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Procedures
Our Procedures
Tummy Tuck Scars
Tummy tuck scars are one of the major drawbacks of abdominoplasty cosmetic surgery. The extent of tummy tuck scars depends on the extent of the surgery that is performed. Tummy tuck scars are much less extensive with a partial or lower tummy tuck than they are for a full tummy tuck. Tummy tuck scars are permanent but are generally concealed under a bikini or other clothing. With healing, it is normal for tummy tuck scars to actually get worse three to six months after surgery before they get better. After nine months to a year, tummy tuck scars will flatten out and lighten in color.
Tummy tuck scars from a full abdominoplasty will extend from hip to hip in the lower abdominal region and will also be visible around the navel region. Two incisions are made in a full tummy tuck procedure. The first is the horizontal incision and the second circles the belly button. These incisions are made to remove the excess skin and fat from the stomach region, tighten the abdominal muscles, and reposition the navel. Tummy tuck scars from a full abdominoplasty are more extensive than those from a partial abdominoplasty.
In a partial abdominoplasty, also called a mini- or lower-tummy tuck, tummy tuck scars will be less extensive. Tummy tuck scars from this procedure are in a horizontal line below the belly button and do not include a scar from repositioning of the navel. Partial abdominoplasty is performed to remove the excess skin and fat in the lower abdominal region and do not involve repositioning of the navel though its position may change due to the stretching of the skin.
In addition to tummy tuck scars, skin irregularity may result from a liposuction procedure that was performed in conjunction with the abdominoplasty. As with any medical procedure, there are risks and complications that are associated with abdominoplasty cosmetic surgery. Anesthesia complications, bleeding, and infection are rare, but possible, complications from abdominoplasty surgery.
In addition to tummy tuck scars, swelling and bruising commonly occur after abdominoplasty surgery. Bruising and swelling can last two weeks to a few months following tummy tuck surgery. These side effects can be mitigated by following all post-surgery instructions including the use of compression garments and allowing adequate healing time. In order to reduce the severity of tummy tuck scars and other side effects, it is important for a patient to refrain from smoking cigarettes, taking aspirin products, and other measures which can compromise successful healing after abdominoplasty surgery.
Despite tummy tuck scars, the long term results of abdominoplasty surgery are dramatic and long lasting. Abdominoplasty surgery can greatly enhance the appearance and contour of the abdominal region. Good candidates for this procedure have realistic expectations of the results and fully understand what to expect before during and after surgery. For more information on tummy tuck surgery, please contact us to confer with a qualified and experienced cosmetic plastic surgeon in your area. | ESSENTIALAI-STEM |
4 Ways To Take Insulin
man on couch using insulin pen
How and when you take insulin is unique to you and can change over time.
How and when to take insulin is different for each person and can change over time.
You may take just one type of insulin or different types throughout the day depending on your lifestyle, what you eat, and your blood sugar levels.
Ask your doctor to refer you to diabetes self-management education and support (DSMES) services when you start using insulin.
Your diabetes educator will make sure you feel comfortable managing your insulin routine, including how and where to inject and how to program an insulin pump if you’re using one.
Terms To Know
Bolus Insulin
Short- or rapid-acting insulin taken at or before mealtimes to control blood sugar levels.
Basal Insulin (background insulin)
Intermediate- or long-acting insulin taken to keep blood sugar levels steady between meals and overnight.
Basal-Bolus Regimen
Rapid-acting insulin taken at mealtimes and long-acting insulin taken once or twice a day.
Syringe or Pen
Syringes and insulin pens deliver insulin through a needle. Pens may be more convenient, and children may find them more comfortable than syringes.
Syringe
Your doctor will tell you how much insulin you need per dose. Smaller-capacity syringes are easier to use and more accurate.
• If your largest dose is close to the syringe’s maximum capacity, buy the next size up in case your dosage changes.
• If you need doses in half units, choose a syringe with half-unit markings.
Insulin pen
Some pens use cartridges that are inserted into the pen. Others are pre-filled and discarded after all the insulin is used. The insulin dose is dialed on the pen, and the insulin is injected through a needle.
• Cartridges and pre-filled insulin pens only contain one type of insulin.
• If two types of insulin are prescribed, you’ll need to use two insulin pens.
Advantages of syringes and pens
• Injections require less training than a pump.
• Injections may cost less.
• Pens are easier to use than syringes.
• Pens are portable and discreet.
• Needles in pens are small and thin so they’re more comfortable.
Disadvantages of syringes and pens
• Both syringes and pens are less private than a pump.
• Not all types of insulin can be used with a pen.
• Two types of insulin can be mixed with a syringe, but not with a pen.
• Pens are more expensive than syringes and may not be covered by insurance.
• If you inject insulin near the same place each time, hard lumps or fatty deposits can develop. Both problems can be unsightly and make insulin less reliable.
Insulin Pump
An insulin pump is about the size of a small cell phone. It gives you a basal dose of short- or rapid-acting insulin per hour. When you eat or when blood sugar is high, you decide the dose, and the insulin in the pump delivers the bolus.
The pump delivers insulin through a thin plastic tube placed semi-permanently into the fatty layer under your skin, usually in the stomach area or back of the upper arm.
Advantages of insulin pumps
• Have been shown to improve A1C.
• Deliver insulin more accurately.
• Deliver bolus insulin easier.
• Eliminate unpredictable effects of intermediate- or long-acting insulin.
• Provide greater flexibility with meals, exercise, and daily schedule.
• Can improve physical and psychological well-being.
Disadvantages of insulin pumps
• May cause weight gain.
• Can be expensive.
• May cause infection.
• May cause diabetic ketoacidosis (very high blood sugar) if the system is stopped or stops working correctly.
• Can be a constant reminder of having diabetes.
• Training is necessary.
Insulin Inhaler
Inhaled insulin is taken using an oral inhaler to deliver ultra-rapid-acting insulin at the beginning of meals. Inhaled insulin is used with an injectable long-acting insulin.
Advantages of insulin inhalers
• Is not an injection.
• Acts very fast and is as effective as injectable rapid-acting insulins.
• Can be taken at the beginning of meals.
• Could lower risk of low blood sugar.
• Could cause less weight gain.
• Inhaler device is small.
Disadvantages of insulin inhalers
• Might cause mild or severe coughing.
• May be more expensive.
• Still requires injections or a pump for basal insulin.
• Dosing isn’t as precise.
Make sure to talk to your doctor and diabetes educator when your lifestyle or needs change. They will know about the latest devices and have tips to make taking insulin and all aspects of diabetes easier to manage. Need help finding a diabetes educator? Find a diabetes education programexternal icon in your area.
Page last reviewed: March 25, 2021 | ESSENTIALAI-STEM |
Parlor Tricks
DAILY CROSSWORD COLUMN Andy Kravis’s puzzle is so sweet, it’s fattening. SUNDAY PUZZLE — Today’s puzzle from Andy Kravis spun my mind off in a particular direction that I don’t think I’ve delved into before in these pages: the emotional response to or interest in something that’s in your cultural history, but not in your personal experience. Wistfulness for the past is woven into human nature, and there are lots of words for different types of nostalgia in different languages — the wistful and evocative “saudade” that you might recognize from Portuguese music; “hiraeth” from the Welsh (who search for a cwtch, or a cuddle, in the comforts of their past); the Japanese “mono no aware,” a reflection on impermanence; and “sehnsucht,” a German word explored deeply by C.S. Lewis. Apologies for all that pretense — it’s too cold for ice cream here, and it’ll counterbalance how frothy and fun this puzzle was. I worked from the northeast corner and didn’t hit too much resistance today; there was a lot of theme, and most of the proper word entries were in my purview (aside from an erroneous Y in ASHLEE and V in OLAF, which I blame on hearing such names far more often than reading them). LOREN sent me looking for some short video of Sophia and Marcello, but everything I found was too steamy for Wordplay except for the actress in 2015, bundled up, affectionately discussing their relationship. I loved the clues for PARADISE, DEE and EMOTICON, WISP, AMEX, WAGE HIKE, IKEAS and others, as well as the entries JEN and JAH and KISS OFF. I also liked how 56D informed 103A, as I’ve never really thought of an Arthur SULLIVAN. 28A: Well, here it is, the first post-2015 use of a word that literally made headlines some months ago, DOTARD. I vaguely remember the word from Melville, though not the context, which was a scornful description of a shark. 78A: I solved this as “Selmac” with “Sens” at 78D, until I just checked on this entry in the answers while columnizing for you. I don’t think I was that crazy about TV when “Alf” was on, although I have sehnsucht for “Alf” because one of my favorite dogs, now deceased, was considered an Alf doppelgänger by many passers-by — she had a very misshapen nose, this dog, and a prominent, quizzical brow. She was a delight. But, she almost definitely didn’t come from MELMAC, which is Alf’s planet (or “homeland,” as it was wistfully clued in its 1991 debut). 4D: This entry is easily surmised, I think, with a few letters as hints, but it’s new so I figured I’d mention BOATLIFT. I think the Wordplay yacht is just too big for one of these. We will not be deterred, or lifted. 31D: Have you ever really thought about glass containers, which came in such an amazing variety of sizes, shapes, colors and detail, before the flood of plastic that we’re drowning in now? The DEMIJOHN, which last appeared in the puzzle in 1971, is a nice big bottle once used to import European goods in the 1800s, often handblown, apparently, so one of a kind. I romanticize glass because plastic is such a scourge these days, but then I remember all the glass bottles I’ve dropped in my life. There are eight across clues — at 23, 39, 42, 67, 70, 92, 97 and 115 — that are solved by common two-word phrases. The second words of all these phrases can be found in a common location, which is referred to in the puzzle’s title, “Parlor Tricks.” Lest one go immediately goth and think, “Oh, funerals! Finally, a sepulchral theme on Sunday,” Mr. Kravis specifies “at the ice cream parlor” in that first theme clue at 23A. Hopefully, much as we all must die, everyone also gets to at least try ice cream once in their lives. The first entry I got, because of the pattern of my solve, was a little bit misleading — 39A, “The confirmed bachelor ordered a …” which, on the crosses, became SINGLE MALT, and made me go immediately something and think, “Oh, a hard liquor Sunday! I feel you, Mr. Kravis.” But a few more entries straightened me out. At 23A, “The grand marshal ordered a …” made me think of a PARADE right away — what else would a grand marshal want? The full answer, PARADE FLOAT, soon followed (crossed with CALORIC, which was really brutal, Mr. Kravis; why are you doing this to us). At 42A, “The crossing guard ordered a …” TRAFFIC CONE. In case you grew up sugar-free (or are the most self-disciplined person I’ve ever encountered), we are looking at words that go with ice cream. The only one that didn’t zing and sing for me right away was 70A, “The dental hygienist ordered a …” SUCTION CUP, probably because dentistry gets me a little squeamish. Not that I don’t have the utmost respect and admiration for dentists, and honestly it’s a perfectly decent way to get the requisite CUP in here. After looking around a bit online, I’ve come to realize that ice cream parlors are still a huge thing in the world (for some reason, every search I ran finds a thousand results in India; there are a lot of extremely wild spots elsewhere in Asia that specialize in enormous multi-scoop creations). But I still imagine a very specific location and era when I think of a “soda shop.” I like crosswords that tell a story or describe a punny scene. Merl Reagle was the master of this kind of puzzle (as he was of so many things); I also really enjoyed Ross Trudeau's recent puzzle in this style that told the story of two people's quest, fraught with disagreement and indecision, to choose a board game to play. Today's puzzle doesn't reinvent the genre, but I hope it tickles the folks who enjoy such themes. Subscribers can take a peek at the answer key. Trying to get back to the puzzle page? Right here. What did you think? | NEWS-MULTISOURCE |
Abstract
Small firearms can create sound levels exceeding the safe threshold of human hearing with even one shot. Understanding how the sound propagates will lead to better range and military drill design. This thesis describes errors associated with different predictive interpolation models for the M16A4. Before directly discussing potential sources of error, the thesis first seeks to validate the data acquired. This is done through waveform inspection with a focus on shot-to-shot consistency. Finding the standard deviation in level between a 10-shot volley provides a good baseline with which other sources of error can be compared to. For both peak and 8-hour A-weighted equivalent levels, the deviation tended to be 1-1.2 dB. With this constraint in mind, the thesis then discussions potential error of measurements along the radial arc. By comparing nearest neighbor microphones with measured values, it was determined that a finer resolution behind the shooter is most relevant. Second, radial propagation was plotted to justify potential decay rates for further plotting. A model of spherical spreading is reasonable, but overestimates the level at farther distances e.g. 50 m. Lastly the thesis focuses on interpolation mapping to predict levels around the range. The baseline model was created using a Cartesian interpolation scheme that uses ghost points to help limit potential artifacts. Leave-one-out analysis highlighted a necessity of microphone placement behind the shooter and other less important microphones. Use of symmetry across the firing direction provides excellent results, generally below the 1 dB standard deviation. In the end, a best-practices guideline is given, which reduces number of required microphones by half. Through these analyses, future measurements will be more effective in microphone placement. With these level maps, one will also be able to better determine potential hearing risks associated with small firearm use and even avoid them through better drill.
Degree
MS
College and Department
Physical and Mathematical Sciences; Physics and Astronomy
Rights
https://lib.byu.edu/about/copyright/
Date Submitted
2022-08-08
Document Type
Thesis
Handle
http://hdl.lib.byu.edu/1877/etd12471
Keywords
Acoustics, rifle, gunshot, noise, interpolation, modelling, leave-one-out, symmetry, error, ghost points
Language
english
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| ESSENTIALAI-STEM |
Renee J. SAUNDERS and Housing Opportunities Made Equal, Plaintiffs, v. GENERAL SERVICES CORPORATION and Jonathan Perel, Defendants.
Civ. A. No. 86-0229-R.
United States District Court, E.D. Virginia, Richmond Division.
May 12, 1987.
Timothy M. Kaine, Little, Parsley & Cluverius, P.C., Richmond, Va., William H. Jeffress, Jr., Rory K. Little, Miller, Cassidy, Larroca & Lewin, Washington, D.C., Kerry A. Scanlon, Washington Lawyers’ Committee for Civil Rights Under Law, Washington, D.C., for plaintiffs.
James Patrick McElligott, Jr., Richmond, Va., and Scott S. Cairns, McGuire, Woods, Battle & Boothe, for defendants.
MEMORANDUM
MERHIGE, District Judge.
This cause, which has been tried and the issues briefed, is now ripe for disposition. The Parties
Renee Saunders, a black female who resides in Richmond, Virginia, is an individual plaintiff in the instant action. Plaintiff Housing Opportunities Made Equal (“HOME”) is a non-profit corporation organized under Virginia law and supported by private contributions, grants, and contracts with the City of Richmond. Its purposes are to further the goals of the Fair Housing Act and to promote equal housing opportunities in the Richmond area.
Defendant General Services Corporation (“GSC”) is a Virginia corporation which operates and manages fourteen apartment complexes in the Richmond area. Defendant Jonathan Perel, a white male, is President of GSC and has a financial interest in each of the entities owning the complexes managed by GSC.
Background
The claims in the instant action fall into two basic categories and groups of facts. First, plaintiff HOME claims violations concerning a 1983 conciliation agreement entered into between HOME and GSC. HOME essentially alleges that the defendants committed fraud which induced HOME to sign the contract, and that they have breached various advertising provisions contained in the agreement. Second, both plaintiffs claim that certain of defendants’ advertising practices violate the Fair Housing Act, 42 U.S.C. § 3601 et seq. and the Civil Rights Act of 1866, 42 U.S.C. §§ 1981, 1982.
Facts
Based on the evidence produced at trial, the Court finds the facts as summarized below and as discussed at various times in this memorandum when applying the law. In 1981, HOME, along with several individual complainants, including two former GSC employees, filed administrative complaints with the Virginia Real Estate Commission (“VREC”) and the U.S. Department of Housing and Urban Development (“HUD”). They alleged that GSC, through its supervisory employees, had committed various acts of housing discrimination aimed at discouraging or preventing blacks from renting housing in GSC apartment complexes. Many of such allegations focused on the conduct of a GSC Property Manager, John Hunt.
The Court heard and credits the testimony of both Lynn Graybill and Jean Mann, complainants in the 1981 action, concerning the events that formed the basis of the 1981 complaints. While the subject matter of such complaints is not a part of the instant action, their testimony provides relevant background information concerning GSC’s attitude toward fair housing and the credibility of Mr. Hunt’s testimony.
Both Graybill and Mann testified that Hunt instructed them on various occasions to treat black tenants and prospective tenants less favorably than whites, including discouraging GSC-sponsored social activities that might attract black tenants and “turning off the charm” to prospective black tenants. Mann also testified that defendant Perel was present at meetings at which Hunt recommended such action and did not express any disagreement. Further, she informed Perel of her concerns about Hunt’s discriminatory actions after she was terminated by GSC, but he took no action once Hunt disclaimed her allegations.
After VREC conducted its investigation and issued reasonable cause determinations as to Graybill’s and Mann’s complaints, Dr. Barbara Wurtzel, HOME’S Executive Director in 1982-83, and the Assistant Director, Linda Harms, made the decision to attempt conciliation of its complaints with GSC.
The evidence establishes that HOME considered negotiation of affirmative advertising provisions, in conformity with HUD regulations, to constitute a crucial element of its conciliation agreement with GSC, as with all such cases. As such, a standard provision in all of its proposed agreements required that all advertising and other printed materials contain an equal housing opportunity slogan or logo within thirty days of the effective date of the conciliation agreement. Such provision was proposed by HOME to GSC as part of its proposed agreement submitted to GSC’s attorneys on August 30, 1982.
In reaction to HOME’S proposal, GSC’s attorney submitted a letter to HOME’S attorney dated October 12, 1982, which outlined its concerns with the proposed agreement in order to facilitate the parties’ next negotiating meeting. Concerning the affirmative advertising provisions, the letter represented that:
GSC will undertake some affirmative action in advertising so long as the agreement recognizes economic reality. Although classified newspaper advertising is relatively easy to change, advertising that involves layout by professional advertisers can only be changed at considerable expense. In addition, advertising other than through newspapers is printed in bulk and used over a period of time. Any changes in such advertising could not be adopted until the current store of materials has been distributed.
Both Linda Harms and Dr. Wurtzel testified that they were concerned by GSC’s reaction to the 30-day provision because the affirmative advertising provisions were a major component of the agreement and a 30-day limit was customary in such agreements. Based on this concern, both Harms and Wurtzel recalled asking defendants’ counsel in a negotiating session the extent of GSC’s “current store of materials” because they believed allowing depletion of the current supply would be acceptable only so long as such supply was not extensive and compliance would be achieved in a reasonably short time. Both witnesses remember counsel representing to them that the supply was not large and would be depleted in a matter of months, and less than a year. ■ Wurtzel’s testimony, to which the Court gives credence, is somewhat more exact, with her recollection that such representation occurred in approximately March 1983 and was that GSC had approximately a two-month supply. While counsel’s representation may have been premised on an honest belief at the time, subsequent conduct of the defendants supports the Court’s conclusion that they acted in an unlawful manner. Ms. Harms further testified that Marianne Phillips, GSC Operations Manager at that time, confirmed that GSC’s supply was not extensive.
Both Harms and Wurtzel testified that such representation was crucial to their acceptance of GSC’s modification to the agreement, providing that a slogan or logo would be included in GSC’s advertising materials, other than newspapers, “when those materials are reprinted.”
The only rebuttal evidence offered by defendants concerning such representation was Marianne Phillips’ statement that she didn’t recall whether she had represented that GSC’s current supply was small.
While the agreement was finally executed between July 13 and 18, 1983, the testimony indicates that, as one would expect in contract negotiations, individual provisions within the agreement were agreed upon at various points in late 1982 to mid-1983. Both Harms and Wurtzel testified that agreement on the affirmative advertising provisions was reached early in the negotiating process. Dr. Wurtzel testified that such agreement was reached in approximately March 1983, and that after that date, the remaining negotiations focused on confidentiality and content of the news release. Her recollection is reinforced by her negotiating notes of March 2 and 9, 1983.
While defendants argue generally that there was no legal agreement at all until the final agreement was signed in July 1983, they offer no evidence contradicting plaintiff’s evidence that the advertising provisions had been agreed upon by the parties by March 1983.
HOME’S attorney sent copies of the final conciliation agreement agreed to by HOME and GSC to VREC and HUD on June 20, 1983. This agreement was executed by VREC, HOME, the individual complainants, GSC, Perel, Hunt, and Betsy King, GSC’s marketing director, between July 13 and 18, 1983, and became effective on July 18, 1983.
It included affirmative advertising provisions by which GSC agreed to include an EHO slogan or logo in all future newspaper advertising and “in other future printed advertising materials when those materials are reprinted.” Such affirmative advertising provisions were to remain in effect for two years.
As part of the agreement, HOME released GSC and Perel from all claims which it had ever had against them up until the date of the agreement, including claims for violations of the Fair Housing Act and 42 U.S.C. §§ 1981-82.
HOME subsequently discovered, in approximately April 1985, that GSC had ordered 134,000 copies of its Lifestyle brochure without any EHO logo or slogan on approximately June 15, 1983 — just days before signing the conciliation agreement. Such order went to press beginning on June 19, 1983, and was completed by July 23, 1983. Doug Ziegler, owner of the advertising agency which GSC uses, testified that he submitted a formal purchase order for 134,000 copies of Lifestyle on June 30, 1983, that he would have discussed price quotations and quantity of the order with GSC prior to that date, and that it would have taken approximately three weeks to print the order although he did not know the exact date on which printing was begun or completed.
Marianne Phillips testified that on June 1983 she ordered 134,000 copies of Lifestyle, which she believed would last for approximately one year. In fact, such supply lasted far past the term of the conciliation agreement because, Phillips testified, GSC decided not to proceed with a planned mass mailing in April 1984. According to Phillips’ testimony, the large order was placed due to the cheaper unit cost, although she had testified at her deposition that she had no recollection of why such a large order was placed.
At no time during this process did anyone from GSC notify HOME of its planned order nor did it revise the brochure at that time to include an EHO logo, although other revisions were made. Doug Ziegler testified that revising the brochure to include an EHO logo would have cost approximately $200 to $500.
After execution of the 1983 Conciliation Agreement, GSC began to take steps to comply with its provisions. It developed a fair housing policy statement and distributed it to all employees. It implemented an employee training program in 1983, although unfortunately Betsy King, GSC’s Marketing Director with significant advertising responsibilities, had not yet participated in the program as of the date of trial.
Most significant to the instant suit, GSC began implementation of the agreement’s advertising provisions. According to Marianne Phillips’ testimony, which the Court credits on this issue, GSC attempted to comply with the basic advertising requirements, although errors were made.
Concerning newspaper advertisements, the agreement required such ads to include an EHO slogan or logo by September 1, 1983, unless modifications required the services of a design or advertising agency. Yet it wasn’t until late September 1983 that Marianne Phillips discovered that such changes had not been made and advised her staff to make such changes “as soon as is possible.”
While, from the evidence presented, the Court finds that GSC generally complied with the agreement’s requirements concerning newspaper advertisements, it also finds that GSC exhibited a reluctance to comply, a desire to do only the bare minimum required, and an attempt to advertise its EHO policy as inconspicuously as possible. See, e.g., DX 7, at 2 (admonishing staff to “make sure” that EHO logo is “not the only thing on the line”; PX 18(f) (questioning whether to use EHO logo in new ad in March 1986 after expiration of ad provisions); PX 19 (ads sent to 13 college newspapers without logo during agreement’s term); PX 20 (ads sent to 15 college newspapers without logo after expiration of agreement’s term); DX 8 (memo requesting that logo be added to group of display ads; requested on last date possible under agreement); DX 35 (note from GSC staff member to Doug Ziegler, asking him to “add in the Equal Housing Opportunity logo discreetly”).
On July 5, 1985, HOME’S Fair Housing Director wrote to GSC’s attorney concerning two areas of apparent non-compliance with the advertising provisions: (1) failure to include an EHO logo in GSC’s April 1985 flyer known as “GSC Happenings”; (2) failure of GSC’s 38-page Lifestyle brochure to include an adequate number of black models, thereby impermissibly indicating a preference based on race.
In response, GSC’s attorney agreed to include an EHO logo or slogan on future “Happenings” fliers, but stated that GSC “should not have to undertake the considerable cost of redoing [Lifestyle].” In a later telephone conversation, Marianne Phillips did agree to include an EHO slogan or logo in an insert being planned for inclusion in Lifestyle, but stated that GSC would not agree to reprint the brochure itself until the current supply was depleted, which she estimated would take one year.
Because HOME considered GSC’s response unsatisfactory, it filed a complaint with HUD and VREC on September 9, 1985, and filed the instant action on April 15, 1986.
Beginning sometime in October 1985, GSC did begin to discuss revisions to Life style, including the use of more black models. (Betsy King’s notes concerning meetings on revisions). Notes from these meetings reflect considerable discussion concerning the addition of black models to the brochure; however, again GSC’s attitude appeared to be one of reluctance and interest in including blacks as little as possible. For example, Betsy King’s notes of the initial meeting held on October 3, 1985, discuss staging “a mock cocktail party that would include ‘Marianne’s cousins.’ ” In her deposition, King explained that such term was used as an acronym to refer to blacks. Notes of another conversation with Jon Perel advise that “every property] has to have 5 people plus 1 minority.” A questionnaire circulated by GSC asked the question “Best places for blacks?” and responses included “one or two blk. children” and “groups.”
Finally, in a memorandum from Doug Ziegler to Marianne Phillips, John Hunt, and Betsy King discussing specific areas in which revisions would be made, Ziegler wrote the following:
Swimming:
Strong need for this throughout. Should we use blacks in this arena? ...
In a meeting held on November 12, 1985, Marianne Phillips’ handwritten notes on this memorandum drew a line leading from the question “Should we use blacks in this arena?” to the answer “yes. (not in water per JH.).” While John Hunt, Marianne Phillips and Doug Ziegler all denied that this note referred to an instruction by John Hunt not to photograph blacks in the swimming pool, this Court gives no credence to the explanations tendered. Phillips suggests that her note is not a response to the question “Should we use blacks in this arena,” even though she drew a line from that question to the answer. Instead, she states that Hunt merely instructed Ziegler that no one should be photographed in the water because GSC complex logoes recently had been printed on the pool bottoms, and he didn’t want models to block those logoes in the photographs.
Such an explanation lacks reason and is dispelled by the evidence. In fact, there are more pictures containing models in the water in the revised brochure than in the original brochure. See While, early in the trial, the defendants were eager to point out that there is a picture of a black couple on page 8 of the revised brochure, on cross-examination of a defendant’s witness, it was revealed that such picture was only added to the brochure at the last minute— within three weeks prior to trial. While an advertising executive indicated that the picture of black models was added because of a last-minute need, and not to counter the effect of an October memo in the instant lawsuit, such explanation is contradicted by the whole evidence. A comparison of the “Blue Line” and final versions of revised Lifestyle demonstrates that the picture of blacks in the pool of page 8 was merely substituted for a picture of whites in the pool, which was then moved to page 30. The only pictures removed from the final version were a picture of a black couple sitting by the pool and a picture of two joggers, for which a stock photo of a white couple in the pool was substituted on page 13. Compare DX 2 (final version) with PX 51 (Blue Line version).
The Merits
Plaintiffs allege four causes of action against the defendants: (1) that GSC committed common law fraud by intentionally misrepresenting the current stock of Lifestyle brochures at the time of the conciliation agreement, upon which plaintiffs relied to their detriment; (2) that defendants breached the conciliation agreement by failing to include logoes as required on many of their ads and by failing to use sufficient black models in Lifestyle, thus indicating a preference based on race in violation of the Fair Housing Act and, therefore, of the general provisions of the conciliation agreement; (3) that defendants violated the Fair Housing Act by indicating a racial preference in their advertising; and (4) that defendants violated 42 U.S.C. §§ 1981-82 by intentionally using discriminatory advertising, infringing upon plaintiffs’ right to contract for rental property.
In addition to generally denying plaintiffs’ allegations and that such allegations entitle plaintiff to any relief, defendants raise several defenses, including: (1) that plaintiffs lack standing; (2) that plaintiffs are barred from their breach of contract claims because they failed to follow the contractual review procedures; and (3) that plaintiffs are barred from claiming a Fair Housing Act or Sections 1981 and 1982 claim concerning Lifestyle due to the release provisions in the conciliation agreement.
I. Standing
As a preliminary matter, the Court must address defendants’ contention that plaintiffs lack standing to raise the instant claims. Defendants allege that both HOME and Saunders lack standing to raise claims under the Fair Housing Act and under 42 U.S.C. §§ 1981 and 1982. Because the requirements for individual and organizational standing are somewhat different, defendants’ contentions as to HOME and Saunders must be addressed separately.
In general terms, “the question of standing is whether the litigant is entitled to have the Court decide the merits of the dispute or of particular issues. This inquiry involves both constitutional limitations on federal-court jurisdiction and prudential limitations on its exercise____” Warth v. Seldin, 422 U.S. 490, 498, 95 S.Ct. 2197, 2205, 45 L.Ed.2d 343 (1975). The constitutional limitation involves the requirement that plaintiff “show that he personally has suffered some actual or threatened injury as a result of the putatively illegal conduct of the defendant.” Gladstone, Realtors v. Village of Bellwood, 441 U.S. 91, 99, 99 S.Ct. 1601, 1608, 60 L.Ed.2d 66 (1979). Even when such limitation is overcome, a plaintiff still may lack standing based on “prudential principles by which the judiciary seeks to avoid deciding questions of broad social import where no individual rights would be vindicated and to limit access to the federal courts to those litigants best suited to assert a particular claim.” Id. at 99-100, 99 S.Ct. at 1608. However, Congress may statutorily expand standing to the full limits of Article III, thereby circumventing such prudential bars to standing. Id. at 100, 99 S.Ct. at 1608.
A. HOME’S Standing under Fair Housing Act
Standing under the Fair Housing Act is as broad as permitted by Article III of the Constitution and, thus, is not limited by prudential principles. See Traficante v. Metropolitan Life Insurance Co., 409 U.S. 205, 209, 93 S.Ct. 364, 366, 34 L.Ed.2d 415 (1972). Thus, defendants’ claim that HOME lacks standing to pursue the instant Fair Housing Act claim is based on their contention that it has suffered no distinct and palpable individual injury, nor have its members suffered such injury so as to confer representational standing.
1. Individual Standing
Both plaintiffs and defendants recognize, and the Court agrees, that Havens Realty Corp. v. Coleman, 455 U.S. 363, 102 S.Ct. 1114, 71 L.Ed.2d 214 (1982), provides the appropriate test for determining whether HOME has individual standing to sue on the instant claim. As in the instant case, Havens Realty addressed the issue of whether HOME had standing in its own right to raise a Fair Housing Act claim for damages. Unlike the instant case, HOME’S claim was based on allegedly discriminatory steering practices by the defendant, and not allegedly discriminatory advertising practices. However, in the Court’s view, such distinction does not affect the applicability of the underlying principles established in Havens Realty to the instant case.
In Havens Realty, the Court held that HOME without question alleged a sufficient injury-in-fact to confer standing by its allegations that defendants’ steering practices “have perceptibly impaired HOME’S ability to provide counseling and referral services for low- and moderate-income homeseekers.” Id. at 379, 102 S.Ct. at 1124. The Court held that “[s]uch concrete and demonstrable injury to the organization’s activities — with the consequent drain on the organization’s resources — constitutes far more than simply a setback to the organization’s abstract social interests.” Id.
While defendants argue that Havens Realty requires HOME to point to specific financial expenditures or employment of individuals caused by GEC’s alleged violations in order to establish standing, such interpretation is not justified. HOME need only show some perceptible “impairment in its role of facilitating open housing” due to GSC’s activities, and not specific quantifiable expenditures. See Havens Realty, 455 U.S. at 379 n. 21, 102 S.Ct. at 1125 n. 21. The mere fact that HOME did not need to employ additional personnel, such as the testers employed in Havens Realty, does not mean that GSC’s activities caused no drain on the organization’s resources. If HOME can demonstrate that it has been forced to “devote significant resources to identify and counteract” GSC’s allegedly discriminatory advertising practices and that such practices have frustrated HOME’S “efforts to assist equal access to housing through counseling and other referral services,” it has satisfied the constitutional standing requirement. Id.
In the Court’s view, such requirement was satisfied by the testimony of Kent Willis, the Executive Director of HOME, and Renee Saunders, HOME’S Fair Housing Director. Both Saunders and Willis testified, and the log entries in plaintiff’s Exhibit 63 confirm, that HOME’S staff was forced to spend significant time investigating GSC’s advertising practices and attempting to counteract the alleged discriminatory advertising they found in Lifestyle. While it may be true that some of this time was spent on activities necessary to the instant lawsuit, such contention does not negate the establishment of standing. In Havens Realty, certainly the testers’ activities provided necessary evidence to form the basis for HOME’S lawsuit, but such activities were still relevant in establishing standing. Willis testified that time spent in such activities diverted HOME’S time and attention from its other programs, such as its education, counselling and referral services.
The Court finds such testimony sufficient to establish HOME’S standing to bring the instant Fair Housing Act claim. It is clear that HOME spent considerable time and human resources in investigating its complaint about Lifestyle and attempting to resolve it. Thus, GSC’s allegedly discriminatory advertising has caused a concrete injury to HOME, which can be adequately redressed by the relief sought.
2. Representational Standing
HOME also contends that it has standing to bring the instant suit on behalf of its members. In order to have representational standing, an association must establish that: “(a) its members would otherwise have standing to sue in their own right; (b) the interests it seeks to protect are germane to the organization’s purpose; and (c) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.” Hunt v. Washington Apple Advertising Commission, 432 U.S. 333, 343, 97 S.Ct. 2434, 2441, 55 L.Ed.2d 383 (1977).
The Court is satisfied that HOME has established the latter two of these requirements. Clearly, the interests HOME seeks to protect in bringing the instant suit are germane to its organizational purposes of ensuring equal and open housing opportunities and ensuring the enforcement of fair housing laws, as testified to by Kent Willis and contained in HOME’S by-laws. See PX 62(a).
Further, neither the claim asserted nor the relief requested require the participation of individual members in the instant suit. As in a recent Supreme Court case interpreting this requirement, the instant suit “raises a pure question of law,” i.e., whether Lifestyle indicated a preference based on race, and it is not necessary for the Court to consider the individual circumstances of any aggrieved member. See International Union, UAW v. Brock, — U.S. -, -, 106 S.Ct. 2523, 2532, 91 L.Ed.2d 228 (1986).
The first requirement for representational standing — that the organization’s members would otherwise have standing to sue in their own right — poses a more difficult obstacle for HOME. As plaintiff, HOME bore the burden of proving at trial that “its members, or any one of them, are suffering immediate or threatened injury as a result of the challenged action of the sort that would make out a justiciable case had the members themselves brought suit.” International Union, UAW, — U.S. at -, 106 S.Ct. at 2529 (quoting Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. 2197, 2211, 45 L.Ed.2d 343 (1975)).
Defendant contends, correctly in the Court’s view, that plaintiff HOME has failed to present any evidence of injury to its members and thus lacks standing. While plaintiff’s mere allegations of injury would be sufficient to overcome a pre-trial motion to dismiss, at trial it was necessary for plaintiffs to establish some evidence that such injury in fact occurred to at least some of its members as a result of defendant’s alleged violation. See Havens Realty, 455 U.S. at 379 n. 21, 102 S.Ct. at 1125 n. 21; see also U.S. v. Students Challenging Regulatory Agency Procedures, 412 U.S. 669, 688-89, 93 S.Ct. 2405, 2416-17, 37 L.Ed.2d 254 (1973) (allegations of harm “must be true and capable of proof at trial”).
Admittedly, in a case under the Fair Housing Act, the burden is not a particularly heavy one. As the Supreme Court explained in Havens Realty, Congress intended standing under the Act to be as broad as Article III allows. For this reason, the Court held that testers had standing to claim a violation of the Act by mere proof that the defendants had misrepresented housing availability information to them, regardless of whether they in fact were interested in such housing and would be harmed by the inability to obtain it. The Court reasoned that, under the Act, a party is injured by the mere fact of receiving such misrepresentations.
In the same way, HOME could have shown injury to its members by proof that any of such members had seen Lifestyle in its original version. Under the Havens Realty rationale, such members would be injured by their mere receipt of advertising indicating a preference based on race. However, no such evidence was presented. Kent Willis testified that HOME has 400 to 500 contributing members who, according to the by-laws, share HOME’S goals of encouraging equal housing opportunity and compliance with fair housing laws. However, neither he nor anyone else provided any connection between any of HOME’S members and the Lifestyle brochure, or, for that matter, any of GSC’s activities or advertising. Without such evidence, there is inadequate proof that HOME, as a representative of its members, possesses the required stake in the instant controversy.
B. Saunders’ Standing Under Fair Housing Act
While defendants argue that Saunders has failed to establish a concrete injury resulting from GSC’s alleged violation of the Act, such argument is without merit. Saunders’ uncontradicted testimony established that she reviewed the Lifestyle brochure in January or February 1985 as part of her search for housing in the Richmond area. She noticed and was deeply offended by the virtual absence of blacks in the brochure, which indicated to her, quite understandably, that GSC did not wish to appeal to blacks. Because of her strong negative reaction to the brochure, Saunders did not consider living in any of GSC’s properties after that incident.
Such testimony is more than sufficient to establish that Saunders suffered a real and concrete injury due to GSC’s acts under the rationale of Havens Realty. The Court reaffirmed there that “[t]he actual or threatened injury required by Art. Ill may exist solely by virtue of statutes creating legal rights, the invasion of which creates standing.” Havens Realty, 455 U.S. at 373, 102 S.Ct. at 1121 (quoting Warth v. Seldin, 422 U.S. 490, 500, 95 S.Ct. 2197, 2206, 45 L.Ed.2d 343 (1975)). Just as the tester in Havens Realty suffered a statutorily recognized injury when he received an unlawful representation, so did Saunders receive an injury under the Act when she received an unlawful advertisement indicating a tenant preference based on race. See Havens Realty, 455 U.S. at 373-74, 102 S.Ct. at 1121-22.
C. HOME’S Standing Under 42 U.S.C. §§ 1981-82.
Defendants contend that HOME lacks standing either individually or on behalf of its members to raise the instant claim under 42 U.S.C. §§ 1981 and 1982, based on the Court’s prudential limitations on its exercise of jurisdiction. Unlike the Fair Housing Act, Sections 1981 and 1982 do not create a statutory right which confers standing even where plaintiff would otherwise have no judicially cognizable injury. Therefore, the Court is not required to extend standing under Sections 1981 and 1982 to the full limits of Article III and may invoke prudential limitations. See Warth v. Seldin, 422 U.S. 490, 513-14, 95 S.Ct. 2197, 2212-13, 45 L.Ed.2d 343 (1975). Such limitations include a policy against exercising jurisdiction when the asserted injury is merely a “ ‘generalized grievance’ shared in substantially equal measure by all or a large class of citizens” or where a plaintiff “rest[s] his claim to relief on the legal rights or interests of third parties.” Id. at 499, 95 S.Ct. at 2205. Defendants assert that both of these prudential limitations should be applied to the instant case.
Defendants contend that HOME’S claim for damages under Sections 1981 and 1982 “fall[s] squarely within the prudential standing rule that normally bars litigants from asserting the rights or legal interest of others in order to obtain relief from injury to themselves.” Warth v. Seldin, 422 U.S. 490, 509, 95 S.Ct. 2197, 2210, 45 L.Ed.2d 343 (1975). In addition, defendants allege that HOME lacks individual injury and has at most suffered injuries shared equally by all or most citizens.
The Court notes initially that HOME has alleged sufficient injury-in-fact to overcome any constitutional limitation on standing. As discussed concerning Fair Housing Act violations, defendants’ alleged violations of Sections 1981 and 1982 have forced HOME to devote significant resources to combat such violation, thereby frustrating its efforts to insure equal housing opportunities and diverting its resources from other programs. See Havens Realty, 455 U.S. at 379, 102 S.Ct. at 1124. Clearly, such injuries are not of a type generally shared by all citizens.
The Court finds, however, that prudential limitations do militate against according HOME individual standing under Sections 1981 and 1982. While courts have recognized that the Fair Housing Act confers broad standing upon individuals, standing under the Civil Rights Act is more limited. See Warth v. Seldin, 422 U.S. at 512-14, 95 S.Ct. at 2212-13. HOME itself has not been denied any constitutional rights by GSC’s actions; instead, HOME claims that it has been harmed indirectly by defendants’ violation of the rights of others. In these circumstances, the Court concludes that it is inappropriate to afford standing to HOME. See id. at 514, 95 S.Ct. at 2213.
2. Representational Standing
While HOME might have had standing to raise Section 1981 and 1982 claims on behalf of its members, it has failed to prove its entitlement, as already discussed concerning the Fair Housing Act claims. HOME offered no proof at trial that any of its members suffered injury to their rights to contract for property due to defendants’ alleged acts. Without such proof, HOME has failed to establish a necessary prerequisite to organizational standing — that its members would have had standing to bring the instant claims themselves. See Hunt, 432 U.S. at 343, 97 S.Ct. at 2441.
D. Saunders’ Standing Under Sections 1981 and 1982
While defendants contend that Sections 1981 and 1982 provide no cause of action for the discriminatory advertising alleged by plaintiffs, if such conduct does violate the instant statutes, Saunders certainly has standing to raise such claims. Saunders is a black citizen who allegedly was discouraged from leasing housing from the defendants because of its discriminatory advertising, which indicated to her that she was not welcome. Therefore, plaintiff has established a concrete injury to her statutory rights caused by defendants’ alleged violations.
II. Common Law Fraud Claim
The Court notes initially that it has pendent jurisdiction over the instant state law fraud and breach of contract claims under United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966). The Court finds that such claims and the federal claims asserted derive from a common nucleus of operative facts and that none of the discretionary factors delineated in Gibbs militate against this Court’s exercise of jurisdiction.
Turning to the substance of HOME’S claim, under Virginia law, plaintiff must prove by clear and convincing evidence the following elements: (1) a false representation of a material fact; (2) made knowingly and intentionally; (3) with the intent to mislead; (4) reliance by the misled party; and (5) damages resulting from such reliance. Winn v. Aleda Construction Co., 227 Va. 304, 315 S.E.2d 193 (1984). Plaintiff has produced sufficient evidence of each of these elements to satisfy the conscience of the Court that defendants committed a fraud.
A. False Representation of Material Fact
Virginia law provides a cause of action for fraud acting as an inducement to entering a contract, such as the conciliation agreement at issue in the instant action. See, e.g., Nationwide Mutual Insurance Co. v. Martin, 210 Va. 354, 171 S.E.2d 239 (1969) (settlement agreement voidable based on fraudulent statements made by insured inducing insurer to sign contract).
Such fraud may exist based on the suppression or concealment of true facts, as well as on the affirmative representation of a false set of facts. The Virginia Supreme Court has held that
If a party conceals a fact that is material to the transaction, knowing that the other party is acting on the assumption that no such fact exists, the concealment is as much a fraud as if the existence of the fact were expressly denied or the reverse of it expressly stated.
8B Michie’s Jur. Fraud and Deceit § 15, at 300 (1977); see also A & E Supply Co. v. Nationwide Mutual Fire Insurance Co., 612 F.Supp. 760, 769 (W.D.Va.1985), rev’d on other grounds, 798 F.2d 669 (4th Cir.1986); Clay v. Butler, 132 Va. 464, 112 S.E. 697 (1922).
In the instant case, the Court finds that, in the process of negotiating the advertising provision concerning Lifestyle, Marianne Phillips and GSC’s attorney, acting as agents of GSC, represented to HOME that GSC had approximately a two-month supply of the brochure on hand, a statement which apparently was true when made. Such representation was relied upon by HOME’S officials, Wurtzel and Harms, in agreeing to the provision that delayed inclusion of the EHO logo in such brochures until “the current supply is reprinted.” The Court further finds that GSC was aware, or should have been aware, of the importance of this representation to HOME in agreeing to that provision.
The issue before the Court, then, is whether GSC acted fraudulently when it failed to disclose to HOME its order of 134,000 copies of Lifestyle on June 15,1983 —shortly before the conciliation agreement was executed.
