven of the answer. Defendant now contends that the defense of laches includes the defense of the statute of limitations. In many cases, it is true that laches is often determined by analogy to the applicable statute of limitations. Gruca v. U. S. Steel Corp., 495 F.2d 1252 (3d Cir. 1974). Under the Rules as laid down in Gruca by our circuit and also its decision in Burke v. Gateway Clipper, Inc., 441 F.2d 946 (3d cir. 1971), plaintiff may or may not be guilty of laches. She constantly protested her firing and discharge and the record indicates that she continued protesting while endeavoring to secure counsel. The record further indicates that the defendants and the Commonwealth were aware of her complaints relative to her non-retention and were making attempts to settle the matter by offering her a late hearing following the dismissal on conditions which she and her counsel with some justification found unacceptable. If a due process hearing had been required, one offered after termination is not a proper substitute. Skehan, supra.
We do not, however, have the necessary facts as to prejudice resulting to defendants from plaintiff’s delay in bringing her complaints to court to reach a firm determination of this question and such determination is unnecessary in view of the disposition on the merits.
Also in view of the finding for the defendants on the merits, it becomes unnecessary to dispose of the motions for summary judgment but in order to clear the record, they should be treated as pro forma denied.
CONCLUSIONS OF LAW
1. The court has jurisdiction of the subject matter of this case and of the parties except defendant Indiana University of Pennsylvania which has been dismissed as a defendant.
2. No enforceable contract for continuous employment exists or has existed between the plaintiff and the defendants for employment of the plaintiff as an associate professor or in any other capacity at Indiana University of Pennsylvania beyond the end of the school year 1970-1971.
3. The plaintiff had no property rights in her employment at Indiana University and had no rights to tenure. Without tenure there could be no reasonable objective expectation of continuous employment.
4. Any purported understanding whereby plaintiff was to be employed with tenure or on a permanent basis beyond the end of the school year 1970-1971 is void as being in conflict with Pennsylvania State law and in violation of the Pennsylvania Parol Evidence Rule.
5. The refusal to renew plaintiff's employment beyond the end of the school year 1970-1971 was not caused by religious discrimination as claimed in Count 2 of the complaint.
6. The refusal to renew plaintiff’s employment beyond the end of the school year 1970-1971 did not constitute an impermissible restraint upon her freedom of speech.
7. The refusal to renew plaintiff’s employment beyond the end of the school year 1970-1971 was caused by valid work related reasons.
8. Since plaintiff had no contractual rights in the continuance of her employment and she was not stigmatized by nonrenewal, she had no right to a hearing upon the refusal to renew her employment beyond the end of the school year 1970-1971.
9. The plaintiff’s claims for additional amounts of salary based upon her being placed upon the wrong step in the pay scale and for work requiring in excess of twelve hours per week as set forth in Counts 5 and 6 of the complaint are denied because such pay was not in accordance with the terms of the contract.
10. There was no tortious interference by the defendants with plaintiff’s contractual relations or prospects of contractual relations with Indiana University which gave rise to a cause of action under Restatement of Torts, Section 766.
11. Any claims for breach of contract with respect to assignment of courses to the plaintiff as contained in Count 8 should be denied as not in accordance with the terms of her contract and the court finding that there was no binding agreement to the contrary.
12. Defendants’ claim of the bar of the statute of limitations should be rejected as not having been properly raised in this case and therefore waived.
13. Judgment should be entered for the defendant upon all counts of the complaint.
14. The plaintiff should pay the costs of this proceeding.
An appropriate judgment order will be entered.
. “While the mutual agreements are signed or re-signed each year, the new member of the faculty understands that his employment is to be on a year to year basis for a proba
tionamj period of three years unless initially specified otherwise. After the expiration of the probationary period of three years the University must either employ the faculty member on a continuous basis or serve notice that employment will be automatically terminated at the expiration of the fourth year of employment. Should the University wish to terminate probationary employment before the expiration period of three years, the affected faculty member must be notified in writing by the President of such termination no later than December 15 of the contract year of termination. After the three-year probationary period has been passed and the faculty member’s services have been judged to be satisfactory, the faculty member is judged to be in continuous employment until the retirement age set by the University or until he resigns or until some pertinent event causes a change in status.”
| CASELAW |
How Long Does the Zika Virus Last in the Body & Transmission, Prevention of Zika Virus
Zika virus is a mosquito-borne viral infection. This article discusses the details about how long does the Zika virus last in the body. It also details about the transmission and prevention of Zika virus.
How Long Does Zika Virus Last In The Body?
How Long Does Zika Virus Last In The Body?
The most commonly asked question is how long does Zika virus last in the body? The virus spreads when a mosquito bites an infected person and becomes a carrier of the virus. This infected mosquito then bites another person, and the virus enters that person’s bloodstream. It is commonly spread by the bite of an infected Aedes aegypti mosquito.1 The virus is also known to spread through sexual contact and blood transfusion.
The people infected with zika virus usually present no signs and symptoms, while a few might report fever, rash, and muscle pain. If infected during pregnancy zika virus can lead to miscarriage, microcephaly, and also Gullian-Barre syndrome. The virus can also pass on to the fetus during pregnancy.
Zika virus symptoms begin two to seven days after being bitten by an infected mosquito. A person might experience mild fever, rash, and joint or muscle pain. There might also be a headache and redness of eyes.
Now coming back to the question how long does Zika virus last in the body, according to the published researches, the zika virus was not seen in the man’s semen after a period of three months. According to this the guidelines from VCDC recommend that the infected men use a condom or abstain from sex 6 months after the zika virus infection. A very little virus is found in the saliva and the vaginal secretions, but linger in blood serum and urine for weeks. In most men, the virus disappears from the semen by 81 days.
Know About Transmission and Prevention of Zika Virus
It is important to know about transmission and prevention of Zika virus. It not only helps in better management but also helps control spread of infection. Zika virus is transmitted from one person to another through,
Mosquito Bite- The mosquito becomes infected by biting the already infected person. It then becomes the carrier of the virus. The infected mosquito then spreads the virus from one person to another by biting them.
From Mother to Child- A pregnant female can pass the virus to the fetus during pregnancy. The virus leads to microcephaly and other brain defects. Zika virus is also found in breast milk. But there is no surety of it being transmitted to the babies who breastfeed and are found positive for Zika virus.
Through Sex- Zika virus passes from one partner to another during sexual intercourse. Zika virus remains in the semen longer than any other body fluid i.e. vaginal fluid, urine, and blood.
Through Blood Transfusion- There are not much of the confirmed reports or studies on transmission of zika virus through blood. The virus remains in the blood for weeks and is thought to be transmitted from one person to another if a blood transfusion is done.
Laboratory and Healthcare Setting- There are certain reports of zika virus being transmitted via laboratory settings, though the route is not very clear.
Prevention of Zika Virus Infection
There is no vaccine for zika virus, but a few steps taken can prevent you from contracting the disease-
The best way to prevent illness is to protect yourself from the mosquitoes. Wear long sleeve shirts and pants. Use effective mosquito repellents which are available in many forms such as coils, creams, and patches. Sleep under a mosquito net if you live in a zika-prone area.
Avoid unprotected sex, if your partner has traveled to an area with the risk of Zika.
If infected with Zika, avoid mosquito exposure, to avoid the illness from spreading. This will prevent the mosquito from being infected and further disease transmission.
Pregnant women should avoid travelling to areas with Zika outbreaks.
References:
Also Read: | ESSENTIALAI-STEM |
Hellmut Ludwig Späth
Hellmut Ludwig Späth (4 December 1885 – 15 February 1945) was a German botanist and plant nursery owner, murdered by the Nazi party. His nursery is now Späth-Arboretum.
Biography
He was born 4 December 1885, the son of Franz and Wilhelmine Späth, became the sixth and last manager of the Späth nursery on the death of his father in 1913. After studies at Cambridge, Hellmut returned to Berlin in 1910 and received his doctorate in 1912 from the Berlin Agricultural College. His dissertation was titled, The Locust Drive - a contribution to the knowledge of periodicity and annual ring formation in deciduous woody plants, and was published by Paul Parey.
Hellmut revived the nursery's fortunes during the Depression by joining the Nazi Party and obtaining lucrative landscaping contracts for the new autobahns and other public works. However, his outspoken criticism of the Nazi regime saw him incarcerated in Sachsenhausen concentration camp, where he was executed by firing squad in 1945. The nursery had closed in 1944, and in 1947 the arboretum passed into public ownership and became known as the Späthsches Arboretum.
In 2009, a Stolperstein (small, cobble stone-sized memorial plaque) was installed at his old school, Landesschule Pforta, to commemorate Späth as a victim of the Nazi regime. | WIKI |
Solanine
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Not to be confused with Solanin.
α-Solanine
Solanine.svg
Solanine 3d structure.png
Names
IUPAC name
(2S,3R,4S,5S,6R)-2-(((2R,3S,4S,5R,6R)-3-hydroxy-2-(hydroxymethyl)-5-(((2R,3R,4R,5R,6S)-3,4,5-trihydroxy-6-methyltetrahydro-2H-pyran-2-yl)oxy)-6-(((4S,6aR,6bS,8aS,8bR,9S,9aR,14aS,15aS,15bS)-6a,8a,9-trimethyl-3,4,5,6,6a,6b,7,8,8a,8b,9,9a,10,11,12,13,14a,15,15a,15b-icosahydro-1H-naphtho[2',1':4,5]indeno[1,2-b]indolizin-4-yl)oxy)tetrahydro-2H-pyran-4-yl)oxy)-6-(hydroxymethyl)tetrahydro-2H-pyran-3,4,5-triol
Identifiers
20562-02-1 N
ChEBI CHEBI:9188 N
ChemSpider 28033 N
Jmol 3D model Interactive image
PubChem 6537493
UNII 3FYV8328OK YesY
Properties
C45H73NO15
Molar mass 868.06
Appearance white crystalline solid
Melting point 271 to 273 °C (520 to 523 °F; 544 to 546 K)
Except where otherwise noted, data are given for materials in their standard state (at 25 °C [77 °F], 100 kPa).
N verify (what is YesYN ?)
Infobox references
Solanine is a glycoalkaloid poison found in species of the nightshade family (Solanaceae), such as the potato (Solanum tuberosum), the tomato (Solanum lycopersicum), and the eggplant (Solanum melongena). It can occur naturally in any part of the plant, including the leaves, fruit, and tubers. Solanine has pesticidal properties, and it is one of the plant's natural defenses. Solanine was first isolated in 1820 from the berries of the European black nightshade (Solanum nigrum), after which it was named.[1]
Solanine poisoning[edit]
Symptoms[edit]
Solanine poisoning is primarily displayed by gastrointestinal and neurological disorders. Symptoms include nausea, diarrhea, vomiting, stomach cramps, burning of the throat, cardiac dysrhythmia, nightmare, headache and dizziness. In more severe cases, hallucinations, loss of sensation, paralysis, fever, jaundice, dilated pupils, hypothermia, and death have been reported.[citation needed]
Ingestion of solanine in moderate amounts can cause death. One study suggests that doses of 2 to 5 mg/kg of body weight can cause toxic symptoms, and doses of 3 to 6 mg/kg of body weight can be fatal.[2]
Symptoms usually occur 8 to 12 hours after ingestion, but may occur as rapidly as 30 minutes after eating high-solanine foods.
Mechanism of action[edit]
Solanum glycoalkaloids can inhibit cholinesterase, disrupt cell membranes, and cause birth defects.[3] One study suggests that the toxic mechanism of solanine is caused by the chemical's interaction with mitochondrial membranes. Experiments show that solanine exposure opens the potassium channels of mitochondria, decreasing their membrane potential. This, in turn, leads to K+ being transported from the mitochondria into the cytoplasm, and this increased concentration of K+ in the cytoplasm triggers cell damage and apoptosis.[4]
Correlation with birth defects[edit]
Some studies show a correlation between the consumption of potatoes suffering from late blight (which increases solanine and other glycoalkaloid levels) and the incidence of congenital spina bifida in humans.[citation needed] However, other studies have shown no correlation between potato consumption and the incidence of birth defects.[5]
In potatoes[edit]
Green potatoes usually have elevated levels of solanine and should not be eaten.
Solanine occurs naturally in many species of the genus Solanum, including the potato (Solanum tuberosum), tomato (Solanum lycopersicum), eggplant (Solanum melongena), and bittersweet nightshade (Solanum dulcamara).
Potatoes naturally produce solanine and chaconine, a related glycoalkaloid, as a defense mechanism against insects, disease, and herbivores. Potato leaves, stems, and shoots are naturally high in glycoalkaloids.
When potato tubers are exposed to light, they turn green and increase glycoalkaloid production. This is a natural defense to help prevent the uncovered tuber from being eaten. The green colour is from chlorophyll, and is itself harmless. However, it is an indication that increased level of solanine and chaconine may be present. In potato tubers, 30–80% of the solanine develops in and close to the skin, and some potato varieties have high levels of solanine.
Some potato diseases, such as late blight, can dramatically increase the levels of glycoalkaloids present in potatoes. Tubers damaged in harvesting and/or transport also produce increased levels of glycoalkaloids; this is believed to be a natural reaction of the plant in response to disease and damage.
In the 1970s, solanine poisoning affected 78 schoolboys in Britain. Due to immediate and effective treatments, no one died.[6]
Green colouring under the skin strongly suggests solanine build-up in potatoes, although each process can occur without the other. A bitter taste in a potato is another, potentially more reliable indicator of toxicity. Because of the bitter taste and appearance of such potatoes, solanine poisoning is rare outside conditions of food shortage. The symptoms are mainly vomiting and diarrhea, and the condition may be misdiagnosed as gastroenteritis. Most potato poisoning victims recover fully, although fatalities are known, especially when victims are undernourished or do not receive suitable treatment.[6] Fatalities are also known from solanine poisoning from other plants in the nightshade family, such as the berries of Solanum dulcamara (woody nightshade).[7]
The United States National Institutes of Health's information on solanine strongly advises against eating potatoes that are green below the skin.[8]
Home processing methods (boiling, cooking, frying, and microwaving) have small and variable effects on glycoalkaloids. For example, boiling potatoes reduces the α-chaconine and α-solanine levels by only 3.5% and 1.2%, respectively; the corresponding loss during microwaving is 15%. Deep-frying at 150 °C (302 °F) does not result in any measurable change; significant degradation starts at ∼170 °C (338 °F), and deep-frying at 210 °C (410 °F) for 10 min causes a loss of ∼40%.[9] Freeze-drying or dehydration has little effect.[10]
In tomatoes[edit]
Some, such as the California Poison Control System, have claimed that tomatoes and tomato leaves contain solanine.[citation needed] However, Mendel Friedman of the federal Department of Agriculture contradicts this claim, stating that tomatine, a relatively benign alkaloid, is the tomato alkaloid while solanine is found in potatoes. Food science writer Harold McGee has found scant evidence for tomato toxicity in the medical and veterinary literature.[11]
See also[edit]
References[edit]
1. ^ Desfosses, M. (1820): Extrait d'une lettre à M. Robiquet. In: J. de Pharmacie. Bd. 6, S. 374–376.
2. ^ Executive Summary of Chaconine & Solanine Archived 15 August 2006 at the Wayback Machine.
3. ^ Friedman, Mendel; McDonald, Gary M. (1999). "Postharvest Changes in Glycoalkaloid Content of Potatoes". In Jackson, Lauren S.; Knize, Mark G.; Morgan, Jeffrey N. Impact of Processing on Food Safety. Advances in Experimental Medicine and Biology. 459. pp. 121–43. doi:10.1007/978-1-4615-4853-9_9. ISBN 978-1-4615-4853-9. PMID 10335373.
4. ^ Gao, Shi-Yong; Wang, Qiu-Juan; Ji, Yu-Bin (2006). "Effect of solanine on the membrane potential of mitochondria in HepG2 cells and [Ca2+]i in the cells". World Journal of Gastroenterology. 12 (21): 3359–67. doi:10.3748/wjg.v12.i21.3359 (inactive August 17, 2015). PMC 4087866free to read. PMID 16733852.
5. ^ "Solanine and Chaconine". Retrieved 31 May 2009.
6. ^ a b "Solanine poisoning". BMJ. 2 (6203): 1458–9. 1979. doi:10.1136/bmj.2.6203.1458-a. PMC 1597169free to read. PMID 526812.
7. ^ Alexander, R. F.; Forbes, G. B.; Hawkins, E. S. (1948). "A Fatal Case of Solanine Poisoning". BMJ. 2 (4575): 518. doi:10.1136/bmj.2.4575.518. PMC 2091497free to read. PMID 18881287.
8. ^ MedlinePlus Encyclopedia Potato plant poisoning - green tubers and sprouts
9. ^ Friedman, Mendel (2006). "Potato Glycoalkaloids and Metabolites: Roles in the Plant and in the Diet". J. Agric. Food Chem. 54 (23): 8655–8681. doi:10.1021/jf061471t. PMID 17090106.
10. ^ "Review of Toxicological Literature prepared for Errol Zeiger, PhD, National Institute of Environmental Health Sciences, Submitted by Raymond Tice". Testing Status of Agents at NTP (National Toxicology Program). February 1998. Archived from the original on 2013-01-18.
11. ^ McGee, Harold (2009-07-29). "Accused, Yes, but Probably Not a Killer". The New York Times. Retrieved 2010-05-23.
External links[edit] | ESSENTIALAI-STEM |
Firdavsbek Musabekov
Firdavsbek Musabekov is a visually impaired Uzbekistani Paralympic swimmer. He is a gold medalist at the 2016 Summer Paralympics held in Rio de Janeiro, Brazil.
Career
He represented Uzbekistan at the 2016 Summer Paralympics held in Rio de Janeiro, Brazil and he won one of the gold medals in the men's 100 metre breaststroke SB13 event. Oleksii Fedyna, representing Ukraine, also won a gold medal as both swimmers finished with a time of 1:04.94.
At the 2019 World Para Swimming Championships held in London, United Kingdom, he won the silver medal in the men's 100m breaststroke SB13 event.
He also represented Uzbekistan at the 2020 Summer Paralympics in Tokyo, Japan. | WIKI |
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the key element in the determination of the hematocrit
A Microcentrifuge is a specialized centrifugal machine used in the clinical laboratory. It rotates a smaller sample to rotationally separate its components or phases (usually a solid and a liquid), depending on its density. This is for use for capillary tubes. In this method the blood is centrifuged in capillary tubes for hematocrit until the maximum density of cell compaction is reached, therefore, the microcentrifuge is a key equipment for the determination and manual verification of the hematocrit value.
Some types of microcentrífuges
Microcentrifuges are divided into several types, but the most used are:
-High speed microcentrifuge.
-Refrigerated high-speed microcentrifuge.
What information provides the determination of the hematocrit?
The hematocrit value indicates the volumetric percentage of erythrocytes in blood. The reference method for determining the hematocrit is centrifugation. By centrifugation, the solid components of the blood are separated from the liquids and packed hermetically. Then, the glass capillary tubes “are centrifuged until the product reaches a minimum relative centrifugal acceleration that acts on the erythrocytes (RCF> 5.000)”
The hematocrit is the percentage of the total volume of blood composed of red blood cells. The average values vary between 40.3 and 50.7% in men, and between 36.1 and 44.3% in women, due to the greater musculature and therefore greater need for oxygen of the first.
These figures can change according to various physiological factors, such as the age and physical condition of the subject. It is an integral part of the blood count, along with the measurement of hemoglobin, and the count of leukocytes and platelets. A low level of erythrocytes causes anemia; there are numerous factors that can contribute to develop anemia, such as low iron intake; or patients with chronic kidney disease, who do not generate enough erythropoietin to stimulate the production of red blood cells in the bone marrow. The increase in the hematocrit indicates a polycythemia (increase in the number of red blood cells).
Determination of the hematocrit with standard capillary tubes
The hematocrit can be determined by centrifugation of heparinized blood in a capillary tube (also known as a microhematocrit tube) at 10,000 rpm for five minutes. This separates the blood into layers. The volume of red blood cell concentrate, divided by the total volume of the blood sample gives the hematocrit. Because a tube is used, this can be calculated by measuring the lengths of the layers.
What are the steps to follow for determination?
To determine the hematocrit, the following steps must be followed:
-Filling: When filling the capillary tubes, it must be taken into account that the end opposite the filling hole remains dry. To determine the hematocrit, the capillary tubes will be filled up to approx. 75%. of your capacity.
-Closing: The dry end of the capillary tubes must be closed with putty. To do this, the capillary tubes should be punctured in the putty vertically until the edge of the capillary tubes touches the bottom of the putty plate. Tilt the capillary tubes slightly to the side and remove them from the putty.
-Centrifugation: Place them with the closed end facing outward into the hematocrit rotor and replace the rotor cover.
-Then proceed to reading: through a scale for the reading of hematocrits.
In Kalstein we offer microcentrifuges for hematocrit of the highest technology. That’s why we invite you to take a look at our microcentrifuges available HERE | ESSENTIALAI-STEM |
McDowell, West Virginia
McDowell is an unincorporated community in McDowell County, West Virginia, United States. McDowell is 3.5 mi east-southeast of Northfork.
The community most likely was named after the local McDowell Coal and Coke Company. | WIKI |
Microbiota in the pathogenesis of COPD and its impact on the course of the disease
Clinical Microbiology and Antimicrobial Chemotherapy. 2022; 24(3):202-212
Type
Review
Abstract
Chronic obstructive pulmonary disease (COPD) is a serious problem for global health. Infectious agents play a main role in the development of COPD exacerbations. Bacterial colonization of the lower respiratory tract is common in patients with stable COPD. The role of microbiota and host immune response to potential pathogens is not well studied. Microbiota composition disorders in respiratory tract are found in patients with COPD and associated with maladaptive changes in the immune system of the lungs and increased level of inflammation. This review investigates role of microbiota in the pathogenesis of COPD and its impact on the course of the disease. Some important issues such as pneumococcal vaccination and antimicrobial resistance of respiratory pathogens are also discussed.