The Court finds that, under the surrounding circumstances, the concealment of such order clearly constituted a fraud inducing HOME to enter into the conciliation agreement. The size of GSC’s June 15th order was unprecedented in GSC’s history. In fact, the order was so large that it was stored at the printer’s office and shipped to GSC on a piecemeal basis as further supplies were needed. According to Phillips’ own testimony, the supply was intended to last for at least one year, and in fact, lasted for more than two years — in effect rendering meaningless the advertising provision concerning printed materials because GSC’s supply was not reprinted until after the expiration of such provision.
Further, GSC elected not to voluntarily revise Lifestyle at this time to include an EHO logo, despite the fact that other revisions were made and inclusion of the logo would have added de minimus expense.
Certainly, the concealment of the order from HOME created a false impression to HOME that GSC’s Lifestyle supply continued to be small, as Phillips had earlier represented, and that within a relatively short time GSC would need to reprint Lifestyle and would then include the EHO logo pursuant to the conciliation agreement.
Neither can there be any question that the extent of GSC’s Lifestyle supply was a material fact of importance to HOME in agreeing to the advertising provision suggested by GSC, which was different than HOME’S standard provision in such agreements. The evidence is undisputed that, in HOME’S view, such provisions were a vital portion of any conciliation agreement. Common sense dictates that a party would not agree to a provision with a delayed effective date if it knew of facts indicating that such provision would never take effect. Thus, the Court is convinced that defendants, by concealment, made a false representation of material fact.
B. Representation Made Knowingly and Intentionally
While not surprisingly defendants deny that they intended to conceal facts from HOME, the Court is convinced that such intent is shown by circumstantial evidence.
Marianne Phillips must have been aware that the extent of GSC’s Lifestyle supply was material to HOME’S agreement to accept GSC’s suggested advertising provision, based on common sense and on GSC’s inquiry concerning such supply. Phillips also was the individual responsible for deciding to place the larger order, which then was approved by Jon Perel. At the time Phillips placed the order, she was well aware of the ongoing negotiations concerning the conciliation agreement, as she was GSC’s main negotiator. Further, the evidence shows that the advertising provisions had been negotiated months earlier.
Finally, order of the large supply and its printing occurred in such close proximity to the time the conciliation agreement was signed that Phillips had to have realized the effect that such order would have on the advertising provisions and the importance of revealing this information to HOME. In fact, the printing records produced reveal that the order was being filled throughout the month of July — the month in which the conciliation agreement was signed. At the very time, GSC was agreeing to include an EHO logo on its brochures when reprinted, it was reprinting a supply so extensive that it would never be required to comply with such provision. Such conduct constitutes a classic case of fraudulent concealment.
C. Reasonable Reliance
Additionally, plaintiff must prove that it reasonably relied on the fact that GSC had a small Lifestyle supply in signing the conciliation agreement. In the Court’s view, there is no question that HOME had a right to rely on Phillips’ earlier statement that the Lifestyle supply was small and to rely on GSC to correct such representation if it became inaccurate. Such facts were peculiarly within the knowledge of the defendants, and the law does not require plaintiff to continue to investigate and make inquiries when representations have been made by the defendant at the relevant time — when the relevant term was being negotiated. It would be unreasonable to expect HOME to make continued inquiries as to the Lifestyle supply after Phillips’ initial representation. Finding no evidence that plaintiff in fact had knowledge of the large supply or had made independent inquiry, the Court is satisfied that plaintiff has proven reasonable reliance.
D. Damages
Finally, plaintiff must show that it was damaged by defendants’ fraudulent concealment — a burden which only requires proof of some injury. The testimony of Kent Willis, as well as other HOME officials, clearly establishes that HOME was so injured.
Affirmative advertising plays an important role in HOME’S responsibility to ensure equal housing opportunity, and inclusion of the EHO logo in advertisements is one of HOME’S primary means of ensuring that the message of equal housing availability is conveyed to the public.
HOME was injured by GSC’s fraud because it vitiated the advertising provisions of the conciliation agreement, thus thwarting HOME’S fair housing goals and its attempt to obtain a meaningful settlement of its dispute with GSC.
E. Remedy
Having determined that GSC committed fraud inducing HOME to enter into the conciliation agreement, the Court must determine the most appropriate remedy to rectify such fraud. In the instant case, the Court finds that HOME is entitled to rescission of the conciliation agreement, as it would be manifestly unfair to bind it to the terms of such agreement when it would not have entered such agreement but for defendant’s fraud.
It is well-settled law that a contract induced by fraud is voidable at the option of the party injured by the fraud. See, e.g., United States v. Idlewild Pharmacy, Inc., 308 F.Supp. 19 (E.D.Va.1969). Two requirements must be met, however, before rescission may be granted. First, the party desiring to rescind must act with due diligence in claiming fraud once it has been discovered. Id. at 23. Second, such party must restore any monies received under the contract in order to place the parties in status quo. See, e.g., Edmunds v. Chandler, 203 Va. 772, 127 S.E.2d 73 (1962). However, such restoration need not be “[ajbsolute and literal,” but only such as is “reasonably possible and demanded by the equities of the case.” Id. at 779, 127 S.E.2d at 78. Further, such requirement is not to be strictly construed, but instead to be applied in accordance with general equitable principles. Delta Investing Corp. v. Moore, 366 F.2d 516, 520 (6th Cir.1966). Assuming such requirements are met, the decision to grant rescission rests within the sound discretion of the Court in the exercise of its broad remedial powers under its equity jurisdiction. See Smith v. Town of Clarkton, 682 F.2d 1055, 1068 (4th Cir.1982) (court has “broad and flexible equitable powers to fashion a remedy that will correct past wrongs” in cases involving statutory or constitutional violations of civil rights).
In the instant case, plaintiff has met both prerequisites to rescission. It acted diligently in asserting its fraud claim once such claim was discovered, moving to amend the complaint in the instant action to add a fraud count soon after it discovered the supply order forming the basis of its fraud claim during the discovery process in the present case.
Concerning plaintiff’s obligation to restore GSC to a status quo position, the Court may ensure such restoration in its fashioning of a remedy. Plaintiff received $2,000 from GSC in consideration of its release of claims as part of the conciliation agreement. Defendant clearly is entitled to return of such sum, for to do otherwise would allow plaintiff to be relieved of its contractual obligations while retaining the contract’s benefits. In the instant case, the Court finds that restoration may be accomplished, consonant with general equitable principles and the policy underlying restoration, by requiring plaintiff HOME to offset the $2,000 restoration required against any reward it receives against defendant in the instant action.
III. Breach of Contract Claims
Plaintiff HOME asserts that defendants breached the conciliation agreement in several respects, primarily related to use of the EHO logo in its advertising. Defendants counterargue, in addition to alleging that no such breaches occurred, that plaintiff failed to follow the contractual procedure for resolution of such complaints, thus barring the instant claim.
The Court need not resolve such dispute because of its finding that plaintiff was induced to enter the conciliation agreement by defendants’ fraudulent concealment and decision to rescind the agreement on that basis.
IV. Fair Housing Act Claim
A. Substance of Claim
Plaintiffs’ next cause of action arises under the Fair Housing Act, 42 U.S.C. § 3604(c). That section makes it unlawful:
[t]o make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, or national origin, or an intention to make any such preference, limitation, or discrimination.
Plaintiffs argue, in what appears to be a case of first impression, that defendants violated such provision in the publication of the Lifestyle brochure. They contend that the virtual absence of black models from the sixty-eight photographs in that brochure containing human models indicates a preference or an intention to make a preference based on race.
In order to prove a violation of this subsection, plaintiffs need not establish that defendants intended to express a racial preference. See, e.g., Metropolitan Housing Development Corp. v. Village of Arlington Heights, 558 F.2d 1283 (7th Cir.1977), cert. denied, 434 U.S. 1025, 98 S.Ct. 752, 54 L.Ed.2d 772 (1978). Rather, one court has held that a violation is proven if “[t]o an ordinary reader the natural interpretation of the advertisements published in the [newspaper] is that they indicate a racial preference in the acceptance of tenants.” United States v. Hunter, 459 F.2d 205, 215 (4th Cir.), cert. denied, 409 U.S. 934, 93 S.Ct. 235, 34 L.Ed.2d 189 (1972). In Hunter, the Fourth Circuit held that a classified advertisement, listing an apartment for rent “in private white home,” indicated a racial preference in violation of the Act. The Court reasoned that such interpretation of the statute was consonant with the broad congressional objective underlying the Act of combating racial discrimination in housing. Id. 459 F.2d at 214-15. The Court also cited HUD advertising guidelines as support for its position. Id. at 215 n. 11.
In the instant case, then, the Court must determine from the conflicting evidence whether the Lifestyle brochure’s paucity of black models indicates a racial preference to the ordinary reader.
While the Court believes that the evidence is mixed on the instant issue, it finds that plaintiffs have proven their claim by a preponderance of the evidence. Both of plaintiffs’ experts, Dr. Barban and Mr. Franklin, have done considerable academic and market research on the effect of the racial composition of advertising models on the consumer. Both testified that, in their opinion, the Lifestyle brochure indicated a preference for white tenants and a subtle message that black tenants would be less welcome. While the Court is not unduly impressed by their research methodology and basis for their opinions, their findings do comport with the average layman’s knowledge of advertising. It requires no expert to recognize that human models in advertising attempt to create an identification between the model, the consumer, and the product. In other words, advertisers choose models with whom the targeted consumers will positively identify, hoping to convey the message that people like the depicted models consume and enjoy the advertised product. Therefore, if the consumer wants to emulate the model, he or she will use the product, too.
Thus, it is natural that readers of the Lifestyle brochure would look at the human models depicted as representing the kinds of individuals that live in and enjoy GSC apartment complexes. If a prospective tenant positively identified with these models, the message conveyed would be that “I belong in these apartments. ‘My kind of people’ live there.” Conversely, if the prospective tenant reading the brochure saw no models with whom he or she could identify, the reader would obtain a message that “these apartments are not for me or ‘my kind.’ ”
Thus, the Court finds that the natural interpretation of the Lifestyle brochure is to indicate that GSC apartment complexes are for white, and not black, tenants, thus discouraging blacks from seeking housing there.
GSC’s own documents demonstrate that it was aware that the models used would affect the types of tenants attracted and that it intended to indicate preferences for certain types of tenants. For example, in a memo from Jon Perel to Doug Ziegler, Perel suggested various ideas to be used in the advertising brochure for one of GSC’s properties to convey its “institutional/upper income/exclusivity approach.” Further, when GSC recently decided to revise its Lifestyle brochure, it circulated a questionnaire to management members, asking how the brochure should “treat children, seniors” and where were the “best places for blacks,” indicating again the importance GSC placed on the placement of human models.
Finally, the Court considers a memorandum asking “Should we use blacks in this arena [swimming]?” which contains Phillips’ handwritten note responding “Yes (not in water per J.H.).” The Court finds absolutely incredible Phillips’ and Hunt’s explanation that this note did not refer to the use of blacks in pool pictures, but merely to a general desire not to photograph human models in the pool. The totality of the evidence clearly indicates that Hunt was concerned about showing blacks in GSC pools, again demonstrating GSC’s own belief that the-race of models used would indicate GSC’s racial preferences.
Plaintiffs also presented the testimony of Renee Saunders and Earl Danzler, both of whom testified that they immediately noticed the absence of blacks in GSC’s advertising and received the message that GSC did not wish to appeal to blacks. Finally, Mr. Franklin conducted a study which, despite many methodological weaknesses, provides some additional evidence that blacks interpreted Lifestyle to indicate a preference for white tenants.
While defendants’ expert, Dr. Loftus, did raise several valid concerns about the studies and conclusions offered by plaintiffs’ experts, she did not, in the Court’s view, adequately refute plaintiffs’ evidence that Lifestyle indicates a racial preference.
B. Liability of Defendant Perel
Having determined that GSC’s use of the Lifestyle brochure violated the Act, the Court must determine whether the defendant, Jon Perel, is liable for such violation.
Under the Fair Housing Act, a cor-/ poration and its officers “are responsible for the acts of a subordinate employee [in violation of the Act], even though these acts were neither directed nor authorized.” Harrison v. Otto G. Heinzeroth Mortgage Co., 430 F.Supp. 893, 897 (N.D.Ohio 1977); see also United States v. L & H Land Corp., 407 F.Supp. 576, 580 (S.D.Fla.1976). Courts have followed this rule even where “it seems harsh to punish innocent and well-intentioned employers” because the statutory duty not to discriminate is nondelegable. Harrison, 430 F.Supp. at 896-97; L & H Land Cory., 407 F.Supp. at 580.
Thus, in the instant case, while the Court finds credible Mr. Perel’s testimony that he did not intend to discriminate and that he supports the goals of equal and open housing, as president of GSC, Mr. Perel had a non-delegable duty to ensure that GSC, through its employees, followed such goals and complied with the Act. He failed in such duty and must be held jointly liable with the corporation for the instant violation.
C. Remedies
Having determined that defendants have violated the Act, the Court now must determine the appropriate relief for such violation. Plaintiffs seek declaratory and injunctive relief as well as monetary damages, each of which must be addressed in turn.
Concerning its request for declaratory and injunctive relief, plaintiffs ask the Court to declare that defendants’ publication of Lifestyle violated the Act, enjoin defendants from any further racial discrimination under the Act, and order defendants to modify their advertising to comply with the law, including blacks in their advertising in numbers proportionate to their percentage in the population of the Richmond metropolitan area. In the Court’s view, the relief sought is unnecessary and overbroad.
While it is true that a Court may award affirmative injunctive relief in order to remedy past discriminatory advertising practices, such decision rests within the sound discretion of the trial court, based on whether it believes “the vestiges of prior discrimination linger and remain to be eliminated.” United States v. Hunter, supra, 459 F.2d at 220 n. 21. As the Court held in Hunter in affirming the district court’s decision to grant declaratory, but not injunctive relief, “in considering whether to grant injunctive relief a court should impose upon a defendant no restriction greater than necessary to protect the plaintiff from the injury of which he complains.” Id. at 219. Thus, the Court should not grant injunctive relief unless “there exists some cognizable danger of recurrent violation.” Id. (quoting United States v. W.T. Grant Co., 345 U.S. 629, 633, 73 S.Ct. 894, 897, 97 L.Ed. 1303 (1953)).
In the instant case, while declaratory relief is appropriate, the Court is not convinced that a cognizable danger exists that defendants will continue to violate their advertising obligations under the Act. In fact, although perhaps induced by the instant litigation, defendants have subsequently revised Lifestyle to increase the use of black models. Plaintiffs’ own experts testified that the revised brochure did not indicate a racial preference. The Court finds that a declaratory judgment, combined with monetary damages, will adequately redress plaintiffs’ injuries and provide assurances that defendants will not engage in future violations.
In addition, the Court finds that plaintiffs are not entitled by law to force defendants to give proportional representation to blacks in their advertising, nor is there any evidence in the record that such representation would be necessarily required to avoid indicating a racial preference.
Plaintiff, HOME, however, also seeks compensatory damages to compensate HOME for impairment of its role in facilitating fair housing and for diversion of its resources from its other activities in order to combat the instant violations. As evidence of such damages, HOME has provided records of time spent by HOME staff members in investigating and attempting to resolve the violations which form the basis of the instant action and have assigned an hourly rate to such time, based on the employees’ salary, fringe benefits, and a portion of office overhead. See PX 63. In addition, plaintiff Saunders seeks monetary damages based on her feelings of loss of dignity and humiliation from reading Lifestyle and seeks punitive damages to deter GSC from future unlawful conduct.
Under the Fair Housing Act, prevailing plaintiffs may be awarded their “actual damages and not more than $1,000 punitive damages, together with court costs and reasonable attorney fees.” 42 U.S.C. § 3612(c). The Supreme Court has held that a fair housing organization may recover compensatory damages under the Act for impairment of its objectives and diversion of its resources. Havens Realty Corp. v. Coleman, 455 U.S. 363, 379, 102 S.Ct. 1114, 1124, 71 L.Ed.2d 214 (1982). In the instant case, HOME, therefore, is entitled to recover such damage which resulted from the Fair Housing Act claim.
To determine a value for the diversion of resources caused by the instant claim, the Court may consider plaintiff’s records of time and overhead costs attributable to pursuing such claim, which totalled $2,300. While plaintiff may not be entitled to recover such investigative costs per se, such costs offer a reasonable guideline for ascertaining the value of plaintiff’s “diversion of resources” element of damage, and such sum is thereby awarded.
In addition, HOME is entitled to compensation for damage to its fair housing goals resulting from the instant claim. There was considerable testimony during trial concerning the paramount importance of non-discriminatory advertising in furthering HOME’S mission of ensuring equal housing opportunities. The importance of such advertising is highlighted by the central role the affirmative advertising provisions play in HOME’S conciliation agreements. In today’s market, obviously advertising plays a pivotal role in providing housing information to the public. Thus, when one of the largest providers of housing in the Richmond area — GSC—publishes advertising such as Lifestyle on a large scale which conveys a message that it prefers white tenants, such advertising has a subtle, but substantial, impact on HOME’S mission of ensuring equal housing and conveying the availability of equal housing to the public. Thus, the Court finds it appropriate to award damages of $10,000 to HOME based on defendants’ frustration of its equal housing mission.
Plaintiff Saunders also seeks compensatory damages under the Act for her emotional distress and humiliation as a result of viewing Lifestyle. Such damages are compensable under the Act. See, e.g., Smith v. Anchor Building Corp., 536 F.2d 231, 236 (8th Cir.1976).
In the instant case, Ms. Saunders’ testimony left no doubt that she was deeply affected by the message conveyed to her by Lifestyle — that she, as a black person, was not welcome in GSC apartment complexes. As Ms. Saunders explained, one does not “get used to” the experience of feeling unwelcome in our society. More importantly, in 1987, “no one should have to toughen themselves to racial discrimination.” Davis v. The Mansards, Inc., 597 F.Supp. 334, 347 (N.D.Ind.1984) (awarding $5,000 to plaintiff tester for emotional distress caused by discriminatory rejection of housing application). For those of us fortunate enough not to have experienced such discrimination, it may be difficult to imagine the emotional impact of feeling unwelcome in one’s own community; for Ms. Saunders, it is not. Given Ms. Saunders’ distress, the Court believes that an award of $2,500.00 in actual damages is appropriate.
Further, the plaintiffs seek punitive damages, which are allowable under the Act up to $1,000. Such damages are appropriate when plaintiffs have proven that defendants acted wantonly or willfully or were motivated by ill will, malice, or a desire to injure the plaintiffs. See, e.g., Phillips v. Hunter Trails Association, 685 F.2d 184, 191 (7th Cir.1982). The Coúrt finds insufficient evidence that such motive or state of mind existed. Rather, the Court finds that the actions of defendants Perel and GSC, through its agents, while intentional, lacked the requisite malice for awarding punitive damages. Further, because this Housing Act issue is one of first impression, the defendants did not have clear legal authority that their conduct was prohibited. While knowledge of a recent decision making alleged conduct cognizable does not affect enforcement of a statute, it is relevant to the wilfulness or wantonness requirement for the award of punitive damages. See, e.g., Lee v. Southern Home Sites Corp., 429 F.2d 290, 294 (5th Cir.1970). Thus, the Court finds an award of punitive damages inappropriate.
V. Section 1981 and 1982 Claims
Plaintiffs allege that defendants’ discriminatory advertising practices also violate the Civil Rights Act of 1866, 42 U.S.C. §§ 1981-82. The Court deals with these claims jointly because the Supreme Court has held that the reach of these statutes is coextensive. See, e.g., Tillman v. Wheaton-Haven Recreation Association, 410 U.S. 431, 440, 93 S.Ct. 1090, 1095, 35 L.Ed.2d 403 (1973).
Plaintiffs contend that because Lifestyle indicated a preference based on race, black persons were denied an equal right to make a contract for the rental of GSC property under Sections 1981 and 1982.
Defendants argue that plaintiffs are not entitled to recover under either section both factually and as a matter of law. Initially, they assert that, even if defendants’ publication of Lifestyle constituted a form of intentional discrimination, such discrimination is not cognizable under Sections 1981 and 1982. They further contend that, even if plaintiffs’ allegations do state a cause of action under these statutes, plaintiffs have failed to prove that defendants had the requisite discriminatory intent.
A. Scope of Sections 1981 and 1982
In the first instance, the Court must determine whether the conduct alleged — defendants’ intentional discrimination in publishing advertising that indicates a preference based on race — constitutes a violation of Section 1981 and/or 1982. Such determination appears to present an issue of first impression, at least among published authority.
1. Section 1982
Plaintiffs allege that defendants’ discriminatory advertising practices violate the Civil Rights Act of 1866, 42 U.S.C. § 1982, which provides:
All citizens of the United States shall have the same right, in every state and territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.
They contend that because Lifestyle indicated a preference based on race, black persons were denied an equal right to make a contract for the rental of GSC property.
Defendants assert that § 1982 does not encompass such advertising claim, citing dictum in a 1968 Supreme Court decision as authority for their assertion. See Jones v. Alfred H. Mayer Co., 392 U.S. 409, 413, 88 S.Ct. 2186, 2189, 20 L.Ed.2d 1189 (1968).
In Jones, the specific issue before the Court involved whether § 1982 applied to private, and not only state, action in the sale or rental of property and, if so, whether such scope was constitutional. In beginning its examination of the scope of § 1982, the Court compared § 1982 to the Fair Housing Act. Unlike the Fair Housing Act, the Court explained, § 1982 “is not a comprehensive open housing law.” Id. at 413, 88 S.Ct. at 2189. The Court then noted several differences between the scope of the two statutes, noting as follows:
[Section 1982] does not deal specifically with discrimination in the provision of services or facilities in connection with the sale or rental of a dwelling. It does not prohibit advertising or other representations that indicate discriminatory preferences. It does not refer explicitly to discrimination in financing arrangements or in the provision of brokerage services.
Id. (emphasis added).
In a footnote to the above-quoted language, the Court explained that, although § 1982 does not specifically address discrimination in the provision of services or facilities, financing arrangements or brokerage services, the Court “intimates no view” upon whether such discrimination still might be covered under §§ 1982 and/or 1981. Id. at 413 n. 10, 88 S.Ct. at 2189 n. 10. Notably, the Court did not apply such disclaimer to its statement that discriminatory advertising is not prohibited by § 1982.
In summary of the comparison between the two statutes, the Court noted the “vast differences between, on the one hand, a general statute applicable only to racial discrimination in the rental and sale of property and enforceable only by private parties acting on their own initiative, and, on the other hand, a detailed housing law, applicable to a broad range of discriminatory practices and enforceable by a complete arsenal of federal authority.” Id. at 417, 88 S.Ct. at 2191.
Plaintiffs argue, correctly in the Court’s view, that the Supreme Court’s statements in Jones concerning preferential advertising, an issue not before the Court, do not constitute binding authority on the instant issue. While we agree that such statements in dictum do not create binding precedent, however, they do provide insight into the Supreme Court’s interpretation of the intended scope of § 1982.
As interpreted in Jones, § 1982 “must encompass every racially motivated refusal to sell or rent.” Id. at 421-22, 88 S.Ct. at 2194. A survey of housing discrimination cases supports the interpretation that § 1982 prohibits refusals to sell or rent based on race, and not the mere expression of a preference to sell or rent based on race. Under the plain language of the statute itself, advertising that indicates a racial preference, while it may discourage blacks from exercising their right to rent certain property, does not deny them the opportunity to rent such property.
Thus, the Court finds no basis for interpreting § 1982 to apply to advertising indicating a racial preference. Certainly, the effect of such advertising can be as discriminatory and devastating as a direct refusal to rent. Congress presumably recognized this fact, however, in enacting the broader, more detailed prohibitions of the Fair Housing Act.
Having determined that § 1982 affords no cause of action for the instant advertising claims, the Court finds no authority to grant a more expansive interpretation of § 1981. Section 1981 provides as follows:
All persons within the jurisdiction of the United States shall have the same right ... to make and enforce contracts ... as is enjoyed by white citizens____
Because of the historic interrelationship of §§ 1981 and 1982, courts have consistently construed these statutes together. See Tillman v. Wheaton-Haven Recreation Association, 410 U.S. 431, 93 S.Ct. 1090, 35 L.Ed.2d 403 (1973); McCrary v. Runyon, 427 U.S. 160, 96 S.Ct. 2586, 49 L.Ed.2d 415 (1976). Thus, if § 1982’s guarantee of an equal right to rent property does not apply to plaintiff’s advertising claims, then § 1981’s guarantee of an equal right to make contracts to rent property should not apply to such claims.
Similarly to § 1982, § 1981 has been interpreted to apply to refusals to enter into contracts with blacks, and not more subtle discouragements. See, e.g., Runyon v. McCrary, supra. While plaintiffs cite Runyon to support their claim, in fact Runyon involved defendants’ direct refusal to enter into a contract with black applicants. Defendant private school was held liable under § 1981 because it denied two prospective students’ admission based on race. While it is true that one of the plaintiffs did not complete a formal application, her parent was informed by the defendant that the school would not admit any black applicants. Thus, the plaintiff was effectively denied the right to contract for educational services.
Such case presents a far different issue than if defendant had merely published an advertisement indicating a preference for white students.
While admittedly such conduct would be discriminatory, it would not deny plaintiff the right to enter a contract. Thus, the Court finds that § 1981 does not create a cause of action for the instant advertising claims.
Conclusion
Based on the foregoing reasons, judgment will be entered in favor of plaintiff HOME on its fraud claim and in favor of both plaintiffs on their Fair Housing Act claim. Judgment will be entered in favor of defendants on the claims under 42 U.S.C. §§ 1981, 1982.
An appropriate order shall issue.
JUDGMENT ORDER
For the reasons stated in the memorandum this day filed and deeming it proper so to do, it is ADJUDGED, DECREED and ORDERED as follows:
1. Judgment is granted in favor of plaintiff HOME against the defendants on its state law fraud claim, and it is further ADJUDGED and DECLARED that the defendants’ advertising practices in causing to be printed and distributed a brochure designated as Lifestyle ordered by defendant General Services Corporation to be reprinted on or about June 15, 1983, and described more fully in the Court’s memorandum, is violative of Section 3604(c) of the Fair Housing Act, 42 U.S.C. § 3601 et seq. The 1983 conciliation agreement between HOME and the defendants is hereby declared null and void and stands rescinded.
2. On plaintiffs’ claim under the Fair Housing Act, 42 U.S.C. § 3604, judgment is herewith entered in favor of plaintiff HOME against the defendants in the sum of Twelve Thousand Three Hundred Dollars ($12,300), and the defendants shall offset from said sum Two Thousand Dollars ($2,000) representing the monies received by plaintiff HOME in connection with the 1983 agreement referred to in paragraph 2 of this Judgment Order. Plaintiff HOME shall be entitled, in addition to its taxable costs, to interest on the net judgment sum of Ten Thousand Three Hundred Dollars ($10,300) at the rate of 6.30% per annum from this date until paid.
Judgment is herewith entered in favor of plaintiff Renee J. Saunders against the defendants in the sum of Two Thousand Five Hundred Dollars ($2,500) with interest from this date at the rate of 6.30% per annum until paid. Defendants shall pay said plaintiffs’ taxable costs.
3. Judgment is hereby entered for defendants on plaintiffs’ claims undér 42 U.S.C. §§ 1981, 1982.
4. The Court is without adequate information to determine plaintiffs’ entitlement to attorneys’ fees under 42 U.S.C. § 3612(c), which requires a showing of plaintiffs’ financial inability to pay such fees. Should plaintiffs wish to pursue a claim for fees, they are hereby ordered to submit appropriate affidavits in support of their claim within fifteen (15) days of the date of this order. In such event, defendants will have fifteen (15) days from the receipt of plaintiffs' affidavits to submit any rebuttal evidence. Unless plaintiffs submit the required affidavits within such time, no attorneys fees will be allowed.
Let the Clerk send a copy of this judgment order, along with the accompanying memorandum, to all counsel of record.
. The Court notes, in conclusion, that its decision not to recognize §§ 1981 and 1982 as creating a cause of action for discriminatory advertising in the instant case is of limited practical effect here. The Court has already held that plaintiffs have proven a Fair Housing Act violation based on the same facts and awarded them compensatory, but not punitive, damages. Identical damages are sought for the alleged § 1981 and § 1982 violations. Because plaintiffs would not be entitled to recover double damages, the Court’s ruling on the scope of Sections 1981 and 1982 has limited practical significance.
| CASELAW |
Page:Appleton's Guide to Mexico.djvu/304
276 roasted before being treated in the crushing and reducing-mills.
The stage-coach enters a cañon at Guadalupe, and, traveling up a heavy grade, the old mining settlement of Zacatecas is reached. The latter place is 83 miles from Aguascalientes, and the time required to make the distance is 13 hours.
Zacatecas is one of the oldest mining towns in Mexico. It received the title of city in 1585 from Philip II. The streets are well paved and somewhat tortuous, although not as much so as in Guanajuato. The city is not behind the age, even though 140 miles from a railway terminus, and a much greater distance from any seaport. The electric light shines on the plaza, and a number of telephones are in use. Zacatecas lies in an arid and mountainous region, with an inclement climate.
There are fourteen churches of minor importance and a Protestant chapel. Some of them are ornamented with artistic gilt wooden carvings and old paintings, that were transported to the city at enormous expense.
The tourist should ascend the Bufa, about 500 feet above the plaza, for a view of the city and its environs.
There is a small chapel on the summit, known as the | WIKI |
FUN WITH LINUX
End-To-End-Encryption for messengers
3 June 2016
End-To-End-Encryption is nothing new. With messengers like Whatsapp or Telegram it’s again an issue. If E2E-Encryption means that nobody but the endpoints are able to encrypt the messages, then how is this feature implemented so seamlessly?
What’s E2E-Encryption
End-to-end encryption ( E2EE ) is a system of communication where only the people communicating can read the messages. No eavesdropper can access the cryptographic keys needed to decrypt the conversation, including telecom providers, Internet providers and the company that runs the messaging service.[1] Surveillance and tampering are impossible because no third-parties can decipher the data being communicated or stored. For example, companies that use end-to-end encryption can’t hand over texts of their customers’ messages to the authorities - Wikipedia
Whats problem with encryption in general?
The big problem with encryption, using an unsecure channel, is the way how endpoints exchange the cryptographic keys. And this is even much more difficult if the persons never met. If we are using an unsecure channel we have to trust something and this “something” is the breaking point. Of course we have cryptographic algorithms like Diffie-Hellman key exchange but they just help us to exchange a key encrypted. If you don’t know how the Diffie-Hellman key exchange works, here is the most simplest explanation in an lillustration(I borrowed the image from Wikipedia, just click on the image to get to the source):
https://en.wikipedia.org/wiki/Diffie%E2%80%93Hellman_key_exchange
Algorithms like Diffie-Hellman do not ensure the integrity of our endpoints! Therefore an attacker can perform a Man-In-The-Middle attack to infiltrate the key exchange:
DH Key Exchange
Is there a solution?
We need a fixpoint we can trust somehow. The easiest way would be that if we know a person, we can meet and exchange the keys physically. In that way we use a different “secure” channel and we know each other(integrity). But that’s not always possible.
With public-key-algorithms it is possible to have central authorities we can trust(I don’t really trust them, but that’s another story..). Those authorities have 2 functions:
1. register a person’s identity
2. sign a certificate for this person
So if we trust the authority(our fixpoint here and we have the public-keys of the authority already installed on our machine) and our endpoint uses a certificate which is signed by this authority, we can trust the identity of our endpoint.
Another approach would be to have a Web-Of-Trust.GPG uses this approach. We can sign other peoples public key if we trust them. In that way we have a network of people who trust each other(fixpoint here) transitively. Pretty cool, but this needs users with some knowledge about public-key-technologies.
Again: “We need a fixpoint we can trust somehow”. And trust is an expendable word…
E2E-Implementations
Email
End-to-End-encryption exists a long time for emailing. Users have tomanually take care about the keys(PGP/GPG). They can make use of the Web-Of-Trust and it’s up to the user how paranoid his key/trust-management is. The thunderbird-extensions Enigmail makes it very easy to use E2E-encryption.
Jabber
Jabber (also known as XMPP) is an extendable chat-protocol. Many jabber-clients have a built-in button for GPG-encryption. The users still have to take care of their keys for themself. Since there are many open-source clients, we also exactly know the implementation of it.
Off-The-Record
Some Jabber-Clients also support Off-The-Record(OTR). Off-The-Record is supposed to make the key-exchange more easy. So this is great for users who don’t want to take care about technical details. It work’s like this in action: Alice clicks on a button “otr”. Then a key is generated and sent to Bob. Bob’s client will also generate a key and sends it to Alice. Both User just see the fingerprint of both keys and can compare them. If they want more security, they can use another channel(like the phone) to verify the keys. The problem with OTR: if the jabber-server is compromised, a Man-In-The-Middle-attack might be possible. And of course: if both endpoints don’t verify their keys, the integrity of the keys can also not be ensured. But that’s the price for “easy-to-use”-encryption.
Telegram
When I started to write this article, I was thinking about Whatsapp. Because Whatsapp advertises with “we support E2E-encryption”. Whatsapp is closed-source, so I was looking for an Open-Source-alternative for Whatsapp. And I came to Telegram.
Telegram is a Whatsapp-like messenger. And it’s open-source, isn’t it? Not really. The client-application is open-source but not the server-part. I checked out it’s source-code. And I was supprised because it just uses RPC-calls rather than make use of any chat-protocol(which is not bad! I just wrote that because I expected something else). Another supprise appeared when I saw the crypto-implementation. They break the first rule of crypto-development: “DON’T IMPLEMENT YOUR OWN ALGORITHM!”. Some flaws already have been discovered and discussed:
• http://www.cryptofails.com/post/70546720222/telegrams-cryptanalysis-contest:
• http://security.stackexchange.com/questions/49782/is-telegram-secure
• https://core.telegram.org/techfaq#q-how-does-end-to-end-encryption-work-in-mtproto
Here some quotes:
They use the broken SHA1 hash function
They include a hash of the plaintext message in the ciphertext. Essentially, they are trying to do “Mac and Encrypt” which is not secure. They should be doing “Encrypt then Mac” with HMAC-SHA512.
They rely on an obscure cipher mode called “Infinite Garble Extension.”
They do not authenticate public keys
Even if these flaws would not exist anymore there is still one question in my mind: How is the integrity of the keys ensured? E2E really means end-to-end. This means that the only nodes in this communication who know the keys are our endpoints. But I have never seen a fingerprint on Telegram where I could verify the key of my chat-partner. Telegram makes it easy: “just trust our server, then everything is easy and everything is okay”. What if the server is hacked? What if the server logs keys or messages? For me, this is not End-To-End-Encryption.
Whatsapp
I don’t know how Whatsapp has implemented E2E-encryption. I know that it has to be enabled and that there are QR-Codes. Yet I don’t know how it works and can’t say anything about it, but I am very curious about it.
UPDATE : I found a Whitepaper about Whatsapps E2E-encryption
Another problem to deal with
So even if we use a messenger which really uses E2E-encryption, there is still one issue: What about the History-File? Thunderbird and Enigmail encrypts a message just for few minutes. After then you have to insert your GPG-mantra again. But I know some messengers, where you can encrypt your messages with GPG but the messages are still in plaintext in the history-file! And if you just disable history-logs on your client, you still can’t be sure that your opposite did it too.
[ Security Crypto ]
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Copyright 2015-present Hoti | ESSENTIALAI-STEM |
% Lines that start with a percentage sign are comments % The computer ignores any comments % This sets the type of document \documentclass{article} % Packages are like plug-ins that add functionality \usepackage{amsthm, amssymb, amsmath} \usepackage[colorlinks=true]{hyperref} \def\hhref#1#2{\href{#1}{#2} [\texttt{#1}]} \usepackage{enumitem} \usepackage[margin=1in]{geometry} % This sets up personal environments, like theorems \newtheorem{question}{Question} \newtheorem{theorem}{Theorem} \newtheorem{definition}{Definition} % This sets up macros (short forms) for common commands \newcommand{\ZZ}{\mathbb{Z}} % Here is where the action content starts \begin{document} % This sets up the title and author \title{\LaTeX\ tutorial} \author{Your name here} \date{\today} \maketitle \begin{enumerate}[label=(\alph{*})] \item Use summation notation, i.e. $\sum_{i = 1}^n$, to rewrite the following expression without ellipses: \begin{equation*} 1 + \frac{1}{4} + \frac{1}{9} + \frac{1}{16} + \cdots = \end{equation*} Do you know what the value of this sum is? \item The quadratic formula gives an explicit expression for the solutions to an equation $ax^2 + bx + c = 0$. Typeset the quadratic formula below. \item For each of the following sets (their names are $A$, $B$ and $C$), correct the poorly-formed set builder notation: \begin{align*} A &= \{ x in \mathbb{Z} : x \} \\ B &= { x \in : x > 1 } \\ C = \{ \mathbb{Z} &: x <= 1 \end{align*} Can you also correct the weird alignment so it looks better? Notice the \texttt{align} environment and the $\&$ symbols in the code. Hint: \hhref{http://detexify.kirelabs.org/}{detexify} could help you find the \LaTeX code for any particular symbols you may want, like `less-than-or-equals'. \item Here's a definition of an odd number: \begin{definition} An integer $n$ is \emph{odd} if it has the form $n = 2k+1$ for some integer $k$. \end{definition} Notice how I have typset the word we are defining (`odd') to emphasize it. Use the \texttt{theorem} environment to typeset a nicely stated theorem which says what the parity of a sum of two odd numbers will be. Hint: check your statement with me. \item Use the \texttt{proof} environment to typeset a proof of your theorem. Hint: check your proof with me. \item Fill in the third column of this \emph{truth table} for $P \wedge Q$ (this is the symbolic way to write `$P$ and $Q$'): \begin{center} \begin{tabular}{c|c|c|c} $P$ & $Q$ & $P \wedge Q$ \\ \hline T & T & \\ T & F & \\ F & T & \\ F & F & \end{tabular} \end{center} In other words, for the first row, if $P$ is true, and $Q$ is true, is it true or false that `$P$ and $Q$'? \item Compute a few of the sums in the following sequence: $$ 1,\; 1 + 3,\; 1 + 3 + 5,\; 1 + 3 + 5 + 7,\; 1 + 3 + 5 + 7 + 9,\; \ldots $$ Do you see a pattern? Write a formula expressing the pattern you found. \item Thinking back to the first-day activity, can you typset a conjecture you made about the edges, vertices and faces of polyhedra? \end{enumerate} \end{document} | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/Pete Holly (2nd nomination)
The result of the debate was No consensus, Keep. Dei zio talk 14:46, 23 May 2006 (UTC)
Pete Holly (2nd nomination)
This is a strange case. I found this article in the Wikipedia namespace, and moved it, thinking that the creator made a mistake. When checking the backlinks, though, I found out that it had been deleted before. I would vote keep if that is allowed, because he appears to be an actual person, despite what the previous AfD debate said: he has three albums on amazon.com, an entry at VH1.com (for what it's worth), etc. Ardric47 00:15, 18 May 2006 (UTC)
* The first debate is archived at Articles for deletion/Pete Holly. Ardric47 00:26, 18 May 2006 (UTC)
* Weak keep and clean up A LOT Aside from this article being diiiiiiirty, being a voter for the Grammys means nothing, as you just have to be credited on six songs, and getting "first round" nominations means nothing, because like a jillion (give or take a jillion) artists get first round noms. However, if the other information in the article and further info can be verified, then this would be as good a candidate for an article as any other. -- Kicking222 00:52, 18 May 2006 (UTC)
* Neutral- seems like the first deletion may have been an error, hence no speedy as a recreation. If this guy actually is a recording artist and fulfills criteria on WP:MUSIC then I would be inclined to vote weak keep. Badgerpatrol 00:58, 18 May 2006 (UTC)
* Delete. Verifiability is hard to establish, and the article is really weak. Some parts of it suggest vanity or original research ("currently lives…"). I say delete now. Bucketsofg✐ 01:18, 18 May 2006 (UTC)
* Keep seems sound (excuse the pun) enough to me. I've done some cleaning up. Vanity is not a cause for deletion - only non-notability. See Vanity. Plenty of articles have the "currently lives" line. Do we really want to dispute that and remove it from the article?Tyrenius 02:14, 18 May 2006 (UTC)
* Delete. It's still not clear to me what WP:MUSIC criteria he meets, if any. --Metropolitan90 03:22, 18 May 2006 (UTC)
* Do websites not count as "reputable media"? Although I can see how almost all of the web hits might have been heavily influenced by Pete Holly himself (akin to vanity publishers). I will reconsider my vote if better sources don't turn up. Ardric47 04:44, 18 May 2006 (UTC)
* Are there multiple non-trivial works published about him on web sites? Some web sites are reputable media but others clearly do not count as such. Note that his entries on VH1.com and Allmusic.com include minimal information at most. Furthermore, the fact that his web site still makes false claims about him being nominated for multiple Grammy Awards, which is verifiably false, raises questions about the accuracy of other information he may have submitted here or elsewhere. (The "first round" does not constitute an award nomination. ) --Metropolitan90 05:26, 18 May 2006 (UTC)
* Could you please explain about "verifiably false" for those of us not familiar with Grammy procedures. Thanks. Tyrenius 10:38, 18 May 2006 (UTC)
* I'm not really talking about Grammy procedures per se, just how claims Pete Holly makes on his web site are the opposite of verifiable. For example, his home page says -4-GRAMMY NOMINATIONS FOR "PETE HOLLY III"- -INCLUDING ONE FOR THE VIDEO "HEART OF GOLD"-in 2006- yet the official list of Grammy nominations for the most recent year never mentions him or "Heart of Gold". In other words, not only can we not verify that he was Grammy-nominated, we can verify that he wasn't. This raises questions about how accurate other published information about him may be. Adrift* suggests below that he appears notable, and maybe he meets some WP:MUSIC criterion like having a national tour, but I'm not going to give him the benefit of the doubt until we get some reliable sources. --Metropolitan90 02:03, 19 May 2006 (UTC)
* Delete per Metropolitan90, sounds like someone trying very hard to meet WP:MUSIC. But failing. Rockpocket (talk) 06:15, 18 May 2006 (UTC)
* It's time for this article to face the music. Hiding in the Wikipedia namespace couldn't save it. Delete. Kimchi.sg 09:55, 18 May 2006 (UTC)
* Keep – but more cleanup is required – Gurch 11:13, 18 May 2006 (UTC)
* Keep if sourced. Recording career does not look notable, involvement on the Grammys etc. probably tips him over the edge into WP:BIO land. But as stated above, there is almost nothign on which to base an artivle on the web, so anyone with access to treeware resources should join in now :-) Just zis Guy you know? 12:07, 18 May 2006 (UTC)
* Delete per Rockpocket. Not notable enough in my view. Paddles 12:19, 18 May 2006 (UTC)
* Delete No sources cited at all, so delete as unverifiable unless good citations are provided prior to expiration of AfD discussion. Dpbsmith (talk) 13:56, 18 May 2006 (UTC)
* Delete per Rockpocket. Metamagician3000 14:11, 18 May 2006 (UTC)
* Keep Contrary to JzG, I found many hits in Google. His website claims that his video is Grammy nominated (but doesn't state which year, so this is difficult to research). He has a discography, so he'd meet several criteria at WP:MUSIC. I'd say holdon until further sources can be found. -- User:Malber (talk • contribs) 16:23, 18 May 2006 (UTC)
* Comment: Not to disparage your points, but I'm very sure I've heard on another AfD somewhere (can't remember which article, or who said it) that it is much easier to get nominated for the Grammys than actually winning. Kimchi.sg 08:46, 22 May 2006 (UTC)
* Delete. Doesn't meet WP:MUSIC or any other notability standard. -- stubblyh ea d | T/c 16:41, 18 May 2006 (UTC)
* Delete not notable. Crazynas 16:51, 18 May 2006 (UTC)
* Keep Appears notable. His early punk band Pete Holly and the Looks was a small time garage/punk band from around the early 80s and that too seems notable. He also has a much more recent solo release listed at Allmusic.com. The article needs citation and more detail all around, but could be an interesting article especially for collectors and historians.--Adrift* 18:33, 18 May 2006 (UTC)
* Weak Keep I could see, just barely, how people could see this article as being notable.Thetruthbelow(talk) 23:15, 18 May 2006 (UTC)
* Delete, fails WP:MUSIC and WP:V.--Peta 05:31, 22 May 2006 (UTC)
| WIKI |
Wikipedia:WikiProject Animals/Article structure
[It is hoped that] WikiProject Animals and its species-topical "child" projects [will] recommend that articles about breeds of domestic animals, including pets, working animals and agricultural livestock, follow the general outline below, a subject-specific interpretation of the interplay of WP:Manual of Style/Layout, WP:Neutral point of view, WP:Verifiability, WP:Identifying reliable sources, WP:No original research, and other Wikipedia policies, guidelines and key essays. It is partly a style guide but mostly a content guide. Many of its recommendations are applicable to sub-breeds, landraces, general types, breed groups, and other classifications that are not formal breeds. | WIKI |
How To Use Ratchet Straps
Everybody should have a set of ratchet straps.