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-- Don’t Underestimate Iran’s Election Upset
Iran ’s presidential election
presents a paradox. The vote was free enough for Hassan Rohani
to score a shocking win and for the favored conservative
candidate to finish a dismal third. And yet it was blatantly
unfair because hundreds of reformist and pragmatic candidates
were blocked from running. For policymakers in the U.S. and Europe, this presents a
challenge: How should they respond to this remarkable upset
victory for Rohani, who was the eventual candidate of Iranian
reformists and is also a regime-approved insider? In answering this question, it is essential that
governments don’t just focus on how much influence the new
president will or won’t have on the Iran’s nuclear negotiations
with the major world powers. What he does to expand individual
liberties within the country will be at least as important. To borrow a slogan from President Barack Obama ’s first
election campaign, this vote was about hope and change. Iranians
were deeply disillusioned by President Mahmoud Ahmadinejad’s
stolen re-election in 2009. That ballot box theft and the
failure of huge popular protests to overturn it made Iranians
skeptical of their ability to change anything. Nevertheless,
turnout on Friday exceeded 72 percent according to the interior
ministry, a level the U.S. hasn’t managed in a century. Under the most difficult political circumstances, Iran’s
electorate broke with eight years of Ahmadinejad’s intemperate
rule and cast scorn on Supreme Leader Ali Khamenei’s
apparatchiks. Voters chose in Rohani a man who had promised to
establish a ministry for women’s affairs, aimed at restoring
some of their “trampled rights,” and rejected former nuclear
negotiator Saeed Jalili, who said during the campaign that women
are best kept as mothers. Rohani won almost 51 percent of the
vote, according to preliminary results, avoiding the need for a
run-off. Rohani’s victory therefore marks a pivotal moment for Iran.
He certainly will serve in the shadow of Supreme Leader Ali
Khamenei, but it is a serious mistake to believe that the new
president will be powerless. In the 1990s, Presidents Ali Akbar Rafsanjani and Mohammad Khatami both put their personal stamps on Iranian policy,
foreign and domestic. They moderated the bellicose government
rhetoric of the 1980s, emphasized economic development (even
American oil companies flooded back into Iran), and cooperated
with the U.S. and its allies in the early days of the war in
Afghanistan . Ahmadinejad came to office intent on confrontation with the
regime’s perceived enemies. He dismissed the threat that the
international dispute over Iran’s nuclear program would be
referred to the United Nations Security Council , and welcomed
sanctions as good for the economy. He also deeply embarrassed
many liberal-minded Iranians with his denials of the Holocaust
and generally crass manner. Rohani’s power to shape policy in the two areas of great
interest to the U.S. and Europe -- Iran’s nuclear program and
its assistance to the regime of Syrian President Bashar al-Assad
-- will be limited, constraining his ability to deliver on
campaign promises to ease tensions and thereby ease Iran’s
economic woes. The Iranian Revolutionary Guard Corps, a parallel military
organization to the regular army and a major player in the
Iranian economy, is deeply invested in the Syrian civil war, and
may even benefit from the smuggling opportunities created by
sanctions. The negotiations over the nuclear program, meanwhile,
have fallen increasingly under the purview of Khamenei since
Rohani led them as chief negotiator in the mid-2000s. As during Ahmadinejad’s final years, the key battles for
Rohani may be over personnel. It will be a positive sign, for
example, if Rohani is able to influence who succeeds his
defeated rival Jalili as Iran’s nuclear negotiator. Even if
Rohani is cut out of the nuclear talks, he may yet play an
important role in shaping opinion, easing the path to an
eventual compromise. Despite appearances, the supreme leader
pays attention to what the public and elites think. In 2009, for
instance, Khameini allowed a nuclear fuel swap to be negotiated
with the West, but then quashed it after vigorous opposition
from parliament. The U.S. and Europe need to seize any opportunities that
Rohani creates, putting meaningful sanctions relief on the table
in exchange for concrete and verifiable reductions in Iran’s
nuclear capability. If they instead meet any overtures with
sullen distrust, Rohani’s political rivals will use the failure
against him. These geopolitical issues aren’t the only ones that matter,
though. Iranians live under an autocratic, repressive and
economically stagnating system. Anything that eases those
conditions is an unalloyed good. More important, the events of
the past several years underscore that evolutionary political
change is far preferable, both to its participants and
bystanders, to the revolutionary violence witnessed in places
like Syria . Rohani’s regime credentials may allow him to serve
as a bridge figure, capable of couching modest reforms terms
that are politically acceptable to the hardliners. Another way to judge his intentions and influence will be
in his handling of former presidential candidates Mehdi Karroubi
and Mir Hossein Mousavi, leaders of the Green Movement that was
crushed in 2009, who have been under house arrest for two years.
Their detention is a reminder of the cruel realities of the
Islamic Republic, where bloggers and journalists are routinely
jailed, freedom of information and association are tightly
curtailed and minorities are frequently treated as second-class
citizens. If Rohani frees Karroubi and Mousavi, whose supporters
were ecstatic at Friday’s election result, it would be very
encouraging. It is understandable that we, on the outside, treat
geopolitical issues as the litmus tests of Iran’s trajectory.
But if Rohani can start renewing and protecting cultural, social
and political freedoms, the longer-term effects may be just as
consequential for the rest of the world. (Shashank Joshi is a research fellow at the Royal United
Institute in London .) To contact the writer of this article:
Shashank Joshi at joshi@fas.harvard.edu To contact the editor responsible for this article:
Marc Champion at mchampion7@bloomberg.net | NEWS-MULTISOURCE |
Ferdynand Stokowski
Ferdynand Ignacy Stokowski (26 August 1776, in Sierpowie – 1827) was a Polish officer in the French army of the Napoleonic Wars. He was one of the squadron commanders of the Polish 1st Light Cavalry Regiment of the Imperial Guard and made a baron de l'Empire in 1811, before being dismissed from the French army with the rank of brigadier general. | WIKI |
CSE176 Introduction to Machine Learning Homework set #2 SOLVED
$25.00
Category:
Description
Exercise 1: Euclidean distance classifier (10 points). A Euclidean distance classifier represents
each class k = 1, . . . , K by a prototype vector µk ∈ R
D and classifies a pattern x ∈ R
D as the class of its
closest prototype: k
∗ = arg mink=1,…,K kx − µkk. Prove that a Gaussian classifier with shared isotropic
covariances (i.e., of the form Σk = σ
2
I for k = 1, . . . , K, where σ > 0) and equal class priors (i.e.,
p(C1) = · · · = p(CK) = 1
K
) is equivalent to a Euclidean distance classifier. Prove the class discriminant
functions g1(x), . . . , gK(x) are linear and give the expression that defines them.
Exercise 2: bias and variance of an estimator (20 points). Assume we have a sample X =
{x1, . . . , xN } ⊂ R of N iid (independent identically distributed) scalar random variables, each of which
is drawn from a Gaussian distribution N (µ, σ2
) with µ ∈ R and σ > 0. We want to estimate the mean
µ of this Gaussian by computing a statistic of the sample X . Consider the following four different
statistics of the sample:
1. φ1(X ) = 7.
2. φ2(X ) = x1.
3. φ3(X ) = 1
N
PN
n=1 xn.
4. φ4(X ) = x1x2.
For each statistic φ, compute:
• (2 points) Its bias bµ(φ) = EX {φ(X )} − µ.
• (2 points) Its variance var {φ} = EX {(φ(X ) − EX {φ(X )})
2}.
• (1 point) Its mean square error e(φ, µ) = EX {(φ(X ) − µ)
2}.
Based on that, answer the following for each estimator (statistic): is it unbiased? is it consistent?
Hint: expectations wrt the distribution of the N-point sample X are like this one:
EX {φ(X )} =
Z
φ(x1, . . . , xN ) p(x1, . . . , xN ) dx1 . . . dxN
iid=
Z
φ(x1, . . . , xN ) p(x1). . . p(xN ) dx1 . . . dxN .
Exercise 3: PCA and LDA (30 points). Consider 2D data points coming from a mixture of two
Gaussians with equal proportions, different means, and equal, diagonal covariances (where µ, σ1, σ2 > 0):
x ∈ R
2
: p(x) = π1 p(x|1) + π2 p(x|2) p(x|1) ∼ N (µ1
, Σ1), p(x|2) ∼ N (µ2
, Σ2),
π1 = π2 =
1
2
, µ1 = 0, µ2 =
µ
0
, Σ1 = Σ2 =
σ
2
1
0
0 σ
2
2
.
1. (5 points) Compute the mean µ and covariance Σ of the mixture distribution p(x).
Hint: let p(x) = PK
k=1 πk p(x|k) for x ∈ RD be a mixture of K densities, where π1, . . . , πK ∈ [0, 1] and PK
k=1 πk = 1 are the
component proportions (prior probabilities) and p(x|k), for k = 1, . . . , K, the component densities (e.g. Gaussian, but not necessarily).
Let µk = Ep(x|k) {x} and Σk = Ep(x|k)
(x − µk
)(x − µk
)
T
be the mean and covariance of component density k, for k = 1, . . . , K.
Then, the mean and covariance of the mixture are (you should be able to prove this statement):
µ = Ep(x) {x} =
XK
k=1
πkµk Σ = Ep(x)
n
(x − µ)(x − µ)
T
o
=
XK
k=1
πk
Σk + µkµ
T
k
− µµT
.
2. (5 points) Compute the eigenvalues λ1 ≥ λ2 ≥ 0 and corresponding eigenvectors u1, u2 ∈ R
2 of
Σ. Can we have λ2 > 0?
3. (2 points) Find the PCA projection to dimension 1.
4. (5 points) Compute the within-class and between-class scatter matrices SW , SB of p.
5. (6 points) Compute the eigenvalues ν1 ≥ ν2 ≥ 0 and corresponding eigenvectors v1, v2 ∈ R
2 of
S
−1
W SB. Can we have ν2 > 0?
6. (2 points) Compute the LDA projection.
7. (5 points) When does PCA find the same projection as LDA? Give a condition and explain it.
Exercise 4: variations of k-means clustering (30 points). Consider the k-means error function:
E({µk}
K
k=1,Z) = X
N
n=1
X
K
k=1
znkkxn − µkk
2
s.t. Z ∈ {0, 1}
NK, Z 1 = 1
over the centroids µ1
, . . . , µK and cluster assignments ZN×K, given training points x1, . . . , xN ∈ R
D.
• Variation 1: in k-means, the centroids can take any value in R
D: µk ∈ R
D ∀k = 1, . . . , K. Now
we want the centroids to take values from among the training points only: µk ∈ {x1, . . . , xN }
∀k = 1, . . . , K.
1. (8 points) Design a clustering algorithm that minimizes the k-means error function but
respecting the above constraint. Your algorithm should converge to a local optimum of the
error function. Give the steps of the algorithm explicitly.
2. (2 points) Can you imagine when this algorithm would be useful, or preferable to k-means?
• Variation 2: in k-means, we seek K clusters, each characterized
by a centroid µk
. Imagine we seek instead K lines (or hyperplanes,
in general), each characterized by a weight vector wk ∈ R
D and
bias wk0 ∈ R, given a supervised dataset {(xn, yn)}
N
n=1 (see figure).
Data points assigned to line k should have minimum least-squares
error P
n∈line k
(yn − wT
k xn − wk0)
2
.
x
y
1. (8 points) Give an error function that allows us to learn the lines’ parameters {wk, wk0}
K
k=1.
2. (12 points) Give an iterative algorithm that minimizes that error function.
Exercise 5: mean-shift algorithm (10 points). Consider a Gaussian kernel density estimate
p(x) = X
N
n=1
p(x|n)p(n) = 1
N(2πσ2
)
D/2
X
N
n=1
e
− 1
2 k
x−xn
σ k
2
x ∈ R
D.
Derive the mean-shift algorithm, which iterates the following expression:
x ←
X
N
n=1
p(n|x)xn where p(n|x) = p(x|n)p(n)
p(x)
=
exp
1
2
k(x − xn)/σk
2
PN
n′=1 exp
1
2
k(x − xn′)/σk
2
until convergence to a maximum of p (or, in general, a stationary point of p, satisfying ∇p(x) = 0).
Hint: take the gradient of p wrt x, equate it to zero and rearrange the resulting expression.
Bonus exercise: nonparametric regression (20 points). Consider the Gaussian kernel smoother
g(x) = X
N
n=1
K
k(x − xn)/hk
PN
n′=1 K
k(x − xn′)/hk
yn where K
x − xn
σ
∝ exp
1
2
k(x − xn)/σk
2
estimated on a training set {(xn, yn)}
N
n=1 ⊂ R
Dx × R
Dy
.
1. (7 points) What is g(x) if the training set has only one point (N = 1)? Explain.
Sketch the solution in 1D (i.e., when both xn, yn ∈ R).
Compare with using a least-squares linear regression.
2. (13 points) Prove that, with N = 2 points, we can write g(x) = α(x) y1 + (1 − α(x)) y2 where
α(x) can be written using the logistic function. Give the detailed expression for α(x).
Sketch the solution in 1D.
Compare with using a least-squares linear regres | ESSENTIALAI-STEM |
It’s almost impossible to imagine wars without deaths and injuries. In fact, even the shortest war between Britain and Zanzibar in 1896 (full story here) that only lasted for 38 minutes had 500 casualties. The idea that the longer the war, the more people die or are injured is not a wrong assumption. There was one war (although many contests its existence) that lasted for 335 long years, so you could just imagine how many lives were lost for a battle that long, right? Well, there was none.
How It Started
Just like many other wars in history during that era, the 335-year war all started because of the conflict called the English Civil War from 1642 to 1651.
The British were divided into two forces: The Royalists, who were supporters of the British monarchy led by King Charles I, and the Parliamentarians fighting for a democratic government whose leader was Oliver Cromwell. Not much different from the situations that we now have, when external forces aid the side they supported, another country came in. In this case, it was the just-got-independent Kingdom of the Netherlands who bet the Parliamentarians would win, so they decided to support them. They got involved because the Netherlands wanted to maintain their alliance with the British, so taking the side of who was more likely to win would guarantee that this alliance would be kept. When it became formal, the Dutch provided their chosen side with the use of their commercial fleet, all-expense-paid, as part of their agreement.
On the other side, the Royalists obviously did not appreciate being thought of as would-be losers by their long-time allies. They felt betrayed by their decision to side with their enemies, so they retaliated by raiding Dutch shipping lanes situated in the English Channel. The Royalists were basically expelled from mainland England, so they decided to camp up in Scilly and utilize it as the center of their operations. Because of this, the small group of islands off the coast of Cornwall joined them. This now meant that the allies of the opposing forces were also enemies now. Thus, the Isles of Scilly and the Kingdom of Netherlands were now at war, too. Perhaps we could call it second-hand war?
Things were not going well for the Royalists, and the Dutch saw this as an opportunity to gain back their losses from the raid prior, so they didn’t spare a second and sent a fleet of twelve warships to the Isles of Scilly and demanded reparations. The Royalists did not respond to this demand, so the Dutch Admiral Maarten Tromp declared war on March 30, 1651, against their second-hand enemy, the Isles of Scilly. This started the 335 years war.
How It Should’ve Ended
It wasn’t too long, three months to be specific, when Cromwell’s forces under the command of Admiral Robert Black drove the Royalists to surrender; the Isles of Scilly was returned to the Parliamentarian forces’ control. As for the Dutch, they sailed back home, probably saying, “My job is done here,” totally forgetting about the war that they just declared a few months back. How someone could just declare war and slip it out of his mind, we’re not sure, but they really went back home without signing any peace treaty or at least saying that they take the declaration of war back.
How It Ended
Fast forward to 1985 on the Isles of Scilly. A local historian named Roy Duncan wrote to the Dutch Embassy in London to ask about the legend of the ongoing war. There, they discovered that there was indeed no official peace treaty that had been signed and that they were basically still at war.
Duncan, who was also Chairman of the Isles of Scilly Council, invited the Dutch ambassador Jonkheer Rein Huydecoper in the Isles of Scilly to officially end their forgotten war. On April 17, 1986, he arrived there, and a peace deal was signed, finally and formally ending history’s longest war with zero casualties.
It was a Scilly War anyway.
If you’re just tuning into SOFREP for the first time, click here to enjoy a free 2-month trial membership and be kept up to date on developments in Ukraine and elsewhere around the globe.
If you enjoyed this article, please consider supporting our Veteran Editorial by becoming a SOFREP subscriber. Click here to join SOFREP now for just $0.50/week. | FINEWEB-EDU |
Mac OS X
1. When trying to link multiple Berkeley DB language interfaces (for example, Tcl, C++, Java, Python) into a single process, I get "multiple definitions" errors from dyld.
To fix this problem, set the environment variable MACOSX_DEPLOYMENT_TARGET to 10.3 (or your current version of OS X), and reconfigure and rebuild Berkeley DB from scratch. See the OS X ld(1) and dyld(1) man pages for information about how OS X handles symbol namespaces, as well as undefined and multiply-defined symbols.
2. When trying to use system-backed shared memory on OS X I see failures about "too many open files".
The default number of shared memory segments on OS X is too low. To fix this problem, create a file named /etc/sysctl.conf, containing the variable assignments:
kern.sysv.shmmax=134217728
kern.sysv.shmmin=1
kern.sysv.shmmni=32
kern.sysv.shmseg=32
kern.sysv.shmall=1024
and then reboot the system.
Check the version of OS X carefully because some versions require all five parameters to be set.
The SHMMAX variable should be set to a value that is an exact multiple of 4096. Some versions of OS X ignore the value if it is not an exact multiple.
Please check and verify with the OS X documentation on the proper setting of these parameters. In some cases a reboot is necessary and in others it is possible to change them dynamically using sysctl.
The /etc/sysctl.conf file exists in OS X 10.3.9 and later. If you are running a version of OS X previous to 10.3.x, edit the /etc/rc file and change the values in the following commands:
sysctl -w kern.sysv.shmmax=134217728
sysctl -w kern.sysv.shmseg=32
and then reboot the system.
OS X system updates will overwrite /etc/rc so any changes to the file must be redone after sytem updates. | ESSENTIALAI-STEM |
시간 제한 메모리 제한 제출 정답 맞은 사람 정답 비율
5 초 256 MB 2 2 2 100.000%
문제
In Eindhoven station, there is only one way to get on or off the tracks: the train tunnel. During rush hour it’s very busy with people who want to go from one side of the station to the other. However, both exits are roughly equally important, so about half the people walk one way and the other half walk the other way, and as people cannot walk through each other, this leads to conflicts. Furthermore, people walk at different speeds, which means some fast people have to wait for people in front of them.
We want to get some data on how efficient the tunnel is at handling large numbers of people. In order to do this, we regard a tunnel of a certain length and width as a two-dimensional grid, where each person takes up exactly one grid point. We will ignore that there are train tracks and assume that the entrances are the entire left and right sides of the tunnel. The top-left corner is located at (1, 1) and the bottom-right corner at (length, width), which are both inside the tunnel. We have a number of people who walk through the tunnel walking at different speeds, starting at different positions (representing their different arrival times).
Time passes in ticks. Every tick, each person walks some distance. No person can walk through another person or through the wall. If a person walks into the back of another person, then that has no influence on the speed of the person in front of her: the person behind the other person then goes as far as possible while staying behind the person in front of her. If a person walks into another person going in the opposite direction, the moving person ends her move one grid point in front of the person she walked into.
As the university is on the right side of the tunnel, we obviously have that the people moving from left to right are more in a hurry. Therefore, at every tick, the people that move from left to right will move before the people that move from right to left. People moving in the same direction move simultaneously.
If a person walked into another person and was able to walk only half the distance (rounded up) that person would like to walk in a tick or less, then that person becomes annoyed and will try to take a step to either side before the next tick starts. This movement between ticks happens as follows. First, from top to bottom, every annoyed person moving to the right will try to take a step left (that person’s left, so up). Then, from bottom to top, every annoyed person moving left will try to step left (that person’s left, so down). Then from bottom to top every annoyed person moving right who was unable to step left (’still annoyed’) will try to step right. Finally, from top to bottom every still annoyed person moving left will try to step right. An annoyed person is not annoyed anymore at the start of a new tick.
We want to know at what time every person has left the tunnel (that is, ends up behind the tunnel exit that person is moving towards), to get some data on how efficient the tunnel is at handling large numbers of people with the above characteristics. It is always possible for all people to reach the end of the tunnel from their starting position.
입력
On the first line one positive number: the number of test cases, at most 100. After that per test case:
• one line with three space-separated integers l, w and p (1 ≤ l, w ≤ 3 000 and 1 ≤ p ≤ 1 000): the length and width of the tunnel and the number of people, respectively.
• p lines, each with three space-separated integers x, y and s (0 < x ≤ l and 0 < y ≤ w and 0 < s ≤ 1 000): the starting position (x, y) and speed s of each person. This is followed by a space and a single character that is either ‘L’ or ‘R’, indicating that the person walks to the left or the right side of the tunnel, respectively.
A person that exits the tunnel is considered to be removed from the grid. A person exits the tunnel at (x ≤ 0) or (x > l).
출력
Per test case:
• one line with a single integer: the (smallest) number of ticks after which all people will have exited the tunnel.
예제 입력 1
2
11 10 3
1 1 2 R
10 1 2 L
11 1 3 L
8 4 3
4 2 3 R
1 3 3 R
8 2 5 L
예제 출력 1
8
4
힌트 | ESSENTIALAI-STEM |
2019 Johannesburg riots
The 2019 Johannesburg riots occurred in the South African city of Johannesburg from 1–5 September 2019, leading to the deaths of at least seven people. The riots were xenophobic in nature, targeting foreign nationals from other African countries. Retaliatory actions by rioters in other African nations was taken against South African brands. The South African Institute of Race Relations stated that the riots were similar in nature and origin to the 2008 xenophobic riots that also occurred in Johannesburg.
The riot resumed in Johannesburg on the 8 September 2019, when rioters marched on the central business district and looted shops whilst calling for foreigners to go.
Riots
On 1 September 2019, riots and looting targeting shops owned by foreign nationals broke out in Jeppestown and Johannesburg CBD following the death of a taxi driver allegedly for trying to stop drug dealers. By 3 September, around 189 people had reportedly been arrested by police for looting. 423 have been arrested by 5 September and President Cyril Ramaphosa stated that at least ten people were confirmed to have died, including two foreign nationals. The looting meanwhile spread to the township of Alexandra.
Around 50 businesses predominantly owned by Africans from the rest of the continent were reportedly destroyed or damaged during the incident. The mosque located in the Jozi Mall was attacked and copies of Quran were defiled, while every shop in the mall was looted. In Katlehong, residents placed barriers on the roads before looting the Sontonga Mall, stated the Guanteng Police.
Two people were shot dead for trying to loot shops, including one South African named Isaac Sebaku in Coronationville by a Somali shop owner who was arrested and another person in Crosby. Premier of Gauteng, David Makhura, confirmed that a South African was shot over an incident of looting. Police Minister Bheki Cele stated the shop owner was a Pakistani.
News24 has reported that the police have confirmed two South Africans were shot dead in Brixton and Sophiatown during the riots and a Zimbabwean security guard was shot in Hillbrow. Two victims of unknown nationality were killed in Hillbrow and Jeppestown. Cele confirmed five murders were reported – two in Coronationville, two in Hillbrow and one in Jeppestown. Two charred corpses were recovered from shops burnt by looters in Alexandra.
On 5 September, the provincial police arrested 74 persons in Katlehong as looting and rioting continued, taking the number of arrests to 497. They also stated that 11 persons had died during the riots, though only 7 deaths are known to have been caused directly due to it. Isaac Sithole, a Zimbabwean, was beaten up and burnt alive by South African rioters in Katlehong. His sister-in-law alleged that a baby had also died in an arson attack.
Following the resumption of rioting on the 8 September Mangosuthu Buthelezi gave a speech calling for calm and a secession of violence. One person died and five were injured during a protest by South Africans against immigrants in Johannesburg whilst 16 people were arrested. Another person was shot in Malvern during the violence. This brought the number of deaths to 12. The police stated that 640 people had been arrested since the riots began. By the end of the riots a reported total of over 680 people had been arrested.
Trucker strike
The riots coincided with a nation-wide truck driver strike protesting against the employment of non-South African truckers. It also coincided with the publication of a statement by Human Rights Watch that over 200 people (mostly foreign truck drivers) had been killed in South Africa since March 2018. During the riot a number of freight trucks were torched and foreign truck drivers assaulted in the province of KwaZulu-Natal.
Response
In response the Football Association of Zambia (FAZ) cancelled an international soccer match against South Africa taking place in Zambia due to “prevailing security concerns in South Africa.” A Pick n Pay store (a South African-based supermarket chain) in Zambia was stormed following the riots in South Africa.
The Government of Botswana issued travel advisory and warning to its citizens in wake of the deadly riots targeting foreigners.
South Africa
The South African NGO Right2Know stated that xenophobia and the resulting riots were partly the result of "xenophobic populism" espoused by South African politicians such as Herman Mashaba and President Cyril Ramaphosa. A number of South African celebrities such as Nadia Nakai, Manaka Ranaka, and Cassper Nyovest were also publicly critical of xenophobia and the resulting riots. Almost a month after the riots in Johannesburg foreign nationals in Cape Town staged a sit-in outside the local offices of the United Nations Refugee Agency (UNRA). The nationals demanded that the UNRA pay for their fare back to their respective home countries so as to escape xenophobia in South Africa.
Nigeria
In Nigeria all stores and service centres operated by South African telecom company MTN were temporarily shut following retaliatory attacks on the company for the riots in South Africa. Other South African companies also temporarily suspended trading as Multichoice and Shoprite also stopped operations. Nigerian artist Tiwa Savage stated on Twitter that she would be cancelling appearances in South Africa in protest of the riots.
Following the riots President Muhammadu Buhari of Nigeria summoned the South African High Commissioner to convey his concerns about the incident to President Ramaphosa of South Africa. The Nigerian government also cancelled its participation at the African Economic Forum which was scheduled to be held in Cape Town in retaliation to the riots and closed its embassy in South Africa citing security concerns. Nigeria's ruling party, the All Progressives Congress, advocated for the nationalization of South African businesses in retaliation for attacks on Nigerian nationals. South African diplomatic missions in Abuja and Lagos were closed due to threats of retaliatory violence. | WIKI |
Hibermate
Take control of your sleep with fewer interruptions.
FAQ
Hibermate Instructions and Frequently Answered Questions...
Got a Question? Ask me here!
Instructions for the new 2016 Hibermate are coming soon!
However, one thing to be careful of is re-threading the band of the mask through the slots in the cups.
The slots of the cups can tear if they're pulled - they're a little delicate - so please gently insert the band back through the slot.
You can use a slim flat knife (not a sharp one!) like a typical table knife, to help push and slide the band through the slot to the other side.
You can change the ear pillow cushions by pulling back the edges of the outer-cups and removing the cushions, which will allow you to swap the cushions from donuts to pads and vice-versa... Videos coming soon...!
Washing Instructions
To wash your hibermate, please remove ear cushions - the cups can be washed with the mask in a washing machine on gentle cycle - cold water only. Hang out to dry. Please do not use a dryer! Do not mix with a load of whites or other delicates as color may run.
I've taken the ear muffs off (2015 Hibermate) and now I want to put them back on, but can't remember! Help!
This happens a lot!
I'm looking at new ways to attach the ear cups for the next model including trying out some clips so they can be detached and put pack on more easily. Please remember, this is a brand new product and we're continually searching for ways to improve it and make it easier to use.
Hibermate ear cups and wearing Instructions
These instructional Videos may also help!
Do the 'ear muffs' really block noise?
The simple answer of course is 'yes!'
The ear muffs are manufactured from medical grade silicone with thick but soft silicone cups. Inside the ear muffs are completely redesigned, custom ear cushions which are exactly like the ones used on high-end headphones, like Beats, Sennheiser, Bose etc. They also create a lovely seal, and moisture resistant and are amazingly snug and comfortable. They help create an awesome seal which helps reduce noise beautifully.
I conservatively estimate that the Hibermate's Ear Muffs block about 15-20dB.
In summary, the ear pillows are very good at reducing high frequency sounds (ie coins jingling) - and quite efficient at reducing low frequency sounds such as traffic rumble. When the ear pillows are used in conjunction with ear plugs, the result is almost complete silence! We recommend using ear plugs for most effective sound blocking. If you combine ear muffs and ear plugs, please be aware that you probably won't hear your alarm clock and it's possible you could sleep through a smoke alarm.
What's super-important when wearing the ear cups is to try and make sure they're sealed against your skin. If you have long or thick hair, try and place the cups underneath your hair as best you can. Like on all ear muffs, thick hair will let lots of sound through.
We get lots of questions about snoring partners; the Hibermate will definitely significantly reduce snoring sounds, but like any ear muff, it will not completely block loud snoring.
We're continuously working on the sound blocking ability of the product.
By the way, if you know of any organisation in the United States that can perform a NRR (Noise Reduction Rating) test, please drop me a line at "chris @ hibermate.com". I can't seem to find any official organisations who perform NRR tests using a Google search!
Do you still stock the original version of the Hibermate?
Yes we do! I have brought it back and it's currently available for sale here. You should also be able to buy one on Amazon USA here and on Amazon Japan here.
Can I wear the ear muffs without the mask?
You can take the ear muffs off and insert them under a stretchy beanie and we're considering creating 2 new models, the "Hat" and possibly the "Band" in 2016, budgets permitting. Updates on progress here.
Anyway, the short answer is "not really". The 2015 mask can be worn as a headband, just! The mask is slightly bulky as a headband though and it may slip down during rest or relaxation. Below is a photo to illustrate (courtesy of cobaltniche.com).
Does the Hibermate completely eliminate light?
The new Hibermate uses 4 layers of material to prevent light seepage. The first is the outer satin cover, the second is a layer of firm inner material to help the mask maintain it's shape, and the side which rests against your skin is a wonderfully soft cotton jersey. Sandwiched between is a layer of wadding (or batting), which is used as padding, but it too helps prevent light getting through to your eyes. The way the mask has been designed, prevents any light getting in from the sides. You may experience a tiny amount of light seepage from under the bridge of your nose, and if so, simply put your finger on the bridge of your nose and move it upwards - this pushes that part of the mask into a snugger position and helps it fit better on your face.
Expected Delivery Times
Note: we ship from our Hong Kong Fulfillment partners, www.floship.com
I live in the US. How long will it take to deliver my new Hibermate?
Our extraordinary US customers usually receive their parcels in just over a week. US customs are sometimes not at all vigilant and its very, very rare that your parcel will be held up for inspection. We've been amazed that parcels can arrive in as little as 4 business days, but most of the time it takes about 6 - 8 business days on average via registered tracked courier.
I live in Australia. How long will it take to deliver my new Hibermate?
Our legendary Australian customers usually receive their parcels in about 8-10 days on the East coast (Melbourne, Sydney, Brisbane etc).
This is a example tracking experience for one of our Australian customers
It usually takes a few more days to arrive in Western Australia (Perth etc). Tracked & registered shipping from Hong Kong.
I live in Canada. How long will it take to deliver my new Hibermate?
Our amazing Canadian customers usually receive their parcels in 10 days.
This is a example tracking experience for one of our Canadian customers.
Canadian customs are sometimes quite vigilant and do tend to hold our shipments for inspection from time to time. Obviously this is very frustrating for us and you when it occurs! We reduce the risk of your parcel being held over by not including a receipt with your parcel - that's tended to speed things up considerably. Tracked & registered shipping from Hong Kong.
I live in the UK. How long will it take to deliver my new Hibermate?
Our incredible British customers also usually receive their parcels in just over a week (about 8 - 10 days).
This is a example tracking experience for one of our UK customers.
Like Canadian Customs, British customs are sometimes quite vigilant and do tend to hold our shipments for inspection from time to time. Obviously this is very frustrating for us and you when it occurs! We reduce the risk of your parcel being held over by not including a receipt with your parcel - that's tended to speed things up considerably. Tracked & registered shipping from Hong Kong.
I live in Europe. How long will it take to deliver my new Hibermate?
Our sensational European customers also usually receive their parcels in just over a week. Most European Customs agencies are quite good at letting our parcels through without delays, but obviously this is very frustrating for us and you when it occurs! We reduce the risk of your parcel being held over by not including a receipt with your parcel - that's tended to speed things up considerably. Tracked & registered shipping from Hong Kong
How do I wash my Hibermate?
Use a warm gentle machine wash or warm hand wash. On the first few washes, don't wash your Hibermate with whites or light colored clothes. Please don't wash the leatherette ear cushions. Drip dry your Hibermate, we don't recommend drying your Hibermate in a clothes dryer. Don't use bleach. The silicone ear muffs can go into the washing machine with the mask (but please take out the ear cushions!). The ear cushions can be wiped clean with a wet cloth or an alcohol cloth wipe.
Is there any difference between mask color and light blocking performance?
No.
What's the 'adjustability' of your masks?
Our regular sized masks can adjust from 21 inches (53cm) to about 30 inches (76cm). We've built in lots of adjustability in case people don't need to wear the removable ear muffs.
Do you sell wholesale? Can I stock your mask?
This question gets asked all the time!!!! The answer is sometimes 'yes' and sometimes 'no'. It all depends on our stock levels at any one time. Please email me: chris @ hibermate.com for more information.
I'm a bit confused about the prices shown on your website. What is the price in my home currency?
Currently all prices are now shown in US Dollars. We used to accept payments in Australian Dollars but have been forced to change to US Dollars as we evolve into an international business. You can convert US $ to your currency here at Yahoo Finance
Please keep those questions coming... | ESSENTIALAI-STEM |
User:EvolFreud
Juniño Padilla aka NIÑO BONITO
He started his career in Cebu as Radio Commentator in DYRC and later on move to the Capital and landed job as Network News head of Manila Broadcasting Company DZRH.
He was the 16th Gawad Tanglaw Awardee as Best Radio Anchor in the Philippines.
After serving for a while the administration of President Rodrigo Duterte as Communications Director he went to hiatus.
He was last seen as guest host in CCTN a local tv in Cebu during the Sinulog 2020 Coverage.
People are wondering to what happen to Bonito, but his friends and people who know him well said that Mr. Padilla is preparing for his major comeback in the limelight. | WIKI |
In the post-covid era, our freedom of expression may seem to be curtailed by necessity. Meeting again for a demonstration may seem risky for health reasons. Yet this is a situation that we Earthlings have already experienced. While waiting for a return to normal, let us not forget that there are other ways to express ourselves. The internet of course, but also badges, which have always played a political role since their creation.
Along with political badges, a badge pinned on clothing to promote a cause is one of the most emblematic of all types of badges. Button badges have been popular since the invention of the pin-back button at the beginning of the 20th century and are increasingly popular today. (You may even be wearing one on your lapel right now!) Here is a brief history of button badges defending the American cause:
Thanks to the increased mobility of the automobile age, the French began to enjoy a greater opportunity for movement, and used this new freedom to come together to defend the causes they believed in. At the turn of the century, tiny pins were used to raise money for causes such as World War I, road safety and women’s right to vote.
It is hard to believe that less than 100 years ago women could not be part of a trade union. Since 1920, married women have been able to join a trade union without their husband’s permission. The political activist badges that were made during this period defended this issue.
The economic crisis that erupted in the United States in 1929 is becoming global. France, significantly less affected than other European countries such as Germany, is nevertheless experiencing economic and social difficulties. The Popular Front government carried out several important social reforms such as paid holidays, and badges were at the core of the demands. They were also used to show support for the Spanish Republic,
Custom-made “Halt Hitler” badges – in reference to the anti-Nazi movement against Adolf Hitler during World War II – were popular in the 1940s in the USA. However, due to wartime metal rationing, metal badges from the Second World War era are difficult to find.
By the middle of the century, scientists began to confirm that the Earth’s climate was changing. In fact, experts have even changed their language to identify this growing problem. Instead of “bad weather”, we started calling severe weather events “weather disturbances” or “climate change”. The badges were then used from the outset to condemn how pollution was affecting the environment.
While U.S. soldiers were at war on Vietnamese soil, U.S. citizens engaged in their own war of protest. In the 1960s and 1970s, the badge was used as a sign of protest against the Vietnam War and as a symbol of peace. These badges were essential to the visual identity of the movements to end the Vietnam War, obtain equal rights for all citizens, defend trade unions and support presidential candidates.
In the 1980s and 1990s, badges became a popular tool in the defence of public health.
In 1981, HIV and AIDS were finally accepted as the global epidemic it had become. Many badges of the time defended the fight against the disease and defended those who had fallen victim to it.
After the terrorist attacks of 11 September 2001 and the declaration of a “war on terror” by President George W. Bush, the United States has entered an era of extreme polarization. The open-ended military campaign was not met with full support across the US. As a result, anti-war and anti-Bush badges have become a popular form of visual protest.
Although British society has made steady progress over the last hundred years, many of the causes championed throughout history are still relevant today. From climate activism, to the Me Too movement, badges are still widely used to promote a cause. Although today’s Europeans have more platforms on which to make their voices heard, it is clear that badges have remained a vital and relevant form of self-expression. | FINEWEB-EDU |
Page:Poet Lore, volume 36, 1925.pdf/369
Princess.—The laws I return to you. I confirm them for you. May you be just to others and severe in the judgment of yourselves.
hands one scroll after another to the, who in turn hands them over the the Justices of the Peace.
Krouzilka.—If you p-p-please, I h-h-have not f-f-finished as yet—
Magistrate (Furiously, under his breath).—Be still!
Princess.—You will have an opportunity to finish at the banquet which will be prepared for you.
Votruba (In a feeble voice).—Vivat!
Magistrate (Under his breath to ).—Put him in jail immediately.
Princess (Arising).—Gentlemen, I graciously dismiss you, being pleased with the welcome you have given me. (To the Justices of the Peace.) You likewise.
Maid of Honor (Holding the bouquet and disappointed at not having been permitted to speak, turns toward the priest, weeping).—Reverend Father—
Priest (To the ).—Your Grace, this maid of honor—
Maid of Honor (Rushing forward, begins reciting).—Many years of blissful peace—
Priest (Taken aback, prompts her in an undertone).—The title, the title!
Maid of Honor (Paying no attention to him).—And many more of lasting happiness. To you—you—eh—
Princess.—Thank you, and is that spray of flowers really for me?
Priest (Quietly).—Hand over the flowers.
hands them over.
Princess.—Thank you, that was kind of you. You may go.
Magistrate.—Your Grace, I would most humbly request—
Princess (Impatiently).—Make it brief.
Magistrate.—Your Grace, I am most unhappy. Krouzilka, the justice of the peace—
Princess (Impatiently).—What is the trouble? | WIKI |
Glass Lewis Recommends Stockholders Vote for Change at Brookdale Senior Living Inc.
Third Independent Proxy Advisor Confirms the Persuasive Case to Bolster Key Competencies on the Brookdale Board and Recommends Stockholders Vote FOR Ortelius Nominees to Advance a Necessary Turnaround
Glass Lewis Identifies Governance Challenges at Brookdale Including the Persistent Lack of Accountability for Legacy Directors who have Overseen Poor Performance Furthering the Need for Board Renewal
Ortelius Urges Brookdale Stockholders to Vote FOR all Six of Ortelius’ Nominees on the WHITE Proxy Card
NEW YORK, July 01, 2025--(BUSINESS WIRE)--Ortelius Advisors, L.P. ("Ortelius") today announced that a third leading independent proxy advisory firm, Glass, Lewis & Co. ("Glass Lewis"), has recommended that stockholders vote FOR the election of Ortelius nominees to the Brookdale Senior Living Inc. (NYSE: BKD) ("Brookdale" or "Company") Board of Directors, on the WHITE Ortelius proxy card, at the upcoming 2025 Annual Meeting of Stockholders. The recommendation from Glass Lewis builds on supportive commentary already published by Institutional Shareholder Services Inc. ("ISS") and the Egan-Jones Ratings Company ("Egan-Jones") related to Ortelius’ campaign for change at Brookdale.
Peter DeSorcy, Managing Member of Ortelius, said:
"We appreciate that Glass Lewis has further confirmed the need for change at Brookdale. With three independent proxy advisors now having validated Ortelius’ position, we reiterate our call to stockholders that now is the time to put more qualified and independent voices in the boardroom at Brookdale.
As confirmed by Glass Lewis, ISS, and Egan-Jones, Ortelius’ nominees are necessary to effect the critical changes required at Brookdale. If elected, the Ortelius nominees will leverage their well-documented expertise to restore confidence in the critical process to select the Company’s next CEO and accelerate the necessary steps to unlock the significant value within Brookdale.
A new and qualified Board is a necessary first step to realizing the potential within Brookdale and we urge our fellow Brookdale stockholders to vote FOR all six of the Ortelius nominees on the WHITE proxy card."
In its report finding that Ortelius has presented a compelling case for change at Brookdale, Glass Lewis*:
Recognized the validity of Ortelius’ campaign to end a history of underperformance at Brookdale:
"The current bout, spearheaded here by Ortelius, largely orbits alternatives relating to Brookdale’s portfolio of senior living communities and associated efforts to reverse long-term trendlines which have left the Company trailing comps and fighting to remedy a moribund returns profile."
Credited Ortelius’ public campaign for driving change, with the Board only acting under pressure from Ortelius:
"…notwithstanding the board’s contention to the contrary, we believe Brookdale’s contest tack – which includes the outwardly sudden and immediately effective termination of longtime CEO Cindy Baier with no heir apparent and the appointment of multiple new board members – very strongly correlates with Ortelius’ involvement….and the Dissident’s application of significant public pressure. Further, we note certain culpable members continue to serve on the board despite Brookdale’s flat-footed refreshment process and decidedly less than laudatory long-term performance."
"We further note Brookdale’s shares experienced a one-day gain of 7.1% following announcement of Ortelius’ current campaign (Ventas, Welltower and the S&P 400 gained 1.0%, 0.6% and 3.1%, respectively), suggesting that the Dissident’s public involvement was viewed as a prospective catalyst for further value creation."
"Just as notably, Brookdale’s shares surged 8.5% on the announcement that former CEO Cindy Baier would be transitioned with immediate effectiveness (Ventas, Welltower and the S&P 400 gained 2.0%, 2.1% and 1.2%, respectively), clearly reinforcing the notion that her prior executive service was viewed as a valuation millstone for Brookdale. Neither of these developments seem to reflect a ringing endorsement for Brookdale’s pre-Ortelius oversight architecture."
Agreed with Ortelius on the need for Board renewal to bring greater expertise and fresh independent perspectives as well as to hold long-term directors accountable for poor performance:
"…we do believe there exists persuasive cause to advance incremental change to bolster key competencies, hold certain long-term directors accountable and provide fresh insight into a critical and, to date, murky succession initiative."
"...we similarly don’t believe investors should forego the opportunity to promote incremental change and firm accountability as the Company moves through the early innings of a pivotal strategic and financial transition."
Validated Ortelius’ criticisms about Brookdale’s operating performance:
"…for all the board’s public posturing, basic facts should prevail here: slightly more than a third of the Company’s properties presently sit at lower than 75% occupancy, with a substantial subset of that group sitting at less than 70%."
Echoed Ortelius’ well-founded concerns about Brookdale’s occupancy rates:
"Ortelius does, however, reasonably note that Brookdale’s occupancy fell further than Ventas and Welltower amid COVID headwinds and that Brookdale currently remains below senior housing occupancy rates posted by those comps, suggesting the Company’s emergent rebound still leaves Brookdale off peer levels."
Confirmed Ortelius’ commentary on Brookdale’s poor financial performance including lagging net operating income (NOI) margins and excessive leverage:
"We do believe Ortelius offers persuasive commentary regarding depressed NOI margins."
"…NOI margins do indeed appear to remain below both pre-COVID figures and margins posted by Ventas and Welltower, again suggesting that Brookdale’s recovery from long-term performance trends remains very much a work in progress."
"…there appears to be little meaningful debate that Brookdale presently remains heavily levered."
Confirmed that Ortelius’ plan to sell underperforming properties is well conceived and viable:
"…we note central elements of Ortelius’ plan critically rely on exiting Brookdale’s existing portfolio of leased properties while concurrently monetizing the Company’s underperforming owned assets, leaving Brookdale with an optimized pool of high-quality communities which would be expected to unlock significant value for investors."
Questioned Brookdale’s governance practices and the Board’s capacity to lead a credible CEO search process given concerns around the Board’s recent director appointments:
"Two of the four directors recently appointed to the Brookdale board (Mr. Fioravanti and Ms. Mace) were identified by Ms. Baier, while one other (Mr. Hausman) was identified by current chair and interim CEO Denise Warren. That these appointments do not appear to reflect legacy relationships is arguably much less important than the impression that the nominating and corporate governance committee – currently helmed by Victoria Freed – expressly skirted retaining an independent search firm in favor of recommendations submitted by Brookdale’s senior executives, one of which, Ms. Baier, appears to have been well out of favor with investors. This framework does not go particularly far in establishing that a broad, independent, externally validated candidate identification process was prioritized, and does little to deflect the implication that key members of leadership have increasingly self-selected the members of the board to which they report."
"Brookdale indicates it retained Spencer Stuart to aid in CEO succession matters as early as November 2024. However, currently available materials do not give a particularly firm impression that any significant progress was made on those matters during the roughly five-month period between retention and Ms. Baier’s departure. For the sake of clarity, our engagement with the board indicated five of seven investors with which Brookdale engaged after Ortelius’ emergence expressed a desire for immediate management change. That the board thereafter swiftly accelerated Ms. Baier’s exit in lieu of purportedly ongoing succession processes suggests to us that its members realized relatively late that they were materially out of phase with investor sentiment and thus sought to blunt possible solicitation vulnerabilities narratives by securing Ms. Baier’s immediate resignation despite the apparent absence of any qualified long-term replacement."
"Ms. Warren is slated to serve as interim CEO until a permanent successor to Ms. Baier is named. Notably, Brookdale’s own skills matrix indicates senior housing is not among Ms. Warren’s core competencies (an assessment which curiously clashes with recent materials published by Brookdale stating Ms. Warren has "directly relevant senior living experience")."