Bungee cords have long been known as the go-to do-it-all tool to wrap, strap, and hold anything and everything in place. But there’s another piece of equipment out there does that same job with added strength and security: the ratchet strap.
The ratchet strap, also known as a tie-down strap, does not use any elastic or rubber (aside from coating on the hooks), therefore it cannot fail due to dry-rot. Instead, quality examples rely on polyester fabric for a gorilla grip that can be used at the boat dock, at the lumber yard, or in your bedroom (we judge no kink!).
If you’ve never used a ratchet strap, they might seem like a complicated version of a belt buckle, but there’s not much to them. Once you understand the basics of their components, it’s simple to understand why they’re one of the best tools any DIYer can keep in the garage. Allow Car Bibles to explain.
What Is a Ratchet Strap?
A ratchet strap is a tool used for tying things down, holding things down, keeping things in place, and/or creating boundaries between specific areas. The main components of a ratchet strap include two fabric belts, two anchor hooks at the end of the belts, a ratcheting device with a rotating axle, and a handle to actuate the ratchet.
A big ratchet strap.
Depositphotos
When Can You Use a Ratchet Strap?
Ratchet straps are most commonly used in transportation when it is necessary to keep cargo in check and in place. For example, they are often used to keep cars planted on a dynamometer or to hold jet skis, boats, side-by-sides, or ATVs on a trailer. They are also commonly used by hooking into the rails on a pickup truck to keep dressers, couches, 12-foot skeletons, a Peloton, or any other household items in place during a move.
Ratchet Strap Safety
Hauling cargo that requires tie-downs can be dangerous to you and those in your surroundings. Always make sure you have adequate equipment, proper tie-down points, and the right vehicle, and ratchet strap, for the job. To aid in determining which strap is right for you, let’s talk about strength, load, and inspecting your ratchet strap.
Determining Strength and Load
Ratchet straps come in a variety of sizes, each of which is designed and tested to handle certain loads and weights. Double check that you have the right tools for the job, or you could be watching your hand-turned cedar bed frame bouncing down the highway in the near future.
Inspecting Your Ratchet Strap
Ratchet straps might not have degrading rubber to worry about, but that doesn’t mean they’re immune to failure. The straps could become weakened over time due to cuts, fraying, mold, or age. Always inspect the strap, as well as the ratchet for worn teeth, before use. And once rigged up, give them a good, solid pull to make sure they don’t have any movement that could unladen the load.
A yellow ratchet strap
Depositphotos
Here’s How To Use Ratchet Straps
That riding lawn mower ain’t gonna hold itself, let’s get to work.
1. Measure the distances between anchor points to ensure your straps are long enough.
2. Lay the straps flat, loosely positioning the straps in place or on the ground.
3. Depress the release button and open the ratchet.
4. Insert the loose strap into the slot found on the axle on the ratchet.
5. Close the ratchet. This should grip the strap into place and pair the two pieces together.
6. Leave enough slack to cover cargo and reach the anchor points.
7. Attach the hooks to the anchor points.
8. Use the handle on the ratchet strap to tighten until the strap is taught and your cargo is safely secured.
9. Double check that the straps are not twisted and the strap is neatly feeding through the ratchet.
10. Double check that the anchor hooks are secured. Give them that solid pull we mentioned earlier.
11. Repeat with any additional straps. Most jobs require more than one.
How To Release a Ratchet Strap
Once you’re ready to disconnect the ratchet strap, follow these steps:
1. Press the release and pull the strap apart.
2. Hold the release until you have displaced the desired amount of strap.
3. Once there is enough slack in the line, release the anchor points.
FAQs About Using Ratchet Straps
Just think of Car Bibles as your automotive Magic 8 Ball. There’s an answer, whether you like it or not.
Q: Do All Ratchet Straps Have S-Hooks?
A: No. Some ratchet straps are designed with other types of fasteners such as U-hooks, flat hooks, and e-tracks. Buy the one for your job.
Q: Where Should I Secure My Ratchet Straps?
A: You should secure your ratchet straps to a reliable point of strength such as a built-in tie-down point on your pickup truck.
Q: How Much Do Ratchet Straps Cost?
A: Small ratchet straps typically cost roughly $10-20, while larger options could cost $50-100.
Q: Is One Ratchet Strap Enough to Safely Secure My Cargo?
A: Unless you’re strapping Wile E. Coyote to a rocket, one ratchet strap ain’t gonna cut it. Always use at least two ratchet straps to prevent the item from moving left and right or forward and backward. Bracing the cargo with the ratchet straps in an “X” pattern is by far the best method.
Tony Markovich
Tony Markovich
Tony has a thing for pop-up headlights. His first car was a $3,000 1996 Saturn SC2 Coupe, and his current project is a 1970 Opel GT junker. When he's not daydreaming about the Cadillac Sixteen, he's watching the Chicago Bulls go undefeated on TNT. Contact the author here. | ESSENTIALAI-STEM |
Charles Dalton (actor)
Charles Dalton (1864—1942) was an English born stage actor who had a lengthy Broadway career. He made his first stage appearance in 1883 and toured the English provinces for over a decade before heading to New York City in 1896. He appeared in 1896 in a production of Wilson Barrett's The Sign of the Cross. His last Broadway appearance was in 1940 in a production of Richard II.
Filmography
* Fighting Odds (1917)
* The Wakefield Case (1921) | WIKI |
Inbox Accounting Database Management
The Routing and Remote Access Service (RRAS) role in Windows Server is a popular VPN server choice for administrators deploying Windows Always On VPN. It is easy to configure, scales well, and is cost-effective. After installing RRAS, administrators can optionally enable inbox accounting to log historical data and generate user access and activity reports as described in Always On VPN RRAS Monitoring and Reporting.
Inbox Accounting Database
A Windows Internal Database (WID) is automatically installed and configured for data storage when inbox accounting is enabled.
WID is nothing more than a basic instance of Microsoft SQL Server. As such, the database will require periodic maintenance to perform optimally.
Inbox Accounting Database Management Scripts
I have created a series of PowerShell scripts to address the inbox accounting database management requirements for organizations using Windows Server RRAS. Scripts are available to perform the following inbox accounting database management tasks.
• Optimize the inbox accounting database.
• View the size of the inbox accounting database files.
• Compress the size of the inbox accounting database.
• Back up the inbox accounting database to a file on disk.
• Restore the inbox accounting database from a backup file.
• Move the inbox accounting database file to a different location.
• Remove the inbox accounting database.
Optimize Database
A known issue with the inbox accounting database can result in high CPU and memory utilization for very busy RRAS VPN servers. Specifically, a crucial index is missing from one of the tables in the logging database. This issue persists in Windows Server 2022. To correct this issue, download and run the following PowerShell script on each RRAS VPN server in the organization.
Optimize-InboxAccountingDatabase.ps1
View Database Size
The database can grow rapidly depending on how busy the RRAS server is. Administrators can view the current database file sizes by downloading and running the following PowerShell script on the RRAS server.
Get-InboxAccountingDatabaseSize.ps1
Compress Database
Over time, the database can become fragmented, decreasing performance. Compressing the database can improve performance and result in significant recovery of disk space. To compress the inbox accounting database, download and run the following PowerShell script on each RRAS server in the organization.
Compress-InboxAccountingDatabase.ps1
In this example, compressing the database reduced its size by more than 8MB, resulting in a nearly 70% reduction in disk space usage.
Backup Database
Administrators may wish to back up the inbox accounting database before purging older records from the inbox accounting database. Also, backing up the database preservers access records when migrating to a new server. To back up the inbox accounting database, download and run the following PowerShell script on each RRAS server in the organization.
Backup-InboxAccountingDatabase.ps1
Restore Database
Naturally, to restore the inbox accounting database from a previous backup, administrators can download and run the following PowerShell script.
Restore-InboxAccountingDatabase.ps1
Restoring a database from backup will erase all records in the current database. It does not append. Proceed with caution!
Move Database Files
Inbox accounting database and log files are located in C:\Windows\DirectAccess\Db by default.
However, storing database and log files on the system drive is not ideal. A better alternative is to place the inbox accounting database and log files on a separate disk for optimum performance. To move the inbox accounting database, download and run the following PowerShell script on each VPN server in the organization.
Move-InboxAccountingDatabase.ps1
Moving inbox accounting files may not be formally supported by Microsoft. Use caution when making this change.
Remove Database
Occasionally an inbox accounting database becomes corrupt and can no longer be managed. If this happens, completely removing the database is required. It is essential to know that simply disabling and re-enabling inbox accounting on the VPN server does not delete the database. To delete the database completely, download and run the following PowerShell script.
Remove-InboxAccountingDatabase.ps1
PowerShell Module
To simplify things, the PowerShell scripts described in this article are available in a PowerShell module that can be installed from the PowerShell gallery using the following command.
Install-Module InboxAccountingDatabaseManagement
Additional Information
Windows Always On VPN RRAS Inbox Accounting Database Management PowerShell Module
Windows Always On VPN RRAS Monitoring and Reporting
Windows Always On VPN PowerShell Scripts on GitHub
DirectAccess Inbox Accounting Database Optimization
DirectAccess Inbox Accounting Database OptimizationRecently I wrote about an issue with DirectAccess servers exhibiting high SQL Server CPU usage. In that article I demonstrated a way to resolve the issue by adding a crucial index to a table in the remote access inbox accounting database. The process was a bit involved and required downloading third-party tools to make configuration changes on the DirectAccess server.
Going forward, making these changes will now be much easier. Microsoft has published guidance for optimizing the remote access inbox accounting database using PowerShell. They’ve also provided scripts to back up the database and to confirm that optimization has been implemented.
For more information and to download the remote access inbox accounting database optimization PowerShell scripts, click here.
DirectAccess SQL Server High CPU Usage
UPDATE – March 14, 2016: Microsoft has published official guidance for implementing the changes outlined in this article using PowerShell. Details here.
Introduction
DirectAccess SQL Server High CPU UsageRADIUS and Inbox accounting are the two supported logging options for DirectAccess in Windows Server 2012 R2. When Inbox accounting is selected, a Windows Internal Database (WID) is provisioned. Part of the base operating system, WID is functionally similar to SQL Server Express.
SQL Server Utilization Issues
Over the last few months I’ve had a few customers reach out to me with a peculiar performance issue. For customers with very busy DirectAccess servers, where those servers have also been configured to use Inbox accounting, they’ve reported observing unusually high CPU utilization on the sqlservr.exe process.
DirectAccess SQL Server High CPU Usage
Image courtesy Thomas Vuylsteke. Used with permission. – setspn.blogspot.com
As luck would have it, Thomas Vuylsteke, a Microsoft Platforms Premiere Field Engineer (PFE), had already identified the issue and a workaround. Thomas traced the source of high CPU utilization on the sqlservr.exe process to a missing index on a session state table in the DirectAccess accounting database. If you are interested in learning how he performed the troubleshooting to identify and resolve this problem, you can read his entire blog post here.
Resolution
To resolve this issue, create an index on the Session Table in the DirectAccess database. Changes to WID must be made locally, as it is not remotely manageable. WID does not include a management interface, which means the SQL Server management tools would normally have to be installed. However, I’m not a fan of installing any extraneous software on the DirectAccess server, so thankfully one of the readers of Thomas’ excellent article on this subject, Fredrik Elmqvist, provided a very helpful alternative. Fredrik suggesting using the HeidiSQL tool, for which a fully portable version exists. This allows for changes to be made to the WID database without having to install any additional software.
Changes to WID
Begin by downloading the portable version of HeidiSQL here. Next, log on to the DirectAccess server as the local administrator. It is crucial that you must be the local administrator, not just a local or domain user with local administrator privileges. Extract the files from the download and copy them to the DirectAccess server, then follow these steps:
1. Double-click heideisql.exe to launch the management tool.
2. Click on New and then for the Network Type select Microsoft SQL Server (named pipe).
3. For the Hostname / IP: enter \\.\pipe\MICROSOFT##WID\tsql\query.
4. Select the option to Use Windows Authentication.
5. Click Open to continue.DirectAccess SQL Server High CPU Usage
6. Click the Query tab in the center console window and enter the following commands:
Use RaAcctDb
Create NonClustered Index IdxSessionTblSessionState on SessionTable (SessionState,ConnectionID)
7. Click the Run icon in the tool bar or press F9. This will execute the code and create the missing index on the Session Table in the DirectAccess database.DirectAccess SQL Server High CPU Usage
8. Confirm the index was created by clearing the previous query or creating a new query and then entering the following commands:
select * from sys.indexes
where name like ‘idx%’
order by name ascDirectAccess SQL Server High CPU Usage
Summary
Once the change has been made, sqlservr.exe CPU utilization should return to normal. If you have multiple DirectAccess servers configured in a load-balanced array or in a multisite configuration, be sure to repeat these steps on each DirectAccess server in the organization. | ESSENTIALAI-STEM |
Bernardo Comas
Bernardo Comas Aguilera (born 14 November 1960) is a Cuban former amateur boxer in the middleweight division who won the World Amateur Championships at Munich in 1982 and was a gold medalist at the 1983 Pan American Games.
Comas, who missed the 1984 Los Angeles Olympics due to the boycott, also won gold medals at the Central American and Caribbean Games and Friendship Games. | WIKI |
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Car Oil Guide: Mineral Oil vs Synthetic Oil
• by
• Jun 27, 2014
• Views : 17861
Is synthetic engine oil more beneficial than mineral engine oil?
mineral oil vs synthetic oil
Photo Credit: Thinkstock
Is synthetic engine oil better than mineral engine oils? There’s always a dilemma about choosing the right engine oil for your car. Aside from the grades, there’s also Mineral and Synthetic to add to the confusion. Every engine oil manufacturer claims that synthetic oils enhance performance, mileage and engine life but on the flip side, these oils come at a premium price. Does it make sense to go in for these expensive oils when it is not really recommended by a car manufacturer?
Mineral engine oil
Almost entirely natural, mineral engine oil is a derivative of the crude oil refining process. While the thicker by-products that are derived after the refining process are used as tar; the carbon-rich substances are further refined to make petrol and diesel and the remaining crude oil that is contaminated with sulphur and other impurities is used as base for making mineral oil.
Advantages:
• Mineral Oil helps lubricate moving parts in the engine, as per the level of refinement and holds the capacity to perform well in varied conditions.
• Are cheaper compared to semi-synthetic or synthetic oils
Disadvantages:
• The simple way in which they are extracted or produced as opposed to synthetic oils makes it unstable and increasingly prone to loss of viscosity.
• They hold some contaminants that are prone to sludge formation which can be dangerous for your engine in the long run in case it isn’t changed on regular intervals.
Synthetic engine oils
Synthetic oils, despite being based on conventional mineral oils, go through extensive refining in the presence of chemicals that make them more viscous making it well suited for high performance engines.
Advantages:
• Owing to the higher viscosity, it is easier for synthetic oils to handle changes in temperatures and engine load.
• Addition of chemicals reduces sludge formation
• As the oil is resistant to sludge formation for longer period, the oil change interval is longer
Disadvantages:
• The high cost involved in research and its production has a direct effect on retail cost.
• Affects the rubber seals and causes oil leaks, hence not recommended on high-mileage engines.
• Not significantly effective on low performance engines, especially with respect to price
While mineral oils can face the stresses of daily driving easily ensuring that your engine runs smoothly and efficiently, synthetic engine oils can take an actual beating without a fuss. If you use your car for off-roading, drive for prolonged durations at high speeds or put it through extreme temperature changes, only then synthetic oil is recommended. It is not recommended that you use these oils if your car is not being driven in extreme temperature changing conditions, is not driven in high-altitude locations and is not equipped with a high-performance engine. Contrary to common belief, synthetic oil doesn’t necessarily put a dent in your pocket. It is known to last nearly 50-70 per cent longer than mineral oil which ultimately leads to savings in the long run. On the whole, synthetic engine oil is definitely better.
5 Offers Available | ESSENTIALAI-STEM |
The People of the State of New York, Respondent, v. John W. Neff, Appellant.
1. Crimes—Grand Larceny — Sufficiency of Evidence to Warrant Conviction. The evidence examined on the trial of an indictment for grand larceny alleged to have been committed by the defendant in corruptly countersigning, as county auditor of Erie county, and thus certifying to the correctness of, a purported warrant for §7,500, payable to a certain contractor on his contract with the county, whereby payment of that amount was procured from the county treasurer, when, as a matter of fact, the said contractor had, to the knowledge of the defendant, been much overpaid, and held, to warrant a verdict convicting'the defendant of the crime charged.
3. Constitutional Law — Power of Governor to Convene Extraordinary Trial Term of Supreme Court. It is within the power of the governor of the state to convene an extraordinary term of the Supreme Court for the special purpose of conducting the trial of a specific indictment for crime.
3. Trial — Construction of Contract — Charge. The contract upon which the money was paid examined in connection with the resolution of the board of supervisors authorizing it and with the evidence of things done by the contractor and defendantin connection with the project and contract, and held, to warrant a charge by the trial court, as matter of law, that the contractor was not entitled to receive an amount claimed by him in excess of the compensation which he had already collected at the time of the drawing of the warrant in connection with which the defendant lias been convicted. The possibility that the defendant might in good faith have made a mistake in construing the contract and might have honestly believed that the contractor was entitled to the money called for by the warrant was adequately taken care of by-the trial judge in the interest of the defendant, where he charged in various ways that if the jury should find that the defendant made such mistake and thus believed, he could not be convicted.
4. Indictment—When Indictment for Grand Larceny in Common-law Form Proper. A county officer, who lias been a party to feloniously procuring the payment of county moneys by a purported warrant, resting upon no lawful authority or foundation and inherently illegal and invalid, upon which the county treasurer, in good faith but without authority, parted with money of the county, cannot be deemed to have procured such payment under circumstances that would sustain a claim that legal title to the money had been secured by false representations, thereby necessitating the framing of an indictment for larceny so as to charge the commission of the crime by that means, hut mere possession of such money was obtained, which was not any more valid or effective than it would have been had the money been procured by the purely physical process of removing it from the money drawer or safe, and, hence, an indictment in the common-law form, charging that the defendant “ feloniously did steal, take and carry away contrary to the form of the statute,” etc., conforms to the facts and is valid.
5. Evidence — When Evidence of Acts Tending to Prove the Commission of Another Crime Competent. Evidence that prior to the commission of the crime, and while the question of the acquisition of certain land for public purposes leading up to the letting of the contract in question, was pending undetermined before a committee of the hoard of supervisors, the defendant had paid money to certain members of the committee under circumstances which might warrant the inference of an intention on the part of the defendant to bribe such. members so as to procure favorable action on the project, and testimony of the contractor as to his raising and paying money to certain supervisors after they, in connection with and in the presence of the appellant, had notified him (hat it would be necessary to use money to secure favorable action by the hoard of supervisors on his proposed contract, is competent, as parts of a series of acts performed in connection with a single project, to show that the defendant was early possessed of a corrupt purpose which finally led up to and was consummated in his alleged crime, especially where one of the crucial questions finally submitted to the jury was as to his good faith in auditing the alleged wrongful payment.
People v. Neff, 122 App. Div. 185,-affirmed.
(Argued January 31, 1908;
decided February 25, 1908.)
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 1G, 1907, which affirmed a judgment rendered upon a verdict convicting the defendant of the crime of grand larceny in the first degree because of his acts, as county auditor of Erie county, in certifying and causing payment October 1, 1901, of a warrant for the sum of $7,500 to the order of one Conover, a contractor, when nothing was due to him.
The transaction in question sprang out of proceedings by the county to acquire lands occupied by an old cemetery in the city of Buffalo for an armory site.
In 1900 an act was passed by the legislature (L. 1900, ch. 277) authorizing the board of supervisors of the county of Erie to acquire what was known as the North Street Cemetery as a site for an armory. Such act, in addition to many other provisions not material here, provided for the appointment of a commission to determine what damages, if any, the owners of lots in such cemetery would be entitled to by reason of the taking of said lands and the probable cost of removing to another cemetery and re-interring bodies and re-setting slabs, monuments, etc, “the damages for taking lands shall in every case be considered and reported apart from that of removal and re-interment of remains and the removal and re-setting of monuments, slabs and stones ; ” that within sixty days after the confirmation of the report of the commissioners, the board of supervisors should pay to the persons to whom it had been awarded the compensation awarded to them respectively, such compensation being paid into court where the person entitled thereto refused to receive it or was unknown or incapacitated ; that within thirty days after payment and upon prescribed notice the owners of lots should remove remains of persons, monuments; etc, and in case of their failure so to do the board of supervisors should cause such removal and re-interment of bodies and removal and re-setting of monuments, etc, the expenses thereof to “ be paid as far as possible from the sums awarded to the owners of lots from which the removal is made.” Said act also authorized the board of supervisors to purchase lands in one or more cemeteries in which might be interred the remains taken from the old cemetery.
Appellant’s crime is charged to have been committed in connection with purported payments made on the contract with the county for these removals.
In April, 1900, the board of supervisors resolved to take such cemetery lands and directed that proceedings be instituted for that purpose, which was done, and commissioners were appointed as and for the purpose in said act prescribed. The report of these commissioners was thereafter made and confirmed fixing the amount of the aggregate awards to be allowed for the purposes aforesaid at the sum of $210,000, and the board of supervisors accepted such result and authorized the issuing of bonds to that amount for the purpose of paying said sums.
Thereafter payment of damages in accordance with the award was made to various lot owners and notice given requiring the removal of bodies, etc., all as required, and finally in March, 1901, the board proceeded to provide for the removal and re-interment of such bodies and re-setting of such monuments, etc., as still remained in the cemetery. It passed a resolution providing for the removal of such unclaimed bodies and of monuments and slabs over their graves to what was known as Lakeside Cemetery, in a neighboring town, “ Provided said Lakeside Cemetery shall execute to the County of Erie a conveyance of sufficient lands in its cemetery for the removal thereto and re-interment therein of the said bodies and the removal thereto and re-setting therein of the said slabs, stones and monuments; and provided further, that E. J. Conover, Comptroller of the said Lakeside Cemetery Association, shall execute to and with the County of Erie an agreement to convey said lands, and to remove and re-inter said bodies, and to remove and re-set said slabs, stones and monuments at his own expense and in such manner as to preserve the identity of said body as far as possible, and in all cases where the remains of any body are distinguishable to re-inter the same in a separate grave ; the County to pay the said E. J. Conover, Comptroller of the Lakeside Cemetery Association, in consideration thereof, the amount of the awards allowed by the Commission heretofore appointed, as the damages for taking the lands and removing the said bodies from the so-called North Street Cemetery, for the bodies so removed and re-interred, and for the slabs, stones, and monuments so removed and re-set.”
In accordance with this resolution, March 26, 1901, a contract was made by the county with Conover. This contract recited the passage of the resolution last referred to and contained an agreement on the part of Conover, who was comptroller thereof, that the Lakeside Cemetery Association would execute a conveyance of sufficient lands in its cemetery for the re-interment of bodies, and that he would remove thereto bodies, monuments, etc., remaining in the old cemetery, in consideration whereof the board of supervisors agreed in behalf of the county to pay him “the amount of the awards allowed by the appraisal commission in its report heretofore confirmed by the Supreme Court of Erie county as to the damages for taking the lands and removing the' said bodies from the North Street cemetery, for the bodies so reinoved and re-interred, and for the slabs, stones and monuments so removed and re-set.”
Thereafter Conover entered upon the performance of his contract, and between June 5,1901, and August 6,1901, both inclusive, there had been paid by the county on warrants drawn to his order the sum of $81,604, as claimed by the ' People, and not seriously disputed by the appellant. On October 1st another warrant for $7,500 was drawn to his order, countersigned by appellant as auditor, and paid, and it is in connection with this particular warrant and payment that defendant is charged with the. crime of larceny.
It is conceded that at the time when it was drawn and presented and paid, Conover had already drawn many thousand dollars more than he was entitled to, unless under his contract he was entitled to collect in addition to the amounts specifically awarded by the appraisers for removing and re-interring bodies and re-setting tombstones, etc., an amount equal to the compensation awarded to owners of lots from which removals were made, for their lots or, as they are designated in this case, land damages.
June 18, 1901, the board of supervisors adopted the following resolution,"which is regarded by the People as of much importance, because of the opportunity which it gave to appellant to control and facilitate payments on the Conover contract: “ Resolved, That the Clerk of this Board be and he is hereby authorized to draw all warrants in payment of claims for the removals of bodies, monuments and headstones from the North Street Cemetery to the Lakeside Cemetery or any other cemetery, when the same have been passed upon by the Auditor and'the Auditor be and he is hereby requested to report to this Board a statement of the number of bodies taken from the North Street Cemetery.”
At all the times to which reference has been made the appellant was county auditor, and as such it was his general duty to investigate and report on the correctness of all claims presented against the county and to countersign all warrants on the county treasurer for the payment of any claims ordered to be paid, and as such official he did so countersign the warrants in favor of Conover, including the one especially under consideration.
There was much evidence of his unlawful activity in connection with the proceedings looking to the adoption and acquisition of this site," and tending to prove his entire familiarity with, and promotion of, what was done, and tending to establish that in connection with various supervisors he was receiving part of the moneys collected by Conover from the county as aforesaid, and that he well knew how much Conover was entitled to.
William B. Hoyt for appellant.
The court erred in charging the jury that under his contract Conover was not entitled to any awards made by the appraisal commissioners for land damages, or to the equivalent of any such land damages. (Matter of Beekman Street, 4 Bradf. 503; Went v. Methodist Church, 80 Hun, 266; 150 N. Y. 577; Buffalo City Cemetery v. City of Buffalo, 46 N. Y. 503.) The court erred in permitting evidence to be given over an objection and exception, which tended to prove that the defendant had been guilty of other crimes and which had no legitimate bearing upon the. matter in issue. (People v. Sharp, 107 N. Y. 427; Coleman v. People, 55 N. Y. 81; People v. Corbin, 56 N. Y. 363; People v. Wolf, 183 N. Y. 464; People v. Mull, 167 N. Y. 247; People v. Fielding, 158 N. Y. 542; People v. Molineux, 168 N. Y. 264; People v. Loomis, 178 N. Y. 400; Greene v. White, 37 N. Y. 405; V. R. R. Co. v. O'Brien, 119 U. S. 103; Coleman v. People, 58 N. Y. 555.) The court erred in overruling the objections to the testimony of the witness John Stock in reference to his transactions with Fred Greiner, and in denying the defendant’s motion to strike out such testimony. (People v. Wolf, 183 N. Y. 464; People v. Mull, 167 N. Y. 247; People v. Fielding, 158 N. Y. 542; People v. Crapo, 76 N. Y. 291.) The court erred in admitting the testimony of the witness Fisher. (People v. Sharp, 107 N. Y. 427.) The indictment charges the crime of common-law grand larceny. This charge was not supported by the evidence or set forth in the People’s opening. The motions made by the defendant at the close of the People’s opening, at the close of the People’s testimony, and also at the close of the case, should have been granted. (Code Or. Pro. § 254; People v. Dumar, 106 N. Y. 509; People v. Miller, 64 App. Div. 450; People v. Weyman, 4 Hun, 511; People v. Dunn, 53 Hun, 381; Zink v. People, 77 N. Y. 121; People v. McDonald, 43 N. Y. 61; Smith v. People, 53 N. Y. 111; People v. Genet, 19 Hun, 91; S. Nat. Bank v. Curtiss, 2 App. Div. 508; Sieling v. Clark, 18 Misc. Rep. 464.) The term of court was not fixed and the court was not convened pursuant to any constitutional authority. The objection made to the trial of the case and the motion for arrest of judgment upon this ground should have been granted. (Butler v. Saginaw Co., 26 Mich. 27; People ex rel. Bolton v. Albertson, 55 N. Y. 50; Rathbone v. Wirth, 150 N. Y. 459; Norton v. Shelby Co., 118 U. S. 442; People v. Young, 18 App. Div. 162; Brumley v. State, 20 Ark. 77; Sherwood v. Phelps, 53 Ark. 37; Ex parte de Hay, 3 S. C. 264; Wilson v. State, 37 Tex. Cr. 373; People v. Moneghan, 1 Park. Cr. Rep. 570; People v. Bradwell, 2 Cow. 445.)
Frank A. Abbott, District Attorney, for respondent.
The indictment charging the defendant with the crime of larceny in the common-law form is good, and there is no variance between the proof and the crime as charged. (People v. Miller, 169 N. Y. 352; People v. Dunn, 53 Hun, 381; People v. Jackson, 3 Park. Cr. Rep. 599; Saltan v. Gerdau, 119 N. Y. 392; Commonwealth v. Wilde, 5 Gray, 83; Commonwealth v. Collins, 12 Allen, 181; Oåkley v. State, 40 Ala. 373; Madden v. State, 1 Tex. App. 204; Reg. v. Steer, 3 Cox Cr. Cas. 187; Reg. v. Robins, 29 Eng. L. & Eq. 544; Rex v. Longstreeth, 1 Moody C. C. 137; Rex v. Small, 8 C. & P. 46.) The court in which the defendant was tried was regularly and lawfully constituted ; the legislative enactment authorizing the governor to convene an extraordinary term is not violative of the Constitution. (Worthington v. L. G. & A. Co., 164 N. Y. 81; Bank of Chenango v. Brown, 26 N. Y. 467; People v. Draper, 15 N. Y. 543; Rathbone v. Wirth, 150 N. Y. 470; People v. N. Y. C. R. R. Co., 24 N. Y. 497; Newell v. People, 7 N. Y. 9; People ex rel. Williams v. Dayton, 55 N. Y. 367; People ex rel. Simpson v. Wells, 181 N. Y. 257; U. S. v. Fisher, 2 Cranch, 358.) The court correctly charged the jury that under his contract with the county, Conover was not entitled to any awards made by the appraisal commissioners for land damages, or to the equivalent of any such land damages. (Strauss v. U. C. Ins. Co., 170 N. Y. 356; Trustees v. Smith, 98 App. Div. 213; O'Brien v. Mayor, 139 N. Y. 543; Woolsey v. Funke, 121 N. Y. 87; Ins. Co. v. Dutcher, 95 U. S. 273; Fox v. Coggeshall, 95 App. Div. 410; Anderson v. English, 105 App. Div. 403; Nichols v. Sands, 131 N. Y. 24; Hazelton v. Webster, 20 App. Div. 186; 161 N. Y. 628; Dodge v. Zimmer, 110 N. Y. 43; Sattler v. Hallock, 160 N. Y. 301.) The admission of the Stock and Eislier testimony was proper. (People v. Molineux, 168 N. Y. 305;
People v. Mather, 4 Wend. 260; People v. O'Neil, 48 Hun, 43; 109 N. Y. 251; People v. Sharp, 107 N. Y. 461.)
Hiscock, J.
On evidence fully establishing the principal facts above stated, and many others of a minor, but, considered together, of a very illuminating character, the appellant has been convicted of the crime of grand larceny. The crime of which he was thus convicted consisted in corruptly countersigning as county auditor of Erie county, and thus certifying to the correctness of, a purported county warrant for $7,500, payable, to one Conover on his contract with the county, and whereby payment of that amount was procured from the county treasurer, when, as a matter of fact, Conover had already been overpaid many thousands of .dollars as appellant well knew.
With the general merits of this conviction we have no disposition whatever to disagree. The evidence establishes beyond any reasonable doubt whatever that while the ap'pel lant was holding the office of county auditor and as such was bound to protect the county from unjust and illegal claims, he was the active and wicked promoter of a scheme and conspiracy to despoil its treasury by false and swollen claims. The only question is whether any such errors arose in the proceedings leading to his conviction that we should reverse the latter. It is argued with earnestness and ability by counsel in his behalf that such errors were committed, and although disagreeing with this contention, we shall discuss at some length some of these alleged errors, having given due attention to all of the others.
. First. An extraordinary term of the Supreme Court was convened by the governor for the special purpose of conducting appellants’ trial, and it is claimed that the governor did not have this power, but that the Appellate Division was exclusively vested therewith. We have had occasion recently in the case of People v. Gillette (191 N. Y. 107) to consider this same question, and by our decision there given it is definitely and finally settled adversely to the contention of the appellant.
Second. As has been pointed out in our statement of facts, the statute under which proceedings were instituted for the acquisition of the cemetery lands provided that the awards made by the commissioners to lot owners in the cemetery for taking their lands should be made and kept entirely separate and apart from the awards made for damages or expenses in removing bodies, tombstones, etc., and it was expressly provided that in case lot owners could not be found or were incompetent or unwilling to accept said awards for lands, the same should be paid into court. The sum fixed and which Conover received for disinterring, removing and re-interring each body was fifteen dollars, and there was an additional allowance varying in different cases for removing and re-setting tombstones, etc. At the time the warrant of October 1, 1901 for $7,500, and in connection with which appellant has been convicted of larceny, was drawn and the proceeds paid on account of the contractor’s order, the latter had collected over $80,000 and concededly this exceeded the amount to which he was entitled under his contract by many thousands of dollars unless he was also entitled to receive the awards or a sum equivalent to the awards allowed to lot owners for the lands from which he removed bodies. T}ie court charged as> a matter of law that he was not entitled to receive such sum and it is claimed that this construction of the contract was erroneous. We think, on the contrary, that it was the correct one.
As introductory to the interpretation of the language of the contract to which reference shortly will be made and as bearing upon the disposition with which we should approach such interpretation, it is urged on our attention that while the principal purpose of the contract with Conover was the removal and re-interment of bodies and re-setting of tombstones, and while the statute expressly and separately authorized the board of supervisors to acquire land in which to re-intcr bodies, the contract with Conover still did require him in effect to furnish land in the new cemetery for re-interring the bodies, and that, therefore, it was entirely equitable that he should receive for furnishing this land for such bodies as he re-interred, a sum equal to the damages awarded for the lots in the old cemetery from which they were removed. This sum would amount to about $28,000, and while the evidence was not very definite on that subject, we believe that this amount awarded for land in the city of Buffalo would have been an exorbitant sum to pay for a comparatively small area occupied for the re-interment of bodies in the rural cemetery to which they were removed. As already stated, Conover received fifteen dollars per body and other allowances for doing what he did, and there is nothing to indicate that this was not a liberal compensation. We believe that the construction contended for by the appellant would be much more unjust to the county than the one urged by the People can possibly be to the contractor, and that we should not be led by this consideration unduly to strain the language of the contract in behalf of the contractor for the purpose of exonerating this appellant.
The resolution providing for the execution of the contract with Conover by itself is probably, broad enough to sustain appellant’s construction. After reciting the services to be performed, it reads: The county to pay to the said B. J. Conover, Comptroller of the Lakeside Cemetery Association, in consideration thereof (the acts to be performed by him) the amount of the awards allowed by the Commission heretofore appointed as the damages for taking the lands and removing the said bodies from the so-called North Street Cemetery, for the bodies so removed and re-interred, and for the slabs, stones and monuments so removed and re:set.” The contract itself, however, reads differently. After providing for the things to be done by the contractor, it says: “ the party of the second part (the county) in consideration thereof, (Conover’s agreement) agrees to pay to the party of the first part (Conover) the amount of the awards allowed by the Appraisal Commission in its report heretofore confirmed by the Supreme Court of Erie County as to the damages for taking the lands and removing the said bodies from the North Street Cemetery, for the bodies so removed and re-interred, and for the slabs, stones and monuments so removed and re-set.”
We think that the words “ as to the damages for taking the lands and removing the said bodies from the North Street Cemetery,” are merely descriptive of the commissioner’s report referred to and for purposes of interpretation may be eliminated, leaving the agreement to read: The party of the second part * . * * agrees to pay to the party of the first part the amount of the awards allowed by the appraisal commission in its report heretofore confirmed by the Supreme Court of Erie County, for the bodies so removed and re-interred, and for the slabs, stones and monuments so removed and re-set.” This language would clearly mean that the contractor was to receive simply the amount of the awards allowed for the removal and re-interment of bodies, and for slabs, etc., removed and re-'set, and that he was not to receive the awards or any equivalent of the awards for lands taken.
Many things were done in connection with this project and in connection with the contract by Conover and the appellant which confirm this construction.
In the first place, the sum provided through the bond issue by the board of supervisors for carrying out the enterprise, including the work done under the Conover contract, was not sufficient to cover any such theory as is now -advanced by appellant, and Avhile the board of supervisors did provide other funds afterwards, their general proceedings do not seem to us to have been in line with the present contention of appellant.
While Conover claimed on the trial that he always thought that he should be awarded a sum equivalent to these “land damages,” as they were called, and Avas so advised by some of the county officials, as a matter of fact he never presented any claim therefor until long after payment of the Avarrant in question. On the other hand, upon at least three occasions, he presented a claim for the “ removal ” or removal and re-interment” of bodies, including no claim for the lot damages, and the defendant Neff upon at least three occasions, in making certificates and requisitions for moneys to be paid on Conover’s contract, changed the printed- form so that it was entitled “ removal awards ” instead of “ land awards,” as it had been originally printed, and made the requisitions for an amount of fifteen dollars per body removed, which excluded any sum for lot damages now claimed. So that we are not without quite cogent evidence of a practical construction by this appellant and Conover of the contract which is in accordance with the one now adopted by us.
Still it may be urged with considerable force that an honest person, especially a layman, might in good faith make a mistake and construe this contract as meaning that which is now claimed for it. This possibility, however, was adequately taken care of by the trial judge in the interest of the appellant. lie charged in various ways to the effect that if the latter made an honest mistake or an honest misinterpretation of the contract and did honestly believe that under it Conover was entitled to the land awards and the payment which is challenged was intended to apply in part upon land awards to which he believed Conover .entitled, he could not be convicted. The appellant, therefore, received his full rights in that connection.
Third. It is urged that there was a fatal variance between the indictment and the evidence. The appellant was indicted for larceny in the common-law form in that he feloniously did steal, take and carry away contrary to the form of the statute,” etc., seventy-five hundred dollars. It is insisted that on the evidence if he was guilty of any crime it was that of procuring payment of money on a warrant which falsely represented in effect that Conover was entitled to payment when he was not, and that, therefore, he was guilty of larceny by means of false pretenses as now recognized by section 528 of the Penal Code, and that the indictment should have been framed accordingly.
It may be admitted at once that under an indictment for common-law larceny a person might not be convicted of larceny in obtaining title to property by means of false representations. We are inclined to think, however, that this question is not presented in this case.
The statute relative to the acquisition of the cemetery from which we have already quoted provides "that “ The proceeds of the sale of said bonds (referring to those to be issued for the purpose of raising money with which to acquire the site) shall be retained by said county treasurer and shall by him be paid upon the order of the board of supervisors for the compensation awarded for said land, the cost of the proceedings, the cost of land purchased and taken in any cemetery in Erie county, the cost of removal and re-interment of bodies, and the removal and re-setting of monuments, slabs and stones.” (L. 1900, ch. 277, section 6.) This provision is entirely in accord with the general provisions of section 12 of the County Law (L. 1892, ch. 686) to the effect, “ The board of supervisors shall * * * (2) Annually audit all accounts and charges against the county, due or to become due, during the ensuing year, and direct the raising of sums necessary to defray them in full.”
Section 141 of the County Law provides that “The county treasurer shall(1) Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, and apply them, and render an account thereof, as required by law.”
Section 143 provides for the deposit of these moneys, and section 146 provides: “ The county treasurer shall draw the moneys so deposited only for the payment of claims ordered to be paid by the board of supervisors, or other lawful authority, * * * ; and if he shall draw or appropriate any money for any other purpose, it shall be deemed a malfeasance in office, and cause for removal therefrom.”
Section 5 of chapter 173 of the Laws of 1895, relative to the auditor of Erie county, provides: “ All warrants upon the county treasurer for the payment of any claim examined by the county auditor and ordered paid by the board of supervisors, shall be drawn by the clerk of such board and countersigned by the chairman thereof and by the county auditor.”
There is no pretense that in accordance with the requirements of the statute the board of supervisors ever ordered the payment of the sum which was paid by the county treasurer on the warrant of October 1, 1901. Instead of doing this, as we have already seen, in the preceding June, possibly as the result of unseen and forbidden influences, the board had attempted to abdicate its proper office of passing upon and ordering the payment of claims and had essayed in advance . and generally to delegate these duties to the appellant as county auditor by passing the resolution which has already been quoted at length. It is perfectly well settled that the duties imposed upon the board of passing upon and auditing claims and ordering their payment could not be thus delegated. In addition no claim was ever presented as required by sections 3 and 5, chapter 173 of the Laws of 1895, and of course no certificate by the auditor was ever made out which even in form authorized the issue of the purported warrant. And, as still further indicating the guilty knowledge and activity of this defendant there was evidence from which the jury were fully authorized to find that the warrant was taken out of order from the back part of the book of warrant blanks; that its stub was marked by defendant with the misleading word sample ” to divert suspicion and that a large portion of the proceeds of the warrant were received by defendant and his co-conspirators.
So it results that the appellant has been a party to procuring the payment of this money, felonious in other respects, by a purported warrant which rested on no lawful authority or foundation and which was inherently illegal and invalid. And the county treasurer being a mere custodian authorized to pay claims when properly passed on and audited and having no discretion to do otherwise, very likely acting without bad faith but nevertheless without any authority, has parted with the money of the county upon a purported warrant which in fact viras utterly invalid. We think it is very plain that under such circumstances legal title to the money was not secured by false representations, but that on a void warrant mere possession was obtained which was not any more valid or effective than it would-have been had the appellant obtained it by the purely physical process of reaching his hand into the money drawer or safe, and that the form of indictment properly fitted the facts which were developed. (People v. Miller, 169 N. Y. 352; Zink v. People, 77 N. Y. 114.)
These views render inapplicable and immaterial certain requests by the appellant to charge with reference to the surrender of title by the county treasurer.
Fourth. We shall notice briefly the objections urged on behalf of the appellant to some of the evidence which was admitted against him.
A witness by the name of Stock was allowed to state in substance that during the years 1900 and 1901 he was chairman of the military committee of the board of supervisors of Erie county, and which committee was influential in deciding the question of the acquisition of the cemetery site; that on one occasion, at the request of Neff, he went to a person who Avas the attorney for the Lakeside Cemetery Association, to which the bodies were subsequently removed, and received from him $5,000 in bills; that thereafter he met in a room Avith Neff and a couple of other supervisors, and gave the money thus received to the former, who immediately gave $500 to the witness and to each of the other supervisors, and in connection with the balance “ spoke about taking care of the boys, (the witness) presuming he meant the Board of Supervisors.” In like manner a witness named Fisher was allowed to testify that during the same years he was a member of the same military committee, and that on one occasion the i defendant gave him an envelope containing one hundred dollars.
The date of these transactions is left somewhat uncertain by the evidence as between the two years 1900 and 1901, but apparently they occurred in April, 1900, while the matter of the cemetery site Avas still pending undetermined before the military committee of the board of supervisors.
We think this evidence was competent. There is no pretense that the appellant had any legitimate reason for the payment of these sums of money to these supervisors, and it is a pretty manifest inference from the evidence that their payment had relation to the matter of the cemetery and the favo rabie action thereon of these supervisors. The evidence in connection with other testimony tended to show appellant’s interest in and connection with the cemetery project in its various stages and it permitted the inference that he was seeking to influence supervisors in their action upon certain proceedings which were a necessary basis for the final transactions with Conover in respect to which the present crime is charged. If the acts testified to were entirely independent of and disconnected from the criminal acts charged against the appellant his objections to the evidence would be well founded. But that does not seem to us to be the case. They were part of a series of acts performed in connection with a single project which, so far as appellant is concerned, commenced with the advocacy of this cemetery site and ended with the larceny of moneys purporting to be paid out on account of it. We think the evidence was competent to show that early he was possessed of a corrupt purpose which finally led up to and was consummated in his alleged crime, and especially that this is so in view of the crucial question finally submitted to the jury of his good faith in auditing on the Conover contract the payments which he did. The testimony seems to us to be well within the rule cited and approved in People v. Molineux (168 N. Y. 264, 305).
We think that these same considerations in their general application justified the admission of the evidence by Conover of raising and paying money to the supervisors Gibson and Jackson after they, in connection with and in the presence of the appellant, had notified him that it would be necessary to use money to secure the favorable action of the board of supervisors on his proposed contract.
We think that there are no other allegations of error in the very full brief of the appellant’s counsel which require discussion, and we conclude that the judgment of conviction should be affirmed.
Cullen, Ch. J, Gray, Haight, Vann, Willard Bartlett and Chase, JJ, concur.
Judgment of conviction affirmed. | CASELAW |
Neuroscience
1997 Recipient
Winners of the 2005 Michael E. DeBakey, M.D., Excellence in Research Awards. From left: P. Read Montague, Ph.D., Helen Heslop, M.D., Josef Prchal, M.D., Michael E. DeBakey, M.D., Adam Kuspa, Ph.D., Cliona Rooney, Ph.D., Gad Shaulsky, Ph.D.
Neural substrates of prediction, reward, and decision-making
Dr. Montague received the award for his work on the biological substrates that mediate automatic decision-making by man and animal. His theoretical framework provided one of the first quantitative descriptions that connects the physiology and anatomy of the underlying neural substrate all the way up to predictable influences on behavior. Additionally, it has given insight into the physical representation of reward in the primate brain.
Dr. Montague’s nomination was based on the following publications:
Montague PR. Integrating information at single synaptic connections. Proc Natl Acad Sci U S A. 1995 Mar 28;92(7):2424-5.
Montague PR, Dayan P, Person C, Sejnowski TJ. Bee foraging in uncertain environments using predictive hebbian learning. Nature. 1995 Oct 26;377(6551):725-8.
Montague PR, Dayan P, Sejnowski TJ. A framework for mesencephalic dopamine systems based on predictive Hebbian learning. J Neurosci. 1996 Mar 1;16(5):1936-47.
Montague PR. The resource consumption principle: attention and memory in volumes of neural tissue. Proc Natl Acad Sci U S A. 1996 Apr 16;93(8):3619-23.
Schultz W, Dayan P, Montague PR. A neural substrate of prediction and reward. Science. 1997 Mar 14;275(5306):1593-9.
2005 Recipient
Neural Responses to Trust and Model-building in a Simple Social Exchange
Dr. Montague received the award for his work using functional brain imaging, high speed imaging systems communications, computational analysis, and human experimental protocols to address important problems of the biological basis of human social cognition.
Dr. Montague’s nomination was based on the following publications:
Montague PR, Hyman SE, Cohen JD. Computational roles for dopamine in behavioural control.
Nature. 2004 Oct 14;431(7010):760-7.
McClure SM, Li J, Tomlin D, Cypert KS, Montague LM, Montague PR . Neural correlates of behavioral preference for culturally familiar drinks. Neuron. 2004 Oct 14;44(2):379-87.
King-Casas B, Tomlin D, Anen C, Camerer CF, Quartz SR, Montague PR. Getting to know you: reputation and trust in a two-person economic exchange. Science. 2005 Apr 1;308(5718):78-83. | ESSENTIALAI-STEM |
George Durant (1731–1780)
George Durant (20 November 1731 – 4 August 1780) was a British landowner and politician.
Life
Durant was born the second son of the Reverend Josiah Durant, rector of Hagley, Worcestershire and educated at St Edmund Hall, Oxford.
As a young man he had an affair with Elizabeth Lyttleton, the second wife of George Lyttelton, the Chancellor of the Exchequer. To escape the consequent scandal he became a senior clerk in the Army Pay Office and was sent with the Army as paymaster on an expedition to Havana, which was a lucrative posting. On his return as a wealthy man he purchased the village of Tong in Shropshire from the Duke of Kingston in 1764, knocked down the ancient Tong Castle, and built in its place a new house in a unique style based on plans drawn up by Capability Brown.
Between 1768 and 1774 he was Member of Parliament for Evesham. He stood for election again in 1774 but was badly defeated. Two weeks before the next general election in which he reportedly hoped to stand again for Evesham, he died in 1780 aged 48 and was buried in St Bartholomew's Church, Tong.
He had married Maria, the daughter of Mark Beaufoy, with whom he had a son, also named George, and a daughter.
Tong Castle passed to his son, who proved to be a somewhat lascivious Lord of the Manor. | WIKI |
Fixing Fall Guys Connection Errors on Windows
Fall Guys
Online games like Fall Guys suffer greatly from connection errors. They not only ruin the gaming mood, but they also prevent you from continuing your ranked hot streak. Fortunately, fixing connection errors in Fall Guys is very easy.
In this article, we’ll look at all of the possible culprits for a connection error in Fall Guys, as well as ways to fix them. So, let’s get this party started.
What Causes a Connection Error in Fall Guys for Windows?
It’s very easy to log in and play Fall Guys on your computer. However, if you are unable to log in and see a connection error, the following could be the cause:
1. Your internet connection is unstable or weak.
2. You’re connected to a VPN or a proxy server.
3. The Windows Firewall is preventing Fall Guys from accessing the internet.
Let’s get started on the fixes is fall guys cross platform now that we’ve identified all of the potential issue culprits.
1. Check Your Connection
Before making any changes to your network settings, ensure that a weak internet connection is not the issue. You can check this by going to a website that tests internet speed.
If the results show that your connection is unstable and weak, you’ll need to troubleshoot your connection. Check out our guide on network diagnostic tricks to get your connection fixed.
2. Close Network Hogging Applications from Background
Most connection errors in online games are caused by network-hogging applications running in the background. These applications consume the majority of the available bandwidth, leaving the main application (in this case, Fall Guys) with few options.
In this case, the best thing to do is to locate and close all such background applications. You can accomplish this with the assistance of the Task Manager.
To begin, launch Task Manager and look for applications using the most bandwidth.
Examining the Network section will help you find them. Keep in mind that the application uses more bandwidth the higher the network value.
Then, right-click on all such applications and select End task. After that, restart Fall Guys and check if the problem persists.
3. Temporarily Disable the Windows Firewall
The Windows Firewall can interfere with Fall Guys’ operation and cause connection errors.
In this case, the solution is to temporarily disable the Windows Firewall.
Here’s how you can go about doing it:
1. Type Windows Defender Firewall into the Windows Search field by pressing the Win + S hotkey, then press Enter.
2. In the left sidebar, select Windows Defender Firewall on or off.
Fall Guys
3. Select Turn off Windows Defender Firewall (not recommended) for both private and public network settings.
Check again to see if the problem persists. If not, turn on Windows Defender Firewall and add Fall Guys to the Windows Firewall exception list. Here’s how it works:
1. Type Allow an app through Windows Firewall and then press Enter in the Windows Search field.
2. Select the Allow another app option after clicking the Change settings button.
3. In the window that crops up, click Browse.
4.Navigate to the installation folder for Fall Guys. If you kept the same target location during installation, it would be C:Program FilesEpic GamesFallGuys.
5. Click the Add button after choosing FallGuys client.exe.
That’s all! Fall Guys has been added to the Windows Firewall exception list.
4. Disable Any Active Proxy Servers
A connection issue may arise if you connect to a proxy server. So, disable any proxies you’re using and check to see if the problem goes away.
Here’s how to go about it:
1. Open Windows Search, type Command Prompt, and then select Run as leader in the right pane.
2. Type netsh winhttp reset proxy into the console, then hit Enter.
Fall Guys
5. Connect to a Different DNS Server
Sometimes the DNS you’re using isn’t the fastest. In this case, switching to a public DNS service such as Google DNS is the best thing to do. Switching to a public DNS will ensure that you get better connectivity and performance from your internet connection.
To switch to Google DNS, follow the steps below:
1. You can open the Control Panel in a variety of ways.
2. Access the Network and Internet > Network and Sharing Center menu.
3. In the window that crops up, click on the name of your connection and select Properties.
4. Click Properties after choosing either Internet Protocol Version 4 (TCP/ IPv4) or Internet Protocol Version 6 (TCP/ IPv6).
Fall Guys
5. Select the option Use the following DNS server addresses.
6. Type 8.8.4.4 in the Alternate DNS server and 8.8.8.8 in the Preferred DNS server if you are using IPv4.
7. Type 2001:4860:4860::8844 in the Alternate DNS server and 2001:4860:4860::8888 in the Preferred DNS server if you are using IPv6.
Fall Guys
8. To continue, click OK.
6. Edit the Fall Guys Engine.ini File
The next thing you can try to fix the connection error in Fall Guys is to edit the Engine.ini file.
Here’s how to go about it:
1. Type %localappdata% and then click OK to extend the Run dialog box by pushing the Win + R hotkeys.
2. Go to EpicGamesLauncher > Saved > Configuration > Windows.
3. Click the Engine with the right mouse button. Select Notepad from the context menu when opening an ini file.
4. Type the following lines in the Notepad window that appears, then press Ctrl + S to save them.
[HTTP]
HttpTimeout=10
HttpConnectionTimeout=10
HttpReceiveTimeout=10
HttpSendTimeout=10
[Portal.BuildPatch]
ChunkDownloads=3
ChunkRetries=20
RetryTime=0.5
Launch Fall Guys and check to see if the problem persists.
7. Reset Winsock Settings
Winsock is a program that enables programs to connect to the internet using Transmission Control Protocol/Internet Protocol (TCP/IP). If there’s a thing wrong with this program, apps like Fall Guys will struggle to connect to the internet.
To fix this, you must reset the Winsock data. You can accomplish this by taking the following steps:
1. As we discussed in Method 4, open Command Prompt with administrative privileges.
2. Enter the command netsh winsock reset.
Restart your computer and check to see if the problem has been fixed.
Your Fall Guys Connection Errors, Fixed
Fall Guys, like most multiplayer games, requires an internet connection to function. However, it is useless if it cannot connect to the internet. Fortunately, it is a very common issue that can be readily fixed using the solutions listed above.
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No. 38.
John H. Lumpkin, administrator of Thomas Mills, deceased, plaintiff in error, vs. Ambrose Mills, defendant.
A Surety who has paid the debt of his Principal, is, in a Court of Chancery, upon the Equity which springs out of the relation of Principal and Surety, and the fact of payment, subrogated to all the rights of the creditor; and in the distribution of the assets of the Principal, is entitled to occupy the place and to be substituted for, the creditor, upon the original evidence of the debt.
In Equity, in Floyd Superior Court, before Judge Wright. October Term, 1847.
The facts of the case are embodied in the opinion of the Court.
Shackelford & Hooper, for plaintiff in error,
contended :
I. A surety paying off the debt of the principal, for which he is bound, has no right that can be enforced in Equity, to have the debt assigned to him; but has only the right to have independent collateral securities, so assigned. 1 Story’s Eg. Jur. 513, 14.— Gopis vs. Middleton, 1 Turner Ituss, 224, 229. Jones vs. David, 3 Gond. Eng. Gh. 665. Theobald, Prin’l and Surety, 173, 4.
II. The assignment of a debt which has been paid, would be a mere nullity in Equity as well as at Law. Story Eg. 515, n 1.
III. A surety paying off a bond debt, will be treated in mar-shalling assets, as a mere simple contract creditor. 1 Story’s Eg. 516, 7, n. 2 and 3. Civil Law otherwise. Ib. 520, 1.
IV. In cases of Bankruptcy, the practice in England is governed by express Statute. 6 Geo. IV. ch. 16. Theob. 174.
V. The remedy of the surety is by action for money paid, &?c-Tousant vs. Martinant, 2, T. 104. Theo. P. and S. 169, 70.— Com. on Gont. 398, 9. 1 Story’s Eg. 517, 18, note.
VI. The doctrine or rule of substitution should be equally applicable to all cases that may arise. In reference to the Statute of Limitations it would work injustice. Com. on Con. 70, 73.— Theob. P. 8f S. 169, 70.
VII. The state of Judicial decisions in England at the date of our “ adopting Statute,” does not affect this question, if those decisions were not founded on Law.
Wm. H. Underwood & Trippe, for defendant.
Judge Lumpkin, being a relative to tbe plaintiff in error, did not preside in this cause.
By the Court.
Nisbet, J.
delivering the opinion.
This was a Bill filed by the plaintiff in error, as Administrator, to marshal the assets of his intestate. The defendant in his answer, set forth, that as surety for the plaintiff’s intestate upon a note of hand under seal, he had paid the debt of his principal, and therefore claimed in equity, to be subrogated to the rights of the creditor, and to come in, in the marshalling of the assets, as a bond creditor. The plaintiff in error claims that ho is only an open account creditor. The question, therefore, and the only question made upon this record, is this : Can a surety, in Equity, upon the settlement of an insolvent estate, who has paid, a debt of his principal due upon an instrument under seal, be subrogated to the rights, and substituted to the position of the creditor, so as to come in as a creditor under that instrument, or is he entitled only as a creditor by open account 1
It is conceded in the outset, that the authorities upon this subject do not run a uniform course. The early English cases are with the defendant, and recognise the right of subrogation. Cases of the very highest authority in Great Britain, decided since our revolution, settle the rule differently, and deny his right to be paid, otherwise, than as a creditor by open account. The American authorities are also in conflict, but we think their preponderance is in favor of the early British rule. The Civil Law also sustains that rule, and so do the authorities in those countries where the Civil Law is recognised. We think, upon principle, the rule of the British Courts, anterior to our revolution, right-If it was not, it is obligatory upon us as law. The Civil Law is the parent of that rule — as it is, in truth, of many, very many of the principles of Equity, which obtain in the English Chancery Courts. That code is not of binding authority upon us, but I recognise in it, in reference to many titles of the law, and among them that of principal and surety, the very best system extant. Its broader, and more reasonable, and less fettered equity, is gradually being transferred into tlie American Jurisprudence, And'where authorities are in conflict, and principles doubtful, a Court does well to allow the Roman Law to quiet the conflict and dispel the doubt We have rr® difficulty, either 'Upon authority or principle, in settling, as the rule of this Court, that a surety, who has paid the debt of his principal, is, in a Court of Equity, entitled, in all respects, to occupy, in the distribution of his estate, .the place of the creditor.
It is a well settled doctrine of the Common Law, that a surety upon payment of the debt of his principal, is entitled to an assignment of all the independent securities in the hands of the credItor, with all the remedies which he had to enforce them against the principal. The Roman Law goes farther. By that law, not •only is lie entitled to these securities, but he is also entitled to be substituted as to the very debt itself, to the creditor, by way of cession or assignment. The debt in favor of the surety is treated, not as a paid, extinguished debt, but as sold to him — all its original obligatory force, -continuing against the principal. The surety .is viewed in the light-of a purchaser. The statement and reasoning of the Civil Law is as follows: “ Fidejussoribus succurri ¡solét, ut stipulator compéllatur ei, qui, solidum solvere paratus est, mendere cceierorum ,nomina. Gum is, qui et reum et fidejussores Jiabens, ab uno ex,fidejussoribus accepta pecunia prcestot actiones » poterii quidem did, nullas jam esse ; cum'suum perceperit, et pre-»ceptione omnes liberati sunt. Sed non iba est; non enim in solutum ■accepit, sed quodammodo nomen debitoris ven&didÁt. Et ideo ■habeit actiones, quia tenebw <a£ id ipsum, ut prmstt actiones.” Of the reasoning npon which the Civil Law goes. Mr. Story says 5 it may seem a little artificial, but it has a deep foundation in natural justice.” Bothier on Oblig, by Evans, n. 275, 280,281. 428, 429, 430, 51.9, 520, 521, 522, Dig. Lib. 46, tit, 1, 1, 17, 1„ 36. Pothier Band. Lib. 46, tit. 1, w.4-6, LDomat. B. 3 tit. 1, Sect. 3. Art. 6, 7.
This rule, I stated, is adopted in countries which recognise the Civil Law. Nap. Gode, Art. 1251,1252. Bell’s Diet. Art. Ben-•eficiumcedendarum actionum. 'Civil Code of Louisiana, Art. 2157, 2158. Voet, ad Panel. Lib. 46, tit. 1 Sect. 27, 29, 30. Huber Predect. Inst. Lib. 3, tit. 21, n. 8. Ersh. Inst. B. 3, tit. 3, Art. 68. 1 Kaime’s Eq. 122, 124, The Courts of Great Britain, in some £>f the earlier,cases, enlarged the rule that I stated was settled-^ io-wit: that a surety is entitled to the independent collateral se- ,- curities, witli all the creditor’s remedies to enforce them against ! the principal; and held that the surety should be also entitled to an assignment of the very debt itself; thus going the full length i of the Civil Law, and subrogating him fully to the rights of the' 'creditor. The rule thus enlarged, we recognise as the Common Law rule, at the time we adopted it. In ex parte Crisp, Lord Hardwick said, that where a surety paid off a debt, he was entitled to have from the creditor, an assignment of the security, to enable him to obtain satisfaction for what he had paid beyond his proportion. 1 Atkins, 13S. In Morgan vs. Seymour, the Court decreed that the creditor should assign over his bond to the two sureties, to enable them to help themselves against the principal debtor. 1 Ch. R. 64. The principle was applied in a very strong case in Vernon. The principal had given bail in an action, and judgment was recovered against the bail. Afterwards, the surety to the original debt was called upon and paidit, audit washeld that he was entitled to an assignment of the judgment against the bail. So that, although the bail was but a surety, as between him and the principal debtor, yet coming in the room of the principal, as to the creditor, it was held that he likewise came in the room of the principal debtor, as to the surety. This case establishes that the surety has precisely the same rights that the creditor had, and shall stand in his place — a case of entire subrogation. Parsons vs. Briddock, 2 Vernon, 608. These three cases are anterior to’ the era of the revolution, and demonstrate how the law stood at that time; and considering that we are not at liberty to depart from the Common Law, as it then stood, andthatupto that time the-rule was not seriously questioned, we might stop the review heret It may, however, be more satisfactory to press the discussion through the course of this question, down to the present moment, and to look into the reasonableness of the modern English rule.. Other cases since that era, recognize the doctrine as helcT in tho three cases referred to. It received an express recognition by tho Chancellor, in Wright vs. Morely, 11 Vesey, 12,21,22; in which case, the case of Parsons vs. Briddock, in Vernon, is commented on and sustained. See also Lowbiggin vs. Bourne, 1 Younge, 111.. S.C.2 Younge fy Coll. 464. Butcher vs. Churchill, 14 Vesey, 567, 575, 576. Ex parte Rushworth, 10 Vesey, 409, 414. Robinson vs. Wilson, 2 Madd. 464. Craythorn vs. Swynborne, 14 Ve-sey-,, 160, 162. pLotham vs. Stone, 1 Turner 8$ Russ. 226, note.
It is nevertheless true, as Mr. Story states, that the rule is now different in England. Without following the authorities minutely through, it may he stated that the late rule, which denies the right of the surety to a cession of the debt itself, and to a perfect substitution for the creditor, rests chiefly upon two comparatively recent cases, determined by two of the ablest Chancellors of England. I allude to the case of Copis vs. Middleton, 1 Turner & Russ. 224, determined by Lord Eldon, and Hodgson vs. Shaw, 3 Mylne Keene. 183, determined by Lord Brougham. These are names of preeminent authority, and their weight settles all controversy about the matter at this moment in England. It is not a little remarkable, that names of authority equally conclusive, on this side of the water, are arrayed against these potent chiefs of the English Chancery, to-wit: Marshall and Kent. Neither Lord Eldon nor Lord Brougham questions the rule, that a surety is entitled to an assignment of the collateral securities. The former said, it is a general rule in Equity, that the surety is entitled to the benefit of all the securities which the creditor has against the principal. But then the nature of those securities must be considered. When there is a bond merely, if an action was brought upon the bond, it would appear upon oyer of the bond, that the debt was extinguished. The general rule must be qualified, therefore, by considering it to apply to such securities as continue to exist and do not get back upon payment to the person of the principal debtor.” Lord Brougham says : “ Thus the surety paying is entitled to every remedy which the creditor has. But can the creditor be said to have any specialty, or any remedy on any specialty, after the bond is gone by payment ? The surety may enforce any security which the creditor has, but by the supposition, there is no security to enforce, for the payment has extinguished it.” The whole of this reasoning is founded upon the technical idea, that payment by the surety, is an extinguishment of the debt; and being so extinguished, if the evidence of it were assigned to the surety, it will avail him nothing. Tt rr>a-y- be! true, that in a suit on the bond in the case at this bar, by the surety, he might be met and defeated by a plea of payment. Be it so. We are not in a Court of Law. And really, it would seem that the reasoning of these -great Chancellors would rather fall appropriately from the lips of Lord Kenyon or Mansfield in a Court of Law, than from theirs in a Court of Equity. For it will be seen, that the rights of the surety in this matter, depend upon no such subtle technicality, but upon an equity, which springs out of i. the fact of payment, and out of his relation to the principal debtor. 1 It may be well questioned, whether upon principles of common; sense and common equity, the payment by a surety out of his own funds, of the debt of another;. in the consideration of which he-was not at all interested, ought to be considered, as to the surety* an extinguishment. Upon a question as to the right of subrogation, a Chancellor ought not so to hold it. These cases go upon the fact, that the debt is in law extinguished. The Civil Law* addressing itself to the equity of the transaction, will not admit 0 that it is extinguished, but bought by the surety. A purchaser of a negotiable security for value, would, upon the instrument, acquire the rights of the original creditor. How can he occupy a position in a Court of Equity, more favorable than a surety! The equities are stronger in favor of the surety. "Whilst upon this phase of' the argument, it may he well to say, that it is quite immaterial whether there is in point of fact an assignment of the debt or not; for if upon equitable principles the surety is entitled to it, Chancery will consider that as done, which ought to have been done. 12 Wheat. 596. And if necessary, would decree an assignment to be made. Equity will not permit the creditor to prejudice the rights of the surety, by a refusal to make an assignment. Upon what principle is it that the surety is entitled to the collateral securities in the hands of the creditor ? It is not by virtue of a contract between him and the principal. \Thc only contract between them, is the implied contract which ¡results from the relation of principal and surety. And that is, ¡that if the surety is compelled to pay the debt, the principal will reimburse Mm. It is upon this implied contract that the surety is entitled to his action for money paid to the use of his principal. This contract does not give him the right to the collateral securities. How then do Lords Eldon and Brougham arrive at the right of the surety to the collateral securities 1 It is by invoking tbe equity which flows necessarily out of the payment and relationship of the parties. Hear what Lord Brougham says: “ The rule, here is undoubted, and it is founded upon the plainest principles of natural reason and justice, that a surety paying- off a debt, shall stand in the place of the creditor, and have all the rights which he has, for the purpose of obtaining reimbursement. It is hardly possible to put this right of substitution too high, and the right results more from, equity, than contract or quasi contract, unless, in so far as the known equity may be supposed to be imputed into a transaction, and so to raise a contract by implication.” N ow, what I have to say in reference to this reason, is this — it applies with equal force in favor the surety’s right to a transfer of the debt itself, as in favor of his right to a transfer of the collateral securities. He is entitled to the latter, not by contract, but according to principles of natural reason and justice. By these principles, he is made to stand, in the place of the creditor. And so standing, the right to the collateral securities follows. Here is the doctrine oí substitution recognised, and the powers of a Court of Chancery are invoked to give it effeqt. The doctrine once admitted, and it seems to me impossible to escape from the conclusion, that whatever are the rights of the creditor, anterior to the payment, and subsisting at the time, they devolve upon the surety. The principles of natural reason and justice pass them to him. And one of these rights, in the case before us, is to he let in, in the distribution of the estate of the debtor, as a specialty ■ creditor, if the debt had not been paid by the surety. He paying it, is subrogated ¿o that right. He is clearly as much subrogated to that right as he can be to the right of enforcing a mortgage or any other collateral security. I can not, I do not recognize the conclusiveness of the reason, that the bond is paid, and therefore, as to that, the substitution cannot take place. The substitution" ofthejsurety is not for the creditor as he stands related to the'-, principal after the payment, but as he stood related to him beforeJ the payment. He is subrogated to such rights as the creditor I then had against the principal. One of which unquestionably was, to enforce his bond against the principal, and if he was insolvent, to be let in as a bond creditor. What difference is there between permitting a surety to reimburse himself out of a mortgage lien held by the creditor, and permitting him to take out of the estate generally of the principal, the amount he has paid 1 If he realizes upon the mortgage, he abstracts the amount which he has paid from the estate of the principal — if he realizes on the bond, the mortgaged property goes back into the common fund, and the result to him and to other creditors is the same. The very fact, that the surety could not enforce the bond at law, is a reason in Equity, why he should be allowed to come into the distribution as a bond creditor. So determined, as I shall show, in N ew Y orle. Witli profound reverence for these profound Jurists, I may be permitted to say, that the reasoning upon which their Judgment is founded, is not, to say the least of it, conclusive.
Inconsistent too with their reasoning, is the rule as to the rights of sureties, which has been adopted in the English Courts of Bankruptcy. If the creditor, in case of the bankruptcy of the principal debtor, has proved his debt before the commissioners, and then the surety pays the debt, the latter will be entitled to the dividends declared on his estate, and the creditor will be held his trustee for that purpose. Ex parte Rushworth, 10 Vesey, 409. Wright vs. Morely, 11 Vesey, 12, 22. Watkins vs. Flannagan, 3 Russel, 421. Exparte Houston, 2 G. & Jamieson, 36. Ex parte Gee, 1 G. & Jamieson, 330. So also, the surety may compel the creditor to go in and prove his debt before the Commissioners, and then, if he pays the whole debt, the creditor will in like manner become a trustee of the dividends for him. 10 Vesey, 409, 414. Wright vs. Simpson, 6 Vesey, 73 4. In these cases the surety is subrogated to the rights of the creditor, upon the specific debt which is due him by the Bankrupt.
The fact of proving his debt before the commissioners, can create no stronger equity in favor of the surety, than that which results to him, in case of the insolvency of the estate df the debtor, after his decease. In marshalling the assets of a decedent, a Court of Chancery would allow a bond, creditor his dividend, according tqjhe dignity of his debt, only upon the debt being proven. Upon the principles of the rule inj^ankruptcy, if a decree ^marshalling assets should allow a creditor his dividend, it would ¡be considered that his debt had been proven; and if the surety ^hould then step forward and pay it, he would be entitled to all 'the creditor’s rights under that decree. In equity, without such decree, it would seem that his rights ought" to'be the same. The equity which substitutes him at all, ought to substitute him always upon the payment of the debt.
. The authority of Mr. Story is claimed in support of the doctrine, as taught in Copis vs. Middleton and Hodgson vs. Shaw. The claim is questionable — it is even doubtful whether the oq>in-ion, from all that appears, of that learned Jurist be not against that ■doctrine. As a faithful commentator, it was his duty to state the rule, as it was settled at the time he wrote. He does state it to be settled according to the decisions of Lords Eldon and Brough am. It is very strange, however, that in his review of this question, Judge Story has failed to refer to numerous leading American cases. For example, I do not find, that he notices at all the Virginia decisions — that of Ch. J. Marshall in Brockenborough among them. Nor has he quoted even, the solemn Judgment of the Supreme Court of the United States, against what he states to> be the settled rule. It is passing strange, that in commenting on a doctrine, differently decided in England and in our own Courts, such authority as Marshall on the Circuit, and the Supreme' Court, should either escape him, or be considered unworthy of comment. To return, however, to his opinion upon this subject. It is very apparent that he does not fully give in to the rule as settled. In speaking of the contrary doctrine, he speaks doubtingly of its being an erroneous opinion. The error of the contrary opinion, says he, if indeed upon the principles of enlarged equity any there be, seems to have arisen,” See. Clearly expressing a doubt in his own mind, whether the contrary opinion be erroneous. . 1 Story’s Com. on Eq. Sec. 499. In commenting on the rule of the Civil law, as opposed to the cases of Copis vs. Middleton and Hodgson vs. Shaw, he remarks, “It is not wonderful that Courts of Equity, with this enlarged doctrine in their view, which is in entire conformity to the intention of the parties, as well as to the demands of justice, should have struggled to adopt it into the Equity Jurisprudence of England. The opposing doctrine, (that of Copis vs. Middleton, and Hodgson vs. Shaw,) is founded more on technical rules than on any solid reasoning, founded on general equity.” Again, he says, whether it might not have been as wise for Courts of Equity to have followed out the Roman Law to its full extent, instead of adopting a modified rule, which stops, or may stop short of some of the purposes of reciprocal justice, it is now too late to enquire, and therefore the discussion would-be useless.” 1 Story’s Com. on Eq. Sect.- 499, c. note 3. Now this is not the language of approval — it is rather that of regretful disapproval. The weight, I have stated, of the American cases, is with the old Common law Rule, very respectable authorities being against it, In Tennessee, a surety whohaspaid the judg-^ ment against his principal, is súbsti£ijl®d4n-equity, to all the rights of the judgment creditor; norneed the creditor be made a party where a bill is filed by the surety to enforce it. McNairy vs. Eastman, 10 Yerger, 310,
In Perkins and others vs. Kershaw and others, Judge O’Neal, although no judgment was rendered to the extent that a surety is substituted for the creditor as to the identical debt paid, yet uses language so general and sweeping, as to imply that position. He says, “ the surety who pays the debt of his principal, has a fight to be remitted to all the rights and securities of the creditor. He is insgmiy, substituted for the creditor.” 1 Hill, Ch. R. 351. In Burrows vs. Mc Whann, the Court goes the- length of adjudging that a judgment in favor of the creditor against the principal debt- or, although actually discharged on the record, when the debt is paid by the surety, shall be revived for the purpose of giving effect to his right of subrogation. No case could be stronger than Sthis. The debtis.in judgment, and alien is thereby created in Mavor of the creditor against' the estate of the principal, yet the surety who pays that judgment, even after an entry of satisfaction, is substituted for the creditor on that judgment, and the lien enures to his benefit. 1 Bess. Rep. 409. To the same extent is the case of Sprigg vs. Braman, 6 Louis. Rep. 59. In that State, however, as is well known, the Civil Law, to a great extent, prevails. The rule of the Civil Law a,s to substitution, is embodied in the Civil Code of Louisiana. Civil Code of Louis, art. 2157, 2158.
V, In the New York Chancery, it may be assumed as an incontrovertible fact, that the rule of the Civil' Law prevails. There a surety who has paid the debt is considered as a purchaser of the security upon which it is founded. Chancellor Kent, in Cheeseborough vs. Millard, says, “if a creditor to a bond exacts his whole demand of one of the sureties, that surety in entitled to be substituted in his place, and to a cession of his rights and securities, as if he was a purchaser, either against the principal debt- or or the co-sureties.” 1 Johns. Ch. R. 413. Now this dictum asserts motxs than that the surety is entitled to a cession of the collateral securities and to the rights of the creditor thereon — it declares the principle of the Civil Law, that he is to be considered as a purchaser from the cr editor of the debit," It therefore denies the position of Lord Eldon, that the payment by the surety i» an extinguishment of the debt, and of course all the conclusions drawn from that position. To show that Ch. Kent is to be understood as going that far, I advert to the fact that he, in this case, f quotes and comments on,, approvingly, both the Roman Law,- and the^oldJSnglish cases of Ex parte Crisp in Atkins, and of Morgan vs. Seymour, in 2 Ch. Rep. 64. See also 2 John. Ch. Rep. 560, and 4 Johns. Ch. Rep. 129.
In 183G, Chancellor Walworth speálcs yet more explicitly, if possible, as follows : “ The equitahle-.principles of the Civil Law as to suretyship have long since been established as the Law of this Court upon that subject. One of the fundamental principles of that law, is, t]iat_co-sureties or joint cautioners, are bound to contribute equally as between themselves, to the discharge of the common burden. And another is, if one surety pays the whole debt for which they were jointly bound, he is entitled to the cession of the rights and remedies of the creditor, not only as against the principal debtor, but also as against his co-sureties. Or more properly, according to the modern doctrine upon this subject, the surety, by the mere payment of the debt, and without any actual assignment from the creditor, is in Equity, subrogated to all the rights and remedies of the creditor, for the recovery of his debt against the principal debtor, or his property, or against the co-sureties and their property, to the extent of what they are equitably bound to contribute.” Cuyler vs. Ensworth, 6 Paige, 32, 33. See also Ibid, 525. I quote this extract because of its declaration that the equitable principles of the Civil Law had long been established as the law of the Chancery Court of New York. Now the principle of the Civil Law, is absolute and unrestricted substitution. In the Ontario Ba,nk vs. Walker and others, the creditor had obtained a judgmentjointly against the principal debtor and three sureties. One of the sureties paid it, and moved the Court for an order giving him the control of the judgment. Held that he could not get the control at law, because it was extinguished, but, if he was in fact surety, upon a proper case made, equity would, in that particular, subrogate him to the rights of the creditor, because it .could not be done at,law. 1 Sill, N. Y. R. 652, 653. See also the dictum of Marcy, J. in the New York State Bank vs. Fletcher, 5 Wend. 85, 89.
In Virginia it is settled that the surety of a bond debtor, who has paid the debt, in the settlement of the éstate of his principal, is subrogated to the rights of the- creditor, and is. let in to a dividend as a specialty creditor, and not as a creditor by open account. In Epps et al, Executors of Wayles vs. Randolph, the surety ofabond debtor paid off the debtjbuttoakno-assignmentofthebond, and filed his bill to charge the real estate of his principal, upon the ground that he succeeded to all the rights of the creditor by the mere fact of payment. The right was resisted upon the ground that he had taken no assignment of the bond. The Court decided that he was entitled, and decreed accordingly. 3 Call, 125. See also 3 Call, 329.
The leading case in Virginia is Lederdale vs. Lobinsón, determined by Ch. J. Marshall on the Circuit, and taken up to the Supreme Court. The case was this. Robinson fy Smith, were joint indorsers for one Roots on a bill of exchange drawn by him. Robinson Sf Smith had to take up the bill, and Smith paid more than his moiety. His administrators filed a bill to compel Robinson to reimburse him, in the excess of his payment over and above his moiety. Robinson being largely in debt, and his assets being likely to prove insufficient to pay the whole, the right of priority became a question among the creditors.
Under a Statute of Virginia, protested bills, after the death of the drawer or indorser, are made of equal dignity with judgments. Under this Statute, and also upon equitable principles, the Executors of Smith claimed to be, by substitution for the creditor, let in to a dividend, as a judgment creditor of Robinson, to the extent of his payment above one moiety of the debt. It was contended that he was entitled only as a creditor by open account. It will be perceived that the Statute of Virginia did not affect this question. That only gave the bill the dignity of a judgment. It does not affect the question of substitution. Judge Marshall held, in an opinion which surveys the whole field of this argument, and which is characterized by his transcendant ability, that the surety was subrogated to the rights of the creditor on the bill of exchange, and that he was entitled to share in the distribution of Robinson’s assets, as a judgment creditor. He placed his opinion upon the broad ground of equity, springing out of the relationship of the parties to the bill of exchange, and the fact of payment by the surety, irrespective of any assignment, or of any idea about the extinguishment of the debt. There, I think, the question, ought to be placed. The province, to my mind, of a Court of Chancery is, in cases of manifest equity, to give relief, although it may be at the expense of reasoning which is purely technical. “ The clq%i of the surety,” says Ch. J. Marshall, “ is clothed in equity, with the legal garb with which the original contract is, invested.”' 2 Brock. 253, 163. Upon a division of the District Bench, this case went up to the Supreme Court. That Court_.unanimously sustained the decision of Gh. J. Marshall, and their judgment is supported in an able argument by Mr,. Justice Johnson. It is a rule of the Supreme Court, if the law of a State is well settled, to determine questions originating altogether in that State, according to that law.4 A uniform course of decisions in Virginia, might have been considered by the Supreme Court as settling a local rule upon this subject. Doubtless, they did consider the law as established there. But, lest it might be believed that the decision was founded upon the local law alone, the Court says : “ That this, then, is the settled law of the State, in -which this contract and this cause originated, cannot be doubted. But we feel no inclination to place our decision upon that restricted ground, since we are well satisfied with its correctness on a general principle, and,on_ authorities of great respectability in other States.” 12 Wheat. 594, 598.
We are the better satisfied with our judgment in this case, for the reason that the substitution does injustice to no one. The creditor of course has nothing to do with it — he is gatisfied, and if the representatives of the principal, if he be dead, or if the principal debtor himself, being in life, can be presumed, to be un-affectedby the paramountequity of his sureties’ claim, he and they must be presumed to be indifferent, whether-it-is allowed to him, or is reserved for creditors of a lower grade. Let the amount of the claim go either way, no injustice can be done to him. In any event, it goes in payment of his debts. If any body is entitled to complain, it is the creditor, who holding a lower grade of claim, is excluded by the substitution of the surety. .But, really, no injustice is done to him. The surety, by paying the debt to the creditor, abstracts from the assets of the principal debtor, just that amount which the creditor himself would have abstracted, if he had not paid it. The surety could compel the creditor indeed to go upon that fund before resorting to him. Story’s Com. Vol. 1, 592. 1 Vern. 1, 89. 6 Vesey, 734. 2 John. Ch. R. 561, 562. So the creditor, by claim of lower grade, is in no worse condition than he would be if the security had not paid the debt.
Our judgment, too, derives support from the obvious policy of all our own legislation, relative to the substitution of sureties. That policy is to place the surety in the place of the creditor. Witness the several Acts of the Legislature giving to sureties the control of executions against their principals, when paid by them. Counsel for the plaintiff in error have sought to draw from these Acts, the contrary inference. The right of substitution being given by express Act of the Legislature, the inference, say they, is, that in the judgment of the Legislature, it did not before exist. But we think the legislation of Georgia upon this subject, is in affirmance of the right as it existed upon general equitable principles before, and is only intended to cumulate and simplify the remedy by which it is enforced.
Let the judgment of the Court below be affirmed. | CASELAW |
test_java_isolation_rootfs.py (1654:fc7d0578e124) test_java_isolation_rootfs.py (1706:a1da56837554)
1import os
2import subprocess
3
4import pytest
5
6from conftest import option
7from unit.applications.lang.java import TestApplicationJava
8
--- 17 unchanged lines hidden (view full) ---
26 option.current_dir + "/build",
27 option.temp_dir + "/jars",
28 ],
29 stderr=subprocess.STDOUT,
30 )
31
32 process.communicate()
33
1import os
2import subprocess
3
4import pytest
5
6from conftest import option
7from unit.applications.lang.java import TestApplicationJava
8
--- 17 unchanged lines hidden (view full) ---
26 option.current_dir + "/build",
27 option.temp_dir + "/jars",
28 ],
29 stderr=subprocess.STDOUT,
30 )
31
32 process.communicate()
33
34 except KeyboardInterrupt:
35 raise
36
34 except:
37 except:
35 pytest.fail('Cann\'t run mount process.')
38 pytest.fail('Can\'t run mount process.')
36
37 def teardown_method(self, is_su):
38 if not is_su:
39 return
40
41 try:
42 process = subprocess.Popen(
43 ["umount", "--lazy", option.temp_dir + "/jars"],
44 stderr=subprocess.STDOUT,
45 )
46
47 process.communicate()
48
39
40 def teardown_method(self, is_su):
41 if not is_su:
42 return
43
44 try:
45 process = subprocess.Popen(
46 ["umount", "--lazy", option.temp_dir + "/jars"],
47 stderr=subprocess.STDOUT,
48 )
49
50 process.communicate()
51
52 except KeyboardInterrupt:
53 raise
54
49 except:
55 except:
50 pytest.fail('Cann\'t run mount process.')
56 pytest.fail('Can\'t run mount process.')
51
52 def test_java_isolation_rootfs_chroot_war(self, is_su, temp_dir):
53 if not is_su:
54 pytest.skip('require root')
55
56 isolation = {
57 'rootfs': temp_dir,
58 }
--- 15 unchanged lines hidden ---
57
58 def test_java_isolation_rootfs_chroot_war(self, is_su, temp_dir):
59 if not is_su:
60 pytest.skip('require root')
61
62 isolation = {
63 'rootfs': temp_dir,
64 }
--- 15 unchanged lines hidden --- | ESSENTIALAI-STEM |
Here Are Some Tips and Tricks for Avoiding Shark Attacks
Sandbar shark, swimming, underwater view, Jupiter, Florida
••• Ken Kiefer/Getty Images
Sharks! Just mention that word and it may conjure up images of a scene from the movie Jaws. Recent reports of shark attacks along Florida's East Coast perhaps make us even more likely to have an adverse reaction. That is all perfectly natural, but experts are saying not to panic.
By the Numbers
First of all, let's look at the number of shark attacks and fatalities in Florida over the last year. According to the Florida Museum of Natural History's 2015 Worldwide Shark Attack Summary, unprovoked shark attacks were at an all-time high during 2015 with 98 attacks worldwide.
As has been the norm for decades, Florida had the most unprovoked attacks worldwide with 30 shark attacks during 2015. That's seven more than in 2014, but less than the record high of 37 in the year 2000.
In another comparison, there were six lightning fatalities within the state and no shark fatalities. Even bees, wasps, and snakes kill more people each year than sharks.
Shark Habits and History
Sharks have been around for about 400 million years. Perhaps it is the combination of their super senses that has helped them survive such a long time. Their keenest sense is smell, and it is thought two-thirds of their brain is dedicated to that sense. Other senses include vision, hearing, taste, vibration, and electro-perception. Electro-perception means that they can sense electronics — so be careful bringing cameras into the ocean or it may attract sharks.
In fact, when it comes to the shark's dinner, they normally eat alone but sometimes are attracted to prey when others are feeding.
It is then that they'll wildly chomp and bite (even each other) creating what is known as a feeding frenzy.
A shark's sense of sight and vibration have a good bit to do with shark attacks. A sudden splash in the water — as when a diver jumps into deep water — will attract the attention of a shark in the vicinity.
A shark will often nearly bite the flipper of a snorkeler that was quietly gliding along without splashing. It is believed the reflection of the snorkeler's flipper is perceived as food. The same is true of beach-goers swimming and splashing in the water. It may be a case of mistaken identity, with the skin being mistaken for a bait fish. Ironically, most sharks are afraid of the bubbles made by divers and seldom will cross above a diver for that reason. However, the Tiger and Great White are not — most likely because their large size makes them fearless.
Reduce Your Risk of Shark Attacks
Risks should always be minimized whenever possible in any activity. George H. Burgess of the International Shark Attack File, Florida Museum of Natural History at the University of Florida, suggests tips to reduce your risk of a shark attack.
• Always stay in groups since sharks are more likely to attack a solitary individual.
• Do not wander too far from shore.
• Avoid being in the water during darkness or twilight hours when sharks are most active.
• Do not enter the water if bleeding or if you have an open wound.
• Do not wear shiny jewelry.
• Avoid uneven tanning and bright colored clothing. Sharks see contrast particularly well.
• Use extra caution when waters are murky.
• Do not splash excessively.
• Stay away from the area between sandbars or near steep drop-offs, which are favorite shark hangouts.
• Do not allow pets in the water because of their erratic movements and splashing.
And, finally...
• Do not enter the water if sharks are known to be present and get out of the water if sharks are seen.
The Bottom Line
Always use caution when swimming, snorkeling, or diving. All sharks are dangerous and unpredictable, but the Bull and Tiger sharks are particularly aggressive. If confronted by a shark, a hard tap on the snout might stop them from biting. Unfortunately, most people who are attacked do not see the shark before it bites, but remember that the chances of coming into contact with a shark or being bitten are still relatively slim — some say as little as 1 in 11.5 million.
In fact, you are more likely to drown first (those numbers are only 1 in 3.5 million). | ESSENTIALAI-STEM |
LED Ground Effects Kit for Your Car
120,261
206
102
Posted
Introduction: LED Ground Effects Kit for Your Car
Like the cool underglow kits on riced out cars but don't want to break the bank? This will show you how to make your own using LED strings.
Indications:
-This instructable requires some knowledge of electronics and auto body assembly.
-This might involve taking apart large sections of your car's console, if this could void a warranty, do so at your own risk.
-In some states and municipalities, it is illegal to have non-signal lights on while your vehicle in motion. Check with your local authorities before using on the street.
Time: 3-6 Hours
Cost: $20-50 (depending mainly on how many lights you get)
Difficulty: Decently easy
Step 1: Gather Materials
Materials:
-One or several waterproof, 12V LED strings - $10 ea.