"...the fact that Ms. Warren was selected as pro tem CEO over any existing employee seems to invite immediate scrutiny regarding the depth of Brookdale’s bench and the efficacy of the board’s succession architecture."
"...closer scrutiny suggests key elements of the Company’s refresh – including what seems to be nominal involvement from the nominating and corporate governance committee and the continuation of an objectively atypical and functionally reactive CEO succession process – suggest fresh perspectives could be beneficial here."
Endorsed Ortelius nominees Steven J. Insoft and Steven Vick for bringing important skills and perspectives to the Board:
"We believe both Ortelius candidates offer valuable senior housing and real estate expertise at a critical juncture, with particular attention to Brookdale’s ongoing portfolio optimization efforts. Their elections in place of Ms. Freed and Mr. Wielansky would further demonstrate board refreshment directly predicated on exercise of the shareholder franchise, rather than on deference to members of management."
Recommended "Withhold" votes on long tenured Brookdale directors Lee Wielansky, Chair of the Investment Committee, and Victoria Freed, Chair of the Nominating and Governance Committee:
"Withholding votes from incumbent nominees Freed and Wielansky – Ms. Freed and Mr. Wielansky are, ex Ms. Warren, the longest serving members of the Brookdale board and thus the most readily accountable for the Company’s comparatively poor long-term performance"
"Mr. Wielansky’s purportedly valuable strategic insight and real estate expertise should, in the context of Brookdale’s long-term arc, warrant particular scrutiny by investors, while Ms. Freed’s experience seems to have very little crossover with the Company’s core operations or ongoing strategic and financial initiatives."
"Importantly, both directors have overseen significantly subpar shareholder returns during their respective tenures. We are further concerned that Ms. Freed, as chair of the nominating and corporate governance committee, has heavily deferred to the recommendations of current and former senior executives during Brookdale’s recent board refresh, a tack which, taken together with the Company’s muddled succession effort, reflects unfavorably on the fundamental efficacy of Brookdale’s existing oversight architecture."
Your vote is important, no matter how many or how few shares of common stock you own. Ortelius urges you to sign, date, and return the WHITE universal proxy card today to vote "FOR" the election of all six Ortelius nominees and in accordance with Ortelius’ recommendations on the other proposals on the agenda for the Annual Meeting.
Stockholders who have questions or require assistance in voting their WHITE Proxy Card, or those who require copies of Ortelius’ proxy materials, should contact: Saratoga Proxy Consulting LLC at (888) 368-0379 or info@saratogaproxy.com
*Permission to use quotations from the report was neither sought nor obtained.
Additional Information
Ortelius Advisors, L.P., together with the other participants in its proxy solicitation (collectively, "Ortelius"), has filed a definitive proxy statement and accompanying WHITE universal proxy card with the Securities and Exchange Commission ("SEC") to be used to solicit votes for the election of Ortelius’ slate of highly-qualified director nominees at the 2025 annual meeting of stockholders (the "Annual Meeting") of Brookdale Senior Living Inc., a Delaware corporation (the "Company"). Stockholders are advised to read the proxy statement and any other documents related to the solicitation of stockholders of the Company in connection with the Annual Meeting because they contain important information, including information relating to the participants in Ortelius’ proxy solicitation. These materials and other materials filed by Ortelius with the SEC in connection with the solicitation of proxies are available at no charge on the SEC’s website at http://www.sec.gov. The definitive proxy statement and other relevant documents filed by Ortelius with the SEC are also available, without charge, by directing a request to Ortelius’ proxy solicitor, Saratoga Proxy Consulting LLC, at its toll-free number (888) 368-0379 or via email at info@saratogaproxy.com.
About Ortelius Advisors, L.P.
Ortelius is a research-intensive, fundamental-based, activist-oriented alternative investment management firm focused on event-driven opportunities.
View source version on businesswire.com: https://www.businesswire.com/news/home/20250701065843/en/
Contacts
Stockholders: Saratoga Proxy Consulting LLC John Ferguson & Joseph Mills (212) 257-1311/(888) 368-0379 info@saratogaproxy.com
Media: Gagnier Communications Dan Gagnier & Riyaz Lalani (646) 569-5897 ortelius@gagnierfc.com | NEWS-MULTISOURCE |
08-masi-web header 1480x516px8
Theme D
Lead: Graham Hutchings
How do molecules react on Single Metal Atoms (SMAs)/Metal NanoClusters (MNCs)?
We harness the activity and selectivity of SMAs/MNCs as tuneable catalysts on various surfaces under different conditions, activated by heat, light or electric potential, aiming to surpass the properties of currently known catalysts. Our focus is on two classes of reactions – carbon dioxide utilisation and ‘green’ ammonia synthesis – both critically important for zero-emission economy.”
Researchers
Hiba Azim
UoN
Hiba Azim
Hiba is undertaking a PhD as part of the Atoms-2-Products CDT as part of th Alves Fernandes group. Her research involves modelling of metal-gas and metal-support interactions, and catalyst sunthesising and testing.
Richard Clark
UoB
Richard Clark
Richard has begun a PhD in Chemical Engineering at Birmingham. His work focusses on characterising the electrochemical properties of MASI catalysts for a range of chemical reactions.
Dr Ruba Hendi
UoB
Ruba Hendi
Dr Ruba Hendi is a member of the Rees group at Birmingham. Her research involves the application of SMA/MNCs for the oxygen reduction reaction, ammonia oxidation reaction and other value-adding chemical processes.
Pekka Korhonen
UoN
Pekka Korhonen
Pekka has joined MASI as part of the Lanterna group, as well as being a member of the Atoms-2-Products CDT. His main focus is on MOF synthesis and subsequent SMA/MNC deposition, with a goal of utilisation in photocatalytic reduction of carbon dioxide.
Dr Rich Lewis
UoC
Rich Lewis
Rich is member of the Hutchings group, part of the Cardiff Catalysis Institute. His main goal within MASI is the utilisation of SMA/MNCs to achieve the controlled oxidation of methane to methanol.
Ethan Norman
UoN
Ethan Norman
Ethan is studying for a PhD as part of the Khlobystov group. His project involves the the preparation and synthesis of nanomaterials, for subsequent deposition of SMA/MNCs with an end goal of the reduction of carbon dioxide to methanol.
Dr Louise Smith
UoC
Louise joins MASI as a member of the Hutchings group at Cardiff. Her focus is on the characterisation of catalysts for carbon dioxide hydrogenation through thermal catalsys.
Dr Andreas Weilhard
UoN
Andreas Weilhard
Andreas runs the thermal catalysis lab at Nottingham as part of the Alves Fernandes group. His role within MASI is to develop and characterise new SMA/MNC catalysts for the production of ammonia.
Ben Young
UoN
Ben Young
Ben is studying for a PhD at Nottingham as a member of the Alves Fernandes group. His project involves the fabrication and characterisation of SMA/MNC based cataylsts for the decomposition of ammonia.
| ESSENTIALAI-STEM |
Kasei Valles
From Wikipedia, the free encyclopedia
Jump to: navigation, search
Kasei Valles
Kasei Valles topolabled.JPG
Area around Northern Kasei Valles, showing relationships among Kasei Valles, Bahram Vallis, Vedra Vallis, Maumee Vallis, and Maja Valles. Map location is in Lunae Palus quadrangle. Flow was from bottom left to right. Image is approx. 1600 km across, and the channel system extends another 1200 km south of this image to Echus Chasma.
Coordinates 24°36′N 65°00′W / 24.6°N 65.0°W / 24.6; -65.0Coordinates: 24°36′N 65°00′W / 24.6°N 65.0°W / 24.6; -65.0
High resolution THEMIS daytime infrared image mosaic of Kasei Valles and its surroundings.
Kasei Valles is a giant system of canyons in Mare Acidalium and Lunae Palus quadrangles on Mars, located at 24.6° north latitude and 65.0° west longitude. It is 1,780 km long and was named for the word for "Mars" in Japanese. [1] Kasei Valles is one of the largest outflow channels on Mars.
This huge system is 300 miles wide in some places. In contrast, Earth's Grand Canyon is only 18 miles wide.[2] It is one of the longest continuous outflow channels on Mars. The Kasei Valles system begins in Echus Chasma, near Valles Marineris. It then runs northward, and appears to empty into Chryse Planitia, not far from where Viking 1 landed. At around 20° north latitude Kasei Valles splits into two channels, called Kasei Vallis Canyon and North Kasei Channel. These branches recombine at around 63° west longitude, forming a large island in the channel known as Sacra Mensa. Some parts of Kasei Valles are 2–3 km deep.[3]
Like other outflow channels, it was likely carved by liquid water, possibly released by volcanic subsurface heating in the Tharsis region, either as a one-time catastropic event or multiple flooding events over a long time period. Others have proposed that certain landforms were produced by glacial rather than liquid flow.[4]
Three sets of enormous cataracts (dry falls) are present in the area between an "island" feature in the southern channel, Lunae Mensae, and the crater Sharonov.[5][6] These cataracts, evidently carved during megaflooding events, have headwalls up to 400 m high[6] and are considerably larger than the largest terrestrial analog, Dry Falls.[5] They may have migrated over 100 km upstream during the era of flooding in Kasei Valles.[5]
References[edit]
1. ^ http://planetarynames.wr.usgs.gov
2. ^ http://hiroc.lpl.arizona.edu/images/PSP/diafotizo.php?ID=PSP_001640_2125
3. ^ Baker, V. 1982. The Channels of Mars. University of Texas Press. Austin
4. ^ http://themis.asu.edu/zoom-20050427a
5. ^ a b c Coleman, N. (2010-03). "Spectacular cataracts (dry falls) on the floor of Kasei Valles, Mars". 41st Lunar and Planetary Science Conference. Lunar and Planetary Institute. p. 1174. 1533. Retrieved 2013-11-17.
6. ^ a b Coleman, N.; Lindberg, S. (2013-03). "New insights about cataracts (dry falls) on the floor of Kasei Valles, Mars". 44th Lunar and Planetary Science Conference. Lunar and Planetary Institute. p. 1148. 1719. Retrieved 2013-11-17.
External links[edit] | ESSENTIALAI-STEM |
User:Wemedgefrodis
Hello. I'm Wemedge. I'm here because sometimes I read Wikipedia, and sometimes I have thoughts about that. You'll probably find me mostly in talk pages. Occasionally, you might see me making very, very tiny edits on mainspace articles. Mostly, you'll find me trying not to get in the way. All in all, I'm a fairly infrequent visitor to the contributors' side of things, so I'm not fully adept at all the ins and outs of how things work around here. I try not to touch things if I don't know what to do with them (I'm not even sure if I'm doing this user page right). If I mess up, be patient with me to the degree reasonable. Otherwise, be frank to the degree necessary. --30-- | WIKI |
Page:An Introduction to the Survey of Western Palestine.djvu/187
171 THE WESTERN SHORE OF THE DEAD SEA. 171
between the heads. The projection of the shore at this part, advances to the same chord line.
South of Wady Husasah, the shore becomes narrow, and on the north of Ras Mersid, after passing Wady esh Shukf, a sulphur spring was discovered by Dr. Tristram on the shore at the foot of Eas esh Shukf (alt. of the Ras 1,227 feet, or 2,520 feet above the Dead Sea). The headland of Ras Mersid is only to be rounded with difficulty, and there is no track. Still it does not appear to be obstructive to all passage like Ras Feshkah, and it is presumed that deep water does not wash its base. A mile beyond Ras Mersid, another headland occurs on the north of Wady Sideir, and is crossed by the Nukb or Pass of Sideir, leading to the Plain of 'Ain Jidy (Engedi). Lieutenant Conder visited the sulphur spring from 'Ain Jidy. He appears to have got as far as Nukb Sideir on horseback, and then he had to dismount, "scrambling over cliffs or walking in the water round promontories," to reach the place.*
The principal wadys which cross the shore, and enter the Dead Sea between the headlands of Feshkah and Mersid, are Wady en Nar and Wady Derajeh. The Wady en Nar (Kidron) rises at Jerusalem, passes the monastery of Mar Saba in a profound ravine, and reaches the Dead Sea on the south of Ras Feshkah. The Wady Derajeh rises at Bethlehem, passes Jebel Fureidis, the site of the fortress of Herodium, and empties itself into the Dead Sea at the widest part of the shore, midway between the headlands.
The Plain of Engedi is about half a mile broad, and a mile in length. It has the cliffs of Wady Sideir on the north, and those of Wady el 'Areijeh on the south, while on the west rises terraced slopes on the top of which, 600 feet above the sea, is the plateau where the famous spring rises under a great boulder, and then falls down over the rocks to the plain below. Six hundred feet still higher, is another plateau in the form of a pentagon, on the summit of vast cliffs standing out with a salient angle to the south-east, like a bastion at the end of
* " Tent Work," ii, 137. | WIKI |
Page:Dictionary of aviation.djvu/94
70 DICTIONARY OF AVIATION
located en a bird's antebrachium or forearm; a cubital covert; a secondary covert.
cubital covert, one of the covertefethers or tectgices lo- cated en the cubit, forearm, or antebrachium of a bird; an antebrachial covert; a secondary covert.
greater covert, one of a set or subdivision of the sec- ondary upper wing^coverts constituting a single row which projects furthest upon the secondary remiges or flight^ ethers ; one of the major tect^ices of the wing; a greater upper secondary covert; a greater secondary covert.
inferior covert, a lower covert; an under covert.
least covert, a lesser covert.
lesser covert, one of a set or subdivision of the secondary upper wmg^coverts, including all those clast as either greater coverts or median coverts; one of the minor tectices of the wing; a lesser secondary covert.
lower covert, one of the covert^fethers or tectgices en the lower or under side of a bird's wing; one of the inferior tectjices of the wing; an under covert: an inferior covert.
manual covert, one of the covert^fethers or tectr.ices located en a bird's manus or hand; a primary covert.
median covert, one of a set or subdivision of the second- ary upper wmg^coverts constituting a single row located midway between the greater coverts and the lesser coverts; one of the median tectrjces of the wing; a median secon- dary covert; a middle secondary covert; a middle covert.
middle covert, a middle secondary covert; a median covert.
primary covert, one of the wing^coverts which overlie the bases of the primary remiges or flightefethers ; a manual covert.
secondary covert, one of the wmg^coverts which overlie the bases of the secondary remiges or flightef ethers ; an antebrachial or cubital covert.
superior covert, an upper covert.
under covert, one of the covert^fethers or tectpces located en the under or lower side of a bird's wing; one of the in- ferior tectjices of the wing; a lower covert; an inferior covert.
upper covert, one of the covert^fethers or tectpces located en the upper side of a bird's wing; one of the superior tectrjces of the wing; a superior covert.
upper primary covert, one of the upper or superior coverts which overlie the bases of the primary remiges or flight? f ethers of a bird's wing; one of the set of rather long and and stiffish covertefethers or tectjices located en the upper
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Overview
Asynchronous Transfer Mode
Quick Reference
A high-performance network technology which, as its name suggests, relies on asynchronous communication. This technology uses fixed size packets known as cells. When data is sent using this method a connection is first established and all the cells that make up the data follow the same path through the network. The delivery of these cells is not guaranteed; however, the order in which they are sent is: a cell which is delivered is always received by the recipient computer after a received cell which was dispatched before it. Networks based on Asynchronous Transfer Mode, often known as ATM, are organized in the same way that wide area networks are organized: with transmission lines and routers. The technology is flexible and fast: flexible because it can handle data which is sent at a constant rate, such as audio data, as well as data sent at a variable rate; and fast because it is capable of speeds in the gigabits range. Although ATM is usually discussed in the context of wide area networks, it is also capable of being used as a base technology for local area networks which are increasingly finding their bandwidth being used up by more and more complex applications.
Subjects: Computing.
Reference entries | ESSENTIALAI-STEM |
Meghan Markle, Kate Middleton attend Wimbledon in first solo outing
Kate, Duchess of Cambridge and Meghan, Duchess of Sussex, right, sit in the Royal Box on Centre Court ahead of the women's singles final match between Serena Williams of the US and Angelique Kerber of Germany at the Wimbledon Tennis Championships, in London, Saturday July 14, 2018. (Andrew Couldridge, Pool via AP)
It’s good to be a duchess! On July 14, Meghan Markle and Kate Middleton were all smiles as they arrived at Wimbledon in their first joint solo outing. The royals, both 36, looked chic and summery in their respective ensembles for the match up between Markle’s pal Serena Williams and Angelique Kerber of Germany in the women’s singles final of the tournament.
Kate, Duchess of Cambridge, right, and Meghan, Duchess of Sussex take their seats in the Royal Box on Centre Court ahead of the women's singles final.
(AP.) The newly minted Duchess of Sussex sported a blue and white striped Ralph Lauren button down and wide legged white slacks, carrying a fedora and black handbag, while the Duchess of Cambridge opted for a white short sleeved dress with black polka dots from her go-to designer Jenny Packham and nude pumps, the Daily Mail reports. Middleton wore her hair in a signature bouncy blowout, while Markle rocked a signature messy bun.
Kate, Duchess of Cambridge, left, and Meghan, Duchess of Sussex, right, take in the sights at Wimbledon.
(AP) MELANIA TRUMP PRAISED FOR J. MENDEL GOWN: &aposSHE LOOKS LIKE A PRINCESS&apos Before making their way to the royal box at the All England club, the sisters-in-law chatted with female tennis players and ball girls and boys to learn more about the iconic tournament, People reports . The pair sat side by side and appeared to be in good spirits as they animatedly watched Novak Djokovic defeat Rafael Nadal in the heated men’s singles final.
The royals, both 36, were all smiles for the high profile London match up.
(AP) The duchesses are both avid tennis fans, each having attended Wimbledon in recent years. The sporty Duchess of Cambridge is often spotted courtside at high-profile matches with her husband Prince William and sister Pippa Middleton, while the Duchess of Sussex first attended Wimbledon in 2016, around the same time she met husband-to-be Prince Harry, the outlet notes. FOLLOW US ON FACEBOOK FOR MORE FOX LIFESTYLE NEWS Meanwhile, Williams makes a triumphant comeback to the London tournament, giving birth and battling subsequent health complications just ten months ago, Fox Sports reports . Williams and her husband, Reddit co-founder Alexis Ohanian, were amongst guests at Duchess Meghan and Prince Harry’s May 19 royal wedding. | NEWS-MULTISOURCE |
Talk:Neutrality Proclamation
It was my understanding that the word "neutral" was not included so as not to anger the British, America's major trading partner at the time, and not, as the article suggests, to appease the French. Can anyone clarify?
The Neutrality Proclamation page and the Proclamation of Neutrality page are about the same thing... Merge? | WIKI |
A Poetic Body of Work Grapples With the Physical Body at Risk
Poetry THE TRADITION By Jericho Brown Jericho Brown’s third poetry collection, “The Tradition,” opens with a poem called “Ganymede.” It begins as an unassuming reframing of the Greek myth in which Zeus kidnaps a beautiful boy, but swerves into a charged recrimination of the victim (“Don’t you want God / To want you?”) and then takes a sudden jump into the context of slavery: “And when the master comes / For our children. …” This “master” emerges near the end like a sharp note in a song, tonally and narratively dissonant from the earlier mythological imagery. History and myth meet, however, in their mutual understanding of victimhood and subjugation, and Brown ends by moving beyond self-recrimination to solemnity: “The people of my country believe / We can’t be hurt if we can be bought.” In “The Tradition,” Brown creates poetry that is a catalog of injuries past and present, personal and national, in a country where blackness, particularly male blackness, is akin to illness. The collection characterizes blackness in a number of ways: as a speck, as flowers primed to be cut down. (The title sonnet ends with some tragic, familiar names: “John Crawford. Eric Garner. Mike Brown.”) Even as he reckons seriously with our state of affairs, Brown brings a sense of semantic play to blackness, bouncing between different connotations of words to create a racial doublespeak. “Dark” may be synonymous with “morbid” or “dark-skinned,” and “black” may connote death or ethnicity. That’s the point, of course, as Brown’s well-placed juxtapositions of words and phrases and themes allow contexts to bleed together. [ This book was one of our most anticipated titles of April. See the full list. ] A writer who tends toward neatness, in the sense of formal order and lyrical restraint, in most poems Brown uses straightforward syntax studded with short sentences and questions pointed like arrows. In others, like “Shovel,” he flexes to the occasion; he mostly abandons the short sentences for winding, enjambed ones strung out by conjunctions and prepositions to lead us, with calculated precision, to lines about the nature of haunting. And in “As a Human Being,” about a domestic altercation, the poem’s obsession with pairs — repeated words and sentence structures — draws attention to the adjacency of a thing to its relative: the speaker to his father, his father to his mother, his mother to him. Every relationship is a study in proximities. But it’s Brown’s invented form, the “duplex,” a 14-line poem of staggered couplets that’s part pantoum, part sonnet and part ghazal, that showcases his particular strengths, in linking phrases and images, repeating words in a kind of transactional exchange of distance between the speaker and the reader; the repetition invites us forward only to push us slightly backward, a rhetorical push-pull that lands us back at the line where we started. In this sense, Brown’s poems are flirtatious, teasing us with moments of sexual and emotional vulnerability. “Though the spring be less than actual, / Men roam shirtless as if none ever hurt me,” he hints in one of his more riveting duplex poems, and a few pages later, he admits, “I’d oblige because he hurt me / With a violence I mistook for desire.” Brown’s speaker also reveals himself in the exquisitely executed “Layover,” an account of an assault alluded to throughout the collection. A stripped-down stream-of-consciousness account that rolls down the page without interruption by punctuation, the poem reads like a long pant, fast and yet halting, due to the sharp enjambment. The scene isn’t performed or dressed up in metaphor, but rather delivered with the small, specific details that make a story come devastatingly to life: Near everyone In Dallas is Still driving At 3:24 a.m. Off I-20 where I was raped Though no one Would call it That It takes us two-thirds of the way through the book to get to this revelation; Brown works up to the more intimate pieces, about assault, relationships and an H.I.V. diagnosis, prepping us along the way with hints of what’s to come. “My body is a temple in disrepair,” he writes in one duplex. There are countless poets of the body, but the body in Brown’s poetry serves as a nexus of the corporeal and conceptual. The “body” of his work isn’t just a physical, individual one; it’s a stand-in for various (flawed) institutions of power and belief: national history, religion, mythology, the justice system. Sometimes conversations about the body, however, risk becoming nondescript. Breaking his neat syntax, in “After Avery R. Young,” Brown writes from the view of a collective black consciousness: “Sometimes you ain’t we. Sometimes you is / Everybody.” Later, he continues: “The blk mind is a continuous / Mind. There is a we. I am among them.” Some of the more general poems about race (“After Another Country,” “Bullet Points,” “The Water Lilies”), while still worth the read, get bogged down in the conceit and buried in the broad strokes of the experience they capture. Brown’s best poems revel in the curiosities of their mythmaking and are self-confrontational in their gaze, as in the blunt, bold self-address of “Dark,” which begins, “I am sick of your sadness, Jericho Brown” and gruffly asserts, with an ironically singsong bounce and rhyme: “I’m sick / Of your hurting. I see that / You’re blue. You may be ugly, / But that ain’t new.” The same shade of cynicism appears in the seductive “Trojan,” which finds the speaker in a sexual encounter: “Candles are / Romantic because / We understand shadows. / We recognize the shape / Of what once made us / Come.” Brown goes on to land the ending with characteristic aplomb; his poems delight in their own swerves, some discreetly steered toward like a bend in a road and others making a sudden about-face. “Romance is an act,” he declares, before promptly drawing a tragic parallel to the infamous death of Patroclus, who “died because / He could not see / What he really was inside / His lover’s armor.” In Brown’s poems, the body at risk — the infected body, the abused body, the black body, the body in eros — is most vulnerable to the cruelty of the world. But even in their most searing moments, these poems are resilient out of necessity, faithful to their account of survival, when survival is the hardest task of all: “So the Bible says, in the beginning, / Blackness. I am alive.” | NEWS-MULTISOURCE |
Semiauto Portuguese AR-10 on a Sendra Receiver
So, you would like to get an original AR-10 rifle to shoot? Well, the original Armalite AR10 rifles were almost all manufactured by Artillerie-Inrichtingen in the Netherlands, and they were virtually all machine guns. They were made circa 1960-1961, and only a few contracts were made – Cuba, Guatelmala, Suban, and most notably, Portugal. The Portuguese really liked the AR10 and were planning to adopt it for their whole military, but international pressure for their activity in Angola led to the Netherlands cutting off arms sales, and Portugal only had enough AR10 rifles for its airborne units.