-Lots of wire. Two-strand polarized wire is great (red-black or white-black)
-SPST switch - Free-$3 (I got a lit-when-on one)
-555 timer - $0.10-$1.50 if you went to Shady-o Rack
-10000-15000 uF worth of 10v capacitors (you can string them in parallel to add the capacitance)
-47uF capacitor
-100uF capacitor
-.01uF capacitor
-1.1kOhm resistor
-15kOhm resistor - the bigger the resistor the slower the pulse - alternatively you can use a potentiometer
-Project box of some sort
-Scrap thin medium-density fiberboard (MDF) or sheet metal
-Epoxy
-Electrical tape
Tools
-Soldering iron and solder
-Wire strippers
-Needlenose pliers
-Hot glue gun
-Power drill
-Various size drill bits
-Various screwdrivers
And of course a car. It's a good idea to know your way around the inside of your car a bit before beginning.
Step 2: Take Apart Your Console
Easier said than done. You have to basically remove enough panels to get at the wiring of the car's cigarette lighter or auxiliary power. Next, find a suitable spot for putting in the switch. I like using one of the blank buttons near the headlight controls. It's a good idea to drill the hole for the switch while everything is all apart.
Then, since you're probably already under the steering column, look for an unused plug in the firewall, right by the fuse box on most models. This is for running extra wiring (like we're doing) and, once you pop out the plug, should lead to somewhere near the left front wheel well. Save the plug, you'll need that later.
Step 3: Add an Auxiliary Extension
Find your 12V power line. This is usually the red or white wire that goes into the housing for the cigarette lighter socket. Then, find the ground, a black wire most likely attached to the outside metal of the socket. Cut or expose the insulation from both and splice in the red (to 12V) and black (to ground) wires from the double strand. Cut the wire so that it's long enough to reach the switch and then some just in case. It's easier to cut wire than to extend metal and plastic using telekinetic ability :-).
Step 4: Install the Switch
Take either your positive wire or your ground, and wire it to one of the switch terminals. I used the positive just out of force of habit. Then, add about 6" of double-stranded wire to this (red to the switch and black to the other black wire). This will later connect to the controller circuit.
Step 5: Affix LED Strands to the Bottom of Your Car
The layout is pretty much up to you, you can have a strand for front, back, left, or right, sides only, front and back only, all sides, whatever.
Make yourself some 2" squares of MDF, two per strand, and epoxy one to each end of each strand. Let that cure.
In the meantime, you can pick out suitable spots to place the strings under your car. Anything that is directly part of the chassis is great. Be careful not to put it too close to the engine or exhaust line! If you want a more temporary attachment, you can bolt the MDF to it or hot glue it for semi-permanent. A liberal amount of hot glue seems to bond the MDF to the metal really well; I've driven 100 miles with my setup and it hasn't fallen off yet. I wouldn't recommend using epoxy or J-B weld in case you have to take it off for whatever reason.
Step 6: Wire the LED Strands
Remember that hole in the firewall from step 2? We're going to use that now. If your car doesn't have a vacant one already, either piggyback one that already has wires going through it or drill your own hole.
Since every car is different, you're going to have to come up with your own way to snake some double-strand wire from the cabin to the bottom of your car. Generally though, there should be an opening straight to the bottom near the front left wheel well (for countries that drive on the right, it'd be the right wheel if you're across the pond :-P). Tie a loop of string around the end of the wire, then feed about a foot of the wire through the hole. You should be able to see it when you look under the hood.
Take a coat hanger, or perhaps using your hand, grab the end of the wire from underneath your car and pull it through. Duct tape it to the bottom of your car to keep it from going anywhere (you can take off the loop now).
Run wire from each of the LED strands and wire them all in parallel (red to red, black to black) and solder the whole mess together. I'd recommend using liberal amounts of electrical tape as well. Once again, stay away from hot components.
Make sure to leave 1-2 feet of wire inside the cabin.
Step 7: Circuit Time!
If you're at all savvy with circuit boards this should be cake. This circuit creates the pulse effect, if you want just a continuous light, you can skip this.
The idea is the 555 timer generates a square wave which charges up the capacitors in the on phase. In the off phase, the capacitors light the LEDs, depleting over time and creating the fade out effect. Theoretically, during the on phase, the current used to charge the capacitors should detract from the LEDs, creating a fade in effect, but often the current is so large that this is nearly instantaneous. Alternatively, you can put in a switch that bypasses the pulse circuit (so that the ground from the LEDs goes straight to the mains ground) so you can go from pulse to steady on.
I more or less used capacitors and resistors that were lying around. You can customize the frequency using the 555 timer calculator. Alternatively, you could sub in a potentiometer for RB to get a variable rate.
The 12000 uF capacitor is just a bunch of large 12V capacitors wired together. You may need more or less depending on the number and rating of the LED strings to get the right effect.
Test out the circuit on a breadboard connected to the car's electronics before putting it onto a PCB. And then test it when you've soldered it before boxing it up.
Step 8: Installing the Project Box
I didn't feel like buying a project box from Shady-o Rack, and since this thing is gonna be tucked up under my dashboard, I frankly don't care. So I made one out of MDF and hot glue :-P.
I put two screws on either ends for the power, ground, power for lights, and ground for lights, so I could just screw on the wires. Make sure to leave enough on the inside to account for the twisting (and start with the screws nearly fully tightened when you solder).
Find a nice comfy spot somewhere up under the console to put it. Screw down each of the wires to their respective contact, and tape the box securely so it won't rattle around.
Step 9: End.
Wait till night falls and enjoy your handiwork.
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102 Comments
could you just splice it into your running lights?
is it possible to install the lights without buying extra wires? I have the lights & toggle switch.
Can you hook up a switch so you can turn the underglow on or off? Turn it on only on ocasion and so that you can avoid trouble with cops in the states where it's illegal?
Yeah, mine had a switch in the dashboard.
hey ! i was thinking of connecting a TIP31 transistor to these chains of leds and than sync it with music... do u think it'll work out ? is the power (audio) signal 4rm a cell or mp3 enough to light up so many leds or should i b using a audio amplifier circuit ?
I have for sale:1 LOT 0F 6 TIREFLYS
Make your car or motorcycle glow, can be mounted virtually anywhere, easy to install, 12v power required, connects to an accessory switch, cables included
Light Disc's low profile design is perfect for highlighting your cars interior - put it under your seats, dash, inside your speakers or anywhere else you choose.
Approximately 1" Diameter, 3/8" High
Light Disc easily connects to your vehicles 12 volt battery. Package includes: 1 Light Disc, wire, fuse casing and installation instructions.
Weather resistant for interior and exterior use
All 4 major colors...red,green,blue and multi.... Rick_kim25@yahoo.com
One thing you could do to make the LED's last long is to take a piece of clear vinyl tubbing (large enought to slide the LED strip in) and once you have it pulled inside then seal the ends with you choice of sealant. This will not only keep the LED array from getting damaged from rocks, salt (if you live in northern states) and other things that would break or ruin it, but you would also make it much easier to clean off the road grime your going to get from every day driving, imagine trying to wipe between all the LED's and such (would be a real pain). The tubing would slo make it eaiser to mount under the car (IE hose clamps, epoxy, zipties, ect).
Great idea! That's perfect and a cheap solution to a potentially big problem.
The vinyl tubing can be bought from most hardware stores in sizes from 1/4" to 2". As far as zip ties make sure that the black ones are used, they are UV resistant and last much longer and don't get brittle like the clear or white ones do.
As far as sealant make sure it doesn't react badly to vinyl, some discolor it. | ESSENTIALAI-STEM |
Wikipedia:Articles for deletion/Piano wire in popular culture
The result was delete. Note that this AfD can also be used as a speedy deletion reason for Violin bows in popular culture should that article ever be created. :-) —Doug Bell talk 07:44, 25 February 2007 (UTC)
Piano wire in popular culture
* – (View AfD) (View log)
Delete - trivial to the point of worthlessness. Otto4711 19:48, 18 February 2007 (UTC)
* Delete. There's nothing to merge with Piano wire, and besides, what's next? "Violin bows in popular culture"? "24-gauge wire in popular culture"? "Stationary ergodic processes in popular culture"? We can't have everything. --N Shar 20:06, 18 February 2007 (UTC)
* Delete, per N Shar and nom. Also because it does not mention the Fawlty Towers episode in which Basil Fawlty says "Trespassers will be strung up with piano wire". Sam Blacketer 20:31, 18 February 2007 (UTC)
* Delete per all above. Mentioned above is what kind of "...in popular culture" we'll get next. I have to say, with all the "...in popular culture" that is coming up, soon we'll have "Nintendo Wii Opera internet browser (or Internet Channel) Trial Version rubbish favourites (Opera.com and Wii.com) and slow loading times in popular culture". Seriously. Cream147 Shout at me for doing wrong 20:51, 18 February 2007 (UTC)
* Delete per NOT. --Peta 23:10, 18 February 2007 (UTC)
* Keep. The purpose of this page is not to exist for its own sake but to keep garbage off the page for Piano wire. This is a standard practice on the Wikipedia; for discussion, see Category talk:In popular culture. So please, make it easier for the editors who work on Piano wire to keep this article free of junk by retaining the popular-culture page. Opus33 03:32, 19 February 2007 (UTC)
* It is not my intention to make life harder for the people who edit Piano wire. However, offloading junk information from that article to this one does not solve the problem. It simply turns it into someone else's problem. Otto4711 04:17, 19 February 2007 (UTC)
* I see the point of such an article, but nevertheless think the right solution in this case is to Merge with piano wire. It may be inconvenient to the editor to keep having popular junk added. However unless the section becomes very large (and so needs a separate article), it is probably better to put up with it (ignoring it). Deleting the article will certainly mean that 'popular culture' keeps getting added to piano wire, whether you want it or not. Peterkingiron 09:46, 19 February 2007 (UTC)
* Merging junk information into other articles isn't the right solution. The right solution is to remove the information entirely. Otto4711 13:13, 19 February 2007 (UTC)
* Delete. Wikipedia articles are not intended to be "trash bins" to divert unsuitable content from other articles. Saikokira 21:45, 19 February 2007 (UTC)
* Keep. Cleanup verify etc.. but nothing inherently wrong with the articles existence. -- Stbalbach 22:58, 20 February 2007 (UTC)
* Delete per nom. --MacRusgail 03:28, 22 February 2007 (UTC)
* Keep or merge to piano wire. This is not junk, and not that indiscriminate (though it will need to be kept that way). If it has a verifiable cultural significance, there is no reason to delete it. —siroχo 20:53, 22 February 2007 (UTC)
* What is the verifiable cultural significance of Quint's using piano wire for his fishing line as opposed to some other kind of wire or line? The article makes no mention of any cultural significance nor does it offer any hint of real-world analysis per WP:FICT. Otto4711 21:37, 22 February 2007 (UTC)
* Delete This is really not useful information - and is just an indiscriminate list anyway. -- Chairman S. Talk Contribs 00:29, 25 February 2007 (UTC)
* Merge back to piano wire. As it stands, a list of only three pop culture references doesn't qualify as enough "garbage" to fork off into a separate article. Caknuck 02:33, 25 February 2007 (UTC)
| WIKI |
Essential Wheel Bearing Info
Ball Wheel BearingsWheel bearings are either ball (pictured above) or tapered roller type. Front wheel bearing applications usually use an angular-type ball bearing because an angular-type ball bearing will accept greater thrust loads than a Conrad-type bearing. A tapered roller bearing will accept both a radial and a thrust load. Some rear axles will have a cartridge-type wheel bearing set containing either ball or tapered roller set.
Wheel Bearings Seal
Seals
Basic seal construction remains the same, but the primary sealing materials have changed from felt to rubber products, yet felt is still used as a dust shield for the primary seal. A seal is only as good as the surface it rides on. It is very important that the seal be lubricated before it is installed to prevent it from running dry. If the seal lip runs on a dry surface, it will over heat and become brittle. It is highly recommended that a seal installer be used. The installer will prevent the seal from being cocked when it is installed. A shaft protector should be used when installing a seal over a splined shaft. The dust cap is also a vital part of the sealing system. A little extra care and a brass drift can make the job a lot easier.
Wheel Bearing Adjustment
A wheel bearing out of adjustment can reduce bearing life and can affect more than just the bearing. It affects the operation and service life of the spindle, wheel seal and brake components. It is important to adjust the wheel bearing end play to the proper specifications. If the bearing set is adjusted too loose or too tight, it can cause the bearing to fail prematurely. Bearing adjustment did not become critical to braking performance until the introduction of disc brakes. The caliper is mounted directly to the steering knuckle. If there was too much end play, it would cause piston knock back in the caliper, resulting in excessive pedal travel. The use of direct mount of the caliper is returning to use on high-performance vehicles.
Hub Bearings
In the late 1970s, the hub bearing began to appear on front-wheel-drive vehicles. This was a sealed, lubricated for life, pre-adjusted bearing with a mounting flange attached to the strut knuckle or rear axle flange and a hub for the rotor, wheel and CV joint. Other versions consist of a hub and bearing set that mount on a rear axle spindle or steering knuckle. The bearing could be either ball or roller type. Passenger car and light truck hub bearings are not adjustable.
The hub is directly affected by the condition of the bearing. The driver may first notice a noise coming from the wheel of the vehicle when the steering wheel is turned. There will be noticeable end play when the wheel is unloaded. A check using a dial indicator will show an end play greater than 0.004 inch (0.100mm). Bearing end play can also affect a wheel speed sensor and cause an intermittent ABS trouble code. If the bearing flange has a runout, that runout will be magnified at the rotor friction surface. A runout of 0.0005 inch (0.00254mm) at the bearing flange could result in a 0.001 inch (0.0025mm) runout at the rotor friction surface.
A wheel bearing is the most critical component of a braking system. It positions the wheel and rotor to the caliper, the wheel and drum to the backing plate, and controls the input to the wheel speed sensor. As Electronic Stability Control (ESC) braking systems become more complex, the wheel bearing will still be the central component to the system’s operation. With the introduction of the Electronic Wedge Brake (EWB) just around the corner the caliper, wheel speed sensor and chassis controller will become the ABS system. These changes will require greater care in the servicing of the total suspension system.
Quality Matters
When replacing wheel bearings, it is of the utmost importance to use high quality aftermarket parts. If the aftermarket bearing does not perform as well as the OEM bearings, it can fail prematurely potentially damaging the vehicle. Low quality aftermarket bearings may not fit the application well enough which can cause problems with endplay. This can cause drivability problems which can mean costly comebacks.
Tools
To avoid damaging the new bearing, the bearing inner race must be carefully pressed onto a shaft and the outer race pressed into its bore. Hammering a bearing in place can result in the rollers or balls dimpling the bearing races and causing premature failure.
Most bearings have about 0.001” of interference-fit built into an axle shaft or bearing bore, which means that these types of bearings must be pressed or driven into place. Tapered bearing cups or outer races should be driven in place using a special aluminum driver. In an emergency, an old bearing race cut through on one side with an air-powered “whiz wheel” will serve the purpose.
Special tools are also available for pressing bearings into a steering knuckle. Installation of bearings into an aluminum steering knuckle or housing can be expedited by using an electric hot air gun to gradually expand the housing without melting or distorting the metal. Lastly, always adjust a tapered roller bearing by torquing to 15-20 ft.-lbs. and spinning the hub to center the rollers in the races. Back this initial adjustment off an 1/8 or 1/4 turn and retorque the bearing to manufacturers’ specifications. A typical final torque of 20-30 inch-pounds will leave zero end play and a slight amount of preload on the wheel bearing assembly.
Whether installing a ball, roller or sealed bearing assembly, using correct procedures and tools will ensure a comeback-free wheel bearing installation.
| ESSENTIALAI-STEM |
Page:Scott - Tales of my Landlord - 3rd series - 1819.djvu/27
Rh think you comprehend what I have been saying; and no wonder, for d—n me if I understand it myself! But, however, once for all, and in broad Scotch, your father and mother like what is proposed, and if you can take a plain young fellow for your husband, who will never cross you in any thing you have a mind to, I will place you at the head of the best establishment in the three Lothians; you shall have Lady Girnington's lodging in the Canongate of Edinburgh, go where you please, do what you please, and see what you please, and that's fair. Only I must have a corner at the board end for a worthless old play fellow of mine, whose company I would rather want than have, if it were not that the d—d fellow has persuaded me that I can't do without him; and so I hope you won't except against Craigy, although it might be easy to find much better company."
"Now, out upon you, Bucklaw," said Lady Ashton, again interposing,—"how | WIKI |
Richter B. Richter B. - 1 year ago 100
C++ Question
Multi-threaded event checker does not print anything
Code:
#include <iostream>
#include <future>
#include <queue>
#include <boost/thread/thread.hpp>
boost::mutex mtx;
std::queue<std::string>ev;
void t_1(){
while(true){
mtx.lock();
if(ev.size() > 0){
std::cout << ev.front();
ev.pop();
}
mtx.unlock();
boost::this_thread::sleep_for(boost::chrono::milliseconds(500));
}
}
void t_2(){
int x = 0;
while(true){
x++;
mtx.lock();
ev.push("new event");
mtx.unlock();
boost::this_thread::sleep_for(boost::chrono::milliseconds(1000));
}
}
void t_3(){
while(true){
std::cout << 3;
}
}
int main(int argc, const char * argv[]) {
// insert code here...
boost::thread t1(t_1);
boost::thread t2(t_2);
//boost::thread t3(t_3);
t1.join();
t2.join();
while(true){
std::cout << "anyone there";
}
//t3.join();
return 0;
}
I was messing around with the boost library, and wanted to make an event checker using threads and mutexes. For some reason there is no output, even on the main thread when it should print "anyone there." I am using Mac OSX and Xcode. THe program compiles and runs just fine.
Answer Source
As already mentioned by @krzaq your main loop does not print anything because join waits for the termination of the thread, which will never happen due to the endless loops in t_1 and t_2.
As for your t_1 output: You have no newline in your output. Typically the output buffer is flushed only on a newline, which means that you will not see the output flushed to your terminal until you either print a newline or the buffer is filled up.
Try this:
std::cout << ev.front() << "\n";
Recommended from our users: Dynamic Network Monitoring from WhatsUp Gold from IPSwitch. Free Download | ESSENTIALAI-STEM |
Invasive Species Compendium
Detailed coverage of invasive species threatening livelihoods and the environment worldwide
Abstract
Histological lesions in gills of feral cyprinids, related to the uptake of waterborne toxicants from Keenjhar Lake.
Abstract
Gill epithelium is a major site of gaseous exchange. The aim of the present study was to detect heavy metals content from the gills of L. rohita H., C. catla H., and C. mrigala H., respectively, from Keenjhar Lake water and to evaluate the histological alterations from the gills, due to the accumulation of waterborne toxicants. Heavy metals content was detected via flame atomic absorption spectrometer (FAAS) and electro thermal atomic absorption (ETAAS). The pathologic lesions of the gills included hypertrophy, hyperplasia, fusion of secondary gill lamella, aneurism, hemorrhage, vascular congestion, proliferation, dislocation, hyperemia, and deformities of gill arches. The gills of C. mrigala H. showed extensive range of histological alterations, even elevated heavy metals burden. Heavy metal content from the gill of C. mrigala H. were 3.29, 4.25, 4.57, 4.06, 97.68, 75.06, 10.11, 10.36, and 11.09 µ g g-1 dry weight for Cd, Ni, Zn, Pb, Fe, Ca, Cu, Cr, and Co, respectively. Heavy metals content exhibited in Keenjhar Lake water was in descending order as Ca < Cu < Fe < Zn < Co < Cr < Pb < Ni < Cd; however, Zn, Pb, and Co were higher than permissible limits, while the rest of the elements were below than those of permissible limits recommended by the World Health Organization. Heavy metal content from the gills of cyprinids was variable. | ESSENTIALAI-STEM |
HAMIL AMERICA, INC., Plaintiff-Appellee-Cross-Appellant, v. GFI, a Division of Goldtex, Inc., Third-Party Defendant-Appellant-Cross-Appellee, SGS Studio, Inc. and J.C. Penney Company, Inc., Defendants-Third-Party Plaintiffs-Appellants-Cross-Appellees.
Docket Nos. 98-7573, 98-7615
United States Court of Appeals, Second Circuit.
Argued: Dec. 9, 1998
Decided: Sept. 29, 1999
Michael Delikat, New York, N.Y. (John F. Olsen, Qrrick, Herrington & Sutcliffe LLP, of counsel), for all Appellants-Cross-Appellees.
Kenneth R. Schachter, New York, N.Y. (Silverberg Stonehill & Goldsmith, P.C., of counsel), for Appellee-Cross-Appellant.
Before OAKES, JACOBS, and POOLER, Circuit Judges.
OAKES, Senior Circuit Judge:
I. INTRODUCTION
Hamil America, Inc. sued GFI (a Division of Goldtex, Inc.), SGS Studio, Inc. and J.C. Penney Company, Inc. for copyright infringement. According to Hamil America, GFI copied one of Hamil America’s floral fabric patterns, SGS manufactured garments using the infringing GFI fabric and sold the garments to J.C. Penney, and J.C. Penney sold the garments in its retail stores. Hamil America prevailed at trial and was awarded damages against all three defendants. GFI, SGS, and J.C. Penney appeal the district court’s finding of liability for infringement and its calculation of damages. Hamil America cross-appeals the district court’s calculation of damages, arguing that the district court should have awarded damages for profits that Hamil America presumably would have earned had other customers not purchased GFI’s infringing pattern. Because the district court erroneously prohibited GFI from deducting any overhead expenses in the calculation of its profits, we reverse in part and remand for recalculation of damages. We affirm on all other issues.
II. BACKGROUND
Hamil America and GFI are companies doing business in the garment industry. Each sells printed fabric to manufacturers that, in turn, create garments for sale to wholesalers or retailers.
In 1993, Tabitha Kim created an original floral design for Hamil America which was designated Pattern No. 96. Kim transferred her copyright rights in the design to Hamil America. Hamil America produced and sold fabric printed with Pattern No. 96 in various color combinations, or “colorways.” One of the color combinations, designated colorway 575, featured clusters of small white and yellow flowers with blue centers on a red background.
SGS is a garment manufacturer. J.C. Penney is a retailer that sells, among other things, garments made by SGS. In June 1994, SGS purchased fabric samples of Hamil America Pattern No. 96 in four colorways, including colorway 575. SGS showed the fabric samples to J.C. Penney, along with other fabric samples obtained from other fabric vendors, to allow J.C. Penney to choose fabric patterns to be used for garments that SGS would manufacture for J.C. Penney. J.C. Penney selected six patterns out of the various patterns shown to it by SGS, including Hamil America Pattern No. 96 in colorway 575 and five GFI patterns.
SGS made sample garments from these six fabric patterns and supplied them to J.C. Penney. J.C. Penney used the sample garments for intra-company marketing and outside advertising. It showed a garment made with Hamil America Pattern No. 96 to buyers in its individual stores and featured a garment made with Hamil America Pattern No. 96 in its newspaper advertising.
SGS then manufactured garments for J.C. Penney. It was more expensive for SGS to use Hamil America fabric than GFI fabric: Hamil America fabric in Pattern No. 96 cost $5 per yard, whereas GFI fabric cost only $3.60 per yard. According to Hamil America, SGS wanted GFI to develop and manufacture a fabric pattern that SGS could substitute for Hamil America Pattern No. 96 in colorway 575, so that SGS could fulfill the J.C. Penney order for garments made from that pattern at a lower cost to SGS.
In October 1994, GFI hired Jae Wang, a freelance artist frequently employed by GFI, to create a fabric pattern that GFI would sell to SGS. In the same month, SGS ordered two yards of Pattern No. 96 in colorway 575 from Hamil America to be shipped to SGS on a rush basis. According to Hamil America, Wang copied, or “knocked-off,” Hamil America Pattern No. 96. Wang’s design was designated GFI Pattern No. 330. SGS substituted GFI Pattern No. 330 for Hamil America Pattern No.’96 in the garments it manufactured for J.C. Penney.
Hamil America learned of the infringement from Beaver Raymond, one of its Texas manufacturing customers. Raymond asked Howard Goldstein, Hamil America’s sales manager, why garments made with Hamil America Pattern No. 96 were being sold at J.C. Penney. Raymond showed Goldstein a garment that Raymond had purchased at J.C. Penney in Dallas, Texas. The garment was made with GFI Pattern No. 330, although Raymond believed that the garment was made with Hamil America Pattern No. 96 because the patterns were so similar. Gold-stein then purchased another garment made with GFI Pattern No. 330 at the J.C. Penney store in Dallas.
In April 1995, Hamil America registered Pattern No. 96 with the United States Copyright Office and was granted a registration number, VA 642-546. Hamil America sued GFI for copyright infringement, claiming Hamil America Pattern No. 96 was infringed by GFI Pattern No. 330. Hamil America also sued SGS and J.C. Penney because they each sold garments manufactured with GFI’s infringing fabric. After a non-jury trial, the district court found that the defendants willfully infringed Hamil America’s copyright. See Hamil America, Inc. v. SGS Studio, Inc. et al., 1998 WL 19991, at *1 (S.D.N.Y. Jan.21, 1998). In March 1998, the court entered judgment in favor of Hamil America against all defendants, and awarded damages in the amount of $201,049 from GFI, $28,836 from SGS, and $67,106 from J.C. Penney.
GFI, SGS, and J.C. Penney appeal the district court’s finding of liability for infringement and its calculation of damages. Hamil America cross-appeals the district court’s calculation of damages, arguing that the district court should have awarded damages for profits that Hamil America presumably would have earned had other customers not purchased GFI’s infringing pattern.
III. DISCUSSION
A. Standard of Review
We review findings of substantial similarity for the purposes of determining copyright infringement de novo. See Folio Impressions, Inc. v. Byer California, 937 F.2d 759, 766 (2d Cir.1991) (“In considering substantial similarity between two items, we review the district court’s findings de novo —not on the clearly erroneous standard' — because what is required is only a visual comparison of the works, rather than credibility, which we are in as good a position to decide as was the district court.”) (citing Business Trends Analysts, Inc. v. Freedonia Group, Inc., 887 F.2d 399, 402-03 (2d Cir.1989)).
By contrast, we review the district court’s determination of willful copyright infringement for clear error, and in doing so give particular deference to determinations regarding witness credibility. See Twin Peaks Prods., Inc. v. Publications Int’l, Ltd., 996 F.2d 1366, 1382 (2d Cir.1993) (citing Anderson v. City of Bessemer City, 470 U.S. 564, 575, 105 S.Ct. 1504, 84 L.Ed.2d 518 (1985); Fitzgerald Publ’g Co. v. Baylor Publ’g Co., 807 F.2d 1110, 1115 (2d Cir.1986)). “The standard is simply whether the defendant had knowledge that its conduct represented infringement or perhaps recklessly disregarded that possibility.” Id. (citing Fitzgerald Publ’g, 807 F.2d at 1115).
We review the method of calculation of damages de novo, and the actual calculation of damages for clear error. See Bartlett v. New York State Bd. of Law Examiners, 156 F.3d 321, 331-32 (2d Cir.1998) (citing Wolff & Munier v. Whiting-Turner Contracting Co., 946 F.2d 1003, 1009 (2d Cir.1991); United States Naval Inst. v. Charter Communications, 936 F.2d 692, 697-98 (2d Cir.1991)).
B. Liability
Appellants GFI, SGS, and J.C. Penney maintain that the district court incorrectly determined that they infringed Hamil America’s copyright. They first argue that Hamil America failed to establish that it owned a valid copyright in Pattern No. 96. They further contend that the district court compared the two patterns under the wrong standard and erred when it found infringement. We address each argument in turn.
1. Hamil America’s Copyright Registration
As we stated in Folio Impressions, copyright protection extends to fabric designs:
The right of an author under the common law to have the sole right of first printing and publishing his work was settled early in England by Lord Mansfield writing for the majority in Millar v. Taylor, 4 Burrows 2303 (1769). This common law concept was adopted in our Constitution which authorized Congress “[t]o promote the progress of science and useful arts, by securing, for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.” U.S. Const. art. I, § 8. The word “writings” is broadly construed; it includes all its forms that may be used to the end that the author’s ideas are tangibly expressed.... Among those forms of “writings” now recognized as entitled to copyright protection are fabric designs....
Folio Impressions, 937 F.2d at 762 (citing Millworth Converting Corp. v. Slifka, 276 F.2d 443 (2d Cir.1960); Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 274 F.2d 487 (2d Cir.1960)). To establish a copyright infringement cause óf action, a plaintiff must show both ownership of a copyright and unauthorized copying by the defendant. See id. at 763.
The appellants contend that the district court’s finding of liability must be reversed because Hamil America never proved that it owned a valid copyright for the allegedly infringed pattern. They argue that no valid copyright registration statement for Hamil America’s Pattern No. 96 had been issued from the copyright office, and no valid certificate was ever entered into evidence.
We disagree. The parties stipulated below that Hamil America registered Pattern No. 96 with the United States Register of Copyrights in April 1995 and that Hamil America received a certificate of registration. A certificate of registration from the United States Register of Copyrights constitutes prima facie evidence of the valid ownership of a copyright, although that presumption of ownership may be rebutted. See Rogers v. Koons, 960 F.2d 301, 306 (2d Cir.1992); Folio Impressions, 937 F.2d at 763. The party challenging the validity of the copyright has the burden to prove the contrary. See Hasbro Bradley, Inc. v. Sparkle Toys, Inc., 780 F.2d 189, 192 (2d Cir.1985).
The appellants argued below that there was no valid registration because different companies were variously named as owners of the copyright for Pattern No. 96. As we noted above, Hamil America supplemented its registration after it received the certificate of registration for Pattern No. 96. It first corrected the registration to indicate that the artist who designed the pattern- was actually employed by Hamil America’s sister company, Hamil Textiles (U.S.A.), Ltd., rather than Hamil America. It later amended'the registration to indicate that Tangiers International Ltd. was the author. These amendments to the registration simply clarified the ownership of the copyright in light of the relationships between the relevant companies: Hamil America and Hamil Textiles (U.S.A.) Ltd. were sister companies that shared a design studio; Hamil Textiles merged into Tangiers International; and Hamil America and Tangiers International are both owned by The Algo Group, a Canadian publicly traded corporation. Hamil America’s corrections did not invalidate the copyright registration. See Eckes v. Card Prices Update, 736 F.2d 859, 861-62 (2d Cir.1984) (stating that “[ojnly the knowing failure to advise the Copyright Office of facts which might have occasioned a rejection of the application constitute[s] reason for holding the registration invalid and thus incapable of supporting an infringement action”) (quoting Russ Berrie & Co. v. Jerry Elsner Co., 482 F.Supp. 980, 988 (S.D.N.Y.1980)); see also 17 U.S.C. § 408(d) (1996) (stating that information contained in a supplementary registration, submitted to correct or to amplify the information in an earlier registration, augments but does not supersede the information in the earlier registration).
Moreover, even if Hamil America’s re-cordation was initially inadequate, this alleged shortcoming did not justify dismissal of its copyright action. “[C]ourts have consistently permitted a plaintiff to correct a defective recordation, and to go forward with the suit as of the date of the filing of the action.” Northern Songs, Ltd. v. Distinguished Prods., Inc., 581 F.Supp. 638, 641 (S.D.N.Y.1984); see also Kenbrooke Fabrics, Inc. v. Soho Fashions, Inc., 690 F.Supp. 298, 302 (S.D.N.Y.1988) (denying defendant’s motion for summary judgment that was predicated in part on plaintiffs alleged failure to record transfer of copyright properly). The appellants have not shown that they were prejudiced in any way by Hamil America’s alleged failure to obtain a valid copyright. See Northern Songs, Ltd., 581 F.Supp. at 641 (declining to dismiss copyright action on grounds that plaintiff improperly recorded memorandum of transfer of copyright where defendants did not demonstrate that they were prejudiced by plaintiffs alleged errors). The appellants have failed to rebut the presumption that Hamil America validly owned the copyright for Pattern No. 96.
2. The Finding of Copyright Infringement
We next consider whether the district court properly found that GFI Pattern No. 330 infringed Hamil America’s copyright for Pattern No. 96. “To prove infringement, a plaintiff with a valid copyright must demonstrate that: ‘(1) the defendant has actually copied the plaintiffs work; and (2) the copying is illegal because a substantial similarity exists between the defendant’s work and the pro-tectible elements of plaintiffs.’” Knitwaves, Inc. v. Lollytogs Ltd. (Inc.), 71 F.3d 996, 1002 (2d Cir.1995) (quoting Fisher-Price, Inc. v. Well-Made Toy Mfg. Corp., 25 F.3d 119, 122-23 (2d Cir.1994)) (emphasis in original). We address each prong in turn.
a. Actual copying
The first part of this test addresses whether the defendant actually copied the work. Actual copying may be shown by direct or indirect evidence; indirect evidence of copying includes proof that the defendants had access to the copyrighted work and similarities that are probative of copying between the works. See Repp v. Webber, 132 F.3d 882, 889 (2d Cir.1997).
Here, there was no question that SGS had access to Hamil America Pattern No. 96, and there was circumstantial evidence that GFI had access to Hamil America Pattern No. 96. The appellants stipulated below that SGS purchased the pattern to show to J.C. Penney. They further acknowledged that Hamil America sent SGS an additional two yards of the pattern in the colorway chosen by J.C. Penney when SGS asked that it do so.
The district court found that the defendants willfully infringed Hamil America’s copyright. It determined that the accounts provided by the defendants’ witnesses as to the creation of GFI Pattern 330 were not credible. The court relied in particular on the trial testimony of Wang, who denied that he copied Hamil America Pattern No. 96. On cross-examination, however, Wang admitted at trial that he had made “knock-off’ designs (i.e., copies of existing designs) in the past. He defined a “knock-off’ as the redesign of another design with sufficient changes so that the redesigner does not get sued for copyright infringement. In finding willful infringement, the court relied on Wang’s testimony and noted that when Wang “sets out to knock something off, he ... tries to put in enough differences that he thinks they will get away with it. They didn’t in this case.” Moreover, as Hamil America points out, neither Wang nor GFI produced a bill showing Wang billed Pattern No. 330 as an original design, as he had-in the past when making other original designs for GFI. The court also stated that
I am offended by the attempt that your client has made to come up with a phony excuse as to how this pattern was made.... The evidence that your clients have access to [photographs of Hamil America Pattern No. 96] indicate[s] there was not only an opportunity but a need to steal [Hamil America’s] design in order to avail a commitment to J.C. Penney.
The court concluded that Hamil America “established not simply by a preponderance of the evidence but by ... clear and convincing evidence that the defendants set out to copy an original design that had been produced by the plaintiff and that had been requested by J.C. Penney.”
Because the “actual copying” prong of the' infringement test requires a fact-intensive inquiry, the district court’s determination as to whether the defendant actually copied the plaintiffs copyright material warrants our deference. This is particularly true when the district court must make a credibility determination. See Twin Peaks Prods., 996 F.2d at 1382. The court below was well-situated to gauge the credibility of the witnesses who testified as to whether the appellants willfully copied Hamil America’s pattern. In addition, as we discuss below, the many similarities between the patterns are probative of copying. The district court’s finding of willful infringement was not clearly erroneous, and the first part of the infringement test was satisfied.
b. Substantial similarity
i. The ordinary observer standard
The second part of the test for infringement addresses whether a substantial similarity exists between the two works to be compared. See Knitwaves, 71 F.3d at 1002. In most cases, the test for substantial similarity is the “ordinary observer-test,” which queries whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work. See id.; Folio Impressions, 937 F.2d at 766. In the words of Judge Learned Hand, the ordinary observer test is whether “the ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard their aesthetic appeal as the same.” Peter Pan Fabrics, Inc. v. Martin Weiner Corp., 274 F.2d 487, 489 (2d Cir.1960).
The appellants maintain that the district court erred when it applied the “ordinary observer” standard in comparing the two patterns at issue in this case. They contend that two artistic renderings of an item found in nature are bound to be similar, and that such designs are protected by only a weak copyright. They urge us to employ a more rigorous standard when we compare the fabric patterns because they depict objects, namely, flowers, that appear in nature. According to the appellants, there can be no finding of infringement unless there is a showing of “near-exact copying” or “striking similarity.”
The appellants’ argument is grounded in cases such as First American Artificial Flowers, Inc. v. Joseph Markovits Inc., 342 F.Supp. 178 (S.D.N.Y.1972), in which the court compared plastic sculptured reproductions of tea roses. The court asserted that “any two devices purporting to represent a natural prototype or archetype are likely to be similar, quite apart from any copying,” and that “a copyright on a work which bears practically a photographic likeness to a natural article, as here, is likely to prove a relatively weak copyright.” Id. at 186. We similarly observed in Folio Impressions that, “though playwrights and poets from William Shakespeare to Gertrude Stein have extolled the beauty of this five-petaled flower, by the rose’s very nature one artist’s rendering of it will closely resemble -another artist's work.” 937 F.2d at 766. Cf. Samara Bros., Inc. v. Wal-Mart Stores, Inc., 165 F.3d 120, 132 (2d Cir.1998) (citing Folio Impressions and stating that the depiction of a “familiar object” enjoys only a narrow copyright).
These considerations notwithstanding, and contrary to the appellants’ assertions, the courts in Folio Impressions and First American Artificial Flowers did in fact apply the ordinary observer standard. See Folio Impressions, 937 F.2d at 765-66; First American Artificial Flowers, 342 F.Supp. at 186. The appellants argue that we applied a more “discerning” ordinary observer test in Folio Impressions because the fabric pattern at issue depicted flowers. They misinterpret our holding in that case. As we discuss below, we applied a “more discerning” test in Folio Impressions not because the pattern featured items that appeared in nature, but because the allegedly infringed pattern featured a background that was copied from a design in the public domain. See Knitwaves, 71 F.3d at 1003; Folio Impressions, 937 F.2d at 765-66. Thus, the fact that the designs at issue in this case portrayed flowers does not preclude the use of the ordinary observer standard.
In any event, it should be noted that the designs of Hamil America Pattern No. 96 and GFI’s Pattern No. 330 do not bear “practically a photographic likeness” to real flowers. First American Artificial Flowers, Inc., 342 F.Supp. at 186. Rather, the floral patterns are stylized and not lifelike. Wang, who designed the infringing floral pattern, stated at trial that he “made ... up” the flower. In its findings of fact, the district court.stated that “the pattern is not simply the depiction of a flower as it would appear in nature. It is an artistic rendering that has its own unique qualities.... ”
We conclude that the district court reviewed the two fabric designs under the appropriate “ordinary observer” standard.
ii. The “more discerning” ordinary observer standard
The appellants contend that we should apply the “more discerning” ordinary observer standard that we enunciated in Folio Impressions, 937 F.2d at 765-66. This test is applied when a work contains both protectible and unprotectible elements, and requires the court to eliminate the unprotectible elements from its consideration and to ask whether the protectible elements, standing alone, are substantially similar. See Knitwaves, 71 F.3d at 1002; Folio Impressions, 937 F.2d at 765-66. For example, in Folio Impressions, we considered the alleged copying of a fabric design that consisted of stylized roses arranged on a complex background. Testimony at trial revealed that the pattern’s designer had copied the background from a document which was in the public domain, and “contributed nothing, not even a trivial variation” to the design. Folio Impressions, 937 F.2d at 764. Since the background design lacked originality, it was not copyrightable, and consequently the copyright extended only to the roses which were superimposed on top of the background, and to the arrangement of those roses. See id. at 763-65; see also Knitwaves, 71 F.3d at 1003. Having narrowed the scope of the copyright, we applied a “more discerning” ordinary observer test and compared only the protected portion of the design — that is, the roses and the way they were arranged, rather than their display against the background — to the allegedly infringing fabric design. Folio Impressions, 937 F.2d at 765-66; see also Knitwaves, 71 F.3d at 1003.
As we have subsequently cautioned, Folio Impressions featured “rather specialized facts” and provides no authority for the broad proposition that “in comparing designs for copyright infringement, we are required to dissect them into their separate components, and compare only those elements which are in themselves copyrightable.” Knitwaves, Inc., 71 F.3d at 1003; see also Mastercraft Fabrics Corp. v. Dickson Elberton Mills Inc., 821 F.Supp. 1503, 1512 (M.D.Ga.1993) (describing the “more discerning” test in Folio Impressions as predicated on the fact that “the entire background design of the fabric came from a public domain source”). Here, there is no contention that either party imported unprotectible material from the public domain into its floral fabric design. We therefore need not apply the “more discerning” ordinary observer standard.
iii. Liability
Application of the ordinary observer standard requires us to scrutinize the two patterns for substantial similarity: would an average lay observer recognize GFI Pattern No. 330 as having been appropriated from Hamil America’s Pattern No. 96? See Knitwaves, Inc., 71 F.3d at 1002. In comparing works for infringement purposes, we examine the works’ “total concept and feel.” Id. at 1003 (citing Eden Toys, Inc. v. Marshall Field & Co., 675 F.2d 498, 500 (2d Cir.1982)). When discussing how to apply the ordinary observer standard, we have endorsed the notion that, “[g]ood eyes and common sense may be as useful as deep study of reported and unreported cases, which themselves are tied to highly particularized facts.” Soptra Fabrics Corp. v. Stafford Knitting Mills, Inc., 490 F.2d 1092, 1093 (2d Cir.1974) (quoting Couleur Int’l Ltd. v. Opulent Fabrics Inc., 330 F.Supp. 152, 153 (1971)). And, as noted above, we review the district court’s finding of substantial similarity de novo, because “what is required is only a visual comparison of the works, .rather than credibility, which we are in as good a position to decide as was the district court.” Folio Impressions, 937 F.2d at 766.
Viewed under the ordinary observer standard, it is clear to us that GFI’s Pattern No. 330 and Hamil America’s Pattern No. 96 are substantially similar. Both patterns depict small clusters of flowers and leaves. The shapes of the flower petals and the leaves are virtually identical, and feature similar defining line work and highlights in the flowers and leaves. Both patterns depict leaves that do not appear to be attached to any of the flowers. Both patterns are “tossed,” which means that they have no top or bottom and are non-directional, and appear in repeat.
The intended uses of both fabric patterns further support a finding of substantial similarity. As we stated in Soptra Fabrics, a district court comparing two textile designs must give “due weight to ‘the uses for which the design is intended, especially the scrutiny that observers will give to it as used.’ 490 F.2d at 1093-94 (alteration in original) (quoting Peter Pan Fabrics, 274 F.2d at 489). The fabric designs at issue in Soptra Fabrics “were to be used in dresses, and although small differences between the designs might be found to exist under courtroom scrutiny, those differences fade away within a few feet or absent sharp scrutiny.” Id. at 1094. Likewise, Hamil America Pattern No. 96 and GFI Pattern No. 330 were to be used in garments, and the slight differences between the two patterns fade away when they are viewed from a distance. Giving due weight, as we must, to the scrutiny that observers would give to the patterns as used, we conclude that the patterns are substantially similar. _ This conclusion is substantiated by the fact that when Raymond saw the garment made with GFI Pattern No. 330, he immediately assumed that it was made with Hamil America Pattern No. 96.
The similarities become even more obvious when we compare Hamil America Pattern No. 96 in colorway 575 with the GFI fabric that was used in the garments for J.C. Penney. Both fabrics use the exact same colors in the same manner, featuring small yellow and white clusters of flowers with blue centers on a red ground, surrounded by similarly shaped olive green leaves with dark green shading. As we stated in Soptra Fabrics, “[t]he appearance in one of defendant’s fabrics of colors identical to plaintiffs is additional evidence of actual copying, as well as another factor leading to the conclusion that the aesthetic appeal of the fabrics is the same.... ” Soptra Fabrics Corp., 490 F.2d at 1094 (quoting Couleur Int’l, 330 F.Supp. at 154). We note, however, that the copyright for Pattern No. 96 is for the design itself, and is not limited to a specific color arrangement. Thus, the fact that Hamil America did not make all of the eolorways used by GFI for Pattern No. 330 does not limit the scope of GFI’s infringement. The similarity of design in the two patterns is such that we see an identity of design when we look at the patterns in the various colorways available in the record.