After many years of hard use, these were ultimately replaced by newer weapons, and the surplus guns were found by American importers. In the 1980s, these came into the US as parts kits, which led to a hunt for compatible lower receivers on which to build them. Several small companies made receivers of varying quality before Jerry Drasen and the Sendra company (note the anagram) invested the money to produce a high quality forged and milled 7075 aluminum AR10 receiver, compatible with both Guatemalan and Portuguese pattern rifles. These became the most common and the best regarded AR10 receivers, and that’s what was used to build this particular rifle. This one also has replacement wood furniture, as the original brown Bakelite was relatively fragile.
29 Comments
1. How does this weapon behave in messy field conditions? I remember the AR-15 did not suffer jamming from mud on the receiver (assuming mud stayed outside the chamber). Anyone up for a trench-condition mud test?
• The M-16 wouldn’t pass if stacked against the AK-47. The M-16 had a problem with mud and dirt jamming the receiver due to the close tolerance machining. Not so with the AK which used stamped parts. Furthermore, it is easy to see why our troops preferred the AK in a fire-fight: fast rate of fire, the destruction of the 7.62 for 1 shot, 1 kill and, it wouldn’t jam up from over heating as ours would after firing 3 full magazines, being left to suck your thumb. Sorry guys, AK every time
• Agreed. This guy is just a butt-hurt AK fanboy. The AK will operate fine even when dry soil gets into the receiver but trench mud is a different story! And the M-16 wasn’t jammed by mud. The jams came from burned propellant powder residue clogging the gas tube and the bolt!
• “M-16 wouldn’t pass if stacked against the AK-47”
I must inform you AK-47 is prototype, similarly to AK-46 and AK-48. Serial production designation is AK, you might call it 56-А-212 if you need to have digits at any price.
“7.62”
AK is just older design, that it is why it has that caliber. 5,56×45 and 5,45×39 represents new generation of cartridge, second is called low-impulse in Russian terminology, meaning easier to use in full-auto mode due to lowered recoil impulse.
http://www.thefirearmblog.com/blog/2016/01/10/5-45×39-small-but-perfect-a-history-of-development/
Also choice of 7.62 in 1940s (against also considered 6.75 caliber) was mainly due to concern with effectiveness of “special” ammunition (armour-piercing, tracer)
2. This is real rifle, not ‘matel’ version of it. Wood furniture looks good, but my question is how it behaved in Angola’s humid and hot weather.
• If the wood isn’t varnished? Very poorly. I think the Japanese Type 99 bolt-action rifle had a varnished stock to prevent moisture from swelling the wood. I could be wrong, but wood stocks tend not to like extreme weather. Incidentally, is that stock made of walnut wood?
• Sport rifles butts are from walnut; that’s what CZ is doing. For military application it can be anything from birch to mahogany. But that is history, mostly. Yeah, you are right, good varnish is the key; after properly kiln-dried blanks.
• The Japanese used their time-proven urushi, a traditional finish akin to a lacquer, that most collectores have found very difficult to replicate today (in fact, it is a natural lacquer collected from a tree endemic in Japan and other places in the Far East). You can get serious rash and dermatitis just from light sanding of an original stock…
http://www.eurus.dti.ne.jp/~k-yazawa/urushi.html
• “Wood furniture looks good, but my question is how it behaved in Angola’s humid and hot weather.”
I would say that properly made wood is feasible material for rifle stock even for such climates – if this wasn’t cause South American countries would aptly search for other materials for that purpose in second half of 19th century – first half of 20th century.
Take for examples this wooden aeroplane: https://en.wikipedia.org/wiki/De_Havilland_Mosquito
which was (…)operated by the RAF in the South East Asian theatre and by the Royal Australian Air Force (RAAF) based in the Halmaheras and Borneo(…), notice that Borneo is in monsoon if I am not mistaken (rain a lot) and also application as structural element of 1940s military aeroplane is much more demanding than rifle stock.
• I did not formulate my question properly. It should have been intended for entire rifle, not just its wooden furniture.
Certainly, there were other rifles such as FAL which served in African continent satisfactorily. I remember there was one man form former Rhodesian military who used it and was happy with it.
• The RAF (and the RAAF, if I remember well) experienced serious issues with the wooden structure – and the adhesive used to held it together – of their DH Mosquitos in the SE Asian theatre. This is mentioned in Geoffrey Thomas’ book “Eyes for the Phoenix: Allied Aerial Photo-reconnaissance Operations in South-East Asia, 1942-1945” (Hikoki Publications, 1999
In the heat and high moisture prevalent in India and Burma, the glue, that worked well in temperate and cold (and drier, I suppose) climates, came unstuck…
• Denny, the original Portuguese guns had foregrips and stocks made from a sort of fiberglass (painted brown). However, it is known that the Portuguese Air Force produced wooden foregrips for the rifles to replace the original fiberglass ones, which cracked too often.
3. AR-10s, IIRC, all had plastic furniture. The wood here is an aftermarket addition when these things were assembled on new-production semi-auto lowers for civilian sale in the US in the 80s.
Although trailing behind the FAL (etc) in detailed development terms, the AR-10 did surprisingly well in trials against the FAL, G3, and so on in the late 50s. Second in South Africa, for one. The FAL usually came out on top, but had a head start, being an item since about 1947. The G3 never (I think) came out on top, but was a lot cheaper than the FAL, and quite close in performance.
Ironically, no “first world” nation now uses the FAL, and few the G3. But the AR-10 has been reborn as the SR-25 and L129A1 “sharpshooter” rifles.
• I have faith in AR10, good solid gun and as you mentioned it has followup too. I wonder what would be recollections from non-U.S. users, such as Portuguese military veterans. I suppose there are not that many survivors of Angola war left.
• More specifically, the Portuguese air force was the user of these rifles. Paratroopers and heliborne/ air mobile troops, which in the Portuguese colonial wars were air force responsibilities just as in WWII Germany the Fallschirmjäger were air force/Luftwaffe troops. Of course, then there is the weird stuff like the Herman Göring panzer division!
From what I have read, the AR10 was popular with those troops–albeit few in number–who used it. The Netherlands was one of the Nato members most opposed to Portugal’s colonial war, and so that is why the AR was not more widely distributed. The army initially showed a preference for the FAL, but opted for the G3 because H und K would help set up the production facility at Braço de Prata…
My understanding is that Brownells is selling a retro Portuguese and retro Dutch AR10 without selective fire features as part of its “retro” AR sales project. There are period-specific ARs built according to the “warts and all” criteria of the given period… No forward assist, three-pronged flash hider wrecked by GIs when used as a pry bar, rate-of-twist for the older M183 55gr. 5.56mm ball… etc.
4. Looking forward to viewing these videos on PornHub. We’re in a full-on culture war, we shouldn’t give youtube a dime.
Excellent video, as usual. It would be gratifying if you would cover just the differences in large-frame ARs – original Armalite, SR-25, AR-10B, DPMS Gen 1, AR-10A
5. Why were they still using Bakelite in the Late 50s and early 60s? Surely there were better plastics by then such as glass filled Nylon.
6. I must give credit to the Dutch for their snowflakery.
By preventing the Portugese from having their AR10s, all they did was close down their own firearms manufacturing facilities. The Portugese got G3s instead, as it seems the Germans did not have the same liberal disdain as the Dutch about arming a fellow NATO member.
Well done, Dutch liberals!
• The Portuguese revolution brought the Angolan war of secession to a de facto end,
after that the need for lots of rifles ended. And probably the supply of semi sound currency to pay for them ended as well.
7. Its possible that in hands of better trained maybe professional troops like these paratroopers gun behaved, but in scenario of adopting it for whole military and regular low skill lazy conscripts, maybe m16 vietnam style problems would resurface.
8. At 7:45 in the video, the way that Rear Sight is cranked so far to the left; it was either last fired in a heavy cross wind, or not too accurate a rifle !
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How to Invest in Cancer-Fighting Stocks
A 19th-century surgeon described cancer as "the emperor of all maladies, the king of terrors." Cancer isn't just one disease. Instead, it includes a wide range of diseases in which abnormal cells in the body divide uncontrollably.
But the reign of this terrible "emperor" is definitely under attack. Over the last several decades, new ways to diagnose and treat cancer have been developed. An entire industry has emerged with a primary goal of fighting cancer.
It might seem callous to think about trying to make a profit by investing in cancer-fighting stocks. However, companies developing more effective cancer therapies need access to capital. And publicly traded companies have made some of the greatest breakthroughs in cancer treatment.
How can you get started in investing in cancer-fighting stocks? There are seven key steps to follow:
Develop a general understanding of the cancer treatment industry.
Identify the key trends for cancer-fighting stocks.
Understand the risks associated with cancer-fighting stocks.
Know what to look for in cancer-fighting stocks.
Evaluate the top cancer-fighting stocks.
Invest in one or more cancer-fighting stocks.
Reevaluate your investment decisions periodically.
Here's what you need to know about each of these seven steps for investing in cancer-fighting stocks.
Image source: Getty Images.
1. Develop a general understanding of the cancer treatment industry
Nearly $150 billion was spent in 2018 on drugs to treat cancer, according to the IQVIA Institute for Human Data Science. The top 38 drugs accounted for 80% of this amount.
As you might expect, both large pharmaceutical companies and small biotechs have targeted cancer. More than 700 drugmakers have cancer therapies in late-stage clinical development. Of these, nearly 500 have late-stage pipelines solely focused on treating cancer.
What does "late-stage" actually mean? Once a drug candidate is identified, there's a long process required before it can reach the market, often referred to as the drug pipeline. Preclinical testing is first conducted in the laboratory and with animals. If this testing goes well, the drug advances to phase 1 clinical studies that primarily focus on evaluating the drug's safety. Assuming this phase 1 testing is successful, the drug moves to phase 2 studies that test the drug's efficacy and determine appropriate dosage levels. Only after the successful completion of phase 2 studies will a drug advance to phase 3 clinical testing and be viewed as a late-stage candidate.
Cancer drugs that appear to be both safe and effective in late-stage testing are then submitted for regulatory approval. In the U.S., the Food and Drug Administration (FDA) reviews all drugs for approval. In the European Union, the European Medicines Agency (EMA) evaluates drugs and makes approval decisions.
2. Identify the key trends for cancer-fighting stocks
Three key trends should impact cancer-fighting stocks for years to come:
Aging populations
Earlier diagnosis
Personalized cancer medicines
As individuals age, their risk for cancer increases significantly. Around 60% of cancer patients are age 65 or older. This 65-and-over group is the fastest-growing segment of the U.S. population. Sixteen percent of the world's population will be age 65 or over by 2050, up from 9% in 2018. Demographic trends appear likely to drive the numbers of cancer diagnoses much higher over the next few decades.
Many types of cancer can be effectively treated if they're diagnosed early enough. Another key trend that will impact cancer-fighting stocks is the emergence of new methods to detect the presence of cancer at early stages. One important development on this front is liquid biopsies -- blood tests that can identify DNA fragments that break off from tumor cells and can be used in early diagnosis of cancer.
While the prevalence of cancer increases and new methods help diagnose cancer earlier, personalized medicine will likely be a major trend in treating cancer. Personalized cancer medicine involves genetic testing of a patient's cancer cells and normal cells to identify the most effective treatment option. Drugmakers are increasingly focusing on developing personalized medicines that target types of cancer caused by specific genetic mutations (abnormal changes in genes).
3. Understand the risks associated with cancer-fighting stocks
Companies that develop cancer drugs have a high risk of failure in clinical testing. Cancer drugs that begin a phase 1 clinical study have only a 6.2% chance of going on to win FDA approval, according to an analysis by the Biotechnology Innovation Organization (BIO). Cancer drugs have the lowest probability of approval compared to drugs that treat other diseases.
Even after a drug successfully completes late-stage clinical studies, there's no guarantee of regulatory approval. Only one-third of cancer drugs that make it to phase 3 studies win FDA approval, according to BIO. Again, those odds are lower than with any other disease.
Certain types of cancer drugs have better chances, though. More than 73% of hematology drugs, which include drugs that fight blood cancers such as leukemia, that begin phase 1 clinical testing go on to win FDA approval. Still, drugmakers face a significant risk of clinical or regulatory failure.
Also, it's not a slam dunk that a cancer drug will be a commercial success after it wins regulatory approval. Competition is intense. More than half of cancer drugs on the market combined generate only 2.2% of total oncology spending.
4. Know what to look for in cancer-fighting stocks
For the stocks of companies with cancer drugs already on the market, you'll want to look into how quickly sales are increasing for those drugs. Note, however, that the launches of new drugs sometimes start off slowly as companies increase awareness about the drugs among physicians.
Large pharmaceutical companies will typically have other types of approved drugs as well. It's important to find out how well these companies' overall revenue and earnings are growing. A company could have a great cancer drug with fast-growing sales that are eclipsed by declining sales for other drugs that don't treat cancer.
Check out the company's pipeline as well. The stocks of companies that have promising late-stage candidates will generally be less risky than those of companies with only early-stage drugs.
Evaluating the strength of a drugmaker's pipeline can be challenging. Find out what analysts and other industry observers say about a company's pipeline candidates. Read up on any previous clinical results for the drugs. For smaller drugmakers, see if larger companies have partnered on any of their pipeline candidates. That's usually a good sign that the experimental drug has significant potential.
You'll also want to closely examine the cash position of the drugmakers that aren't yet profitable. A small company could have to issue new shares or take on debt if it doesn't have enough cash to fund operations well into the future. Issuing new shares causes shareholder dilution -- each existing share becomes less valuable when more shares become available. Increased debt means higher interest expenses, which can limit how much a company can invest in research and commercialization.
5. Evaluate the top cancer-fighting stocks
There are far too many cancer-fighting stocks to evaluate here. To keep it simple, we'll look at five stocks that are most likely to have top-selling cancer drugs over the next few years to give you a feel for how to evaluate cancer-fighting stocks.
Data sources: Company SEC filings.
AbbVie
AbbVie is best known for immunology drug Humira, which currently reigns as the world's top-selling drug. However, the company also has a tremendously successful cancer drug for which sales are soaring: Imbruvica.
Imbruvica is currently approved to treat several types of cancer, including chronic lymphocytic leukemia (CLL) and mantle cell lymphoma (MCL). Market researcher EvaluatePharma predicts that Imbruvica will be the No. 5 biggest blockbuster drug in the world by 2024 with annual sales of $9.5 billion, more than twice the $4.5 billion the drug made in 2018.
In addition to Imbruvica, AbbVie's lineup includes another fast-rising cancer star with Venclexta. The leukemia drug could be on track to achieve peak annual sales of around $2 billion.
The challenge for AbbVie will be to offset declining sales for Humira, which currently generates more than 56% of total revenue. AbbVie's cancer franchise will help but won't be enough on its own. The company announced the $63 billion acquisition of Allergan in June 2019 as part of its growth strategy. AbbVie also has a promising pipeline, although its primary strength is in immunology.
Bristol-Myers Squibb
Bristol-Myers Squibb claims two drugs on EvaluatePharma's ranking of the biggest blockbusters of the future. One of them, Opdivo, is a cancer drug, while the other, Eliquis, is an anticoagulant.
Opdivo is a cancer immunotherapy, which means it harnesses the body's immune system to attack cancer cells. The drug is currently approved for treating a wide range of cancer types, including lung cancer, melanoma, and kidney cancer. Opdivo raked in $7.6 billion in 2018 and appears to be on track to make more than $11 billion by 2024.
BMS pairs another of its immunotherapies, Yervoy, with Opdivo to treat some types of cancer. The big pharma company also has two other cancer blockbusters, Empliciti and Sprycel.
Thanks to its pending acquisition of Celgene, Bristol-Myers Squibb should soon have an even stronger cancer franchise. Celgene's Revlimid is the top drug used for treating multiple myeloma and myelodysplastic syndrome (MDS). Celgene also claims one of the most valuable pipeline drugs in development with liso-cel, a cancer therapy the biotech expects to submit for FDA approval this year.
Johnson & Johnson
Johnson & Johnson co-markets Imbruvica with AbbVie. While the company's share of Imbruvica's sales continues to climb, J&J has two other cancer drugs for which sales grew even more rapidly in 2018: Darzalex and Zytiga.
Multiple myeloma drug Darzalex could eventually generate annual sales of more than $5 billion, up from $2 billion in 2018. However, prostate cancer drug Zytiga appears to have already hit its peak. The drug made nearly $3.5 billion in 2018, but sales are falling now that it faces generic competition.
The good news for J&J is that it already has another prostate cancer drug on the market with Erleada. The bad news is that although Erleada should be successful, its peak annual sales are expected to reach $1.3 billion -- well below Zytiga's peak.
In addition, J&J's bladder cancer drug Balversa could become another blockbuster for the company. The drug is the first personalized medicine approved for treating bladder cancer. Balversa targets patients whose tumors have specific mutations in the FGFR3 or FGFR2 genes.
Merck
Merck's cancer immunotherapy Keytruda was the No. 3 best-selling drug in the world in 2018. But it's on course to take the top spot within the next few years. Keytruda is expected to generate annual sales of $17 billion by 2024, more than double the $7.2 billion the drug made in 2018.
But Merck doesn't have a deep bench beyond Keytruda, at least in cancer treatment. The company does, however, claim a strong vaccine franchise led by Gardasil and ProQuad/M-M-R II/Varivax.
Keytruda is a cornerstone of Merck's late-stage pipeline, with phase 3 studies in progress evaluating the drug in a number of cancer types. Merck is also partnering with Japanese drugmaker Eisai on Lenvima and with AstraZeneca on Lynparza. Both drugs are already approved for treating multiple types of cancer and are in late-stage studies targeting additional types of cancer.
Pfizer
Pfizer's breast cancer drug Ibrance is already a huge winner, racking up sales of $4.1 billion in 2018. Some analysts think that Ibrance could generate peak annual sales of $8 billion.
While Ibrance has plenty of growth potential, cancer drug Sutent is likely to experience sales declines in the face of newer competition. On the other hand, Pfizer's prostate cancer drug Xtandi could become the company's next cancer blockbuster. Pfizer also has several new cancer drugs that should deliver solid growth, including breast cancer drug Talzenna and lung cancer drug Lorbrena.
Pfizer has a dozen late-stage cancer programs. Four of those programs involve Bavencio, an immunotherapy Pfizer is co-developing with German pharma company Merck KGaA (not to be confused with the U.S.-based Merck).
Although Pfizer's cancer franchise appears to be strong, the company is headed for a major sales slump with blockbuster nerve pain drug Lyrica facing an onslaught of generic competition. The company should be able to return to growth after 2020, though, as it moves past the negative impact of declining sales for Lyrica.
One exchange-traded fund to consider
In addition to evaluating top cancer-fighting stocks, consider one exchange-traded fund (ETF) that focuses on stocks of companies with cancer drugs. The Loncar Cancer Immunotherapy ETF (NASDAQ: CNCR) offers exposure to multiple stocks of companies that develop cancer immunotherapies. Like a mutual fund, an ETF allows investors to spread their money around and not rely too much on any individual stock. Unlike a mutual fund, an ETF is traded on a major stock exchange, and the price you'll pay to buy shares is determined just like that of a common stock.
The primary reason to consider the Loncar Cancer Immunotherapy ETF is that it provides some diversification. The ETF currently holds positions in 25 cancer-fighting stocks, including Bristol-Myers Squibb and Merck. The main downside to buying the ETF is that there's an annual management fee of 0.79%.
6. Invest in one or more cancer-fighting stocks
Your next step is to actually invest in one or more cancer-fighting stocks. Keep in mind, though, that you shouldn't put too much of your portfolio in one stock or even in one industry, for that matter. Diversification will always be a smart choice for investors.
Different investors have different views about how much of their overall portfolio to put in one stock or one industry. In general, you probably should initially invest no more than 5% of your portfolio in one stock and no more than 20% in one industry. Over time, though, it's possible that growth could give an individual stock or a specific industry a greater weighting in your portfolio.
7. Reevaluate your investment decisions periodically
The last step is one that you'll need to repeat periodically: Reevaluate your investment decisions. Go back to the reasons you initially bought cancer-fighting stocks and make sure they're still applicable. It's possible that one or more of your stocks have run into some of the risks discussed earlier and no longer are as attractive.
How often should you reevaluate? There's no magic answer, but a good rule of thumb is to look at your investments every three months or so.
Why invest in cancer-fighting stocks?
You've learned how to invest in cancer stocks. But why should you invest in these stocks? The main reason is the same reason you would invest in any kind of stock: to generate market-beating returns over the long run.
The good news is that solid cancer-fighting stocks should be able to achieve this goal. IQVIA projects that the cancer treatment market will grow by a compound annual growth rate (CAGR) of 11% to 14% over the next five years. The best-performing cancer-fighting stocks should provide returns that beat this overall growth range.
Of course, there's also another key reason to invest in cancer-fighting stocks: It allows you to own part of one or more companies that are attempting to battle a group of terrifying diseases. By owning cancer-fighting stocks, you play a small part in the ongoing effort to dethrone the emperor of all maladies.
10 stocks we like better than Pfizer
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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 |
Arduino Libraries
Need Help Installing a Library?
Check out our super-detailed tutorial for all operating systems here:
http://learn.adafruit.com/adafruit-all-about-arduino-libraries-install-use
What is a library?
Libraries are great places, and not yet illegal in the United States! If you ever need to learn how to do something, like say fix a motorcycle, you can go to your local library and take out a book. Sure you could buy the book but the library is nice because as a resource you can get the book whenever you need it, keeping your house uncluttered.
Software Libraries are very similar. We already studied what a procedure is, in lesson 3: a procedure is a list of things to do. A library is a big collection of procedures, where all the procedures are related! If you, say, want to control a motor, you may want to find a Motor Control Library: a collection of procedures that have already been written for you that you can use without having to do the dirty work of learning the nuances of motors.
For example, this is the Serial Library, which allows the Arduino to send data back to the computer:
Using Libraries
One of the best features of the Arduino project is the ability to add on pre-crafted libraries that add hardware support. There's tons of them, and you can pick and choose which to install. They're only loaded in when the sketch you're working on needs them, so for the most part you can download and stash them for future use.
Sketches will often depend on libraries, you can see what they are by looking at the top of the sketch. If you see something like:
Download: file
#include <FatReader.h>
That means that you'll need a library called FatReader or a library that contains the file FatReader. If you dont have it installed you'll get an error:
What's in a library?
A library is a folder with some files in it, the files will end in .cpp (C++ code file) and .h (C++ header file).
There may also be some .o files. The .o files are C++ compiled Objects. If you end up working on the library and modifying it, be sure to delete the .o files as that will force the Arduino IDE to recompile the modified .cpp's into fresh .o's.
Two optional files you may see are keywords.txt (this is a hints file to tell the Arduino IDE how to colorize your sketch and examples folder, which may have some handy test-sketches. These will show up under the File→Examples→Library dropdown.
It's important to remember!
The structure of the library folder is very important! The .c and .h files must be in the 'lowest level' of folders. For example, you cant have Arduino/libraries/WaveHC/WaveHC/file.c or Arduino/libraries/MyLibraries/WaveHC/file.c - it must be Arduino/libraries/WaveHC/file.c
How to install libraries
In Arduino v16 and earlier, libraries were stored in the ArduinoInstallDirectory/hardware/libraries folder, which also contained all the built-in libraries (like Wire and Serial).
In v17 and up, the user libraries are now stored in the ArduinoSketchDirectory/libraries folder. You may need to make the libraries sub-folder the first time. However, the good thing about this is you wont have to move & reinstall your libraries every time you upgrade the software.
For example, here is how it looks when NewSoftSerial is installed in Windows (of course your username will be different).
On a Mac, your arduino sketch folder is likely going to be called Documents/arduino so create a NEW FOLDER inside that called libraries and place the uncompressed library folder inside of that.
Check that the Documents/arduino/libraries/MyNewLibary folder contains the .cpp and .h files.
After you're done, restart the Arduino IDE.
This guide was first published on Jan 12, 2013. It was last updated on Jan 12, 2013. This page (Arduino Libraries) was last updated on Nov 20, 2015. | ESSENTIALAI-STEM |
Page:Philosophical Review Volume 4.djvu/396
380 : Men may be killed by a profuse loss of blood, by suffocation, by want of food, etc.
These propositions, then, are given in human experience with sufficient clearness. Is there any power behind them, capable of enforcing obedience? The very fact that certain consequences, good or bad, apparently always ensue upon certain classes of actions, would of itself suggest that this is the case. But we can go further. The Law of Nature, as above stated, points out the way to the common good; God must desire the common good; therefore these [derived] propositions must be regarded as Laws of God,—in which case there can be no question as to the 'competent authority.' The good or evil consequences which result from actions, must be regarded as 'sanctions,' divinely ordained. In a word, these Practical Propositions, derived from experience, are not only Laws, but Laws in the completest possible sense.
We are now quite prepared to understand Cumberland's notion of Obligation. He says: "Obligation is that act of a legislator by which he declares that actions conformable to his law are necessary to those for whom the law is made. An action is then understood to be necessary to a rational agent, when it is certainly one of the causes necessarily required to that happiness which he naturally, and consequently necessarily, desires." Obligation is regarded as perfectly immutable, for it could change only with the Nature of Things. That anything in what is so vaguely termed the Nature of Things could change, Cumberland did not for a moment suppose.
In treating of obligation, the author sometimes uses language which might suggest determinism. It is to be remembered, however, that he is an uncompromising libertarian,—so far, at least, as it is possible to define the position of one so little given to metaphysical speculation or the precise use of | WIKI |
User:GainLine/Articles created & improved
Articles Created & Improved
* Garda Public Order Unit R
* Garda Mounted Unit C - My first article
* Murder of Raonaid Murray C Symbol question.svg
* Scissor Sisters (convicted killers) C Symbol question.svg
* Kidnapping of Sharon Commins C
* Sakae Menda E Symbol question.svg
* Live at the Point (1994 Christy Moore album) C
* Gert Smal C Symbol question.svg
* MV Shōnan Maru 2 C Symbol question.svg
* Matthew Elderfield C Symbol question.svg
* The Liffey SwimC Symbol question.svg
* Micky McAvoy E Symbol question.svg
* Bill Cullen E Symbol question.svg
* Neven Maguire C Symbol question.svg
* Emergency Airworthiness Directive C
* Murder of Shane Geoghegan C Symbol question.svg
* History of Volkswagen in Ireland C Symbol question.svg
* Emerald Warriors RFC E Symbol question.svg
* Guinness Black Lager C Symbol question.svg
* Eye Contact in Rugby union R
* Michael Fingleton C Symbol question.svg
* Thomas Gisborne Gordon C Symbol question.svg (in collaboration with MacRusgail)
* Scrum machine C (in collaboration with MacRusgail)
* History of rugby union matches between Munster and New Zealand C Symbol question.svg
* Rugby shorts C Symbol question.svg
* Rugby socks C
* Irish Rugby Union Players Association C Symbol question.svg
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Key: R = Rework C = Created E = Expanded = Featured on Did you Know? | WIKI |
where is video url for youtube downloader: 2023 The Best Practice
Where Is Video Url For Youtube Downloader: 2023 The Best Practice
Introduction
Understanding the world of YouTube downloaders can be a daunting task, especially for those unfamiliar with the intricacies of the process. This guide aims to shine a light on the best practices of 2023 and help users make an informed choice.
What is a YouTube Downloader?
A YouTube downloader is a tool or software that lets users download videos from YouTube directly to their device. These tools come in handy for offline viewing, backing up favorite content, or repurposing video content for other platforms.
Downloading Videos Directly From YouTube Searches
One of the lesser-known features of certain YouTube downloaders is their ability to pull videos directly from search queries. This can be particularly useful for users looking to batch download or quickly save a selection of videos without manually copying each link.
Utilizing youtube-dl from a Search Query
youtube-dl is a renowned tool that can facilitate this process. Not only can it source videos from YouTube, but it's also compatible with numerous other video platforms.
Steps to Download Videos Using Search Queries:
1. Begin with your search query on YouTube.
2. Copy the URL from the address bar.
3. Use youtube-dl to initiate the download.
Downloading Via URL Modifications
You can bypass third-party tools entirely by manipulating YouTube URLs. There are a few different methods available, some more user-friendly than others.
Method 1-4: URL Alterations for Video Downloads
While there are multiple ways to change the URL for direct downloads, this guide delves deeper into four efficient techniques.
EaseUS MobiMover: The Handy Alternative
For those who prefer a more straightforward approach, EaseUS MobiMover is a seamless solution, allowing users to simply copy and paste the video URL for free downloads to computers or iOS devices.
Resolving Common Issues with YouTube Downloaders
No tool is without its hiccups. Users may occasionally encounter errors or issues, but with a little knowledge, these can be easily resolved.
Dealing with Download Errors
A prevalent issue some encounter is the "keyerror," typically relating to URL and cipher complications. This particular error stems from an issue within the extract.py file of pytube. Further details and solutions can be found here.
Exploring Other YouTube Downloader Options
While youtube-dl, URL modifications, and EaseUS MobiMover are all viable options, there are numerous other YouTube downloaders available, each with its unique features.
A Look at Some Alternatives:
• SaveFrom.net: Renowned for its versatility, allowing multiple format downloads.
• Y2mate: Offers HD quality downloads and MP3 conversions.
• ClipGrab: An open-source option for multiple operating systems.
Conclusion
In the evolving digital landscape of 2023, downloading YouTube videos has never been more accessible. Whether you're using youtube-dl, manipulating URLs, or trying out other tools, the options are vast and varied. It's always recommended to explore multiple solutions to determine which aligns best with your needs. Armed with the knowledge from this guide, you're well-equipped to delve into the world of YouTube downloading.
Leave a Comment | ESSENTIALAI-STEM |
Talk:Semi-major and semi-minor axes
Confusion or me being dumb
Forgive me, it's late, I may be missing something obvious, but it seems like the mathematical and astronomical definitions given in this article are contradictory. If the semi-major axis is half the largest diameter of the ellipse ie. the largest radius, then surely this is the same as the aphelion point of an orbit, not a sort of 'average orbital radius'? Trent 900 23:12, 9 April 2007 (UTC)
* The semi-major axis is measured from the center of the ellipse, while the aphelion and perihelion distances are measured from the focus. The foci are offset from the center of the ellipse by an amount directly proportional to the eccentricity ( i.e offset=e*a). Norbeck (talk) 08:16, 13 July 2010 (UTC)
time of year
Is it true that the earth and sun are 1 AU apart at the same two antipodal points of the calendar year? If so then when, would be a good piece of information here. MotherFunctor 17:23, 27 April 2007 (UTC)
Sort of
If you ignore the precession of the equinoxes (which define the tropical year), precession of the axial tilt (which affect sidereal year) and the precession of perihelion (which affects the anomalistic year)... which I think are reasonable assumptions to make in the short term...
... then no, the distance of 1 AU is achieved at some point in time, T days into the year, and again at -T (that is, T days before the start of the year). Anomalistic year, that is (since Im using perihelion as a reference point). The same is true for any arbitrary distance you want to pick, not just 1 AU. These points T and -T are not 180 degrees apart (neither by ellipse center nor by foci) due to the fact that the orbit is not a perfect circle.
<IP_ADDRESS> (talk) 17:34, 27 April 2012 (UTC)
derivations instead of relations please
There are no references on how to derive these relations, neither are they derived here, only presented i.e. for ellipse a=-mu/2epsilon ... —Preceding unsigned comment added by <IP_ADDRESS> (talk) 13:42, 22 April 2011 (UTC)
Average Distance??
If the average distance is the distance as measured between the orbiting body and the primary focus... then how does the average depend on the angle (what, angle?, where'd that come from) you measure over? — Preceding unsigned comment added by <IP_ADDRESS> (talk • contribs) 17:23, 27 April 2012 (UTC)
Error in equation
Error in equation
The equation for angular momentum is incorrect.
(I will try to find a source for the correct equation, simply removing the division in the sqrt should fix it.)
This is only my second edit (prompted by trying for hours to get the wrong equation to work in my computer program) so I do not yet know how to change equations, and do not have a good source for my equation in the meantime I will add a note below the equation. — Preceding unsigned comment added by Paul Torry (talk • contribs) 00:05, 2 December 2012 (UTC)
http://www.physicsforums.com/showthread.php?t=393715
further correction
H is not in fact angular momentum but rather specific angular momentum. — Preceding unsigned comment added by Paul Torry (talk • contribs) 00:14, 2 December 2012 (UTC)
Image thumbnail not readable
While the image itself (if you click on the link to it) is perfectly readable, the thumbnail size in this page is not. I have 0 experience with images on wikipedia - is there a good way to fix this? Like a smaller image to begin with, or an SVG instead? I may be able to do the heavy lifting if someone points me in the right direction. I've perused Extended_image_syntax, which led me to the belief that increasing the thumbnail size to 2.5x is sometimes OK, and I "Be'd Bold" to make that change, but it's quite a size difference so if there's a better way, let me know. RobI (talk) 15:40, 29 April 2013 (UTC)
Astronomy Section
I don't want to come off sounding harsh, but I am rather perplexed reading these pages dealing with with orbital geometry. This particular page and specifically this section of this page comes to epitomize my disgust. Whoever is writing this stuff does not appear to come from a background of physics, astrophysics or astronomy and it makes following these pages a magnitude more difficult.
Gravitationally defined (astronomical) orbits are created by the warping of space-time by massive objects (yeah-yeah fancy talk but that is as simple as it gets), in each system the most massive of these objects are the closest object to, and typically cover one, orbital focal point (see introduction illustration; exceptions are balance binary star systems). Because of the perturbations that exist in most space (i.e three body problems) even the most perfect circular orbits become elliptical over astronomical time frames. Within systems, smaller objects periodically advance and retreat on primary focal points. When one assumes the perspective of the massive center, there are two natural positions (nodes) within these elliptical orbits. The first node, called the periapsis (Pe), is the point of closest approach to the systems center. At this point the orbiting object is no longer advancing on or retreating away from the systems center, but Pe also has the highest orbital and angular velocities. In addition the proxi-periapsis region primarily defines the stability of the orbit, because if at periapsis the object can interact with the atmosphere (e.g. Aerobreaking as an example), liquids (e.g. moon/earth tidal effects) or terrain of the massive center, then orbit is subject to rapid change. The second apsis, Apoapsis (Ap) has opposing statistics, being furthest away and having the lowest velocities. Since Ap has the lowest kinetic energy perturbations of the Pe (e.g. Aerobraking) can have assymetrically large affects on Ap. Because of its low kinetic energy at Ap, for highly eccentric orbits the Ap is the point in an orbit where it is easiest to alter inclination (all other parameters being held equal), periapsis and eccentricity. If the Ap is near the boundary of influence of system other objects can result in ejection from the system. For these reasons stable orbits are frequently denoted by Pe, and Ap as well as period as these parameters are 'reasonably' static (for discussions of how these change see Precession). Since Pe lies along the axis from the elliptical center through the focal point (being the closest point to the primary focal point) it is at the end of the semi-major axis. Likewise Ap being furthest away is by definition closest to the secondary focal point and is on the same line through the elliptical and system center as Pe. Consequently Ap to Pe length define the longest axis (by definition the major-axis) of the orbit. Therefore it is quite natural and simple to define the major axis in terms of these two nodes.
Major-axis (2a) = rPe + rAp and semi-major axis = 2a/2 Simple enough. No need to introduce values that are defined 'behind the curtain'. The semi-major axis is simply the arithmetic mean of the radii at closest and furthest nodes from the systems gravitationally defined center. Since radii of these two apsis is generally taken as their default values the equation can be simplified.
a = (Pe + Ap)/2
This makes defining the semi-minor axis so much easier. The semi-minor axis is the geometric mean of the same two radii.
b = (Pe * Ap)0.5
This [Astronomy-section] ill-defined value for eccentricity, e, is quite simply the relative half-range of radii deviation,
e = (Ap - Pe)/major-axis
Notice that I did not need to use l, a or b to define e. latus-rectum like e definitions are often obscure to the people who examine natural orbital statistics. These values are twice removed from the most basic statistics and should be defined last. IN this case on l requires the apriori definition of a or b, and that is for solely for ascetics.
l = b2/a
it could have been written as:
l = 2 (Pe * Ap)/(Pe + Ap)
Done.
Here's is the point: either out of ignorance or sophistry the editors of these astronomy sections for geometric definitions have apparently obfuscated very simply defined orbital statistics, defacto have hidden the very simplist definitions behind parameters that often hardest to extract. Most oddly, the terms periapsis and apoapsis are not even mentioned. The same problem exists for many of the geometry pages in which gravitationally defined orbital mechanics are mentioned. I don't have the time to edit all these various pages and I'm not going to engage in edit wars with mathematical ex-spurts. So take this advise or leave it.--PB666 yap 13:52, 10 June 2014 (UTC)
* Agreed and I doubt it's a problem specific to astronomy either. As a form of proof of this, I generally ignore wiki pages that present technical definitions in google for this very reason. I'm only looking at this one because I'm trying to find an obscure equation that doesn't involve apoapsis and thought to myself: "Hmm, I bet wikipedia will have some bizarre ones.". I was not wrong. <IP_ADDRESS> (talk) —Preceding undated comment added 09:30, 17 September 2016 (UTC)
Requested move 4 January 2016
The result of the move request was: not moved. Andrewa (talk) 17:47, 11 January 2016 (UTC)
Semi-major axis → Elliptical axis – This article describes all axes of an ellipse, not just the semi-major axis. Are you freaking kidding me (talk) 03:53, 4 January 2016 (UTC)
* Oppose. Article also talks about semi-major axis of hyperbolas, so elliptical axis is inappropriate. Also, this is common terminology and elliptical axis is not. Bill Cherowitzo (talk) 05:59, 4 January 2016 (UTC)
* Oppose. It's a standard parameter in orbital elements, used widely in Template:Infobox planet. Tom Ruen (talk) 08:53, 4 January 2016 (UTC)
* Oppose Tom said it better than as I could. TREKphiler any time you're ready, Uhura 20:18, 4 January 2016 (UTC)
Merge Semi-major axis and Semi-minor axis
As written here and indicated by the merge banners, with no feedback from anyone except User:Joel B. Lewis who favored the merge, I will do it later today (or tommorow). 'M'∧Ŝc2ħεИτlk 11:01, 23 April 2016 (UTC)
Grammar
Why are they "semi-major axis" and "semi-minor axis" instead of "major semi-axis" and "minor semi-axis"? The prefix "semi-" should modify the noun "axis" rather than adjectives "major"/"minor" because these terms are about the largest and smallest half-axes, not the (full) axes that are "partly largest" and "partly smallest". — Mikhail Ryazanov (talk) 21:14, 23 October 2016 (UTC)
* While in general I would not attempt to justify the quirky structure of the English language that at times defies reason, in this case I believe that it gets it right. "Semi" is not modifying major/minor but rather the full noun "major axis"/"minor axis". Major and minor here are not really modifiers, but rather part of the proper names of the two specific axes. Bill Cherowitzo (talk) 21:27, 23 October 2016 (UTC)
* I would agree if they were written as "semi-majoraxis" and "semi-minoraxis", but they are written and pronounced as separate words "semi-major"/"semi-minor" and "axis". Even the current article title "Semi-major and semi-minor axes" (rather than "Semi-major axis and -minor axis", see "hanging hyphen" in WP:HYPHEN) suggests that the noun is "axis", not "major axis"/"minor axis". — Mikhail Ryazanov (talk) 02:43, 24 October 2016 (UTC)
* By the way, here is some usage analysis. "GB" means the number of search results in Google Books, "GS" — in Google Scholar:
* {| class="wikitable"
! rowspan="2" | Adjective !! colspan="2" | Form ! some semi-axis !! semi-some axis ! major GS: 4530 GS: 42400 ! minor GS: 2930 GS: 14300 ! principal GS: 128 GS: 165 ! principal (axes) GS: 642 GS: 509 ! horizontal GS: 377 GS: 19 ! vertical GS: 457 GS: 30
* GB: 2670
* GB: 37900
* GB: 1360
* GB: 7520
* GB: 67
* GB: 11
* GB: 679
* GB: 61
* GB: 303
* GB: 2
* GB: 361
* GB: 1
* }
* As can be seen, "major/minor semi-axis" are also widely used, although less than these weird "semi-major/semi-minor axis". But as the adjectives become longer and more usual, the silliness of this idea to modify a whole noun phrase with a prefix becomes more and more evident; very few people dare to write "semi-horizontal axis" instead of "horizontal semi-axis". :–) — Mikhail Ryazanov (talk) 00:13, 5 November 2016 (UTC)
* Wouldn't the proper way to refer to both be "semi-major/minor axis"? "semi" modifies the whole term "major axis" and "minor axis", but the two of those could be shown together with "major/minor axis". Aaronfranke (talk) 07:47, 14 April 2019 (UTC)
Why the hyphens?
Is anyone interested in trying to justify the hyphenation of these terms? My impression is that the normative spelling throughout the English-speaking world is without hyphens. See, e.g., Wiktionary, OneLook Dictionary (semi-major vs semimajor) or the Oxford Dictionary. (Please cite literate sources only.) WolfmanSF (talk) 01:53, 21 November 2017 (UTC)
* I am the person responsible for the glossary section of the Astronomical Almanac published jointly by USNO and HMNAO (UK).
* This year, it was decided that the spelling of certain astronomical terms should be updated in accordance with the existing lingual norms. Among other things, it was decided to abandon the long-outdated hyphenated spelling ``semi-major in favour of the universally accepted ``semimajor . This nonhyphenated spelling has long become a norm on both sides of the pond.
* So, while the 2023 version of the glossary still has semi-major and semi-minor hyphenated, in the 2024 version hyphen will be dropped. <IP_ADDRESS> (talk) 23:19, 15 March 2023 (UTC)
* Both seem common in recent academic literature. A Google scholar search implies that the version with the hyphens is still slightly more common than the version without. What do you mean by "universally accepted" or "long-outdated"? I'm sure readers have no problem interpreting either variant. –jacobolus (t) 00:08, 16 March 2023 (UTC)
Equation and explanation for relationship between the semimajor axis and period is incorrect
In the section Astronomy/Orbital period, the equation for the orbital period is incorrect and the author makes a serious mistake in their assumption. The article states:
"$$T^2= \frac{4\pi^2}{G(M + m)}a^3\,$$
where $$G$$ is the gravitational constant, $$M$$ is the mass of the central body, and $$m$$ is the mass of the orbiting body. Typically, the central body's mass is so much greater than the orbiting body's, that $$m$$ may be ignored."
The mistake is in the fact that the mass of the orbiting body is invariant with respect to the period. If you follow Kepler's Third Law, the mass of the orbiting body cancels out. This is easily shown by setting the force of gravity equal to the centripetal force. Therefore, the correct equation should be:
$$T^2= \frac{4\pi^2}{GM}a^3\,$$
where $$G$$ is the gravitational constant and $$M$$ is the mass of the central body.