When we compared the “total concept and feel” of two items in Knitwaves, Inc., we focused on the original way the author “‘selected, coordinated and arranged’ the elements of his or her work.” Id. at 1004 (quoting Feist Publications, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 358, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991)). Here, GFI has duplicated Hamil America’s selection of clustered flowers and leaves, its coordination of these elements in particular spatial combinations, and its arrangement of these design elements on a tossed pattern that appears in repeat. Given the similarity of the “total concept and feel” of the fabric patterns, we are not convinced by the appellants’ recitation of differences. See Knitwaves, Inc., 71 F.3d at 1003 (citing Eden Toys, 675 F.2d at 500); see also Lauratex Textile Corp. v. Allton Knitting Mills Inc., 517 F.Supp. 900, 902-03 (S.D.N.Y.1981) (holding that fabric design was copied where ordinary observer of garments made with the two fabrics at issue who was not searching for differences would have concluded that fabrics were same design, despite slight changes in detail).
Because GFI Pattern No. 330 is substantially similar to Hamil America Pattern No. 96, we affirm the district court’s holding that the appellants infringed Ham-il America’s copyright.
C. Damages
We next turn to the issue of damages. Under the current Copyright Act, a copyright owner can elect to recover either “actual damages and profits” under 17 U.S.C. § 504(b), or “statutory damages” under 17 U.S.C. § 504(c). 17 U.S.C. § 504(c)(1). At Hamil America’s request, the district court awarded damages under 17 U.S.C. § 504(b). See Hamil America, Inc., 1998 WL 19991, at *1. Hamil America could recover “the actual damages suffered by [it] as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages.” 17 U.S.C. § 504(b) (emphasis added). These two methods of recovery available under § 504(b) serve two distinct purposes: “[d]amages are awarded to compensate the copyright owner for losses from the infringement, and profits are awarded to prevent the infringer from unfairly benefitting from a wrongful act.” H.R.Rep. No. 94-1476, at 161 (1976), reprinted in 17 U.S.C.A. § 504 at 146 (West 1996).
The parties contend that the district court erred with respect to both damages calculations permitted under § 504(b). The appellants argue that the court erred by disallowing deductions for overhead and other fixed expenses from the profits generated from the sales of the infringing fabric. Hamil America cross-appeals the calculation of its own actual damages, arguing that it was entitled to recover profits that it presumably would have earned had other customers not purchased GFI’s infringing pattern. We address each issue in turn.
1. Calculation of the Infringers’ Profits
Section 504(b) of the Copyright Act authorizes a copyright owner to recover the infringer’s profits. That section expressly provides that “[i]n establishing the in-fringer’s profits, the copyright owner is required to present proof only of the in-fringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.” 17 U.S.C. § 504(b). Put another way, the infringer’s profits are calculated as the gross sales of infringing goods minus the costs that the infringer proves are attributable to the production and sale of those goods.
In compliance with this statutory procedure, Hamil America submitted proof of GFI’s gross revenue from the sale of the infringing dress patterns, and GFI submitted a schedule of its deductible expenses that included both the actual costs of production of the infringing pattern as well as its general, or “fixed,” overhead expenses. The district court rejected GFI’s submission to the extent that it sought deductions for overhead expenses, stating that GFI “would have had general administrative expenses of ‘X’ amount whether [it] sold [the infringing] goods or not.” The court also rejected certain specific expenses, such as country club dues, on the ground that they were not “incremental costs of producing [the infringing] fabric.” The court asked GFI to adduce the “actual cost of the goods, what it actually cost [GFI] to manufacture [the] specific items.” The district court accepted GFI’s amended cost schedule, which showed only the variable costs of producing and selling the infringing pattern, and which excluded general overhead items such as rent, insurance, and depreciation. See Hamil America, Inc., 1998 WL 19991, at *3.
GFI argues that the district court erred in excluding an allocation of general overhead expenses in its calculation of GFI’s profits and that we must remand for recalculation of damages. We agree.
Our analysis begins with Sheldon v. Metro-Goldwyn Pictures Corp., 106 F.2d 45 (2d Cir.1939) (L.Hand, J.), in which a motion picture studio infringed the copyright on a certain play. The district court allowed a deduction for overhead expenses based on the ratio that the cost of producing the infringing movie bore to the total costs of the movie studio. See id. at 54. On appeal, the copyright holder argued that the infringers should not have been permitted any deduction for overhead expenses absent a showing that the overhead had been increased by the production of the infringing movie, which was only one of forty produced by the studio. See id. This court affirmed, noting -generally that, “ ‘[o]verhead’ which does not assist in the production of the infringement should not be credited to the infringer; that which does, should be; it is a question of fact in all cases.” Id.
Turning to the specific facts of the Sheldon case, the court applied its general rule as follows:
In the case at bar the infringing picture was one of over forty made by the defendants, using the same supervising staff and organization, which had to be maintained if the business was to go on at all. Without them no picture could have been produced; they were as much a condition upon the production of the infringing picture as the scenery, or the plaintiffs’ play itself.
Id. The court thus concluded that certain categories of general overhead expenses— in this case, those relating to creating and maintaining a “supervising staff and organization” — were appropriately deducted from gross revenue. The court then considered various methods of allocating those overhead expenses to the production of the infringing movie, and selected the method that was most fair, accurate, and practical in light of the infringing company’s structure and products. Given the impossibility of determining the overhead costs that were directly related to the production of the infringing motion picture, the court permitted a deduction of a portion of overhead expenses based on the cost of production of the motion picture:
[T]o make a perfect allocation one would have to examine what part of the time of all the employees whose pay went into the “overhead”, was given to each picture; and so of the other expenses. That was obviously impossible. It is on the whole more likely that a given picture required that proportion of the general services represented by its cost of production, than that each picture shared those services equally.... The [cost of production] solution appears to us as nearly right as was practically possible.
Id. at 52-53.
The court therefore affirmed the district court’s use of an estimate of overhead expenses based on the cost of production— notwithstanding the absence of particularized findings as to the use of those expenses for things that specifically contributed to the infringing picture — because of the “extravagant labor” necessary to determine the incremental contribution of individual property to the infringing picture:
It was better ... to compute this item by assuming that the infringing picture used that proportion of the whole plant which its cost of production bore to the cost of production of all pictures made that year, than to attempt any allocation of buildings and other property according to their actual use for the picture. The second method- would have been incredibly difficult in application, involving as it would a different proportional use of each bit of property concerned.
Id. at 54. In adopting this pragmatic approach, the court implicitly rejected the need for a detailed analysis of an infringer’s ledgers.
Sheldon thus contemplates a two-step procedure for deducting overhead expenses from an infringer’s profits. The first step is to determine what overhead expense categories (such as rent, business, entertainment, personnel and public relations) are actually implicated by the production of the infringing product. Once a sufficient nexus is shown between a category of overhead and the production or sale of the infringing product, a court need not scrutinize for inclusion or exclusion particular items within the overhead category. For éxample, if “entertainment expenses” is a category of overhead implicated in the line of business that produced or sold the infringing product, then country club dues included within that category should not be singled out for exclusion, as they were by the district court here. Rather, the court should limit its inquiry to the sufficiency of the nexus between the expense category and production of the infringing product.
The,second step is to arrive at a fair, accurate, and practical method of allocating the implicated overhead to the infringement. The infringer has the burden of “offering a fair and acceptable formula for allocating a given portion of overhead to the particular infringing items in issue.” 4 Melville B. Nimmer and David Nimmer, Nimmer on Copyright § 14.03[B], at 14-39 (1996); see also In Design v. K-Mart Apparel Corp., 13 F.3d 559, 565-66 (2d Cir.1994). The reasonableness of the proffered overhead allocation formula is a question of fact in all cases. See Sheldon, 106 F.2d at 54.
Sheldon’s approach has been consistently applied by this Court. In subsequent cases, we have assumed that general overhead expenses were deductible and reviewed only the sufficiency of the nexus between the expense and the infringing product and/or the adequacy of the adduced formula for allocating overhead costs to the production of the infringing product. In Design, for example, concerned a copyright holder’s challenge to the district court’s conclusion that certain overhead expenses (including rent, advertising, payroll, shipping, and store supplies) were deductible from gross profits. See In Design, 13 F.3d at 565-66. Applying the Sheldon rule, we affirmed and held that overhead expenses were appropriately deducted because such expenses are generally deductible, because the expenses were sufficiently related to the sale of the infringing product, and because the allocation formula offered by the infringer was reasonable. See id. at 566.
In another case, we rejected an infringer’s allocation of company overhead, which was based on the percentage of the company’s net sales to the infringing line of goods, on the ground that the proffered allocation was not the most rehable method available to the infringer. See Manhattan Indus. v. Sweater Bee by Banff, Ltd., 885 F.2d 1, 7-8 (2d Cir.1989). We reasoned that although an infringer “need not prpve its overhead expenses and then-relationship to the production of the contemptuous goods in ‘minute detail,’ it must still carry its burden of demonstrating a sufficient nexus between each expense claimed and the sales of the unlawful goods.” Id. (emphasis added) (quoting Frank Music Corp. v. Metro-Goldwyn-Mayer, Inc., 772 F.2d 505, 516 (9th Cir.1985)). See also Gaste v. Kaiserman, 863 F.2d 1061, 1071 (2d Cir.1988) (rejecting a 90 percent allocation of overhead to an infringing song that represented 90 percent of the infringer’s sales); Wilkie v. Santly Bros., 139 F.2d 264, 265 (2d Cir.1943) (holding that general allocation formula should allocate overhead equally to each song produced by the in-fringer because there was no evidence that the infringing song contributed more to the overhead costs than the publisher’s other 47 songs).
Despite the clear precedent on the deduction of overhead expenses established by Sheldon and its progeny, the district court here prohibited GFI from deducting any overhead whatsoever unless GFI could show that its overhead was actually increased by its production of Pattern No. 330. See Hamil America, Inc., 1998 WL 19991, at *3 (“[T]he Court must examine the facts to determine those incremental cost[s] of the infringer that were increased as a direct result of the production and sale of the infringing goods ... and to separate them from those fixed costs that would have been incurred in any event.”). The court appears to have based its holding at least in part on the fact that the infringement by GFI was willful, relying on cases from other jurisdictions suggesting that willful or deliberate infringers may not deduct overhead when calculating the profit the plaintiff is entitled to recover. See id. at *1 (citing Jarvis v. A & M Records, 827 F.Supp. 282, 294 (D.N.J.1993)). See also Saxon v. Blann, 968 F.2d 676, 681 (8th Cir.1992); Frank Music Corp., 772 F.2d at 515.
Unlike the district court, we are not prepared to abandon the teachings of Sheldon in favor of a hard and fast rule denying all overhead deductions to willful in-fringers. But we share the district court’s concern that willful infringers should not be permitted to subsidize the sale of legitimate goods with the sale of infringing goods by “passing part of its fixed cost on to the copyright holder.” See id. at *2. We also recognize that “a rule of liability which merely takes away profits from an infringement would offer little discouragement to infringers.” F.W. Woolworth Co. v. Contemporary Arts, 344 U.S. 228, 233, 73 S.Ct. 222, 97 L.Ed. 276 (1952). We therefore conclude that Sheldon’s two-step approach must be applied with particular rigor in the case of willful infringement.
Every infringer shoulders the burden of demonstrating a “sufficient nexus between each expense claimed and the sales of the unlawful goods,” Manhattan Indus., 885 F.2d at 8, before it may deduct any overhead expenses from its profits. When infringement is found to be willful, the district court should give extra scrutiny to the categories of overhead expenses claimed by the infringer to insure that each category is directly and validly connected to the sale and production of the infringing product. Unless a strong nexus is established, the court should not permit a deduction for the overhead category. See Kamar Int’l Inc. v. Russ Berrie & Co., 752 F.2d 1326, 1332 (9th Cir.1984) (allowing overhead deduction “only when the infringer can demonstrate it was of actual assistance in the production, distribution or sale of the infringing product.” (citing Sheldon)).
An infringer also bears the burden of proposing a fair and acceptable formula for allocating a portion of overhead expenses to the infringing items .at issue. See In Design, 13 F.3d at 565-66. The district court must determine that the particular allocation formula is optimal and sound, and all presumptions are drawn against the infringer. See id. at 564 (“Any doubts resulting from an infringer’s failure to present adequate proof of its costs are resolved in favor of the copyright holder.”) (citing Gaste, 863 F.2d at 1070-71); see also Nimmer on Copyright, § 14.03[B], at 14-40 (“[If] the computation of profits and costs is uncertain due to the failure of the [infringer] to keep adequate records of costs, any doubt in the evidence will be resolved in favor of the plaintiff.”). The allocation formula of a willful infringer should be held to a particularly high standard of fairness, and the court should not hesitate to reject a formula which allows the willful infringer to deduct more of its overhead than was directly implicated in the manufacture of the infringing product.
Because the district court erred under Sheldon in applying a blanket prohibition of all overhead deductions, we reverse on this issue and remand for a recalculation of GFI’s profits. In that proceeding, GFI, as a willful infringer, must demonstrate a direct and valid nexus between each claimed overhead expense category and the production of GFI Pattern No. 330 and propose a fair and acceptable formula for allocating a portion of overhead to the pattern’s production. The district court, applying the heightened scrutiny appropriate in cases of willful infringement, will have the latitude to adopt or reject certain categories of overhead, and to accept, reject, or amend GFI’s overhead allocation formula. Of course, if the resulting calculation causes the district court to reconsider its finding that Hamil America “will be fully compensated on its claims,” see Hamil America, Inc., 1998 WL 19991, at *3, the court could award Hamil America its “actual damages”' in lieu of, or in addition to, GFI’s recalculated profits. See 17 U.S.C. § 504(b).
2. Hamil America’s Lost Profits
Hamil America raises one issue on cross-appeal: whether the district court erred when it determined that Hamil America could not recover for lost profits that it might have earned from sales to those of its customers who purchased GFI’s infringing design. It relies on three facts: (1) Hamil America and GFI had several shared customers; (2) the shared customers bought samples of Hamil America Pattern No. 96 with the probable intention to purchase more Hamil America fabric; and (3) the shared customers did not purchase the fabric from Hamil America after the less expensive version offered by GFI appeared on the market. Hamil America reasons that it is entitled to damages for lost profits, as it would have sold Pattern No. 96 to the shared customers had GFI not made the infringing pattern. It argues that it is entitled to a total judgment against GFI in the amount of $240,782, rather than the $201,049 that was awarded by the district court.
GFI argued below that Hamil America should not recover lost profits, because the shared customers would not have purchased the fabric at Hamil America’s above-market prices. GFI also pointed out that those customers purchased GFI’s fabric several months after they had purchased Hamil America’s samples, and concluded that the commercial failure of Ham-il America’s pattern “had nothing to do with the availability of [GFI’s] pattern.”
The district court agreed that the shared customers may well have declined to purchase Hamil America’s fabric, due to its higher price, and held that Hamil America could not recover the alleged lost profits. See Hamil America, Inc., 1998 WL 19991, at *3. The court further noted that Hamil America could not recover both for its hypothetical sales to the shared customers and for GFI’s actual sales to those same customers. See id. The court elected to measure GFI’s actual profits from sales to the shared customers, rather than speculate as to what Hamil America might have earned had it sold Pattern No. 96 to the shared customers. See id. (“[I]n these circumstances, it appears more accurate to measure plaintiffs lost profit on these [alleged sales to the shared customers] by looking to the incremental profit that defendant actually realized on its sales to these accounts.”).
As Nimmer states, “[i]n the absence of convincing evidence as to the volume of sales that plaintiff would have obtained but for the infringement, the measure of lost profits may be rejected as too speculative.” Nimmer on Copyright § 14.02[A], at 14-11 (citing Odegard, Inc. v. Costikyan Classic Carpets, Inc., 963 F.Supp. 1328, 1341 (S.D.N.Y.1997)). The district court rejected Hamil America’s request for lost profits as too speculative. In our view, this conclusion was not clearly erroneous. See also Odegard, Inc., 963 F.Supp. at 1340 (“When seeking an award of damages for lost sales, the burden is on the plaintiff to demonstrate that it would have made the sales but for the infringing activity.”). In the absence of more rehable evidence of Hamil America’s lost profits, the district court was entitled to rely on the less abstract calculation of damages from GFI’s sales to the shared customers. We therefore affirm on this issue.
IY. CONCLUSION
Because the district court erroneously prohibited GFI from deducting any overhead expenses in the calculation of its profits, we reverse in part and remand for recalculation of damages. We affirm on all other issues.
. Pattern No. 330 was registered with the United States Copyright Office, effective date January 17, 1995.
. As Goldstein testified at trial, Hamil America did not regularly register a copyright as soon as it created a design; instead, it registered its copyrights after it suspected that a design was being infringed. Hamil America has since supplemented its registration to indicate that Tangiers International Ltd. was the author rather than Hamil America.
. But it is worth noting that when we compare the various eolorways for Hamil America’s pattern and GFI’s pattern that are reproduced in the record, we observe that other eolorways feature similar color combinations.
. The district court reached the same conclusion. It observed that while the similarity is most obvious when comparing the two colorways with a red background, the similarity occurs in the "other eolorways” that it had examined:
[T]he pattern is not simply the depiction of a flower as it would appear in nature. It is an artistic rendering that has its own unique qualities and those qualities are what the defendants set out to copy and did, in fact, copy. You see it in the spacing, the number of flowers used, the way the leaves are presented, leaves not attached to the flowers at all but floating in the spaces between flowers, the fact that often the flowers are presented next to a depiction of buds.
. Some methods of allocating overhead to the infringement proffered in previous cases in-elude: the production cost of the infringing product as a percentage of the total production costs, see Sheldon, 106 F.2d at 52-52; the number of infringing products as a percentage of total products, see Wilkie v. Santly Bros., 139 F.2d 264, 265 (2d Cir.1943); and the dollar sales from the infringing product as a percentage of total dollar sales, but see Gaste v. Kaiserman, 863 F.2d 1061, 1071 (2d Cir.1988) (rejecting the dollar sales method).
. In so deciding, the district court may have also relied upon the testimony of Hamil America’s sales manager, who conceded that not every customer who sampled Hamil America’s patterns ultimately placed a larger production order.
. Hamil America properly conceded below that “it may not recover its profit on these alleged sale[s] and defendants]’ profit on the sale to these companies.” Hamil America, Inc., 1998 WL 19991, at *3. A copyright plaintiff may recover its own lost profits, which are part of the plaintiff's "actual damages,” as well as the defendant’s profits. But a "plaintiff may not recover damages that have already been taken into account in computing its actual damages.” Nimmer on Copyright, § 14.03, at 14-29. Thus, "[a] plaintiff may not recover its full lost profits plus all of the defendant’s profits, for this would constitute a forbidden double recovery.” Id. § 14.02[A], at 14-10 (citing Taylor v. Meirick, 712 F.2d 1112 (7th Cir.1983)). Thus, if Hamil America were in fact entitled to recover lost profits, it would have had to set off its recovery for GFI’s profits by those profits already taken into account to determine Hamil America’s lost profits, because Hamil America could not recover twice. Hamil America properly performed this analysis below, when Hamil America contended that it had lost profits of $149,823, and that GFI’s profits not taken in account in computing Hamil America's lost profits were $90,959, for a total judgment against GFI in the amount of $240,782.
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User:Geekybroad
Portal:Computer_Science
Hi from Winnipeg, MB, Canada. Recovering Wikiholic, but will allow myself to edit Wikiversity. Hoping to do a lot of work on here when I take more courses. Paraphrasing should help me understand material and give something back to the rest of you all at the same time. Leave me a message on my user page if you like. --Geekybroad 06:16, 7 January 2008 (UTC) | WIKI |
Laurent Depoitre
Laurent Depoitre (born 7 December 1988) is a Belgian professional footballer who plays as a striker for Gent. He has made one senior appearance for the Belgium national team.
Eendracht Aalst
When a large number of players had to leave Péruwelz after the 2008–09 season, Eendracht Aalst took advantage of the situation in the summer of 2009 and signed Depoitre alongside Damien Galucci and Olivier De Castro. Depoitre formed a good pair in Alost with Wouter Moreels, and he was chosen as the best player of the team after his first season. 2011, the team became champion in Third Division A. In the 2011–12 season Depoitre was followed by, among other clubs, AA Gent, Lierse SK, Oud-Heverlee Leuven, Beerschot AC, N.E.C., Heerenveen, Willem II and Roda JC.
Oostende
In 2012, Depoitre joined Oostende from Aalst.
In January 2013, it was announced that he would be transferred to Zulte Waregem in 2013–14. Afterwards, his transfer turned out to be a part of a share transaction between Yves Lejaeghere, the then-president of Ostend, and Patrick Decuyper, the then-general manager of Zulte Waregem. In the end the transaction was cancelled and as a result the transfer was also revoked.
Gent
After Depoitre decided not to extend his contract with Oostende, it was announced that he would play for KAA Gent during the 2014–2015 season.
Porto
On 8 August 2016, Depoitre signed for Portuguese club Porto for four seasons, with €40 million release fee. Porto paid a €6 million transfer fee to Gent. He finished the season with 13 appearances across all competitions scoring two goals and providing one assist.
Huddersfield Town
On 23 June 2017, it was confirmed that Depoitre had signed a two-year contract with Premier League newcomers Huddersfield Town, for an undisclosed fee, and a record transfer fee for the club. However, his transfer fee record would go on to be overtaken later that transfer window, by Aaron Mooy moving from Manchester City for £8 million.
He was released by Huddersfield at the end of the 2018–19 season, having scored six times in sixty appearances for the club, including the second goal in Huddersfield's win of Manchester United and the goal v Chelsea at Stamford Bridge to secure a draw against the then-champions and with it the point that kept Huddersfield in the Premier League for a second season.
Return to Gent
On 23 July 2019, Depoitre returned to Belgium, signing for his former club Gent on a three-year contract.
International career
On 10 October 2015, he made his senior debut for the national team in a 4–1 win in a UEFA Euro 2016 qualification match against Andorra. Depoitre scored his team's fourth goal.
International
* Statistics accurate as of last match played on 10 October 2015.
* Scores and results list Belgium's goal tally first.
Honours
Aalst
* Belgian Third Division: 2010–11
Oostende
* Belgian Second Division: 2012–13
Gent
* Belgian Pro League: 2014–15
* Belgian Cup: 2021–22
* Belgian Super Cup: 2015
Individual
* Jean-Claude Bouvy Trophy: 2015 | WIKI |
Motorcycling: Swiss veteran Luethi secures 2018 MotoGP ride
(Reuters) - Veteran Swiss rider Thomas Luethi will graduate to MotoGP next season with Marc VDS Honda, the Belgian team announced on Thursday. Luethi, 30, is in his eighth season in the Moto2 category and finished runner-up in 2016 behind French rider Johann Zarco, who is now in MotoGP with Tech3 Yamaha. The 2005 world champion in the 125cc class will be partnered at the team by current Moto2 championship leader Franco Morbidelli of Italy. Luethi was also previously a test rider for KTM before their MotoGP debut this season. “His consistency over seven seasons in Moto2 has been incredible, with a sixth place in 2013 the only time he’s finished outside the top five in the championship,” Marc VDS team boss Marc van der Straten said in a statement. Reporting by Alan Baldwin in Spa-Francorchamps; Editing by John O'Brien | NEWS-MULTISOURCE |
Interventions Specific to Soft Tissue Sarcoma
A team comprising nursing staff from radiation oncology, surgical oncology, and the oncology inpatient unit was assembled to plan nursing intervention for patients undergoing interstitial brachytherapy for soft tissue sarcoma. In addition, the wound ostomy nurses were consulted to determine what, if any, dressings might be applied over the wound vacuum during the course of treatment.
Next, a literature review was conducted to identify appropriate nursing interventions for the surgical incision and catheter care. Several published articles on HDR brachytherapy were used as guidelines for handling the specialized catheters and managing skin care at the entry and exit sites. An educational storyboard was created to serve as a visual learning tool for all staff involved in caring for patients on the inpatient unit.
The storyboard included educational materials on brachytherapy, current peer reviewed journal articles depicting the procedure and appropriate postoperative interventions, the American Brachytherapy Society consensus statement for sarcoma brachytherapy, and actual examples of the catheters that would be used. Because the catheter tails would be several inches long immediately after the surgery then cut to size at the time of simulation, both examples were included on the storyboard.
Continue Reading
The catheters are the vehicle used to deliver the radiation pellets directly to the surgical bed; therefore, they should not be kinked or bent in a way that might damage patency. Additionally, any moisture introduced into the catheters might cause integrity breakdown. Specific instructions include not to submerge the area in water or wet the catheters during skin care.
One of the biggest challenges faced while implementing the HDR brachytherapy program was dealing with unknowns. For example, whether the margins warranted brachytherapy was at the discretion of the surgeon during surgery. The direction in which to lay the catheters, the plane to place them in in relation to the patient’s anatomy, and whether to use a wound vacuum or close the incision were also at the surgeon’s discretion intraoperatively. The team would not learn whether the case was indeed “a go” and what the site would look like, which ultimately dictate nursing interventions, until the immediate postoperative period.
Another challenge was maintaining catheter integrity for the duration of the treatment course. On postop day 1, the patient was simulated and the catheters cut to rough length. Postop day 2 was spent planning the treatment, which involved dosimetry, physics, and the radiation oncologist. On postop days 3 and 4, the patient underwent treatment twice daily, approximately 6 hours apart. Therefore, nursing staff were required to be diligent about maintaining catheter integrity for approximately 5 days.
Outcomes for the Patient and our Program
Our patient was assessed postoperatively by surgical and radiation oncology. At 3 weeks, the drain was functional and the wound was healing well. At 1 month, there were no wound complications, and the drain was removed. Surveillance scans and additional follow-up were scheduled for 3 months. Feedback from the patient and spouse experience was positive; they reported receiving quality care throughout the process from every member of the team.
After evaluating the program, the team determined that the wound vacuum was absolutely necessary to provide optimal treatment. Without it, the surgical bed would have continuously collected fluid creating changes in the patient’s anatomy that could potentially impact the precision and accuracy of brachytherapy treatment.
Learning opportunities included involving the wound ostomy staff as active participants in planning and implementing the procedure. Future direction includes informing the wound ostomy team during the planning phase about upcoming potential cases and their evaluating the patients at the time of treatment.
Conclusion
Postoperative HDR brachytherapy for soft tissue sarcoma is an acceptable treatment modality that delivers high doses of radiation to the surgical bed and surrounding tissue, provides adequate local control, and reduces acute and late toxicities. It can be administered in the outpatient setting over 2 to 3 days, which reduces overall treatment costs. With the proper equipment, radiation oncology departments can implement a similar program that offers innovative solutions, optimal patient outcomes, and improves patient satisfaction.
In addition to better patient outcomes and the functional benefits of using HDR brachytherapy for soft tissue sarcoma, implementing the service in our hospital has added significant value to the cancer service line and oncology program. This model can serve as a blueprint for other rural hospitals that have a radiation oncology department with the equipment to perform HDR brachytherapy.
Mandy Arnone is a radiation oncology nurse at Kalispell Regional Medical Center in Kalispell, Montana. Leah Scaramuzzo is nursing director, Oncology Clinical Development, Kalispell Regional Healthcare, and a member of the Oncology Nurse Advisor editorial advisory board.
References
1. Holloway CL, DeLaney TF, Alektiar KM, Devlin PM, O’Farrell DA, Demanes DJ. American Brachytherapy Society (ABS) consensus statement for sarcoma brachytherapy. Brachytherapy. 2013;12(3):179-190. doi:10.1016/j.brachy.2012.12.002
2. Beltrami G, Rüdiger HA, Mela MM, et al. Limb salvage surgery in combination with brachytherapy and external beam radiation for high-grade soft tissue sarcomasEur J Surg Oncol. 2008;34(7):811-816. doi:10.1016/j.ejso.2007.08.011
3. Itami J, Sumi M, Beppu Y, et al. High-dose rate brachytherapy alone in postoperative soft tissue sarcomas with close or positive marginsBrachytherapy. 2010;9(4):349-353. doi:10.1016/j.brachy.2009.07.012
4. Klein J, Ghasem A, Huntley S, Donaldson N, Keisch M, Conway S. Does an algorithmic approach to using brachytherapy and external beam radiation result in good function, local control rates, and low morbidity in patients with extremity soft tissue sarcoma? Clin Orthop Relat Res. 2018;476(3):634-644. doi:10.1007/s11999.0000000000000079 | ESSENTIALAI-STEM |
-- Bolivians Protest Plan to Invest $380 Million of Fuel Savings on Grain
Bolivian protesters today looted
government offices, burned vehicles and blocked roads after
President Evo Morales said he will spend $380 million that was
used to subsidize fuel to purchase grains from local farmers. The government, which on Dec. 26 raised gasoline prices by
as much as 82 percent, will pay Bolivian soybean, corn, wheat
and rice farmers 10 percent more than market rates, Morales said
last night in a televised speech. Wages for police, state health
workers and teachers will also be increased by 20 percent next
year, he said. “This price increase is tough for Bolivian families, but
the subsidy means we lose $150 million a year in contraband,”
Morales said. Morales, 51, who took office in 2006 vowing greater state
control over the economy, has faced unrest as food and energy
shortages increase and private investment dwindles. Bus drivers
staged a second strike this week, protesters smashed La Paz
municipal offices and toll booths and battled police in cities
including Cochabamba, La Paz-based Radio Panamericana reported. Private oil and gas investment in Bolivia plunged 69
percent to $271 million in 2009 from $865 million a decade
earlier, according to state-controlled energy company YPF
Bolivianos. Workers at Bolivia’s state-run Huanuni tin mine plan to
strike Jan. 3 to protest the fuel price increase. The 175,000-
member Bolivian Confederation of Drivers, Bolivia’s largest
labor union, known as COB, and La Paz Mayor Luis Revilla also
held protests this week. To contact the reporter on this story:
Alex Emery in Lima at
aemery1@bloomberg.net To contact the editor responsible for this story:
Joshua Goodman at
jgoodman19@bloomberg.net | NEWS-MULTISOURCE |
Title
Robustness effect of gap junctions between Golgi cells on cerebellar cortex oscillationsRobustness effect of gap junctions between Golgi cells on cerebellar cortex oscillations
Author
Faculty/Department
Faculty of Pharmaceutical, Biomedical and Veterinary Sciences . Biomedical Sciences
Research group
Theoretical neurobiology
Publication type
article
Publication
[London] :Biomed Central,
Subject
Human medicine
Source (journal)
Neural systems & circuits. - [London], 2011, currens
Volume/pages
1(2011), p. 7,1-7,19
ISSN
2042-1001
Carrier
E
Target language
English (eng)
Full text (Publishers DOI)
Affiliation
University of Antwerp
Abstract
Background Previous one-dimensional network modeling of the cerebellar granular layer has been successfully linked with a range of cerebellar cortex oscillations observed in vivo. However, the recent discovery of gap junctions between Golgi cells (GoCs), which may cause oscillations by themselves, has raised the question of how gap-junction coupling affects GoC and granular-layer oscillations. To investigate this question, we developed a novel two-dimensional computational model of the GoC-granule cell (GC) circuit with and without gap junctions between GoCs. Results Isolated GoCs coupled by gap junctions had a strong tendency to generate spontaneous oscillations without affecting their mean firing frequencies in response to distributed mossy fiber input. Conversely, when GoCs were synaptically connected in the granular layer, gap junctions increased the power of the oscillations, but the oscillations were primarily driven by the synaptic feedback loop between GoCs and GCs, and the gap junctions did not change oscillation frequency or the mean firing rate of either GoCs or GCs. Conclusion Our modeling results suggest that gap junctions between GoCs increase the robustness of cerebellar cortex oscillations that are primarily driven by the feedback loop between GoCs and GCs. The robustness effect of gap junctions on synaptically driven oscillations observed in our model may be a general mechanism, also present in other regions of the brain.
Full text (open access)
https://repository.uantwerpen.be/docman/irua/456dbc/565a3600.pdf
Handle | ESSENTIALAI-STEM |
Plugin Development - Store Configuration
Module
"kong.plugins.<plugin_name>.schema"
Most of the time, it makes sense for your plugin to be configurable to answer all of your user's needs. Your plugin's configuration is stored in the datastore for Kong to retrieve it and pass it to your handler.lua methods when the plugin is being executed.
The configuration consists of a Lua table in Kong that we call a schema. It contains key/value properties that the user will set when enabling the plugin through the Admin API. Kong provides you with a way of validating the user's configuration for your plugin.
Your plugin's configuration is being verified against your schema when a user issues a request to the Admin API to enable or update a plugin on a given API and/or Consumer.
For example, a user performs the following request:
$ curl -X POST http://kong:8001/apis/<api name>/plugins \
-d "name=my-custom-plugin" \
-d "config.foo=bar"
If all properties of the config object are valid according to your schema, then the API would return 201 Created and the plugin would be stored in the database along with its configuration ({foo = "bar"} in this case). If the configuration is not valid, the Admin API would return 400 Bad Request and the appropriate error messages.
schema.lua specifications
This module is to return a Lua table with properties that will define how your plugins can later be configured by users. Available properties are:
Property name Lua type Default Description
no_consumer Boolean false If true, it will not be possible to apply this plugin to a specific Consumer. This plugin must be API-wide only. For example: authentication plugins.
fields Table {} Your plugin's schema. A key/value table of available properties and their rules.
self_check Function nil A function to implement if you want to perform any custom validation before accepting the plugin's configuration.
The self_check function must be implemented as follows:
-- @param `schema` A table describing the schema (rules) of your plugin configuration.
-- @param `config` A key/value table of the current plugin's configuration.
-- @param `dao` An instance of the DAO (see DAO chapter).
-- @param `is_updating` A boolean indicating wether or not this check is performed in the context of an update.
-- @return `valid` A boolean indicating if the plugin's configuration is valid or not.
-- @return `error` A DAO error (see DAO chapter)
Here is an example of a potential schema.lua file:
return {
no_consumer = true, -- this plugin will only be API-wide,
fields = {
-- Describe your plugin's configuration's schema here.
},
self_check = function(schema, plugin_t, dao, is_updating)
-- perform any custom verification
return true
end
}
Describing your configuration schema
The fields property of your schema.lua file described the schema of your plugin's configuration. It is a flexible key/value table where each key will be a valid configuration property for your plugin, and each value a table describing the rules for that property. For example:
fields = {
some_string = {type = "string", required = true},
some_boolean = {type = "boolean", default = false},
some_array = {type = "array", enum = {"GET", "POST", "PUT", "DELETE"}}
}
Here is the list of accepted rules for a property:
Rule Lua type(s) Accepted values Description
type string "id", "number", "boolean", "string", "table", "array", "url", "timestamp" Validates the type of a property.
required boolean Default: false. If true, the property must be present in the configuration.
unique boolean Default: false. If true, the value must be unique (see remark below).
default any If the property is not specified in the configuration, will set the property to the given value.
immutable boolean Default: false. If true, the property will not be allowed to be updated once the plugin configuration has been created.
enum table Integer indexed table A list of accepted values for a property. Any value not included in this list will not be accepted.
regex string A valid PCRE regular expression A regex against which to validate the property's value.
schema table A nested schema definition If the property's type is table, defines a schema against which to validate those sub-properties.
func function A function to perform any custom validation on a property. See later examples for its parameters and return values.
• type: will cast the value retrieved from the request parameters. If the type is not one of the native Lua types, custom verification is performed against it:
• id: must be a string
• timestamp: must be a number
• url: must be a valid URL
• array: must be an integer-indexed table (equivalent of arrays in Lua). In the Admin API, such an array can either be sent by having several times the property's key with different values in the request's body, or comma-delimited through a single body parameter.
• unique: This property does not make sense for a plugin configuration, but is used when a plugin needs to store custom entities in the datastore.
• schema: if you need to perform deepened validation of nested properties, this field allows you to create a nested schema. Schema verification is recursive. Any level of nesting is valid, but bear in mind that this will affect the usability of your plugin.
• Any property attached to a configuration object but not present in your schema will also invalidate the said configuration.
Examples:
This schema.lua file for the key-auth plugin defines a default list of accepted parameter names for an API key, and a boolean whose default is set to false:
-- schema.lua
return {
no_consumer = true,
fields = {
key_names = {type = "array", required = true, default = {"apikey"}},
hide_credentials = {type = "boolean", default = false}
}
}
Hence, when implementing the access() function of your plugin in handler.lua and given that the user enabled the plugin with the default values, you'd have access to:
-- handler.lua
local BasePlugin = require "kong.plugins.base_plugin"
local CustomHandler = BasePlugin:extend()
function CustomHandler:new()
CustomHandler.super.new(self, "my-custom-plugin")
end
function CustomHandler:access(config)
CustomHandler.super.access(self)
print(config.key_names) -- {"apikey"}
print(config.hide_credentials) -- false
end
return CustomHandler
A more complex example, which could be used for an eventual logging plugin:
-- schema.lua
local function server_port(given_value, given_config)
-- Custom validation
if given_value > 65534 then
return false, "port value too high"
end
-- If environment is "development", 8080 will be the default port
if given_config.environment == "development" then
return true, nil, {port = 8080}
end
end
return {
fields = {
environment = {type = "string", required = true, enum = {"production", "development"}}
server = {
type = "table",
schema = {
host = {type = "url", default = "http://example.com"},
port = {type = "number", func = server_port, default = 80}
}
}
}
}
Such a configuration will allow a user to post the configuration to your plugin as follows:
$ curl -X POST http://kong:8001/apis/<api name>/plugins \
-d "name=<my-custom-plugin>" \
-d "config.environment=development" \
-d "config.server.host=http://localhost"
And the following will be available in handler.lua:
-- handler.lua
local BasePlugin = require "kong.plugins.base_plugin"
local CustomHandler = BasePlugin:extend()
function CustomHandler:new()
CustomHandler.super.new(self, "my-custom-plugin")
end
function CustomHandler:access(config)
CustomHandler.super.access(self)
print(config.environment) -- "development"
print(config.server.host) -- "http://localhost"
print(config.server.port) -- 8080
end
return CustomHandler
Next: Store custom entities › | ESSENTIALAI-STEM |
A protein encoded within the Down syndrome critical region is enriched in striated muscles and inhibits calcineurin signaling
Beverly Rothermel, Rick B. Vega, John Yang, Hai Wu, Rhonda Bassel-Duby, R. Sanders Williams
Research output: Contribution to journalArticlepeer-review
352 Scopus citations
Abstract
Here we describe a small family of proteins, termed MCIP1 and MCIP2 (for myocyte-enriched calcineurin interacting protein), that are expressed most abundantly in striated muscles and that form a physical complex with calcineurin A. MCIP1 is encoded by DSCR1, a gene located in the Down syndrome critical region. Expression of the MCIP family of proteins is up-regulated during muscle differentiation, and their forced overexpression inhibits calcineurin signaling to a muscle-specific target gene in a myocyte cell background. Binding of MCIP1 to calcineurin A requires sequence motifs that resemble calcineurin interacting domains found in NFAT proteins. The inhibitory action of MCIP1 involves a direct association with the catalytic domain of calcineurin, rather than interference with the function of downstream components of the calcineurin signaling pathway. The interaction between MCIP proteins and calcineurin may modulate calcineurin-dependent pathways that control hypertrophic growth and selective programs of gene expression in striated muscles.
Original languageEnglish (US)
Pages (from-to)8719-8725
Number of pages7
JournalJournal of Biological Chemistry
Volume275
Issue number12
DOIs
StatePublished - Mar 24 2000
ASJC Scopus subject areas
• Biochemistry
• Molecular Biology
• Cell Biology
Fingerprint
Dive into the research topics of 'A protein encoded within the Down syndrome critical region is enriched in striated muscles and inhibits calcineurin signaling'. Together they form a unique fingerprint.
Cite this | ESSENTIALAI-STEM |
R/r.R
#' Create or edit a .R file
#'
#' @param name File name, without extension; will create if it doesn't already
#' exist. If not specified, and you're currently in a test file, will guess
#' name based on test name.
#' @seealso [use_test()], and also the [R code
#' chapter](https://r-pkgs.org/r.html) of [R
#' Packages](https://r-pkgs.org).
#' @export
use_r <- function(name = NULL) {
name <- name %||% get_active_r_file(path = "tests/testthat")
name <- gsub("^test-", "", name)
name <- slug(name, "R")
check_file_name(name)
use_directory("R")
edit_file(proj_path("R", name))
invisible(TRUE)
}
check_file_name <- function(name) {
if (!valid_file_name(path_ext_remove(name))) {
ui_stop(c(
"{ui_value(name)} is not a valid file name. It should:",
"* Contain only ASCII letters, numbers, '-', and '_'."
))
}
name
}
valid_file_name <- function(x) {
grepl("^[a-zA-Z0-9._-]+$", x)
}
get_active_r_file <- function(path = "R") {
if (!rstudioapi::isAvailable()) {
ui_stop("Argument {ui_code('name')} must be specified.")
}
## rstudioapi can return a path like '~/path/to/file' where '~' means
## R's notion of user's home directory
active_file <- proj_path_prep(rstudioapi::getSourceEditorContext()$path)
rel_path <- proj_rel_path(active_file)
if (path_dir(rel_path) != path) {
ui_stop(c(
"Open file must be in the {ui_path(path)} directory of the active package.",
" * Actual path: {ui_path(rel_path)}"
))
}
ext <- path_ext(active_file)
if (toupper(ext) != "R") {
ui_stop(
"Open file must have {ui_value('.R')} or {ui_value('.r')} as extension,\\
not {ui_value(ext)}."
)
}
path_file(active_file)
}
Try the usethis package in your browser
Any scripts or data that you put into this service are public.
usethis documentation built on July 4, 2019, 5:05 p.m. | ESSENTIALAI-STEM |
-- MF Global’s Corzine May be Liable if Customer Risk Known
Jon S. Corzine, MF Global Holding
Ltd.’s former chief executive officer, may face potential legal
liability if investigators show he knew customer money might be
used when he ordered $200 million transferred to a U.K. account
as his brokerage neared collapse, former prosecutors said. The ex- Goldman Sachs Group Inc. (GS) co-chairman gave “direct
instructions” to move money from a U.S. account to meet an
overdraft with JPMorgan Chase & Co. (JPM) just days before MF Global’s
bankruptcy, according to a memo by congressional investigators.
Such accounts may have contained assets belonging to both
customers and MF Global. The U.S. Department of Justice and federal regulators are
investigating the firm’s Oct. 31 collapse. Corzine, a Democrat
from New Jersey who served in the U.S. Senate and as governor,
told Congress last year he never directed customer funds be used
improperly. Though showing he deliberately used customer money
would be the key to a criminal case, former prosecutors said
Corzine, who hasn’t been charged with any wrongdoing, could be
deemed liable in civil cases for misuse of customer money simply
for ordering the hole in JPMorgan’s account plugged, if it
turns out customer funds were used. “It’s not whether he specified,” John Moscow, a former
chief prosecutor in the office of Manhattan District Attorney
Robert Morgenthau, said yesterday in an interview. “The
economics of the situation were he was out of money. The bottom
line is, he was taking a risk with somebody else’s money.” In a casino, said Moscow, now with Baker Hostetler LLP in
New York, “if I put your money on the table, I’ve committed
larceny as soon as I expose it to risk.” Hearing This Week Andrew Levander, a lawyer for Corzine, didn’t return a call
or e-mail after normal business hours seeking comment on the
probe. A congressional hearing on the issue is set for this week. MF Global and its brokerage sought Chapter 11 bankruptcy
protection in New York after a $6.3 billion bet on the bonds of
some of Europe ’s most indebted nations prompted regulator
concerns and a credit-rating downgrade. Corzine, 65, quit MF
Global Nov. 4. The bankruptcy trustee overseeing the liquidation
of the company’s brokerage subsidiary has estimated a $1.6
billion shortfall between customer claims and assets available. Edith O’Brien, a treasurer for New York-based MF Global,
said in an e-mail quoted in the Congressional memo that the $200
million transfer was “Per JC’s direct instructions,” according
to a copy of the memo obtained by Bloomberg News. The e-mail, dated Oct. 28, was sent three days before the
company collapsed, according to the document. The account may
have contained both client and company funds, the memo states. Internal E-Mail O’Brien’s internal e-mail was sent as MF Global found
intraday credit lines limited by New York-based JPMorgan, the
firm’s clearing bank as well as one of its custodian banks for
segregated customer funds, according to the memo. Barry Zubrow, JPMorgan’s chief risk officer, called Corzine
to seek assurances that the funds belonged to MF Global and not
customers. JPMorgan drafted a letter to be signed by O’Brien to
ensure that MF Global was complying with rules requiring
customers’ collateral to be segregated. The letter wasn’t
returned to JPMorgan, according to the memo. JPMorgan was given
verbal assurance that the transfer followed the rules, according
to a person familiar with the transaction. The assurance was given by O’Brien or someone in her
office, said the person, who declined to be identified because
the communications were private. Reid Weingarten , O’Brien’s
lawyer, didn’t respond to calls or an e-mail seeking comment
after normal business hours. Firm's Collapse The congressional memo was prepared for a March 28 House
Financial Services subcommittee hearing on the firm’s collapse.
O’Brien is scheduled to testify, having been subpoenaed. Steven Goldberg, a spokesman for Corzine, said in a
statement yesterday it was Corzine's ``understanding that on
the evening of Oct. 27, MF Global had substantial hundreds of
millions of dollars in cash and free collateral available.'' Goldberg said last week that the former MF Global chief
“never gave any instruction to misuse customer funds and never
intended anyone at MF Global to misuse customer funds.” The Congressional memo’s account of the e-mail exchanges
involving O’Brien aligns with what Terrence Duffy , executive
chairman at CME Group Inc. (CME) , told lawmakers during a December
hearing. Auditors at CME, which had authority to oversee MF
Global, learned from an employee of the brokerage that Corzine
knew about the loans involving a European affiliate, Duffy told
committee members. Michael Clark, a former federal prosecutor who has handled
financial fraud cases, said the government may be able to show
“that Corzine and the staffers knew at that time the request
was made that it necessarily meant they’d have to pull funds
without authorization from other customer accounts.” Vulnerable to Litigation Clark, now with the law firm Duane Morris LLP in Houston,
said the actions of Corzine’s employees may make him vulnerable
to litigation. “The law recognizes that a principal can be liable for the
actions of his agents under such circumstances,” he said. Proving intent to abuse customer money “can be shown by
direct evidence, such as documented instructions or staffers’
testimony, or by circumstantial evidence of intent showing he
was willfully blind in that he chose to ignore what otherwise
would have been obvious to him under the circumstances,” Clark
said. If Corzine asked employees to take funds temporarily from
client accounts, the lawyer said, “the liability is more direct
since that violates fiduciary and other legal duties owed to
customers and the government.” Transfer of Funds Gerald Shargel, a criminal defense lawyer in New York ,
agreed with Clark, saying if Corzine is found to have directed
the transfer of funds, a case for fraud could be brought based
on a manager’s breach of fiduciary duty to clients. Even if Corzine didn’t specify to O’Brien that she use
client funds, but demanded that “needed” funds be transferred
to JPMorgan while knowing there wasn’t enough company funds to
make up the amount, the government may have a strong case,
Shargel said. If Corzine knew there wasn’t enough money to complete
a transfer without dipping into client funds, there would be
circumstantial evidence that could make a stronger case than
testimony from O’Brien saying she was told specifically to take
client funds, he said. “When you have a web of circumstantial evidence, it’s
stronger than a direct-evidence case: it doesn’t depend on
memory, opportunity, bias, or hostility from an employee, who
might be trying to get out from their own problems,’’ Shargel
said. Evade Restrictions There may also be liability if money was moved to another
country to evade restrictions in the U.S. on such use of
customer money, said Moscow. In addition, securities laws may have been violated if
Corzine failed to disclose to customers that the transfer abroad
would affect their title to the funds, he said. That would apply
even if the fine print in the customer contract specified that
funds might be transferred to an affiliate, Moscow said. In addition to federal probes, Corzine and other former MF
Global executives face a group-investor lawsuit over whether
they broke rules governing customer protection. The threshold
for success in such civil litigation is far lower than the
standard needed in a criminal prosecution. The lawsuit, led by the Virginia Retirement System, alleged
that Corzine made misleading statements that inflated the prices
of MF Global securities. Separately, commodities customers are
competing to lead another group lawsuit against Corzine. Scheduled to Appear At the hearing in Washington this week, O’Brien is
scheduled to appear along with Christine Serwinski and Laurie Ferber, two other MF Global executives named by Corzine as being
involved in the transaction, according to the Congressional memo. Henri Steenkamp, the firm’s chief financial officer, is
also scheduled to testify, as are representatives from JPMorgan
and the Financial Accounting Standards Board who haven’t yet
been identified. Representative Spencer Bachus , the chairman of the
Financial Services Committee, said last week in a statement that
the investigations subcommittee will try “to learn whether the
liquidity crunch at MF Global led someone to improperly use
customer funds to meet the firm’s need for cash.’’ The five-page Congressional memo, which was drafted by
committee staff and circulated to lawmakers on March 23, lays
out a final week when the firm faced ratings downgrades,
increasing margin calls and cuts to intraday credit lines. Showed the Shortfall By the evening of Oct. 30, O’Brien provided Serwinski, the
chief financial officer for MF Global Inc., with a document that
showed the shortfall in customer segregated funds was the result
of three different transactions, according to the memo. Those transactions -- intraday loans between MF Global’s
futures commission merchant and its broker dealer, the funding
of outgoing client funds and a $175 million transfer to MF
Global’s London office -- totaled $909 million, according to the
memo. Corzine, in testimony before the House panel in December,
said he didn’t order any improper transfer of customer funds. He
also testified that he never intended a misuse of customer funds
at MF Global, and that he doesn’t know where client funds went. “I never gave any instruction to misuse customer funds, I
never intended anyone at MF Global to misuse customer funds and
I don’t believe that anything I said could reasonably have been
interpreted as an instruction to misuse customer funds,”
Corzine told lawmakers in December. Final Day Yesterday, the New York Times reported Corzine was told
during the brokerage firm's final day of business that a
transfer of $175 million to JPMorgan came from the firm's own
money, rather than from a customer account, according to an
internal e-mail sent by an executive in MF Global's Chicago
office. The transfer, the e-mail said, was a "House Wire,"
meaning that it came from the firm's own money, the newspaper
reported. The Times said the transfer followed an earlier
asset move that sent $200 million of customer money into the
account, citing unidentified people familiar with the matter. Goldberg, Corzine's spokesman, said the ex-CEO didn’t
specify which funds should be used to replenish the JPMorgan
account. “He never directed Ms. O’Brien or anyone else regarding
which account should be used to cure the overdrafts, and he
never directed that customer funds should be used for that
purpose,” Goldberg said. “Nor was he informed that customer
funds had been used for that purpose.” The brokerage case is Securities Investor Protection Corp.
v. MF Global Inc., 11-02790, U.S. District Court, Southern
District of New York; The parent’s bankruptcy case is MF Global
Holdings Ltd., 11-bk-15059, U.S. Bankruptcy Court , Southern
District of New York (Manhattan). To contact the reporters on this story:
Linda Sandler in New York at lsandler@bloomberg.net ;
Phil Mattingly in Washington at pmattingly@bloomberg.net . To contact the editors responsible for this story:
John Pickering at jpickering@bloomberg.net ;
Maura Reynolds at
mreynolds34@bloomberg.net . | NEWS-MULTISOURCE |
Page:Treatise of Human Nature (1888).djvu/304
282 common to all of them, on which their efficacy depends.
Besides, we find in the course of nature, that tho' the effects be many, the principles, from which they arise, are commonly but few and simple, and that 'tis the sign of an unskilful naturalist to have recourse to a different quality, in order to explain every different operation. How much more must this be true with regard to the human mind, which being so confin'd a subject may justly be thought incapable of containing such a monstrous heap of principles, as wou'd be necessary to excite the passions of pride and humility, were each distinct cause adapted to the passion by a distinct set of principles?
Here, therefore, moral philosophy is in the same condition as natural, with regard to astronomy before the time of Copernicus. The antients, tho' sensible of that maxim, that nature does nothing in vain, contriv'd such intricate systems of the heavens, as seem'd inconsistent with true philosophy, and gave place at last to something more simple and natural. To invent without scruple a new principle to every new phenomenon, instead of adapting it to the old; to overload our hypotheses with a variety of this kind; are certain proofs, that none of these principles is the just one, and that we only desire, by a number of falsehoods, to cover our ignorance of the truth.
we have establish'd two truths without any obstacle or difficulty, that ’tis from natural principles this variety of causes excite pride and humility, and that ’tis not by a different principle each different cause is adapted to its passion. We shall now proceed to enquire how we may reduce these principles to a lesser number, and find among the causes something common, on which their influence depends.
| WIKI |
Talk:City of Happy Valley
Meadows vs Happy Valley
The nature of the LGA appears to have changed between 1935 and 1983 such that the council seat at Meadows no longer applied and an civic town centre in Happy Valley or O'Halloran Hill (it's hard to nail it down yet) was in place instead. Might mean the article needs to be split in two to account for the separate history as a rural district until circa 1980 and then an urban + semi-rural one thereafter. Donama (talk) 06:31, 4 October 2017 (UTC)
* In 1983 just prior to the name change, the council did a big historic survey which helps visualise the shape and nature of the district. See: https://data.environment.sa.gov.au/Content/heritage-surveys/2-Meadows-Heritage-1983.pdf Donama (talk) 05:31, 15 December 2017 (UTC) | WIKI |
Talk:Saint Pierre and Miquelon
Flag in the infobox
I am seeing some battling about the flag in the infobox. Could we not put them both there? Perhaps with a note that the other does not have "official status"?--Darryl Kerrigan (talk) 23:08, 30 May 2020 (UTC)
* I see continue edit warring about the official and unofficial/defacto flag. Is there any reason we can not include both? One labeled official and the other defacto? It would be nice to put this edit warring to rest.--Darryl Kerrigan (talk) 20:18, 22 September 2020 (UTC)
I would like to know about the symbols. Is the one in the middle Breton? I recognise the Basques on the top and the Normans on the bottom, and the article says those three groups settled it. 2A00:23C7:E287:1900:6164:96C7:764C:41AC (talk) 13:57, 16 January 2022 (UTC)
New France? Really?
The lead says the islands are the part of New France remaining in North america. Is this correct? France ceded them to GB in 1713. In 1763 France lost all of New France. As a seperate term of the 1763 treaty GB gave the islands to France. So, no, they are not remants of NF, they were given to France by GB as part of the fishing rights terms. Should I amend the article accordingly? Roger 8 Roger (talk) 21:46, 23 February 2021 (UTC)
* Ping - Chipmunkdavis, TCssss34, Wee Curry Monster. I noticed some recent edit changes today and thought it worth asking for opinions. Aside from the issue of wheather the French Antilles are part of New France, is it correct to call these islands remnants of New France, as I asked above. I know the CIA site says they are but CIA is not bullet proof. Roger 8 Roger (talk) 09:05, 22 September 2021 (UTC)
* They were part of New France and they are the only part of New France remaining see ,. WCM email 09:22, 22 September 2021 (UTC)
* The chain of events here is that the text originally read "It is the only remaining vestige of French sovereignty in North America", the accuracy of which depends on what is meant by "North America". It was changed on 15 August to add the note of the Antilles. A few days ago Hazhk noticed how ridiculous that sounded and changed it here. I thought it better to reword to address the meaning of the CIA source, which clearly referred to New France, given this is a relevant historical point rather than verging on trivia. Vandalism by TCssss34 brought it back to the somewhat ridiculous trivia prose, and Largoplazo encountered that version and reasonably removed it as weird trivia. I then restored my New France version.I don't have a strong opinion on my specific inclusion (other than that it should be considered on the correct merits rather than the triva version), although I suspect it would be included in some way as part of a wider coverage of history in a more developed lead. Googling around sources do seem to refer to it as a remnant of New France, including ones pre-Wikipedia, and many even use the "North America" formulation that caused confusion here. CMD (talk) 10:07, 22 September 2021 (UTC)
* Are you saying, WCM, - and the sources are saying, (Nester, p3) - that being ceded to GB in 1715 did not stop them being still part of New France, just now New France under GB control? There are sources in the body below that appear to contradict Nestor, in that the islands were not retained in 1763 by France but rather ceded to France. Roger 8 Roger (talk) 10:16, 22 September 2021 (UTC)
* Thank you CMD for that thorough explanation. My original question above predated the more recent stuff about the Antilles. I am still a little puzzled at apparant contradictions of sources and that it is beyond doubt that the islands became British in 1715. I notice that the fishing rights were not removed in 1715, so was it those rights (being a non-tangible part of NF) that were retained, and we refer to the islands as being retained (because they were an intergral part of the fishing rights), and over time people have focussed on the islands rather than the fishing rights, rights that were later given up. Roger 8 Roger (talk) 10:35, 22 September 2021 (UTC)
* No I'm not saying anything of the sort, simply it's the only remaining territory that was part of New France that remains in North America. WCM email 11:03, 22 September 2021 (UTC)
* I think you'll find out that the rest of North America also remains in North America. --<IP_ADDRESS> (talk) 11:53, 19 December 2022 (UTC)
Hurricane
Did Hurricane Fima strike Saint Pierre <IP_ADDRESS> (talk) 16:15, 25 September 2022 (UTC)
A Commons file used on this page or its Wikidata item has been nominated for deletion
The following Wikimedia Commons file used on this page or its Wikidata item has been nominated for deletion: Participate in the deletion discussion at the nomination page. —Community Tech bot (talk) 15:21, 23 March 2023 (UTC)
* Saint Pierre and Miquelon Product Exports (2019).svg | WIKI |
Irish Examiner
The Irish Examiner, formerly The Cork Examiner and then The Examiner, is an Irish national daily newspaper which primarily circulates in the Munster region surrounding its base in Cork, though it is available throughout the country.
19th and early 20th centuries
The paper was founded by John Francis Maguire under the title The Cork Examiner in 1841 in support of the Catholic Emancipation and tenant rights work of Daniel O'Connell. Historical copies of The Cork Examiner, dating back to 1841, are available to search and view in digitised form at the Irish Newspaper Archives website and British Newspaper Archive.
During the Irish War of Independence and Irish Civil War, the Cork Examiner (along with other nationalist newspapers) was subject to censorship and suppression.
At the time of the Spanish Civil War, the Cork Examiner reportedly took a strongly pro-Franco tone in its coverage of the conflict. As of the early to mid-20th century, the newspaper reportedly catered to a "socially-conservative reader base" and reflected a "conservative nationalist agenda".
Renaming and ownership
Published as The Cork Examiner from 1841 until 1996, the newspaper was renamed The Examiner in 1996. Since 2000 it has been published as The Irish Examiner, to appeal to a wider national readership.
The newspaper, along with 'sister paper' the Evening Echo, was part of the Thomas Crosbie Holdings group. Thomas Crosbie Holdings went into receivership in March 2013. The newspaper was acquired by Landmark Media Investments.
, its chief executive was Thomas J. Murphy, and its editor was Tim Vaughan. Vaughan left the group in August 2016.
The newspaper was based at Academy Street, Cork for over a century, before moving to new offices at Lapp's Quay, Cork in early November 2006, and subsequently to editorial offices at Blackpool, Cork, with a sales office in Oliver Plunkett Street.
Sale to The Irish Times
In February 2017, it was reported that Landmark Media Investments had appointed KPMG to advise on a range of options, including an Independent News and Media link with the Irish Examiner.
In March 2017, it was reported that The Irish Times might bid for the Irish Examiner, and by April 2017 both The Irish Times and INM had entered a sales process and signed non-disclosure agreements.
In May 2017, it was reported that Sunrise Media and The Irish Times were exploring an acquisition, and a sale was agreed to The Irish Times in December 2017, pending regulatory approval. The sale to The Irish Times was completed in July 2018.
As of 2021, its editorial policy has been described as centrist or conservative; the Eurotopics website described the political orientation of the Irish Examiner as liberal.
Circulation
Average print circulation was approximately 57,000 copies per issue in 1990, had risen to 62,000 by 1999, had decreased to 50,000 by 2009, and was approximately 28,000 by 2017. Reflecting a changing trend in newspaper sales, the Examiner markets to advertisers on the basis of its print and online audience, stating in 2017 that "236,000 people read the Irish Examiner in print or online every day".
The Irish Examiner exited ABC circulation audits in 2020. | WIKI |
Radziwiłłów
Radziwiłłów is a Polish toponym referring to the Radziwiłł noble family. It may refer to:
* Radziwiłłów, Greater Poland Voivodeship, village in Greater Poland Voivodeship
* Radziwiłłów, Masovian Voivodeship, village in Masovian Voivodeship
* Radyvyliv, town in Ukraine (formerly in Poland) | WIKI |
Page:Shivaji and His Times.djvu/291
1664] traders, and therefore the king sent them a farman promising that they would be left in peace at Karwar and would have to pay no other duties than they had formerly done. Then the factory was reestablished at Karwar. (F. R. Surat, Vol. 2, Consult., 14th August 1663.)
In 1664 the war with Bednur was renewed. Shivappa Nayak, evidently an old man, died soon after his defeat by the Bijapuris in 1663. His son and successor, Soma Shekhar, was murdered by his Brahmans, and an infant grandson named Basava was set up on the throne under the regency of his mother Chennammaji and her favourite Timmaya Nayak, a toddy-seller, who "by his cunning policy raised himself to be general and protector" of the realm. At this revolution Ali Adil Shah II. was so incensed that he sent his generals, Bahlol Khan and Sayyid Iliyas Sharza Khan, to invade Bednur from two sides (April 1664.) [F. R. Surat 104, Karwar to Surat, !8th April 1664. Fryer, i. 41-42.) By this time Rustam-i-Zaman seems to have returned to favour at Court. Muhammad Ikhlas Khan was transferred from the Government of Karwar and his friends from that of Ankola, Shiveshwar (or Halekot), Kadra and other places in North Kanara and these tracts were given to three of Rustam's sons. In August Rustam himself was ordered to go to that region with two other Bijapuri | WIKI |
Blog
Introduction To Metal Laser Cutting
Metal laser cutting is a highly precise and efficient method of slicing through various types of metals using a focused laser beam. At its core, the process involves directing a high-powered laser beam onto the surface of the metal, melting or vaporizing it with intense heat. The focused energy makes it possible to achieve intricate cuts and shapes with minimal distortion.
The key component in metal laser cutting is the laser itself. Different types of lasers can be used for this purpose, including CO2 and fibre lasers. CO2 lasers are known for their versatility and ability to cut through thicker materials, while fibre lasers offer higher precision and faster cutting speeds. Check out everything you need to know about this process.
Advantages and Applications of Metal Laser Cutting
Simple operation with precision:
One of the key advantages of metal laser cutting is its ability to produce intricate and complex designs. The precision offered by lasers allows for the creation of intricate patterns and shapes that may not be achievable with traditional cutting methods. This makes it an ideal choice for industries such as automotive, aerospace, and jewelry manufacturing, where intricate detailing is often required.
High-speed operation:
In addition to precision, another advantage of metal laser cutting is its speed. Laser machines can cut through metals rapidly, reducing production time significantly compared to other methods. This increased speed improves productivity and enables manufacturers to meet tight deadlines more effectively.
Almost zero physical contact:
Furthermore, metal laser cutting offers a non-contact process that eliminates the need for physical contact between the tool and the material being cut. As a result, there is minimal risk of damage or distortion during the cutting process. This makes it suitable for delicate materials like thin sheets or fragile components.
Versatility:
The versatility of metal laser cutting extends beyond just straight cuts; it can also create bevels, chamfers, or even engrave surfaces with precision detail. With this versatility comes a wide range of applications across different industries including signage making, architectural design elements fabrication, medical device manufacturing, etc.
Metal Tronics Inc. is where you should come if you seek quality service in metal laser cutting or metal fabrication in Mississauga, Ontario. Call us today! | ESSENTIALAI-STEM |
Page:Messages of the President of the United States on the Relations of the United States to Spain (1898).djvu/58
Rh Hence the almost impossibility with the utmost watchfulness and using every practicable safeguard to prevent some loss of cane by the fires started, often under cover of darkness, by the stealthy incendiaries familiar with the locality and always on the alert for an opportunity to apply the torch.
The sugar crop is the support of all classes and especially of the laboring class, and should it be in large part destroyed a famine in reality would be inevitable.
United States Consul.
Matanzas, November 17, 1897.
I have the honor to submit the following report concerning present condition of affairs in this province and city.
New civil governor, Francisco de Armas, assumed the duties of his office Thursday, 11th instant. As the autonomist * * * governor of this province, his reception was cold and informal. Spaniards, as well as Cubans, are not in sympathy with proposed autonomy and reforms. A memorial to Her Majesty, Queen Regent of Spain, extensively signed by leading Spaniards of province, asking that reform bill be not signed. This wilt be cabled in a day or two.
Starvation.—No relief as yet afforded the starving thousands in this province. Several days ago an order from Captain Gin was given municipal authorities to issue rations and clothing, but no attention is paid the order.
Death rate in this city over 80 persons daily, and nearly all from want of food, medicines, and clothing. As I write this a dead negro woman lies in the street, within 200 yards of this consulate, starved to death; died some time this morning, and will lie there, maybe, for days. The misery and destitution in this city and other towns in the interior are beyond description.
A general order has been issued allowing reconcentrados to return to the country, but the restrictions placed in order are such as to practically prohibit. If they went, what can they do without money, food, or shelter? Only those who can obtain employment on sugar plantations can live. Insurgents say no one will be allowed to grind in province of Matanzas. The situation is indeed deplorable, and I am free to say no real help can be expected from Spanish Government, and the fate of the remaining reconcentrados is slow, lingering death from starvation.
Insurgents are numerous and quite active the past ten days. In an engagement Saturday, 13th, near Mocha, 8 miles from this city, Spanish troops were defeated with serious loss and forced to retreat. Several sugar plantations report cane burned by insurgents, and the general opinion is little or no sugar will be made this season.
I am, etc.,
United States Consul. | WIKI |
Debugging ERB Templates
Hello and apologies if this has been asked before. I am updating script.sh.erb and form.yml with custom logic around some of the context variables.
#!/usr/bin/env bash
# Benchmark info
echo "TIMING - Starting main script at: $(date)"
# Set working directory to home directory
cd "${HOME}"
#
# Start Jupyter Notebook Server
#
<%- unless context.modules.blank? -%>
# Purge the module environment to avoid conflicts
module purge
# Load the require modules
<%- modules = context.modules.split() -%>
<%- for module in modules -%>
module load <%= module %>
<%- end -%>
# List loaded modules
module list
<%- end -%>
# Benchmark info
echo "TIMING - Starting jupyter at: $(date)"
# Launch the Jupyter Notebook Server
set -x
jupyter notebook --config="${CONFIG_FILE}" <%= context.extra_jupyter_args %>
I have had issues with custom variables not working or rendering properly, and they either failed silently through my interactive testing from within the OOD form, or they print an obfuscated error message.
I would love to be able to get debug output, or get an integrated console where I can interact with the objects. Are there any recommendations around how to debug things like this?
This is something I’ve also faced, and I usually just do a echo "looking for: <%= the thing I'm looking for %>" type strategy. I’ve also tried converting the file as described in this Github Gist with some success.
Maybe we need to implement a ‘dry-run’ type feature to see what all the templates would end up rendering as? I think that would be helpful. But yes, sometimes ruby & erb errors can be kind of cryptic and unfortunately I’m not sure there’s much we can do about that.
As an aside, for this loop specifically, you could just do something as simple as module load <%= modules %>. That should work for you in this case. It’s what we do all the time, and we often load several modules. module load X Y Z works just fine without the need to loop.
On the face of it, having a ‘dry-run’ or ‘render this’ or ‘preview’ function sounds incredibly useful.
@jeff.ohrstrom: Thanks so much for the echo idea! Would something like this work for the form.yml as well? I am unsure where failures within the rendering of that file are logged. I can see this being great for script.sh.erb since this will just log to the output.log file for that session directory. I think the dry run or preview rendering would be extremely helpful! :grinning:
Just to give you a little context here, I was using the standard module load <%= modules %> convention; however, we started using internal arbitrary convention called ‘app spaces’ in Lmod which requires loading a department’s app space prior to loading the modules. Therefore, I need to have the spaces/chemistry module loaded prior to loading that department’s specific module.
Colin,
We do something similar here, where we put, say samtools into a separate module tree that is not added automatically to the MODULEPATH. We have a module called ‘Bioinformatics’ that adds that tree to MODULEPATH (and nothing more). So, to load samtools, one first has to load Bioinformatics. If that is your scenario, also, then you should still be able to load on one line.
module load Bioinformatics samtools
If you are running module use to get the spaces/chemistry module path added, you could put that into a module and use the module command as above. We put module files for those into a separate tree and label them ‘Collections’.
In case that helps any with your situation.
Happy to send you files, too, if you would like.
Interesting, @bennet: with module use, are you specifying a particular module path? Our app spaces convention is based on this.
https://lmod.readthedocs.io/en/latest/350_community.html
We are not using module use at all. We are using the ‘gateway’ module scheme, I think I just started calling it collections before I know about the ‘gateway’ terminology. So we start off with these directories in MODULEPATH
/sw/modules/Core
/sw/modulesCollections
Core contains regular applications, and Collections contains the collection/gateway modules. So,
/sw/modules/Collections/Bioinformatics.lua
/sw/modules/Collections/Chemistry.lua
et al. Each of those simply prepends the path to the collection to MODULEPATH, so, for example, Bioinformatics.lua contains
prepend_path(“MODULEPATH”, ‘/sw/modules/Bioinformatics’)
None of the collections are so big that we find a spider cache for them necessary.
So, if someone does a
$ module load Bioinformatics
an additional directory gets added to the module path. I think this corresponds to what you are calling ‘spaces/category’.
We like this because the ‘Collections’ are visible as modules to the users, we include help messages for users to learn more about what is in them, and they are usable with the load/unload commands, so people don’t get intimidated by module use /some/possibly/long/path commands.
If I have no modules loaded, I get
$ module av samtools
No modules found!
Use “module spider” to find all possible modules.
and if I follow that advice, I get,
$ module spider samtools
Thanks for clarifying, @bennet, that sounds exactly like what we have implemented. It sounds like you are in the same boat where you need to module load Bioinformatics before you can load samtools for instance.
From the OOD point of view, does module load Bioinformatics samtools work, or do you have to load Bioinformatics module before you try to load samtools. The issue I had, is that in our environment, I had to load chemistry gateway module which presumably injected the “space” into MODULEPATH before I could load cdd/prd modulefile.
This is why I converted the module load to a loop in the script.sh.erb template. I am waving my hands a little bit here because I wasn’t the guy that implemented the Lmod app spaces/gateway modules :D.
I’m dealing with ERB parse errors as well (with form.yml.erb). It would seem that if there’s a problem, OOD simply omits the app from the sandbox. So far, though, I haven’t figured out where the error messages (if any) end up. Not in the nginx logs.
Any ideas? These are crucial.
If you go directly to the app URL you should see the error in the response.
The app will also appear in the “My Sandbox Apps” accessible from develop menu if it is in your home directory. But currently if there is an exception raised by the erb code the link to the app in the navbar for production deployed apps will not appear, and it doesn’t appear anywhere in the side bar of apps when looking at sessions or an app web form.
If you are dealing with a non desktop app, the URL will look like https://ondemand-test.osc.edu/pun/sys/dashboard/batch_connect/dev/bc_osc_paraview/session_contexts/new or https://ondemand-test.osc.edu/pun/sys/dashboard/batch_connect/sys/bc_osc_ansys_workbench/session_contexts/new where the two parts of the path that change from app to app are the dev/bc_osc_paraview or sys/bc_osc_ansys_workbench.
We should fix this issue where the link to the app doesn’t display if an exception is raised.
@garveyc1 Colin, sorry, I missed this at the time you posted.
You can load the Bioinformatics module on the same line as the samtools module, as they are processed left-to-right. At least that is so in a terminal.
$ module load Bioinformatics samtools
$ module list
Currently Loaded Modules:
1) Bioinformatics 2) samtools/1.5
I believe that should work in script.sh.erb as well, since that gets rendered and run as a shell script.
We have also implemented the use.own module that does nothing but add a user’s personal module directory to the MODULEPATH.
$ cat modulefiles/Core/use.own/1.0.lua
-- Where private modules should go?
local ownmoddir = pathJoin(os.getenv("HOME"), "Lmod")
-- Warn if directory does not exist
if (mode() == "load" and not isDir(ownmoddir)) then
LmodMessage("\nYou do not have a personal module directory, " .. ownmoddir)
LmodMessage("\nPlease run\n\n $ my_modules_setup\n\nto do so.\n")
end
prepend_path("MODULEPATH", ownmoddir)
A similar approach could be used to provide the user’s personal module directory, if that were ever appropriate.
This reply is very late, but perhaps it will help someone anyway. | ESSENTIALAI-STEM |
Fraizer
Fraizer is both a given name and a surname. Notable people with the name include:
Given name
* Fraizer Campbell (b. 1987), English footballer
Surname
* Mark Fraizer (b. 1988), American politician
* Alexander Fraizer (c. 1610 – 1681), Scottish physician
* Matthew Fraizer (b. 1998), American baseball player
* Nelson Fraizer (1971–2014), American professional wrestler
* Stanley C. Fraizer (1971–2014), American professional wrestler | WIKI |
NSLookup Usage Explained in Terms You Can Understand
Trying to learn what NSlookup means can be difficult as most websites tend to use very technical terms and definitions. However, the following information should clear things up a bit. Before you learn how to use NSlookup, understanding what it is is necessary.
Definition
NSlookup is a network uti8ly application that is used to get data about Internet servers. Its main function is to locate name server data by making DNS queries.
How to Use
Almost all operating systems have a command line application called nslookup.exe. There are also networks that provide the application or a similar service on the web and do server lookups.
If you are running Windows, you need to start a command prompt and then load the program with this command:
C:> nslookup
Default Server: resolver1.opendns.com
Address: 208.67.222.222
>
What this does is check what DNS is set up on the computer.
Nslookup.exe. will respond with the primary IP address linked to the specified domain name. Suppose you want to know the primary address of xyz.com, it would look something like this:
> xyz.com
Address: (numbers here)
Mail Server Lookup
If you are looking for mail server information on a specific domain, nslookup will use a DNS’ “MX record” feature. There are also some websites that offer support for both primary and backup servers, but not all do. If you want to do a mail server query, the command line is:
> set type=mx
> xyz.com
xyz.com MX preference = 100, mail exchanger = xyz.com.mail9.psmtp.com
xyz.com MX preference = 200, mail exchanger = xyz.com.mail10.psmtp.com
xyz.com MX preference = 300, mail exchanger = xyz.com.mail11.psmtp.com
xyz.com MX preference = 400, mail exchanger = xyz.com.mail12.psmtp.com
Other Types of Nslookup Queries
This program can also query other seldom used DNS records like SOA, PTR and CNAME and SOA. If you type a question mark at the prompt it will allow the application to print the program’s help file.
More about Using Nslookup.exe in Windows
Before you use the command in Windows, keep in mind that it is an administrative tool designed for testing and resolving problems with DNS servers. There is no need for any manual installation because it is installed with the TCP/IP protocol. Before you can use the utility, you need the TCP/IP protocol to be installed and working. You must then specify a minimum of one DNS server. If not, the IPCONFIG /ALL command won’t run.
Also remember that the utility will devolve based on the current context name. If a name is not fully qualified for the query, it will be appended to the present context. Note: if you are implementing the search list at the Domain Suffix Search Order, devolution will not take place. If you don’t want to use the search list, always utilize a Fully Qualified Domain Name.
The utility can be used in the following modes: noninteractive and interactive. Noninteractive mode can only be used if a single data has to be returned. To use noninteractive use this syntax:
Nslookup [-option] [hostname] [server]
If you want to run interactive mode go to a command prompt and type:
C:> nslookup
Default Server: nameserver1.domain.com
Address: 10.0.0.1
>
As long as you know what syntax to use, learning how to use NSlookup won’t be too hard. Although you probably won’t use the command often , it helps to know what they are in case there is a problem with the DNS server.
Jerry is a free lancer writer of http://www.everydayguide.com/ and currently he is understanding the basics of networking like nslookup, ping, loopback address and many more concepts.
| ESSENTIALAI-STEM |
Kryptel/Java - interface IEncryptedFileStorageInfo
Loading…
Kryptel/Java
IEncryptedFileStorageInfo interface
Declaration
package com.kryptel.storage;
public interface IEncryptedFileStorageInfo extends IEncryptedStorageInfo {
long GetFileStorageCapabilities() throws Exception;
FileStorageStatistics GetFileStorageStatistics() throws Exception;
String GetDescription() throws Exception;
}
Description
This interface extends IEncryptedStorageInfo adding information specific to file agents.
GetFileStorageCapabilities
long GetFileStorageCapabilities() throws Exception;
The function result is the storage capability mask as returned by IEncryptedStorageInfo.GetStorageCapabilities supplemented by agent-specific flags.
The lower 32 bits contain Constants.ESTOR_* flags returned by underlying storage handler; the upper 32 bits (from 32nd to 63rd) contain additional Constants.EFSTOR_* flags.
Unlike the other IEncryptedFileStorageInfo functions, this function may be called even if there is no open container. In this case it returns generic storage capabilites.
GetFileStorageStatistics
FileStorageStatistics GetFileStorageStatistics() throws Exception;
Returns FileStorageStatistics structure with file object counters.
This function returns null if the storage does not support statistics (i.e. EFSTOR_FILE_STORAGE_STATISTICS flag in the storage capabilites mask is not set).
GetDescription
String GetDescription() throws Exception;
Returns the unencrypted container description or null if the container does not have one. | ESSENTIALAI-STEM |
Know Cancer
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A Phase I/II Study of Paclitaxel, Carboplatin and YM155 (Survivin Suppressor) in Subjects With Solid Tumors (Phase I) and Advanced Non-Small Cell Lung Carcinoma (Phase II)
Phase 1/Phase 2
18 Years
N/A
Not Enrolling
Both
NSCLC, Solid Tumors
Thank you
Trial Information
A Phase I/II Study of Paclitaxel, Carboplatin and YM155 (Survivin Suppressor) in Subjects With Solid Tumors (Phase I) and Advanced Non-Small Cell Lung Carcinoma (Phase II)
Background:
- Treatment with platinum-based doublet chemotherapy results in a median survival of 7 to
10 months in patients with locally advanced or metastatic non-small cell lung cancer
(NSCLC).
- Carboplatin-paclitaxel is a commonly used regimen in advanced NSCLC and other solid
tumors. In a randomized clinical trial carboplatin, paclitaxel plus bevacizumab
resulted in improved efficacy (response rate and survival) compared to carboplatin and
paclitaxel alone but only patients with non-squamous histology and who were considered
low risk of bleeding were treated. Improvement of survival was not confirmed in another
randomized study with a different chemotherapy backbone.
- Novel treatment strategies need to be developed for advanced NSCLC.
- YM155 is a transcriptional inhibitor of survivin, an inhibitor of apoptosis protein.
Pre-clinical activity of YM155 has been observed in several solid tumors, including
NSCLC models and synergy was observed in combination with chemotherapeutic drugs,
including carboplatin and paclitaxel.
- YM155 has been investigated in several phase I and phase II clinical trials and it has
been shown to be well tolerated with the most common toxicities reported as being
reversible and of grades 1 -2 in severity. In addition, as a monotherapy YM155 alone
has shown modest antitumor activity in a phase II trial in advanced NSCLC in patients
who had failed one or two prior chemotherapy lines.
Primary Objectives:
- In the Phase I portion of the study the primary objective will be to determine a safe
and tolerable phase II dose of YM155 based upon dose limiting toxicities (DLTs) when
YM155 is administered over 72 hours by continuous intravenous infusion (CIVI) every 3
weeks in combination with paclitaxel and carboplatin.
- In the Phase II portion of the study the primary objective will be to determine the
objective response rate (ORR = partial response (PR)+ complete response (CR)) of YM155
in combination with carboplatin and paclitaxel in the first line treatment of patients
with advanced NSCLC.
Secondary Objectives:
- In the Phase I portion of the study the secondary objective will be to determine the
preliminary activity of the combination regimen based upon response rate as measured by
response evaluation criteria in solid tumors [RECIST].
- In the Phase II portion of the study the secondary objectives will be to determine the
median progression free survival (PFS), median overall survival (OS) and safety and
tolerability of this combination regimen in this patient population.
- To assess expression of particular genes on the pretreatment tumor and pre/post
treatment serum samples to evaluate the treatment effects and correlate them with
clinical outcome.
Eligibility:
Phase I
- The phase I portion of the trial will be open to all patients with recurrent or advanced
cancer (NSCLC and other solid tumors) for whom standard therapy offers no curative potential
and also in patients for whom the carboplatin / paclitaxel regimen is considered standard of
care. Patients should have received no more than one previous chemotherapy regimen.
Phase II
- Pathologically confirmed stage IIIB (malignant pleural effusion) or intravenous (IV) or
recurrent NSCLC.
- No previous chemotherapy for advanced lung cancer.
- Adequate organ and bone marrow function.
- Eastern Cooperative Oncology Group (ECOG) performance status of 0-2.
Design:
- Open label phase I/II trial
- Following a Simon two-stage optimal design
Inclusion Criteria
- INCLUSION CRITERIA:
Response should be YES
Phase 1 and 2:
1. Has a signed consent/assent been obtained by the patient or parent/legal guardian?
2. Is a male or female greater than or equal to 18 years old?
3. If patient has brain metastases, is it asymptomatic and does not require steroids or
antiepileptic mediations?
4. Has Eastern Cooperative Oncology Group (ECOG) performance status of 0-2 (Karnofsky >
60%)?
5. Has adequate bone marrow, renal, and hepatic function:
1. Absolute neutrophil count (ANC) greater than or equal to 1,500/m^3?
2. Hemoglobin greater than or equal to 10.0g/dl?
3. Platelets greater than or equal to 100,000/m^3?
4. Has adequate renal function defined as serum creatinine < upper limit of normal
(ULN) or calculated creatinine clearance > 60 mL/min?
5. Aspartate aminotransferase (AST)/serum glutamic oxaloacetic transaminase (SGOT)
and alanine aminotransferase (ALT)/serum glutamic pyruvic transaminase (SGPT)
less than or equal to 2.5 times ULN?
6. Total bilirubin less than or equal to 1.5 times ULN (in patients with evidence
of Gilberts disease, elevated bilirubin should not be related to tumor or other
liver diseases and should be less than or equal 2 times upper limit of normal)?
6. Has negative human immunodeficiency virus (HIV) test?
7. If female, has negative pregnancy test?
8. Both male and female patients are willing to consent to using effective contraception
(hormonal, barrier method or abstinence) prior to study entry, while on treatment and
at least 3 months thereafter?
Phase 1 only:
1. Has recurrent or advanced cancer for whom standard therapy offers no curative
potential and also for patients for whom the carboplatin/paclitaxel regimen is
considered standard of care?
2. Has received no more than one previous chemotherapy regimen?
3. Has evaluable disease by Response Evaluation Criteria in Solid Tumors (RECIST)
criteria?
Phase 2 only:
1. Has histological or cytological evidence of non small cell lung cancer?
2. Has evidence of metastatic disease or stage IIIB non small cell lung cancer (NSCL)
with pleural effusion is required?
3. Has no prior chemotherapy for advanced lung cancer?
Note: Patients who received adjuvant or neo-adjuvant chemotherapy more than 12 months
prior will be eligible?
4. Has measurable disease, defined as at least one lesion that can be accurately
measured in at least one dimension (longest diameter to be recorded) as > 20 mm with
conventional techniques or as > 10 mm with spiral computed tomography (CT) scan?
EXCLUSION CRITERIA:
Response should be NO
1. Has any of the following within 6 months prior to study enrollment: myocardial
infarction, unstable angina pectoris or uncontrolled angina pectoris, uncontrolled
hypertension that is not controllable with antihypertensives, coronary/peripheral
artery bypass graft, New York Heart Association (NYHA) class III or IV congestive
heart failure, clinically significant peripheral vascular disease (Grade II or
greater).
2. Has history of stroke or transient ischemic attack within 6 months?
3. Has history of pulmonary embolism, deep venous thrombosis or other thrombo-embolic
event within 6 months?
4. Has psychiatric or neurologic illness that would limit compliance with study
requirements?
5. Has severe active infection within 14 days requiring use of intravenous antibiotics
before beginning treatment?
6. Has received any other investigational agents within 30 days of the start of
treatment?
7. Has history of an active malignancy unless curatively treated and risk of recurrence
of < 5% at five years, with the exception of:
1. Adequately treated in situ carcinoma of the cervix
2. Non-melanomatous skin cancers (basal or squamous cell)?
8. Has history of severe hypersensitivity reaction to compounds of similar chemical or
biologic composition to carboplatin, paclitaxel, or medicines of similar composition
to YM155?
9. Has history of a major surgical procedure, open biopsy, or a significant traumatic
injury within 14 days prior to commencing treatment, or the anticipation of the need
for a major surgical procedure during the course of the study?
10. Has other serious illness, medical condition or significant laboratory abnormality
that may cause undue risk for the subject's safety, inhibit protocol participation,
or interference with interpretation of study results, and in the judgment of the
investigator would make the subject inappropriate for entry into this study?
11. Phase 2 only: Has mixed tumor of any histology including small cell lung cancer?
Type of Study:
Interventional
Study Design:
Endpoint Classification: Safety/Efficacy Study, Intervention Model: Single Group Assignment, Masking: Open Label, Primary Purpose: Treatment
Outcome Measure:
Phase 1 Safe and Tolerable Phase 2 Dose.
Outcome Description:
Phase I: Doses were given at different dose levels until the maximum tolerated dose (MTD) was reached. Dose level 1: 3.6 mg/m^2, dose level 2:5 mg/m^2 , dose level 3:6 mg/m^2, dose level 4:8 mg/m^2, dose level 5:10 mg/m^2 (MTD), dose level 6:12 mg/m^2. Doses were given by continuous intravenous infusion over 72 hours every 21 days.Three patients were enrolled at each dose level in the absence of dose limiting toxicity (DLT). A DLT is defined as adverse events occurring during the first cycle of therapy (e.g. every 21 days). Phase 2 dose is based upon dose limiting toxicities experienced during cycle 1.
Outcome Time Frame:
1 year
Safety Issue:
Yes
Principal Investigator
Giuseppe Giaccone, M.D.
Investigator Role:
Principal Investigator
Investigator Affiliation:
National Cancer Institute (NCI)
Authority:
United States: Federal Government
Study ID:
100051
NCT ID:
NCT01100931
Start Date:
February 2010
Completion Date:
December 2012
Related Keywords:
• NSCLC
• Solid Tumors
• NSCLC
• Solid Tumors
• YM155
• Survivin
• Non Small-Cell Lung Cancer
• Solid Tumor
• Carcinoma
• Carcinoma, Non-Small-Cell Lung
• Lung Neoplasms
• Neoplasms
Name
Location
National Institutes of Health Clinical Center, 9000 Rockville Pike Bethesda, Maryland 20892 | ESSENTIALAI-STEM |
Miscellaneous
How many oxygen sensors are in a 2005 Nissan Pathfinder?
How many oxygen sensors are in a 2005 Nissan Pathfinder?
There are at least two oxygen sensors on a Nissan Pathfinder, one in front of the catalytic converter and one behind.
What are symptoms of a bad O2 sensor?
Here are some of the most common signs that your oxygen sensor is bad.
• A Glowing Check Engine Light. The bright orange Check Engine light in your dashboard will usually glow if you have a bad oxygen sensor.
• Bad Gas Mileage.
• An Engine That Sounds Rough.
• An Emissions Test Failure.
• An Older Vehicle.
How much is an O2 sensor for a 2006 Nissan Pathfinder?
Compare with similar items
This item MAXFAVOR 2PCS Oxygen Sensor Replacement for 2005 2006 Nissan Pathfinder Frontier Xterra 4.0L Upstream and Downstream O2 Sensor 234-5060 234-4313 02 Sensor Denso 234-5060 Air Fuel Ratio Sensor
Price $5299 $7711
Sold By BATU Amazon.com
What side is bank 2 sensor 1?
The passenger side of the engine is bank one sensor one and bank one sensor two. The driver’s side of the engine is bank two sensor one and bank two sensor two. This is the standard for all vehicles with a six cylinder motor.
How much is a o2 sensor socket?
Compare with similar items
This item Lisle 12100 Oxygen Sensor Socket
Add to Cart
Customer Rating 4.6 out of 5 stars (230)
Price $1285
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What happens if you don’t replace oxygen sensor?
If an oxygen sensor fails, the engine computer won’t be able to correctly set the air-fuel ratio, which could result in lower fuel economy, higher emissions and damage to other components, such as an overheated catalytic converter.