Therefore, the author's assumption that the central body's mass is so much greater ($$M \gg m$$) than the orbiting body's is irrelevant. — Preceding unsigned comment added by Chris.d.odom (talk • contribs) 15:56, 31 January 2019 (UTC)
* The text is not very explicit about the $a$ in both equations. I think, only when the smaller mass is negligible, then the contribution of the elliptic orbit of the larger mass to this $a$ is also negligible, and only then the second formula holds with $a$ denoting the semi-major axis of the orbital ellipse with the host in a focus. Too many ellipses with axes all called $a$ around. Purgy (talk) 17:36, 1 February 2019 (UTC)
* Actually, after a more careful reading, I see that the author is talking about orbits around the barycenter, or center of mass, of a two-body system. So, my original complaints were unfounded. — Preceding unsigned comment added by Chris.d.odom (talk • contribs) 19:10, 4 February 2019 (UTC)
Missing defintion for L
In the Ellipse section, in the equation following "Now consider the equation in polar coordinates", it contains "l", but this is not defined or explained. More information is needed here. Aaronfranke (talk) 09:26, 14 April 2019 (UTC) | WIKI |
in the modern sense of a game of ball for teams of nine, 1845, American English, from base (n.) + ball (n.1). Earlier references, such as in Jane Austen's "Northanger Abbey," refer to the game of rounders, of which baseball is a more elaborate variety. The modern game was legendarily invented 1839 by Abner Doubleday in Cooperstown, N.Y. Base was used for "start or finish line of a race" from 1690s; and the sense of "safe spot" found in modern children's game of tag can be traced to 15c. (the use in reference to the bags in modern baseball is from 1868). Baseball as "ball with which the game of baseball is played" is by 1885.
updated on April 15, 2018 | FINEWEB-EDU |
Talk:DreamHammer
Wrong caps
I accidentally created the page with the wrong capitalization. The correct format is DreamHammer. How can I go about fixing this on the page title? Derek Houck (talk) 15:59, 4 October 2013 (UTC)
I seem to have figured it out. Let me know if anything is amiss. Derek Houck (talk) 16:02, 4 October 2013 (UTC) | WIKI |
Solaris Energy Infrastructure Announces the Acquisition of HVMVLV, a Specialty Provider of Power Control and Distribution Solutions
HOUSTON, August 18, 2025--(BUSINESS WIRE)--Solaris Energy Infrastructure, Inc. (NYSE:SEI) ("Solaris" or the "Company"), today announced the acquisition of HVMVLV, LLC ("HVMVLV"), a specialty provider of complex and fast-turnaround electrical control and distribution equipment along with associated technical design and engineering services. HVMVLV is one of Solaris’ strategic partners and was acquired from existing management, who will remain with the Solaris team and provide significant technical expertise as the Company advances its Power-as-a-Service strategy.
Transaction Highlights and Strategy
Strengthens Solaris’ Power-as-a-Service Offering. Internalizes key capabilities related to the distribution and voltage regulation of complex and mission-critical power loads. These capabilities expand Solaris’ portfolio and deliver customers a comprehensive turnkey solution designed to accelerate deployment and time to power.
Exposure to New, High-Growth End Markets. HVMVLV’s solutions are used across a broad range of industries, including hospitality, healthcare, data centers, utilities, and energy.
Power Source Agnostic Solutions. Balance-of-plant solutions are essential across all electricity use cases, regardless of generation source, significantly expanding Solaris’ total addressable market.
Complementary Team. HVMVLV is led by industry veterans who bring years of partnership with the Solaris Power Solutions team and provide immediate depth to Solaris’ bench of technical talent.
CEO Commentary
"We’re excited to welcome and integrate the HVMVLV team to Solaris," commented Bill Zartler, Solaris’ Chairman and Chief Executive Officer. "We believe this acquisition enhances our existing offering, strategically positions us to enter new end markets, and accelerates cross-selling opportunities for Solaris’ Power-as-a-Service offering."
About Solaris Energy Infrastructure, Inc.
Solaris Energy Infrastructure, Inc. (NYSE:SEI) provides mobile and scalable equipment-based solutions for use in distributed power generation as well as the management of raw materials used in the completion of oil and natural gas wells. Headquartered in Houston, Texas, Solaris serves multiple U.S. end markets, including energy, data centers, and other commercial and industrial sectors. Additional information is available on our website, solaris-energy.com.
Forward Looking Statements
This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Examples of forward-looking statements include, but are not limited to, our business strategy, our industry, our future profitability, the benefits of the transaction with HVMVLV and our future financial performance following the transaction, plans with respect to retention of key management of HVMVLV, the anticipated growth of our power fleet and sources of financing thereafter, our future business and financial performance and our results of operations, and the other risks discussed in Part I, Item 1A. "Risk Factors" in our Annual Report on Form 10-K for the year ended December 31, 2024 filed with the US Securities Exchange Commission (the "SEC") on March 5, 2025, Part II, Item 1A. "Risk Factors" in our Quarterly Report on Form 10-Q for the quarter ended March 31, 2025 filed with the SEC on May 7, 2025 and Part II. Item 1A. "Risk Factors" in our Quarterly Report on Form 10-Q for the quarter ended June 30, 2025 filed with the SEC on August 1, 2025. Forward-looking statements are based on our current expectations and assumptions regarding our business, the economy and other future conditions. Because forward-looking statements relate to the future, by their nature, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict. As a result, our actual results may differ materially from those contemplated by the forward-looking statements. Factors that could cause our actual results to differ materially from the results contemplated by such forward-looking statements include, but are not limited to the factors discussed or referenced in our filings made from time to time with the SEC. Readers are cautioned not to place undue reliance on forward-looking statements, which speak only as of the date hereof. Factors or events that could cause our actual results to differ may emerge from time to time, and it is not possible for us to predict all of them. We undertake no obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments or otherwise, except as may be required by law.
View source version on businesswire.com: https://www.businesswire.com/news/home/20250818968619/en/
Contacts
Yvonne Fletcher Senior Vice President, Finance and Investor Relations (281) 501-3070 IR@solaris-energy.com | NEWS-MULTISOURCE |
Use node tree debugging
Node tree debugging is a method of testing your app for accessibility.
About node tree debugging
Accessibility services use a separate representation of your app's UI to operate. As you debug, you might find it useful to view the hierarchy and attributes of UI elements in the same way that accessibility services view them. To accomplish this task, you can use node tree debugging. This tool provides information about how an AccessibilityService object, such as TalkBack, views UI elements within your app.
In node tree debugging, a window's content is presented as a tree of AccessibilityNodeInfo objects. Each node in the tree may have a set of AccessibilityAction objects associated with it. Each AccessibilityAction object, in turn, stores information about the interactions that it supports, such as focusable or clickable.
Note: The object hierarchy provided by the node tree debugging tool is simplified and may not map one-to-one with the corresponding hierarchy of View objects within an app's UI.
Turn on node tree debugging
To turn on node tree debugging, complete these steps:
1. In Talkback Settings > Developer settings, select Enable node tree debugging.
2. In Talkback Settings > Developer settings, set "Log output level" to Verbose.
3. Configure a TalkBack gesture to print the node tree. This gesture is used to display the current view hierarchy to logcat.
1. In Talkback Settings > Touch exploration, select Manage gestures.
2. Select any gesture.
3. Select Print node tree.
4. Turn Talkback on.
Use node tree debugging
To use node tree debugging, complete these steps:
1. Run the following command in a terminal window:
$ adb logcat
Note: Output from the logcat command can be noisy. To filter the logcat output, consider using the TreeDebug keyword.
2. Open your app.
3. Perform the gesture that you configured to print the node tree. The hierarchy tree is displayed in the terminal window.
Interpret node tree debugging output
The following two examples use a single LinearLayout with two child views, a CheckBox and a Switch. The node tree debugging tool recognizes that the LinearLayout element can be interpreted as a FrameLayout.
Note: The node tree debugging output in logcat displays physical pixel sizes and positions (px), not density-independent ones (dp).
Example: Screen without accessibility focus
<LinearLayout orientation="vertical">
<CheckBox
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:text="Hi, I'm a checkbox!"
android:contentDescription="Testing a" />
<Switch
android:layout_width="wrap_content"
android:layout_height="wrap_content"
android:text="Toggle me!"
android:contentDescription="Testing a" />
</LinearLayout>
When you perform the "Print node tree" gesture, if all of the following conditions are true:
• The screen doesn't have accessibility focus
• The CheckBox isn't checked
• The Switch is OFF
...logcat then displays the following node tree:
V TreeDebug: (-2147453807)81.FrameLayout:(0, 0 - 1440, 2560):your-activity-name
V TreeDebug: (-2147450924)81.CheckBox:(56, 336 - 1384, 448):Hi, I'm a checkbox!:Testing a:FAC:( ):focusable:clickable
V TreeDebug: (-2147451885)81.Switch:(56, 448 - 1384, 543):Toggle me! OFF:Testing a:FAC:( ):focusable:clickable
This node tree shows the following information:
FrameLayout
• Positioned in the top-left corner of the screen (0, 0).
• Element is 1440 pixels wide and 2560 pixels tall.
Note: Typically, these size values correspond with the physical dimensions of your device's screen.
• Element displays the name of your activity.
CheckBox
• Positioned 56 pixels from the left edge of the screen and 336 pixels from the top edge.
• Element is 1384 pixels wide and 448 pixels tall.
• Element text is "Hi, I'm a checkbox!".
• Element has a content description of "Testing a".
• The following actions are supported:
• ACTION_FOCUS ("F")
• ACTION_ACCESSIBILITY_FOCUS ("A")
• ACTION_CLICK ("C")
• Element isn't checked ("( )").
Switch
• Positioned 56 pixels from the left edge of the screen and 448 pixels from the top edge.
• Element is 1384 pixels wide and 543 pixels tall.
• Element text is "Toogle me!".
• Element has a content description of "Testing a".
• The following actions are supported:
• ACTION_FOCUS ("F")
• ACTION_ACCESSIBILITY_FOCUS ("A")
• ACTION_CLICK ("C")
• Element is OFF, not checked ("( )").
Example: Screen with accessibility focus
When you perform the "Print node tree" gesture, if all of the following conditions are true:
• Accessibility focus is on the Switch
• The CheckBox is checked
• The Switch is ON
...logcat then displays the following node tree:
V TreeDebug: (-2147453807)81.FrameLayout:(0, 0 - 1440, 2560):your-activity-name
V TreeDebug: (-2147450924)81.CheckBox:(56, 336 - 1384, 448):Hi, I'm a checkbox!:Testing a:FAC:(X):focusable:clickable
V TreeDebug: (-2147451885)81.Switch:(56, 448 - 1384, 543):Toggle me! ON:Testing a:FaC:(X):focusable:clickable:accessibilityFocused
This node tree shows the following information:
FrameLayout
• Positioned in the top-left corner of the screen (0, 0).
• Element is 1440 pixels wide and 2560 pixels tall.
Note: Typically, these size values correspond with the physical dimensions of your device's screen.
• Element displays the name of your activity.
CheckBox
• Positioned 56 pixels from the left edge of the screen and 336 pixels from the top edge.
• Element is 1384 pixels wide and 448 pixels tall.
• Element text is "Hi, I'm a checkbox!".
• Element has a content description of "Testing a".
• The following actions are supported:
• ACTION_FOCUS ("F")
• ACTION_ACCESSIBILITY_FOCUS ("A")
• ACTION_CLICK ("C")
• Element is checked ("(X)").
Switch
• Positioned 56 pixels from the left edge of the screen and 448 pixels from the top edge.
• Element is 1384 pixels wide and 543 pixels tall.
• Element text is "Toogle me!".
• Element has a content description of "Testing a".
• The following actions are supported:
• ACTION_FOCUS ("F")
• ACTION_CLEAR_ACCESSIBILITY_FOCUS ("a")
(Because the Switch already has focus)
• ACTION_CLICK ("C")
• Element is ON, checked ("(X)").
To see a list of symbols used in node tree debugging to represent state and supported actions, see the TreeDebug class in the "talkback" GitHub project. | ESSENTIALAI-STEM |
[Lldb-commits] [lldb] r243281 - [lldb-mi] Fix breakpoints on functions when C++ namespaces are used.
Dawn Perchik dawn at burble.org
Mon Jul 27 10:03:34 PDT 2015
Author: dperchik
Date: Mon Jul 27 12:03:34 2015
New Revision: 243281
URL: http://llvm.org/viewvc/llvm-project?rev=243281&view=rev
Log:
[lldb-mi] Fix breakpoints on functions when C++ namespaces are used.
The command "-break-insert ns::foo" for function 'foo' in namespace 'ns'
was being parsed as file:function. This patch fixes these cases by adding
checks for '::'. (Note: '::func' is not parsed correctly by lldb due to
llvm.org/pr24271).
Reviewed by: ki.stfu
Subscribers: lldb-commits
Differential Revision: http://reviews.llvm.org/D11396
Modified:
lldb/trunk/test/tools/lldb-mi/breakpoint/TestMiBreak.py
lldb/trunk/tools/lldb-mi/MICmdCmdBreak.cpp
Modified: lldb/trunk/test/tools/lldb-mi/breakpoint/TestMiBreak.py
URL: http://llvm.org/viewvc/llvm-project/lldb/trunk/test/tools/lldb-mi/breakpoint/TestMiBreak.py?rev=243281&r1=243280&r2=243281&view=diff
==============================================================================
--- lldb/trunk/test/tools/lldb-mi/breakpoint/TestMiBreak.py (original)
+++ lldb/trunk/test/tools/lldb-mi/breakpoint/TestMiBreak.py Mon Jul 27 12:03:34 2015
@@ -75,6 +75,11 @@ class MiBreakTestCase(lldbmi_testcase.Mi
self.expect("\^running")
self.expect("\*stopped,reason=\"breakpoint-hit\"")
+ #FIXME: this test is disabled due to lldb bug llvm.org/pr24271.
+ # Test that we can set a BP using the global namespace token
+ #self.runCmd("-break-insert ::main")
+ #self.expect("\^done,bkpt={number=\"3\"")
+
@lldbmi_test
@expectedFailureWindows("llvm.org/pr22274: need a pexpect replacement for windows")
@skipIfFreeBSD # llvm.org/pr22411: Failure presumably due to known thread races
@@ -206,21 +211,20 @@ class MiBreakTestCase(lldbmi_testcase.Mi
self.expect("\^running")
self.expect("\*stopped,reason=\"breakpoint-hit\",disp=\"del\",bkptno=\"3\"")
- # Test that the target.language=pascal setting works and that BP #5 is not set
+ # Test that the target.language=pascal setting works and that BP #5 is NOT set
self.runCmd("-interpreter-exec console \"settings set target.language c\"")
self.expect("\^done")
self.runCmd("-break-insert ns.foo1")
self.expect("\^error")
# Test that the target.language=c++ setting works and that BP #6 is hit
- # FIXME: lldb-mi interprets 'ns::func' as file:func where file='ns:'.
- #self.runCmd("-interpreter-exec console \"settings set target.language c++\"")
- #self.expect("\^done")
- #self.runCmd("-break-insert ns::foo1")
- #self.expect("\^done,bkpt={number=\"6\"")
- #self.runCmd("-exec-run")
- #self.expect("\^running")
- #self.expect("\*stopped,reason=\"breakpoint-hit\",disp=\"del\",bkptno=\"6\"")
+ self.runCmd("-interpreter-exec console \"settings set target.language c++\"")
+ self.expect("\^done")
+ self.runCmd("-break-insert ns::foo1")
+ self.expect("\^done,bkpt={number=\"6\"")
+ self.runCmd("-exec-continue")
+ self.expect("\^running")
+ self.expect("\*stopped,reason=\"breakpoint-hit\",disp=\"del\",bkptno=\"6\"")
# Test that BP #1 and #2 weren't set by running to program exit
self.runCmd("-exec-continue")
Modified: lldb/trunk/tools/lldb-mi/MICmdCmdBreak.cpp
URL: http://llvm.org/viewvc/llvm-project/lldb/trunk/tools/lldb-mi/MICmdCmdBreak.cpp?rev=243281&r1=243280&r2=243281&view=diff
==============================================================================
--- lldb/trunk/tools/lldb-mi/MICmdCmdBreak.cpp (original)
+++ lldb/trunk/tools/lldb-mi/MICmdCmdBreak.cpp Mon Jul 27 12:03:34 2015
@@ -108,6 +108,25 @@ CMICmdCmdBreakInsert::ParseArgs(void)
}
//++ ------------------------------------------------------------------------------------
+// Helper function for CMICmdCmdBreakInsert::Execute(void).
+//
+// Given a string, return the position of the ':' separator in 'file:func'
+// or 'file:line', if any. If not found, return npos. For example, return
+// 5 for 'foo.c:std::string'.
+//--
+static size_t findFileSeparatorPos(const std::string& x)
+{
+ // Full paths in windows can have ':' after a drive letter, so we
+ // search backwards, taking care to skip C++ namespace tokens '::'.
+ size_t n = x.find_last_of(':');
+ while (n != std::string::npos && n > 1 && x[n-1] == ':')
+ {
+ n = x.find_last_of(':', n - 2);
+ }
+ return n;
+}
+
+//++ ------------------------------------------------------------------------------------
// Details: The invoker requires this function. The command does work in this function.
// The command is likely to communicate with the LLDB SBDebugger in here.
// Type: Overridden.
@@ -161,17 +180,16 @@ CMICmdCmdBreakInsert::Execute(void)
// Determine if break on a file line or at a function
BreakPoint_e eBrkPtType = eBreakPoint_NotDefineYet;
- const CMIUtilString cColon = ":";
CMIUtilString fileName;
MIuint nFileLine = 0;
CMIUtilString strFileFn;
CMIUtilString rStrLineOrFn;
- // Full path in windows can have : after drive letter. So look for the
- // last colon
- const size_t nPosColon = m_brkName.find_last_of(cColon);
+ // Is the string in the form 'file:func' or 'file:line'?
+ // If so, find the position of the ':' separator.
+ const size_t nPosColon = findFileSeparatorPos(m_brkName);
if (nPosColon != std::string::npos)
{
- // extract file name and line number from it
+ // Extract file name and line number from it
fileName = m_brkName.substr(0, nPosColon);
rStrLineOrFn = m_brkName.substr(nPosColon + 1, m_brkName.size() - nPosColon - 1);
More information about the lldb-commits mailing list | ESSENTIALAI-STEM |
Page:The Elements of Euclid for the Use of Schools and Colleges - 1872.djvu/249
Rh Then, because the two sides AE, ED are equal to the two sides BE,EC, each to each, [Construction.
and that they contain equal angles AED, BEC; [I. 15.
therefore the base AD is equal to the base BC, and the angle DAE is equal to the angle EBC. [I. 4.
And the angle AEG is equal to the angle BEH; [I. 15.
therefore the triangles AEG, BEH have two angles of the one equal to two angles of the other, each to each;
and the sides EA, EB adjacent to the equal angles are equal to one another; [Construction.
therefore EG is equal to EH, and AG is equal to BH. [I. 26.
And because EA is equal to EB, [Construction.
and EF is common and at right angles to them, [Hypothesis.
therefore the base AF is equal to the base BF. [I. 4.
For the same reason CF is equal to DF.
And since it has been shewn that the two sides DA, AF are equal to the two sides CB, BF, each to each,
and that the base DF is equal to the base CF;
therefore the angle DAF is equal to the angle CBF. [I. 8.
Again, since it has been shewn that the two sides FA, AG are equal to the two sides FB, BH, each to each,
and that the angle FAG is equal to the angle FBH;
therefore the base FG is equal to the base FH. [I. 4.
Lastly, since it has been shewn that GE is equal to HE, and EF is common to the two triangles FEG, FEH;
and the base FG has been shewn equal to the base FH;
therefore the angle FEG is equal to the angle FEH. [I. 8.
Therefore each of these angles is a right angle. [I, Defn. 10.
In like manner it may be shewn that EF makes right angles with every straight line which meets it in the plane passing through AB, CD.
Therefore EF is at right angles to the plane in which are AB, CD. [XI. Definition 3.
Wherefore, if a straight line &c. | WIKI |
Page:The web (1919).djvu/241
ostracism of the family, so that their disloyalty, after all, had a certain punishment, although it did not hit the crime. H and his wife were members of a Presbyterian Church, and were so openly pro-German that everybody ceased to have anything to do with them. At a luncheon given at the H household the favors distributed to a dozen ladies consisted of nice pictures of Kaiser Wilhelm. One of the guests then suggested that it would be a nice thing to sing the Star Spangled Banner, which did not please Mrs. H at all. The head of this household was educated in Germany, and married a German woman whose relatives were high in the German army. They had a daughter who was engaged to an American, but the latter broke off the engagement on account of the pro-Germanism of the H family. The social ostracism really amounted to isolation, so that it was impossible to hear of any disloyal utterances which would warrant governmental action, nor indeed any utterances at all. The town was through with them.
Northern New Jersey probably has the laziest slacker in the world. His name is M, and at one time he resided in New York. He had an Emergency Fleet classification card, but only worked two or three days out of the week and spent most of his time at home in bed. He thought he would rather go South where the climate was better. He was rated as so lazy that he was shifted from one government job to another—and that certainly is going some, in view of what is sometimes done in government service. He was so lazy that he used to go to bed with his shoes on, and would leave his light burning all night because he was too tired to put it out. This champion rester carried a registration card, but he had been given limited service on account of calloused feet. From the description of him, it is difficult to see how his feet got calloused; but at least that is what the report says.
New Jersey had a very blood-curdling citizen who dwelt in Newark under the name of H. B. He carried an American name although he was born in Italy about forty-two years ago. He came to America thirty years ago, when he was a small boy, in order to escape punishment for having killed a priest. He never dared to return to | WIKI |
Page:Popular Science Monthly Volume 5.djvu/297
Rh of a resplendent topaz." Chrysolampis, or gold-gleaming, is also very expressive of its appearance. On the head of the male bird, the feathers are elongated, and form a short, rounded crest, which can be raised or lowered at pleasure. The crest and upper part of the head appear of the most brilliant ruby-red, of a bright coppery lustre, or of a deep, sombre reddish-brown, according to the direction of the light and the observer. The throat and breast appear of the most brilliant topaz-yellow,
of a clear golden-green, or of a sombre greenish-brown, under similar circumstances. Jardine says: "It is impossible to convey by words the idea of these tints; and, having mentioned those substances to which they approach nearest, imagination must be left to conceive the rest." The upper parts of the body are velvety bronze-brown, the tail-coverts having a greenish tinge, and the wings are purple-brown. The broad and expansive tail is of a "rich chestnut-red, tipped with black, and the abdomen is of a dark olive-brown. The female has none of the ruby patches on the head, but retains a little of the topaz on the throat." | WIKI |
All About Vapour Blasting
Posted On September 9, 2015
Vapour blasting is a mixture of water vapour, abrasive media and compressed air. It is a non-aggressive blasting process used to remove unwanted rust, paint and scale from many different surfaces. It is also used in removing excessive material from rubber or plastic. The primary aim of the process is to clean and restore. It is both gentle and efficient. It removes only the unwanted materials, leaving the shape and dimension of the surface intact. This process has come handy in preparing surfaces (including Copper, Titanium, Magnesium, Brass, Bronze and Aluminium) for bridges, coating, nuclear plants and many other uses. The selling point is in its cost effectiveness and Eco friendliness.
How Does Vapour Blasting Work?
The process entails the creation of a slurry mix (mixture of water and abrasive media). Pressure is applied with the aid of a power unit and the operator applies the blast nozzle. The slurry mix is kept continuously agitated to prevent the settling of the abrasive. The vapour blast is a process that requires the abrasive to be suspended in a liquid (treated water) and projected by high velocity compressed air in high velocity.
Choosing an Abrasive for Vapour Blasting
The choice of abrasive to be used depends primarily on the nature of surface involved (pre cleaned or coated surface) and the type of treatment desired (cleaning or restoration). The available abrasives include Sand, Steel Shot, Steel Grit, Slag, Carbides, Glass Beads, Flint Garnet, Alumina and Organics (shells, cobs, etc.). Three of the preferred choices are described below:
• Corn Cobs: When the surface to be cleaned is delicate, the corncob is a preferred abrasive. This is popular in polishing wood, cleaning of glass and stone.
• Plastic Grits: This is the perfect choice for fibreglass. It is appropriate when one seeks to remove stain and avoid damaging the surface.
• Glass bead: This is appropriate for general cleaning. It is a very fine material and leaves a matte or satin finish.
What are the Benefits of Vapour Blasting?
The benefits include:
• Cost effectiveness: It reduces the quantity of abrasive to be used and has the cost of disposal.
• Portability: the equipment required for this kind of blast is portable and easy to move (with the aid of a crane or forklift) from one location to another.
• Virtually dust free: the process substantially reduces dust. Dust particles that can enter the nose or eyes and cost temporary discomfort are eliminated. There is also no risk of inhaling the dust or entering the body through open wound, abrasion or skin absorption. | ESSENTIALAI-STEM |
Blog
What’s the Difference Between Disordered Eating and an Eating Disorder?
By: Jondra Pennington, LPC
You’re out to lunch with a friend and they tell you they are no longer eating carbs.In a group chat, your best friend says she is going to hit the gym so she can “earn” the brunch you’re having later. At a family dinner, you notice your cousin quietly entering information about the meal into a dieting app on his phone. These scenarios are not at all uncommon and we’ve pretty much normalized them. However, they have attracted the attention of professionals who have identified them as habits of disordered eating or of someone on their way to developing an eating disorder.
What is Disordered Eating?
On the spectrum of eating disorders, disordered eating sits in the middle between normal eating and eating disorders (ED). The term “disordered eating” is a descriptive phrase that refers to a range of irregular eating behaviors that may or may not warrant a diagnosis of an eating disorder. Eating disorders such as anorexia or bulimia are diagnosed using a specific and narrow set of criteria that is the product of years of psychological and medical research and study. Not so with disordered eating. Since disordered eating is not a diagnosis let’s take a look at what kinds of behaviors can be identified as disordered eating.
Disordered eating habits may include:
• Avoiding entire food groups, certain macronutrients, or foods with specific extures or colors without a medical reason.
• Binge-eating
• Engaging in compensatory behaviors, such as exercising to “make up for” food you’ve consumed
• Exercising compulsively
• Cutting food into small pieces, slowing down the pace of eating, or otherwise attempting to trick yourself into feeling fuller from less food
• Fasting to lose weight
• Feeling guilt, disgust, or anxiety before or after eating
• Following strict food rules or rituals
• Intentionally skipping meals or restricting food intake — including skipping meals before or after you’ve consumed a large meal, food you consider unhealthy, or alcohol
• Opting to eat only foods you consider “clean” or healthy
• Participating in fad diets to lose weight
• Engaging in purging behaviors, such as using laxatives or making yourself vomit to control your weight
• Tracking calories to the point of preoccupation
• Weighing yourself or taking body measurements often
(Source: https://www.healthline.com/)
Looking at this list, it’s reasonable to assume that you’re looking at a list of behaviors that describes an eating disorder. And, you’d be right. So, what is the difference between an ED and disordered eating? Its frequency, severity, and impact.
How Do They Differ?
Let’s compare them by examining a compensatory activity like exercise, to make up for what you’ve eaten. With disordered eating, you may feel like you need to exercise for a period of time every day to minimize the impact of food intake, or you consider an hour at the gym 5 times a week sufficient. But, for someone with an eating disorder, compensatory activities are chronic and obsessive. They become obsessed with “getting rid of” what they’ve eaten, moving exercise from a wellness activity to a method of torture. They will go to the gym every day, sometimes twice a day for four or five hours at a time with a 10-mile run added in on the weekends. Severe food restriction may follow for several days after eating.
Consequences
Detrimental consequences for someone with disordered eating patterns include: A greater risk of developing an eating disorder, bone loss, gastrointestinal disturbances, electrolyte and fluid imbalances, low heart rate and blood pressure, increased anxiety, depression, and social isolation. In addition, a person can experience significant physical, emotional, and mental stress. While both situations have consequences, the severity differs dramatically with an eating disorder because of its impact on nearly every aspect of life particularly physiologically:
• Cardiovascular (muscle loss, low or irregular heartbeat)
• Gastrointestinal (bloating, nausea, constipation)
• Neurological (difficulty concentrating, sleep apnea)
• Endocrine (hormonal changes – estrogen, testosterone, thyroid)
• Premature death
(Source: https://www.nationaleatingdisorders.org)
Next Steps
Recovery from an eating disorder or effectively putting an end to disordered eating patterns are possible, which makes getting treatment so important. If you think you might have an eating disorder, talk to your doctor or mental health professional. You can also contact one of the following organizations for more information and support:
• National Eating Disorders Association (NEDA)
• National Association of Anorexia Nervosa and Associated Disorder (ANAD)
• The Eating Disorder Foundation
• Eating Disorders Resource Center (EDRC)
If you or a loved one are coping with an eating disorder, contact the National Eating Disorders Association (NEDA) Helpline for support at 1-800-931-2237. | ESSENTIALAI-STEM |
Ilikai Hotel & Luxury Suites
The Ilikai Hotel & Luxury Suites is a landmark oceanfront high rise hotel and condominium at the western end of Waikiki in Honolulu, Hawaii. When it opened in 1964, the Ilikai was the first luxury high rise hotel in Hawaii.
The Ilikai is also well known, outside of Honolulu travelers and residents, for appearing prominently in the opening credits of the long running TV series Hawaii Five-O. The show's star, Jack Lord, is standing on the Ilikai penthouse balcony as the camera dramatically zooms in on him. This same sequence is used in the opening credits of the 2010 remake, with Alex O'Loughlin replacing Lord.
History
The Ilikai was developed by Chinn Ho, a self-made millionaire, and two California businessmen. The building was designed by John Graham, Jr., who also designed the Space Needle in Seattle. The original building features three wings radiating from a central point in a "Y" shape.
The building was originally intended to exclusively house 1056 apartment units, and construction began in 1961. However, when the project encountered difficulties, Ho assumed complete control of the $27 million effort, and eventually re-imagined it as a complex with 509 condominium units and 504 hotel rooms. Because the hotel rooms in the original tower were designed as apartments, they were unusually large, many with their own kitchens. Two of The Ilikai's most unique features, its external glass elevator, running express to a rooftop restaurant, were both added mid-construction when the project was re-conceived as a hotel.
The Ilikai Hotel opened on February 29, 1964, with a total of 1050 units. Due to The Ilikai's success, Ho immediately announced the construction of an adjacent additional wing, eventually known as the Yacht Harbor Tower, containing 360 more hotel rooms, located across the open air lobby and pool.
Western International Hotels assumed management of the property on January 1, 1965, and managed it until October 1971. In April 1974, Ho sold The Ilikai's hotel portion, consisting of 425 rooms in the original tower and 360 rooms in the addition, to Western International for $35 million and the hotel rejoined the chain. In 1980, Western International changed its name to Westin and the hotel was renamed The Westin Ilikai. In 1987, Westin sold The Ilikai to Arizona-based Heller-White Hotels for $55 million, and it became The Ilikai again. Jowa Hawaii Co., a subsidiary of Heller-White's lenders, the Industrial Bank of Japan, exercised an option to purchase the hotel later that year for $69.5 million. The Ilikai was renovated between 1987 and 1990, at a cost of $40 million, and Jowa Hawaii brought in Nikko Hotels to manage the hotel in 1991, when it was renamed The Ilikai Hotel Nikko Waikiki. The hotel was sold again in 2000 for $57 million to Forward One LLC, owned by the Zen family of Taiwan, and reflagged to Marriott's Renaissance brand as the Renaissance Ilikai Waikiki on February 14, 2000.
In 2006, Brian Anderson and Anekona Development Group purchased the 703-room hotel portion of the property for over $200 million and the hotel left Renaissance. The remainder of the building had been converted to 575 individually owned residential condos and 80 time-share units. In 2009, the 203 hotel rooms remaining in the Ilikai, which was facing foreclosure, were acquired by New York-based iStar Financial, which brought in Honolulu-based Aqua-Aston Hospitality to manage the property. In 2010, the Yacht Harbor tower, which had been severed from the Ilikai, reopened as a separate hotel, the Waikiki EDITION Hotel, part of Marriott's luxury boutique EDITION brand. It was renamed The Modern Honolulu Hotel in 2011, after a dispute between the owners and Marriott.
Ronald and Nancy Reagan (1968) are some of the many celebrities who have stayed at the Ilikai Hotel. | WIKI |
Page:A Critical and Exegetical Commentary on Haggai, Zechariah, Malachi and Jonah.djvu/40
8 to their country under the terms of the decree attributed to Cyrus, a critical examination renders this view untenable. The reasons for a dififerent opinion are: (a) that in the title (Ezr. 2$1$) the persons enumerated are described as "children of the province" who "had returned to Jerusalem and Judah," that is, were settled in the country when the census was made; (b) that the same document, in a somewhat earlier form, is found in Ne. 7, where (v.$5$) it is called "a book of genealogy," that is, a genealogical register; (c) that the phrase, "of them that came up at the first," here found, is an interpolation, and the list of leaders in both Ezr. 2 and Ne. 7 also evidently an afterthought; (d) and that, if this list were retained, it could be used as proof of a great return in the first year of Cyrus only on the mistaken supposition that Sheshbazzar and Zerubbabel are different names for the same person. These considerations oblige one to confess that the document in question was not intended for its present connection, and that therefore it cannot be used to prove that any great number of Jews, by permission of Cyrus, returned to their country soon after the capture of Babylon.
5. It appears from Zc. 6$8$ that the Jews of Babylonia were free to return to Jerusalem when it was written, but neither this prophet nor Haggai betrays any knowledge of so great a movement as that described in the first two chapters of Ezra. In fact, Zc. 2$16$, where Zion is exhorted to "flee" from Babylon, indicates that no such movement had taken place when this passage was written. Cf. also Zc. 6$18$ 8$10$.
These are the most serious objections to the Chronicler's account of the return of the Jews under Cyrus. They do not lie | WIKI |
Kattowal
Kattowal, situated at the left bank of Jehlum River, is a small village in Malakwal subdivision of Mandi Bahauddin District in Pakistan.
It is a small village in Malakwal subdivision of Mandi bahauddin District. It has a total population of approximately 1,500 inhabitants, with all of them Muslims. | WIKI |
Montsecosuchus
Montsecosuchus is an extinct genus of atoposaurid crocodylomorphs. It is the replacement generic name for Alligatorium depereti, which was described in 1915 from the Montsec Lithographic Limestone quarry of Spain. Fossils found from this locality are from the Early Cretaceous, being Upper Berriasian-Lower Valanginian in age, belonging to the La Pedrera de Rúbies Formation While many publications concerning atoposaurids after 1915 have included mentions of A. depereti, none has offered a redescription or revision of the species, though some recognized that great differences existed between it and other members of the genus. In these publications, the skull of A. depereti was shorter in relation to body length than any other species of Alligatorium (being less than half of the presacral length), and this may have been evidence for the genetic distinction of the species, although no replacement name was proposed. However, better preparation of the holotype specimen MGB 512, a nearly complete articulated skeleton embedded in a limestone matrix now housed in the Museu de Ciències Naturals de Barcelona, allowed for a revision of the species in 1990 in which the name Montsecosuchus was first used. Montsecosuchus differs in several ways from other atoposaurids such as Alligatorium, Alligatorellus, and Theriosuchus. Several characteristics of the skull including the presence of an ungrooved parietal-squamosal suture and a caudally projecting retroarticular process distinguish Montsecosuchus from these genera. Both Montsecosuchus and Alligatorellus possess three sacral vertebrae; this may be a shared synapomorphy of the two genera. The shortness of the radius is an autapomorphy of the genus that is not seen in any other atoposaurid, although it is common in more derived crocodylomorphs. | WIKI |
Portal:Biography/Selected anniversaries/December 20
Births
* 1717 – Charles Gravier, comte de Vergennes, French politician and diplomat (d. 1787)
* 1860 – Dan Leno, English actor (d. 1904)
* 1868 – Harvey Samuel Firestone, founder of Firestone Tire and Rubber Company (d. 1938)
* 1890 – Jaroslav Heyrovský, Czech chemist and Nobel Prize laureate (d. 1967)
* 1894 – Robert Menzies, 12th Prime Minister of Australia (d. 1978)
* 1922 – George Roy Hill, American director (d. 2002)
Deaths
* 1722 – Kangxi Emperor, 4th emperor of the Chinese Qing dynasty (b. 1654)
* 1812 – Sacagawea, Lemhi Shoshone guide for the Lewis and Clark Expedition (b. 1788)
* 1921 – Hans Hartwig von Beseler, German general (b. 1850)
* 1961 – Earle Page, 11th Prime Minister of Australia (b. 1880)
* 1968 – John Steinbeck, American author and Nobel Prize laureate (b. 1902)
* 1996 – Carl Sagan, American astronomer and author (b. 1934) | WIKI |
-- Arkansas Ordered to Face Lawsuit Challenging Abortion Law
Two Arkansas abortion providers in
Little Rock won a judge’s approval to proceed with a challenge
to the constitutionality of a state law making it illegal with
some exceptions to abort a pregnancy after 12 weeks. U.S. District Judge Susan Webber Wright in Little Rock in a
ruling yesterday denied a request by the state’s attorney
general to dismiss the lawsuit. The judge said the two doctors
have standing to sue even though the law hasn’t gone into effect
and they have sufficiently alleged the law infringes women’s
constitutional rights. The doctors have presented a “controversy that is ripe for
review,” the judge said. In North Dakota, the Center for Reproductive Rights
yesterday sought court permission to challenge a new law
mandating abortion providers have hospital admitting privileges. The measure, scheduled to take effect Aug. 1, requires all
doctors who perform abortions to have privileges at a hospital
within 30 miles of their facility and permission to perform
those same procedures at the hospital. The Arkansas case was filed April 16 by Louis Jerry Edwards
and Tom Tvedten, who are doctors affiliated with Little Rock
Family Planning Services in the state’s capital city. Violation
of the law could result in a doctor losing his medical license,
according to their complaint. The Arkansas Human Heartbeat Protection Act, known as Act
301, is scheduled to go into effect Aug. 16. It prohibits the
abortion of a viable fetus, defined as having a detectable
heartbeat, after 12 weeks unless the pregnancy is the result of
rape or incest or the mother’s life is in danger. Detectable Heartbeat The doctors said that at 12 weeks, a fetus has a detectable
heartbeat while still being months away from viability, and that
20 percent of the abortions in Arkansas take place after the
12th week, according to the ruling. “The court finds that Plaintiffs have alleged facts
sufficient to state a claim that the provision of Act 301 that
prohibits abortions at 12 weeks gestation when a fetal heartbeat
is detected impermissibly infringes a woman’s Fourteenth
Amendment right to choose to terminate a pregnancy before
viability,” the judge said. Assistant Attorney General Colin Jorgensen didn’t
immediately return a call to his office after regular business
hours seeking comment on the ruling. In North Dakota, the Center for Reproductive Rights already
is suing the state on behalf of a Fargo women’s clinic over a
rule requiring contracts with back-up doctors. Yesterday’s request to challenge the new law was filed by
lawyers for the Red River Women’s Clinic with Cass County Court
Judge Wickham Corwin in Fargo. “Its purpose is to shut down the clinic, the sole abortion
facility in the state,” according to the proposed supplemental
complaint filed yesterday with the center’s bid for permission
to pursue the claim. State Attorney General Wayne Stenehjem’s press office
didn’t immediately respond to a phone message seeking comment on
the filing. Governor Jack Dalrymple signed the bill March 26. ‘‘The added requirement that the hospital privileges must
include allowing abortions to take place in their facility
greatly increases the chances that this measure will face a
court challenge,’’ Dalrymple said then in a press statement. ‘‘Nevertheless, it is a legitimate and new question for the
courts regarding a precise restriction on doctors who perform
abortions,’’ the governor said. That same day, Dalrymple also signed legislation banning
almost all abortions after the detection of a fetal heartbeat,
potentially as soon as the sixth week of a pregnancy,
acknowledging it too would likely face legal challenge. ‘‘This bill is nevertheless a legitimate attempt by a state
legislature to discover the boundaries of Roe v. Wade,’’ he
said, referring to the 1973 U.S. Supreme Court decision
establishing a woman’s constitutional right to an abortion
before a fetus is able to live outside the womb. Violation of the heart-beat rule would constitute a felony,
while a breach of the hospital admitting privileges rule would
be a misdemeanor. Corwin last month presided over a trial of the clinic’s
challenge to the back-up doctor law and other restrictions
applied to so-called medication abortions, according to the
court’s electronic docket. He hasn’t issued a written decision. The case in Arkansas is Edwards v. Beck, 13-cv-00224, U.S.
District Court, Eastern District of Arkansas (Little Rock). The North Dakota case is MKB Management Corp., doing
business as Red River Women’s Clinic v. Burdick, 09-2011-cv-02205, District Court for the East Central Judicial District,
Cass County, North Dakota (Fargo). To contact the reporters on this story:
Edvard Pettersson in Los Angeles at
epettersson@bloomberg.net ;
Andrew Harris in the Chicago federal courthouse at aharris16@bloomberg.net To contact the editor responsible for this story:
Michael Hytha at
mhytha@bloomberg.net | NEWS-MULTISOURCE |
Deficit schizophrenia: association with serum antibodies to cytomegalovirus
DEFICIT SCHIZOPHRENIA: ASSOCIATION WITH SERUM ANTIBODIES TO CYTOMEGALOVIRUS
Schizophr Bull. 2006 Apr;32(2):396-400
Dickerson F, Kirkpatrick B, Boronow J, Stallings C, Origoni A., Yolken R
Stanley Research Center at Sheppard Pratt, 6501 North Charles St., Baltimore, MD 21204, USA. [email protected]
ABSTRACT
BACKGROUND: Patients with deficit schizophrenia differ from nondeficit patients with schizophrenia relative to several neurobiological correlates and relative to the risk factors of family history and season of birth. Exposure to human herpesviruses is a possible risk factor for schizophrenia. We hypothesized that there would be deficit/nondeficit differences in the prevalence of serum antibodies to human herpesviruses.
METHODS: In deficit (N = 88) and nondeficit (N = 235) schizophrenia patients, we measured IgG class antibodies to the 6 known human herpesviruses: herpes simplex virus type 1, herpes simplex virus type 2, cytomegalovirus, Epstein-Barr virus, human herpes virus 6, and varicella-zoster virus.
RESULTS: Deficit categorization was associated with the presence of serum antibodies to cytomegalovirus (odds ratio = 2.01, p = .006). This association remained significant after covarying for positive psychotic symptoms and demographic features known to be associated with cytomegalovirus seropositivity and after correcting for multiple comparisons. An association between herpes simplex virus type 1 and deficit status was not significant after covarying for potentially confounding variables. No other human herpesvirus was significantly associated with deficit versus nondeficit categorization.
CONCLUSIONS: The association between deficit schizophrenia and cytomegalovirus antibody seropositivity provides further evidence for differences in etiopathophysiology between deficit and nondeficit schizophrenia. | ESSENTIALAI-STEM |
Novel alleles in classical major histocompatibility complex class II loci of the brushtail possum (Trichosurus vulpecula)
Olivia Holland, P Cowan, Dianne Gleeson, Larry Chamley
Research output: Contribution to journalArticlepeer-review
14 Citations (Scopus)
Abstract
We have investigated the diversity of class II major histocompatibility complex (MHC) loci in the brushtail possum (Trichosurus vulpecula), an important marsupial pest species in New Zealand. Immunocontraceptive vaccines, a method of fertility control that employs the immune system to attack reproductive cells or proteins, are currently being researched as a means of population control for the possum. Variation has been observed in the immune response of individual possums to immunocontraceptives. If this variability is under genetic control, it could compromise vaccine efficacy through preferential selection of animals that fail to mount a significant immune response and remain fertile. The MHC is an important immune region for antigen presentation and as such may influence the response to immunocontraceptives. We used known marsupial MHC sequences to design polymerase chain reaction primers to screen for possum MHC loci. Alpha and beta chains from two class II families, DA and DB, were found in possums throughout New Zealand. Forty new class II MHC alleles were identified in the possum, and the levels of variability in the MHC of this marsupial appear to be comparable to those of eutherian species. Preliminary population surveys showed evidence of clustering/variability in the distribution of MHC alleles in geographically separate locations. The extensive variation demonstrated in possums reinforces the need for further research to assess the risk that such MHC variation poses for long-term immunocontraceptive vaccine efficacy.
Original languageEnglish
Pages (from-to)449-460
Number of pages12
JournalImmunogenetics
Volume60
DOIs
Publication statusPublished - 2008
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2019 Rose of Tralee
The 2019 Rose of Tralee was the 60th edition of the annual Irish international festival held on 26–27 August 2019. The competition was televised live on RTÉ television. 57 women from all over the world took part during the Rose of Tralee festival with 32 going on to the live shows.
The Limerick Rose, 27-year-old Sinéad Flanagan was named as the 2019 International Rose of Tralee. | WIKI |
Agnieszka Wieszczek
Agnieszka Jadwiga Wieszczek-Kordus (born 22 March 1983 in Wałbrzych) is a Polish freestyle wrestler. Wieszczek won a bronze medal in women's freestyle wrestling 72 kg at the 2008 Summer Olympics.
She is the first Polish woman to win an Olympic medal in women's freestyle wrestling.
In March 2021, she competed at the European Qualification Tournament in Budapest, Hungary hoping to qualify for the 2020 Summer Olympics in Tokyo, Japan.
For her sport achievements, she received: Golden Cross of Merit in 2008. | WIKI |
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