Does the oxygen sensor affect the transmission?
A faulty oxygen sensor will cause the engine to run less efficiently (use more gas than usual) and may degrade engine performance to some extent. However, failure of the oxygen sensor itself can not cause the transmission to fail or operate poorly.
Should I replace all O2 sensors at once?
O2 sensors are a “wear item” and are recommended to be replaced every 75k mi. (if I remember correctly, check the FSM). Consider them part of a really proper tune-up regimen. Simply put, they are providing one set of input for your fuel injection system so it can manage things optimally.
Can you clean an O2 sensor?
There are no true oxygen sensor cleaners that are safe to put through your engine. While some people choose to remove them and use a wire brush or an aerosol cleaner to remove deposits, we do not recommend trying to clean O2 sensors.
Which 02 sensor is bank 1 sensor 2?
Air Fuel Ratio/Oxygen Sensor Identification A typical in-line 4-cylinder engine has only one bank (Bank 1). Therefore, in an in-line 4-cylinder engine, the term “Bank 1, Sensor 1” simply refers to the front oxygen sensor. “Bank 1, Sensor 2” is the rear oxygen sensor.
Where is oxygen sensor bank 2 located?
Sensor 2 is the rear sensor after the catalytic converter (Downstream O2 Sensor). Sensor 2 is also called Downstream or Post Cat Sensor. It is the oxygen sensor located after the catalytic converter close to the muffler on the exhaust manifold. | ESSENTIALAI-STEM |
Page:Peterson Magazine 1869B.pdf/102
DEATH IN LIFE 107 fair man, with cold, steel-gray eyes and glittering white teeth.
Vivienne turned. with a bewildered look toward her husband, who said in measured, distinct tones, ‘‘Madame, this is my cousin, my nearest kinsman, Monsieur Philip, de Saint Evremonae, the elder brother of Monsieur Leon de Saint Evremonde, whom I believe you met in Paris.”
Ah! she knew now who it was. Philip, the half-brother of the noble young Leon—Philip, who was the coldest, cruelest, most remorseless man in France. She shrunk back, shuddering, from his extended hand; but in a moment recovering herself, she advanced, laid her cold palm in his, and with a dignity that was almost hauteur, pronounced a few formal words of welcome.
“Madame, I fear, would rather have welcomed ny brother,” said Saint Evremonde, in: a soft, languid tone, gazing at her with his cruel eyes slightly closed, yet expressing an amount of half-insolent admiration, that Brought the quick Beranger blood hotly to her cheek, ‘Ah! I am very unhappy in not having met my fair kins- woman before. May I.not hope my past negligence will be effaced from memory by the devotion I shall manifest in future, madame?”
Vivienne met that evil, half-sneering, half- admiring glance with the.cold, steady glitter of her scornful eyes, and she answered with increasing hauteur,
“Monsieur may be assured that his negligence has not offended ms, and that he need make no atonement.”
Philip bowed as if her haughtiness had been the blandest, warmest welcome, and said, in the same silky tones, ‘Such graciousness, madame, is beyond my desert. I may hope, then, in time to hold as high a place in your esteem as that occupied by my fortunate brother?”
Vivienne’s rapid glance had flown, for one instant, from the fair, cruel, face before her to that of her husband, who stood silent and motionless beside her, his keen, dark eyes fixed upon her, his thin lips wreathed with a cynical, malicious smile.
Good heavens! Could he see and endure the insolent gaze with which Saint Evremonde’s cruel eyes were fastened on his wife’s face? Could he hear the taunting accent with which the young man spoke, the evident meaning with which he uttered his brother’s name? Ah! six months ago, how his eyes would have flashed, and his sword sprung from its sheath, to punish such insolence! What did it mean? Was he mad? Had he no sense of honor, or of pity left? That sneering smile, those mocking eyes, told the young wife that her husband was no longer her protector; nay, that he was her bitter enemy, and looked on with pleasure while her cheek burned, and her eyes flashed with in- sulted dignity. She was alone, with those two cruelly smiling faces bent toward hers, and Leon’s name throbbing in her heart. Leon, who was so noble, so pure! How dared that bad man even utter his name?
A thousand tumultuous thoughts had rushed thus through the mind of the marquise in the fieeting moment, during which she had paused after Saint Evremonde’s question; but last, and strongest of all, came the conviction that she was to battle alone with these two men, who seemed, trying to’ look into her very heart, and ‘to find the means by which the deadliest tor- ture could be inflicted upon her; and then a sudden resolve nerved her frame, and glittered in her eyes.
Her beautiful face changed, and brightened, and softened. A smile parted her lips; her figure lost its air of haughty dignity; and with her old careless grace, she swept a laughing courtesy, and answered lightly, ‘«Monsieur does me too much honor. He may have'in my esteem any place that he can win.”
Then, with the same airof ease and gayety, she, went on to ask him questions about the court:he had just left, and her numerous friends there, including his brother as one of these; and hearing with apparently merely a polite inte- rest that Leon had that week left Paris, having been appointed captain in a regiment going to the seat of war.
She listened, and asked careless questions, and passed on to other-things. They need not know, she scarcely' dared acknowledge to herself, the deep interest she felt in hearing anything. concerning the young soldier. ‘And yet,’ he reasoned, “I am surely not wrong in wishing all good for my husband's. kinsman— it is but Christian charity. It can be nothing else, for Leon disliked and shunned me—I know not.why. I did not think at first that he hated me.”
She thought of .those sweet, happy days, the fairest. in her life, when Leon first came to Paris, and they strayed. together through the enchanted gardens'of the palace, she thinking, poor child! that she had found a friend and brother in her young cousin, and learning to love and trust him with all her innocent heart. Then he had changed suddenly, and grown cold and distant; and there were no more walks in the gay gardens, no more quiet talks, and she | WIKI |
Page:Shakespearean Tragedy (1912).djvu/384
RV 368 (Rh) And this is repeated in the sleep-walking scene: ‘What need we fear who knows it, when none can call our power to account?’ Her passionate courage sweeps him off his feet. His decision is taken in a moment of enthusiasm:
And even when passion has quite died away her will remains supreme. In presence of overwhelming horror and danger, in the murder scene and the banquet scene, her self-control is perfect. When the truth of what she has done dawns on her, no word of complaint, scarcely a word of her own suffering, not a single word of her own as apart from his, escapes her when others are by. She helps him, but never asks his help. She leans on nothing but herself. And from the beginning to the end—though she makes once or twice a slip in acting her part—her will never fails her. Its grasp upon her nature may destroy her, but it is never relaxed. We are sure that she never betrayed her husband or herself by a word or even a look, save in sleep. However appalling she may be, she is sublime.
In the earlier scenes of the play this aspect of Lady Macbeth’s character is far the most prominent. And if she seems invincible she seems also inhuman. We find no trace of pity for the kind old king; no consciousness of the treachery and baseness of the murder; no sense of the value of the lives of the wretched men on whom the guilt is to be laid; no shrinking even from the condemnation or hatred of the world. Yet if the Lady Macbeth of these scenes were really utterly inhuman, or a ‘fiend-like queen,’ as Malcolm calls her, the Lady Macbeth of the sleep-walking scene would be an impossibility. The one woman could never become the other. And in fact, if we look | WIKI |
Apple Fined $2M In Brazil For Shipping iPhone 12 Without Charger
Apple Inc. (NASDAQ: AAPL) has been fined nearly $2 million in the Brazilian state of Sao Paulo for selling the iPhone 12 series without chargers.
What Happened: Brazil’s consumer protection agency Procon-SP decided to fine Apple for the tech giant’s decision to remove the power adapter from the boxes of iPhone 12, MacRumors reported, citing Brazilian tech news outlet Tilt.
The watchdog said Apple’s move violated the Consumer Defense Code, according to the report. The tech giant has also been fined for allegedly misleading consumers about the water resistance in iPhones and for declining to repair iPhones that suffered water damage under warranty.
https://m.benzinga.com/article/20271423 | NEWS-MULTISOURCE |
Kontakt: +49 511 59095 – 942
Ruby Layers with Serverless
Thumbnail
Ruby Layers with Serverless
After showing how easy it is to write AWS Lambda functions in Ruby, we will work on a way to build Layers with external dependencies or shared data in this post.
Lambda has been offering Layers since the end of 2018, which allows you to create libraries of shared code. These layers have to be created and uploaded first, then you can wire them up to your different functions. This offers an advantage on reuse and is a nice way to add even complex, big dependencies (as Lambda deployment packages are limited in size).
Layers and Serverless
In addition to the things we set up on our Ruby Lambda post, we will need to add several things. While Serverless know how to use Layers, we still need to build them. And as we might have dependencies with natively compiled libraries, everything needs to match the Lambda execution environment.
To achieve these goals, we can use the serverless-hooks-plugin which allows us to bolt on custom steps into the Serverless workflow and we will use Docker to load a suitable environment for bundling everything together. If you do not have Docker installed, the Docker documentation is pretty solid.
Putting it all together
Installing a Serverless plugin is easy: First, you have to create an initial package.json file which is the NodeJS-world equivalent of a Ruby Gemspec file. Then, installing NodeJS modules with the --save option (it is included from NPM 5 on, though) will also add it to the JSON file.
npm init --yes
npm install serverless-hooks-plugin --save
To prepare our Lambda Layer, we need to mkdir --parent ./layers/example/ and then create a layers/example/Gemfile for the dependencies in there:
source 'https://rubygems.org'
gem 'hello-world'
That not quite it, because we need some specific build script ./layers/example/build.sh in there having the right setup for Bundler:
#!/bin/bash
bundle install --path .
rm -rf .bundle/
Of course you could as well add downloading binary files and everything right after this or move everything into a Rakefile, if you like.
Finally, Serverless need to know about the Layer and how to build it in our serverless.yml:
plugins:
- serverless-hooks-plugin
layers:
example:
path: layers/example
description: Demo Layer
compatibleRuntimes:
- ruby2.5
custom:
hooks:
package:compileLayers:
- docker run -v `pwd`/layers/example:`pwd` -w `pwd` lambci/lambda:build-ruby2.5 ./build.sh
functions:
my_ruby_lambda:
memorySize: 256
timeout: 60
handler: src/my_ruby_layer.main
layers:
- {Ref: ExampleLambdaLayer}
Notice the custom section which hooks right into packaging everything together: It will start the lambci/lambda:build-ruby2.5 Docker image which is a perfect match for AWS Lambda, map our layer into it and then execute our build script from before. This sets up everything in the layers/example directory so the Serverless layers section can zip it up and do the neccessary upload.
At the bottom of the snippet, our function gets wired up with that new layer. This statement is an intrinsic CloudFormation function, in which we uppercase the layer name and add LambdaLayer to the end to match everything happening in the SLS backend.
Now, you can sls deploy your function as before but have the full arsenal of Gems and binary files at your disposal as well. | ESSENTIALAI-STEM |
Tag Archives: optimize mysql
Use mysqlcheck to Optimize and Repair MySQL Databases
Use mysqlcheck to Optimize and Repair MySQL Databases | mysqlcheck is a simple command line app that can check mysql databases for corruption, make repairs, and also optimize your databases. Here are three quick commands that are useful to check, optimize, and also repair your mysql databases! 1. Check Databases $ mysqlcheck -cA -u root -p (-c for check database, -A for all databases)
Optimize MySQL my.cnf
Optimize MySQL my.cnf | If you are using MySQL, it can help to optimize MySQL according to how much ram you have on your server. Make these changes by editing: /etc/mysql/my.cnf Ubuntu and most all distros include example config file settings based on your available ram. These examples are generally located in: /usr/share/doc/mysql-server-5.1/examples/ -> my-small.cnf.gz my-medium.cnf.gz my-large.cnf.gz my-huge.cnf.gz my-small.cnf | ESSENTIALAI-STEM |
Talk:Eddie Gómez
Gómez Gomez
Why is he listed as Eddie Gómez? His website uses Gomez, as do reference books, album covers... or at least the ones that I've seen. EddieHugh (talk) 21:44, 29 June 2018 (UTC) | WIKI |
The Internet is full of mixed messages about alcohol.
On the one hand, moderate amounts have been linked to health benefits.
On the other, it is addictive and highly toxic — especially when you drink too much.
The truth is that the health effects of alcohol vary between individuals and depend on the amount and type of alcohol consumed.
This article discusses how alcohol affects your health.
What Is Alcohol?
The main psychoactive ingredient in alcoholic beverages is ethanol.
Generally referred to as “alcohol,” ethanol is the substance that makes you drunk.
It’s produced by yeasts that digest sugar in certain carb-rich foods, such as grapes — used to make wine — or grains — used to make beer.
Alcohol is one of the most popular psychoactive substances in the world. It can have powerful effects on your mood and mental state.
By reducing self-consciousness and shyness, alcohol may encourage people to act without inhibition. At the same time, it impairs judgment and promotes behavior people may end up regretting (1, 2).
Some people drink small amounts at a time, while others tend to binge drink. Binge drinking involves drinking large amounts at a time to get drunk.
Summary Ethanol, the active ingredient in alcoholic drinks, is generally referred to as “alcohol.” It can have powerful effects on your mental state.
Your Liver’s Role
Your liver is a remarkable organ with hundreds of essential functions.
One of its main roles is to neutralize various toxic substances you consume. For this reason, your liver is particularly vulnerable to damage by alcohol intake (3).
Liver diseases caused by alcohol consumption are collectively known as alcoholic liver diseases.
The first of these to appear is fatty liver, characterized by increased fat inside liver cells.
Fatty liver gradually develops in 90% of those who drink more than a 1/2 ounce (15 ml) of alcohol per day and is usually symptomless and fully reversible (4, 5).
In heavy drinkers, binge drinking may cause your liver to become inflamed. In worst-case scenarios, liver cells die and get replaced with scar tissue, leading to a serious condition called cirrhosis (3, 6, 7).
Cirrhosis is irreversible and associated with many serious health problems. In advanced cirrhosis, a liver transplant may be the only option.
Summary Alcohol is metabolized by the liver, and frequent intake can lead to increased fat inside liver cells. Alcohol abuse can lead to cirrhosis, a very serious condition.
Impact on Your Brain
Excessive alcohol consumption can have numerous adverse effects on your brain.
Ethanol reduces communication between brain cells — a short-term effect responsible for many of the symptoms of being drunk.
Binge drinking may even lead to a blackout, a phenomenon characterized by memory loss, or amnesia, during a heavy drinking episode (8).
These effects are only temporary, but chronic alcohol abuse may cause permanent changes in your brain, often leading to impaired brain function (9, 10, 11).
Because your brain is very sensitive to damage, chronic alcohol abuse may increase your risk of dementia and cause brain shrinkage in middle-aged and older adults (12, 13, 14, 15).
In worst-case scenarios, severe alcohol-induced brain damage may impair people’s ability to lead an independent life.
Conversely, drinking moderately has been linked to a reduced risk of dementia — especially in older adults (16, 17, 18).
Summary While alcohol intoxication is only temporary, chronic alcohol abuse can impair brain function permanently. However, moderate drinking may have benefits for brain health — especially among older adults.
Depression
Alcohol intake and depression are closely but complexly associated (19).
While alcohol intake and depression seem to increase the risk of one another simultaneously, alcohol abuse may be the stronger causal factor (20, 21, 22).
Many people facing anxiety and depression drink intentionally to reduce stress and improve mood. While drinking may provide a few hours of relief, it will worsen your overall mental health and spark a vicious cycle (23, 24).
In fact, because heavy drinking is a major cause of depression in some individuals, treating the underlying alcohol abuse leads to big improvements (25, 26, 27).
Summary Alcohol abuse and depression are linked. People may start abusing alcohol due to depression or become depressed by abusing alcohol.
Body Weight
Obesity is a serious health concern.
Alcohol is the second most calorie-rich nutrient after fat — packing about 7 calories per gram.
Beer has a similar number of calories as sugary soft drinks, ounce for ounce, whereas red wine has twice as much (28, 29, 30).
However, studies investigating the link between alcohol and weight have provided inconsistent results (31).
It seems that drinking habits and preferences may play a role.
For example, moderate drinking is linked to reduced weight gain, whereas heavy drinking is linked to increased weight gain (32, 33, 34).
In fact — while drinking beer regularly may cause weight gain — wine consumption may cause weight loss (31, 35, 36).
Summary The evidence on alcohol and weight gain is mixed. Heavy drinking and beer are linked to increased weight gain, while moderate drinking and wine are linked to reduced weight gain or even weight loss.
Heart Health
Heart disease is the leading cause of death in modern society.
It is a broad category of diseases, the most common of which are heart attacks and strokes.
The relationship between alcohol and heart disease is complex and depends on several factors.
Light to moderate drinking is linked to a reduced risk of heart disease, while heavy drinking appears to increase the risk (37, 38, 39, 40).
There are several possible reasons for the beneficial effects of drinking moderately.
Moderate alcohol consumption may:
• Raise “good” HDL cholesterol in your bloodstream (41).
• Decrease blood pressure, a major risk factor for heart disease (42).
• Lower your blood concentration of fibrinogen, a substance that contributes to blood clots (43).
• Cut the risk of diabetes, another major risk factor for heart disease (44).
• Reduce stress and anxiety temporarily (41, 45).
Summary While moderate alcohol consumption may reduce your risk of heart disease, heavy drinking may increase it.
Type 2 Diabetes
Type 2 diabetes affects about 8% of the world’s population (46).
Characterized by abnormally high blood sugar, type 2 diabetes is caused by a reduced uptake of glucose, or blood sugar, by your cells — a phenomenon known as insulin resistance.
Drinking alcohol in moderation appears to reduce insulin resistance, fighting the main symptoms of diabetes (47, 48, 49, 50).
As a result, drinking alcohol with meals may cut the rise in blood sugar by 16–37% more than water. Blood sugar between meals — known as fasting blood glucose — may also decline (51, 52).
In fact, your overall diabetes risk tends to drop with moderate alcohol consumption. However, when it comes to heavy drinking and binge drinking, your risk rises (53, 54, 55, 56).
Summary Moderate alcohol consumption may reduce symptoms of type 2 diabetes by enhancing the uptake of blood sugar by your cells.
Cancer
Cancer is a serious disease caused by abnormal growth of cells.
Alcohol consumption is a risk factor for cancers of the mouth, throat, colon, breast and liver (57, 58, 59).
The cells lining your mouth and throat are especially vulnerable to the harmful effects of alcohol.
Even light alcohol consumption — up to one drink per day — is linked to a 20% increased risk of mouth and throat cancer (59, 60).
Your risk increases the more you consume. More than four drinks daily appear to cause a fivefold increase in your risk of mouth and throat cancer, as well as an increase in your risk of breast, colon and liver cancer (58, 59, 61, 62).
Summary Drinking alcohol may increase your risk of certain cancers, especially mouth and throat cancer.
May Cause Birth Defects
Alcohol abuse during pregnancy is the leading preventable cause of birth defects in the US (63).
Binge drinking early in pregnancy is particularly risky for the developing baby (64).
In fact, it may have adverse effects on development, growth, intelligence and behavior — which may affect the child for the rest of its life (63).
Summary Alcohol abuse is one of the world’s most common causes of birth defects. The fetus is particularly vulnerable early in pregnancy.
Risk of Death
It may be hard to believe, but alcohol may help you live longer.
Studies suggest that light and moderate consumption of alcohol may cut the risk of premature death — especially in Western societies (65, 66).
Simultaneously, alcohol abuse is the third main cause of preventable death in the US, as it’s a large factor in chronic diseases, accidents, traffic crashes and social problems (67).
Summary Moderate alcohol consumption may increase life expectancy, while alcohol abuse is a strong risk factor for premature death.
Dangers of Addiction
Some people become addicted to the effects of alcohol, a condition known as alcohol dependence or alcoholism.
An estimated 12% of Americans are believed to have been dependent on alcohol at some point in their life (68).
Alcohol dependence is one of the main causes of alcohol abuse and disability in the US and a strong risk factor for various diseases (69).
Numerous factors can predispose people to problematic drinking, such as family history, social environment, mental health and genetics.
Many different subtypes of alcohol dependence exist, characterized by alcohol cravings, inability to abstain or loss of self-control when drinking (70).
As a rule of thumb, if alcohol is adversely affecting your quality of life, you may have a problem with alcohol dependence or alcoholism.
Summary Alcohol consumption can lead to alcohol dependence, or alcoholism, in predisposed individuals.
Abuse Is Disastrous for Health
Heavy drinking is the most common form of drug abuse.
Chronic alcohol abuse can have catastrophic health effects, impacting your entire body and causing a range of health problems.
For example, it can cause liver damage — including cirrhosis — brain damage, heart failure, diabetes, cancer and infections (9, 54, 58, 71, 72, 73).
If you are a heavy drinker, following a healthy diet and exercise routine should be the least of your worries.
Getting your alcohol consumption under control, or abstaining completely, should be your first priority.
Summary Chronic alcohol abuse can wreak havoc on your body and brain, increasing your risk of many diseases.
Which Type of Alcoholic Beverage Is Best?
What you drink matters less than how much you drink.
However, some alcoholic drinks are better than others.
Red wine appears to be particularly beneficial because it is very high in healthy antioxidants.
In fact, red wine is linked to more health benefits than any other alcoholic beverage (74, 75, 76, 77, 78).
That said, consuming high amounts does not provide greater health benefits. Heavy drinking causes health problems — regardless of the type of beverage.
Summary Red wine may be one of the healthiest alcoholic beverages, probably due to its high concentration of antioxidants.
How Much Is Too Much?
Recommendations for alcohol intake are usually based on the number of standard drinks per day.
The problem is, most people have no idea what qualifies as a “standard drink.” To worsen matters, the official definition of a standard drink differs between countries.
In the US, one standard drink is any drink that contains 0.6 fluid ounces (14 grams) of pure alcohol (ethanol).
This image shows the standard drink amount for some popular alcoholic drinks:
Photo Source: National Institute on Alcohol Abuse and Alcoholism.
Moderate drinking is defined as one standard drink per day for women and two for men, while heavy drinking is defined as more than three drinks per day for women and four for men (79).
Drinking patterns are also important. Binge drinking is a form of alcohol abuse and can cause harm.
Summary Moderate drinking is defined as one standard drink per day for women and two for men.
The Bottom Line
At the end of the day, the effects of alcohol range from a positive impact on your wellbeing to a health catastrophe.
Drinking small amounts — especially of red wine — is linked to various health benefits.
On the other hand, alcohol abuse and alcohol addiction are linked to severe negative effects on both physical and mental health.
If you enjoy alcohol and don’t binge, there is no compelling reason to avoid it. Just keep in mind that your cancer risk may increase — regardless of how much you are drinking.
However, if you tend to drink excessively or notice that alcohol causes problems in your life, you should avoid it as much as possible.
Because alcohol impact depends entirely on the individual, it’s good for some and disastrous for others. | ESSENTIALAI-STEM |
Source
xUnit++ / Tests / UnitTests / TestEvents.cpp
// !!!clang Clang crashes while building this file.
// waiting for http://llvm.org/bugs/show_bug.cgi?id=14136
#if !defined(__clang__)
#include <vector>
#include <memory>
#include "xUnit++/xUnit++.h"
#include "xUnit++/TestEvent.h"
#include "xUnit++/TestEventRecorder.h"
#include "xUnit++/TestCollection.h"
#include "xUnit++/xUnitTestRunner.h"
#include "Helpers/OutputRecord.h"
SUITE("TestEvents")
{
struct Fixture
{
Fixture()
{
localEventRecorders.push_back(std::make_shared<xUnitpp::TestEventRecorder>());
localEventRecorders.push_back(std::make_shared<xUnitpp::TestEventRecorder>());
localEventRecorders.push_back(std::make_shared<xUnitpp::TestEventRecorder>());
localCheck = std::make_shared<xUnitpp::Check>(*localEventRecorders[0]);
localWarn = std::make_shared<xUnitpp::Warn>(*localEventRecorders[1]);
localLog = std::make_shared<xUnitpp::Log>(*localEventRecorders[2]);
}
void Run()
{
xUnitpp::RunTests(outputRecord, [](const xUnitpp::TestDetails &) { return true; }, collection.Tests(), xUnitpp::Time::Duration::zero(), 0);
}
const xUnitpp::Check &LocalCheck() const
{
return *localCheck;
}
const xUnitpp::Warn &LocalWarn() const
{
return *localWarn;
}
const xUnitpp::Log &LocalLog() const
{
return *localLog;
}
std::vector<std::shared_ptr<xUnitpp::TestEventRecorder>> localEventRecorders;
xUnitpp::TestCollection collection;
xUnitpp::Tests::OutputRecord outputRecord;
private:
std::shared_ptr<xUnitpp::Check> localCheck;
std::shared_ptr<xUnitpp::Warn> localWarn;
std::shared_ptr<xUnitpp::Log> localLog;
};
FACT_FIXTURE("All TestEvents should be ordered", Fixture)
{
auto factWithEvents = [&]()
{
LocalWarn().Fail();
LocalCheck().Fail();
LocalWarn().False(true);
LocalLog().Debug << "debug message";
LocalLog().Info << "info message";
LocalLog().Warn << "warning message";
};
xUnitpp::TestCollection::Register reg(collection, factWithEvents, "Name", "Suite", xUnitpp::AttributeCollection(), -1, "file", 0, std::forward<decltype(localEventRecorders)>(localEventRecorders));
(void)reg;
Run();
Assert.Equal(xUnitpp::EventLevel::Warning, std::get<1>(outputRecord.events[0]).Level());
Assert.Equal(xUnitpp::EventLevel::Check, std::get<1>(outputRecord.events[1]).Level());
Assert.Equal(xUnitpp::EventLevel::Warning, std::get<1>(outputRecord.events[2]).Level());
Assert.Contains(to_string(std::get<1>(outputRecord.events[0])), "Fail");
Assert.Contains(to_string(std::get<1>(outputRecord.events[2])), "False");
xUnitpp::EventLevel expectedLevels[] = {
xUnitpp::EventLevel::Warning, xUnitpp::EventLevel::Check, xUnitpp::EventLevel::Warning,
xUnitpp::EventLevel::Debug, xUnitpp::EventLevel::Info, xUnitpp::EventLevel::Warning
};
Assert.Equal(std::begin(expectedLevels), std::end(expectedLevels), outputRecord.events.begin(), outputRecord.events.end(),
[](xUnitpp::EventLevel lvl, const std::tuple<xUnitpp::TestDetails, xUnitpp::TestEvent> &result)
{
return lvl == std::get<1>(result).Level();
});
}
FACT_FIXTURE("TestEventSources should be usable within Theories", Fixture)
{
auto theoryWithChecks = [&](int x) { LocalCheck().Fail() << "id: " << x; };
std::vector<std::tuple<int>> theoryData;
for (int i = 0; i != 10; ++i)
{
theoryData.push_back(std::make_tuple(i));
}
xUnitpp::TestCollection::Register reg(collection, theoryWithChecks, [&]() { return theoryData; },
"Name", "Suite", "(int x)", xUnitpp::AttributeCollection(), -1, "file", 0, localEventRecorders);
(void)reg;
Run();
for (const auto &test : collection.Tests())
{
Check.Equal(1U, test->TestEvents().size()) << "current: " << test->TestDetails().Id;
}
}
}
#endif | ESSENTIALAI-STEM |
-- Air India Banks Approve $3.5 Billion Debt Revamp, Standard Says
Air India Ltd. (AIND) won approval from
lenders to restructure 180 billion rupees ($3.5 billion) of debt
in the latest rescue plan for the state-owned carrier, the
Business Standard reported. Nineteen banks, led by State Bank of India , approved
extending the maturity on 105 billion rupees of debt for as long
as 15 years, with the remaining 75 billion rupees to be repaid
through a government-guaranteed bond issue, the newspaper said.
The plan will require cabinet approval, it said. Air India was awarded 40 billion rupees in a government
bailout last month as it struggles with fuel and loan costs. The
unprofitable airline, the nation’s third-largest , has also
helped prolong a price war that has contributed to losses at
listed Kingfisher Airlines Ltd. (KAIR) and Jet Airways (India) Ltd. Calls made out of office hours to the phone of K.
Swaminathan, a spokesman at Air India, weren’t answered and he
didn’t immediately respond to an e-mail seeking comment. Air India has been unprofitable since its 2007 merger with
state-owned domestic carrier Indian Airlines Ltd. The Mumbai-
based company piled up losses of about 181 billion rupees in the
three years ended March 31, 2011, then-Aviation Minister Vayalar Ravi told parliament on Nov. 24. The airline has failed to turn surging demand into profit
as it struggles to combine operations following the merger. It
has 263 employees per aircraft compared to 102 at IndiGo, the
only profitable carrier in India. To contact the reporter on this story:
Andrew Macaskill in New Delhi at
amacaskill@bloomberg.net To contact the editor responsible for this story:
Paul Tighe at
ptighe@bloomberg.net | NEWS-MULTISOURCE |
Talk:Toy Biz, Inc. v. United States
Untitled
I don't know if anyone is interested, but there was a discussion about whether the Supreme Court would uphold the sorts of actions taken in X-Men 3, and I responded by citing this case. The whole conversation is pretty funny, if you ask me. Dave (talk) 06:58, 5 July 2006 (UTC)
* Interesting, yeah. Thanks for sharing. — Nightst a llion (?) 09:55, 7 July 2006 (UTC)
Last link in References ("Is Wolverine human? A judge answers no") is broken. --<IP_ADDRESS> 23:53, 11 October 2006 (UTC)
Of course they are not human.
They diverged from Homo sapiens,retaining humanoid appearance.(Homo sapiens superior according to Xmen) —The preceding unsigned comment was added by <IP_ADDRESS> (talk) 22:22, 28 March 2007 (UTC).
* Actually, that's not true. Homo sapiens sapiens is a subspecies, not a species. Homo sapiens idaltu, Homo sapiens sapiens, and Homo sapiens superior are all subspecies of the same species. In addition, the term "human" can be used for any species in the genus Homo. If they were Homo superior, you might have a stronger point. <IP_ADDRESS> (talk) 19:34, 15 November 2010 (UTC)
Popular culture
This article reminds me of various age-old jokes where an enthusiast must defend his hobby by arguing that he isn't playing with dolls ("They aren't dolls, they're action figures!.. something along those lines). Does this, or could this, relate in any way? Even if it could only be related in a humorous mention, I think it would be a neat tie-in for the article, assuming I'm remembering it right. *Vendetta* (whois talk edits) 07:10, 31 January 2011 (UTC) | WIKI |
Talk:salopette
It seems this could theoretically mean "little slut, little bitch" (see salope:). Is it ever used that way? Equinox ◑ 21:37, 5 July 2012 (UTC) | WIKI |
@article {Isenseeeaah4874, author = {Isensee, J{\"o}rg and Krah{\'e}, Leonhardt and Moeller, Katharina and Pereira, Vanessa and Sexton, Jane E. and Sun, Xiaohui and Emery, Edward and Wood, John N. and Hucho, Tim}, title = {Synergistic regulation of serotonin and opioid signaling contributes to pain insensitivity in Nav1.7 knockout mice}, volume = {10}, number = {461}, elocation-id = {eaah4874}, year = {2017}, doi = {10.1126/scisignal.aah4874}, publisher = {Science Signaling}, abstract = {Identification of Nav1.7 as responsible for the absence of pain sensitivity in humans has prompted the investigation of drugs targeting this channel as pain relievers. However, this has so far not been effective. Isensee et al. found that the absence of this channel altered the signaling efficiency of G protein{\textendash}coupled receptors (GPCRs) in the peripheral pain-sensing neurons of the dorsal root ganglia. The balance of pronociceptive (pain-promoting) serotonin signaling mediated by the 5-HT4 receptor and antinociceptive (pain-relieving) opioid signaling mediated by the mu opioid receptor (MOR) was altered. Mice lacking Nav1.7 had much more efficient signaling by the opioid arm, shifting the balance such that the neurons were much less responsive to pronociceptive signals and much more responsive to antinociceptive signals.Genetic loss of the voltage-gated sodium channel Nav1.7 (Nav1.7-/-) results in lifelong insensitivity to pain in mice and humans. One underlying cause is an increase in the production of endogenous opioids in sensory neurons. We analyzed whether Nav1.7 deficiency altered nociceptive heterotrimeric guanine nucleotide{\textendash}binding protein{\textendash}coupled receptor (GPCR) signaling, such as initiated by GPCRs that respond to serotonin (pronociceptive) or opioids (antinociceptive), in sensory neurons. We found that the nociceptive neurons of Nav1.7 knockout (Nav1.7-/-) mice, but not those of Nav1.8 knockout (Nav1.8-/-) mice, exhibited decreased pronociceptive serotonergic signaling through the 5-HT4 receptors, which are Gαs-coupled GPCRs that stimulate the production of cyclic adenosine monophosphate resulting in protein kinase A (PKA) activity, as well as reduced abundance of the RIIβ regulatory subunit of PKA. Simultaneously, the efficacy of antinociceptive opioid signaling mediated by the Gαi-coupled mu opioid receptors was increased. Consequently, opioids inhibited more efficiently tetrodotoxin-resistant sodium currents, which are important for pain-initiating neuronal activity in nociceptive neurons. Thus, Nav1.7 controls the efficacy and balance of GPCR-mediated pro- and antinociceptive intracellular signaling, such that without Nav1.7, the balance is shifted toward antinociception, resulting in lifelong endogenous analgesia.}, issn = {1945-0877}, URL = {https://stke.sciencemag.org/content/10/461/eaah4874}, eprint = {https://stke.sciencemag.org/content/10/461/eaah4874.full.pdf}, journal = {Science Signaling} } | ESSENTIALAI-STEM |
Talk:Mazda Xedos
Deletion candidate?
I'm wondering whether this stub ought to be deleted - the Xedos 6 is already adequately covered in its own article, while the Xedos 9 is quite effectively detailed under the Mazda Millenia article. Since Xedos wasn't much more than a marginally successful branding exercise, I don't see the point in giving it a whole page. Discussion is certainly welcome... Duncan1800 (talk) 11:17, 21 September 2008 (UTC)
deletion ?
Deletion, no; perhaps merge with the Milennia article ? --RichardMills65 (talk) 03:26, 30 April 2012 (UTC)
* In my view no, there is lots of scope for expansion here and the Milennia was in any case not the only car sold under the Xedos brand.Rangoon11 (talk) 15:49, 30 April 2012 (UTC) | WIKI |
Page:United States Statutes at Large Volume 114 Part 5.djvu/640
114 STAT. 2763A-600 PUBLIC LAW 106-554—APPENDIX G shall, pursuant to an audit of the renewal community program established under section 1400E of the Internal Revenue Code of 1986 (as added by subsection (a)) and the empowerment zone and enterprise community program under subchapter U of chapter 1 of such Code, report to Congress on such program and its effect on poverty, unemployment, and economic growth within the designated renewal communities, empowerment zones, and enterprise communities. (d) CLERICAL AMENDMENT.—The table of subchapters for chapter 1 is amended by adding at the end the following new item: "Subchapter X. Renewal Communities.". SEC. 102. WORK OPPORTUNITY CREDIT FOR HIRING YOUTH RESIDING IN RENEWAL COMMUNITIES. (a) HiGH-RiSK YOUTH. —Subparagraphs (A)(ii) and (B) of section 51(d)(5) are each amended by striking "empowerment zone or enterprise community" and inserting "empowerment zone, enterprise community, or renewal community". (b) QUALIFIED SUMMER YOUTH EMPLOYEE. —Clause (iv) of section 51(d)(7)(A) is amended by striking "empowerment zone or enterprise community" and inserting "empowerment zone, enterprise community, or renewal community". (c) HEADINGS. — Paragraphs (5)(B) and (7)(C) of section 51(d) are each amended by inserting "OR COMMUNITY" in the heading after "ZONE". (d) EFFECTIVE DATE. —The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 200 L Subtitle B—Extension and Expansion of Empowerment Zone Incentives SEC. 111. AUTHORITY TO DESIGNATE 9 ADDITIONAL EMPOWERMENT ZONES. Section 1391 is amended by adding at the end the following new subsection: "(h) ADDITIONAL DESIGNATIONS PERMITTED.— "(1) IN GENERAL.—In addition to the areas designated under subsections (a) and (g), the appropriate Secretaries may designate in the aggregate an additional 9 nominated areas as empowerment zones under this section, subject to the availability of eligible nominated areas. Of that number, not more than seven may be designated in urban areas and not more than 2 may be designated in rural areas. " (2) PERIOD DESIGNATIONS MAY BE MADE AND TAKE EFFECT.— ^A designation may be made under this subsection after the date of the enactment of this subsection and before January 1, 2002. Subject to subparagraphs (B) and (C) of subsection (d)(1), such designations shall remain in effect during the period beginning on January 1, 2002, and ending on December 31, 2009. "(3) MODIFICATIONS TO ELIGIBILITY CRITERL\, ETC—The rules of subsection (g)(3) shall apply to designations under this subsection.
� | WIKI |
BUSINESS DIGEST
Firms Show Tepid Reaction To Talk of Bid for Big Board The investment banks that are being wooed to consider a rival bid for the New York Stock Exchange agreed to study the exchange's deal with Archipelago independently. Their decision not to join the group pulled together by Kenneth G. Langone that is planning a rival bid underlines how difficult it will be to scuttle the exchange's deal. [Page C5.] Celera to Stop Selling Genome Data Celera, originally led by the maverick scientist J. Craig Venter, left, once raced with the Human Genome Project to decipher the human genetic sequence. But now Celera has decided to abandon the business of selling genetic information and is putting the information into the public domain. Celera succeeded in signing up some subscribers to its database, but the company is still losing money. [C2.] Deloitte to Pay Adelphia Investors Deloitte & Touche, the auditor for Adelphia, will pay $50 million into a fund to compensate investors in Adelphia. [C5.] Managed Care Shares Look Shaky The stellar financial results of managed care plans may already be tapering off, some analysts say. Market Place. [C2.] A.I.G. Facing Another Inquiry New York is investigating whether American International failed to pay the state workers' compensation fund in the 1990's. [C2.] Pulse-Taking at Morgan Stanley Two independent directors of Morgan Stanley interviewed senior executives to gauge sentiment at the divided Wall Street house. [C9.] ImClone Profits Top Expectations Shares of ImClone Systems, the maker of the colon cancer treatment Erbitux, rose after the company beat analysts' expectations by a penny. Profit fell sharply from a year ago because of lower revenue, higher compensation expenses and higher professional fees, primarily for accounting and tax services. [C8.] Amgen Sued by Trial Participants Two participants in a discontinued Amgen drug trial have sued, asking for an experimental treatment for Parkinson's disease. [C2.] Pension Insurer May Get Securities The agency that insures pensions could receive United Airlines securities worth $1 billion when the airline exits bankruptcy. [C9.] Earnings Decline at Amazon Income at Amazon fell in the first quarter despite a 24 percent increase in revenue. [C15.] Stocks Fall as Confidence Sags The S.&P. 500 lost 10.36 points, to 1,151.74; the Dow Jones industrials retreated 91.34 points, to 10,151.13; and the Nasdaq composite declined 23.34 points, to 1,927.44. [C9.] Small Business Bets on Technology Some 81 percent of businesses polled plan to increase their technology spending 20 percent in the next two years. Small Business. [C8.] | NEWS-MULTISOURCE |
Talk:Forgotten indian freedom fighters
This isn't an encyclopedic article at all, could someone clean it up or tag it for deletion Birddrz 23:21, 23 February 2007 (UTC) | WIKI |
Anatomy Flashcards Preview
JL Cardiovascular > Anatomy > Flashcards
Flashcards in Anatomy Deck (92)
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0
What border of the heart do the phrenic nerves descend across?
The lateral borders
1
What is the role of the epicardium?
Secretes pericardial fluid lubricant
2
What happens when the pericardial cavity fills with blood - haemopericardium?
The pressure around the heart increases and can prevent cardiac contraction (a condition known as cardiac tamponade).
3
What is pericardiocentesis?
Drainage of fluid from the pericardial cavity
4
What does the pulmonary trunk divide into?
Left and right pulmonary arteries
5
Where do you palpate for the apex beat?
5th left intercostal space in the midclavicular line (mitral area)
6
What three structures come from the aortic arch (right to left)?
Brachiocephalic trunk, left common carotid artery, left subclavian artery
7
What does the brachiocephalic trunk bifurcate into?
Right subclavian artery and right common carotid artery
8
The superior vena cava divides into three structures as it moves upwards - what are they from inferior to superior?
Left brachiocephalic vein, right subclavian vein, right internal jugular vein
9
Which coronary artery descends in the anterior interventricular groove?
The left anterior descending (LAD)
10
Which coronary artery descends in the coronary groove?
Right coronary artery - the groove indicates the surface marking for the tricuspid valve (boundary between right atrium and right ventricle).
11
Which branch of the SVC branches out posteriorly?
Azygous vein
12
What is the coronary sinus and what does it do?
It is a short venous conduit (in the atrioventricular groove posteriorly) which receives deoxygenated blood from msot of the cardiac veins and drains into the right atrium.
13
What artery is a branch of the right coronary artery and travels transversely along the anterior inferior aspect of the heart?
The right marginal artery
14
Which two arteries does the left main coronary artery branch into?
Circumflex artery and LAD
15
What is an atrial septal defect?
A hole in the interatrial septum
16
What is a ventricular septal defect?
A hole in the interventricular septum
17
What does having mixed arterial and venous blood do? What is this called?
Reduces the oxygen content of systemic arterial blood in the aorta - this is called hypoxaemia
18
What three openings does the right atrium have?
Superior vena cava
Coronary sinus
Inferior vena cava
19
Where is the tricuspid valve?
Between the right atrium and right ventricle
20
Where is the pulmonary valve?
Between the right ventricle and the pulmonary trunk
21
Where is the mitral valve?
Between the left atrium and the left ventricle
22
Where is the aortic valve?
Between the left ventricle and the aorta
23
What does the moderator band in the heart do?
Carries fibres of right bundle branch to the papillary muscle of the anterior cusp
24
Where would you listen for the aortic valve?
2nd right intercostal space, sternal edge
25
Where would you listen for the pulmonary valve?
2nd left intercostal space, sternal edge
26
Where would you listen for the tricuspid valve?
5th/6th left ICS, lower left sternal edge
27
Where would you listen for the mitral valve?
5th left ICS, midclavicular line
28
What is the first heart sound caused by?
Closure of the tricuspid and mitral valves
29
What is the second heart sound caused by?
Closure of pulmonary and aortic valves
30
How do the sympathetic nerves and the parasympathetic nerves reach the heart?
Via the cardiac plexus
31
Where do presynaptic sympathetic fibres from the brain exit the spinal cord?
In one of T1 - L2/3 spinal nerves (thoracolumnar)
32
Once the presynaptic sympathetic fibres have exited the spinal cord in either T1-L2/3 spinal nerves what are the five following options?
1. Go into ganglion of that level and synapse
2. Travel superiorly in the sympathetic chain to another ganglion and synapse
3. Travel inferiorly in the sympathetic chain to another gangion and synapse
4. Pass straight through the sympathetic chain ganglion without synapsing, as abdominopelvic splanchnic nerves, to synapse in one of the prevertebral ganglia of the abdomen (e.g. celiac ganglion)
5. Pass straight to the adrenal medulla without synapsing as an abdominopelvic splanchnic nerve (directly stimulating adrenaline release)
33
What do the cardiopulmonary splanchnic nerves supply?
Sympathetic nerves to the heart and lungs
34
What do cardiopulmonary splanchnic nerves contain?
Post-synaptic fibres from cervical and upper thoracic sympathetic chains
35
What does the cardiac plexus contain?
Sympathetic fibres
Parasympathetic fibres
Visceral afferents
36
What do spinal sacral nerves supply?
Organs of the lower abdomen, pelvis and perineum (pelvic splanchnic nerves are parasympathetic)
37
How do parasympathetic signals reach the organs?
Via cranial nerves III, VII, IX and X (occulomotor, facial and glossopharyngeal + vagus)
38
The aortic arch innervation is done by what?
Baroreceptor reflex afferents in the vagus nerve
39
What is vagal tone?
Continuous background action potentials in CN X to slow the heart rate
40
Where are chemoreceptor nerve endings found?
In the root of the aorta and IV septum
41
Where are the 6 locations of visceral afferent nerve endings?
1. inner aortic arch
2. pulmonary trunk
3. around the SA node
4. outflow tracts from both ventricles
5. papillary muscles
6. vena cavae
42
What happens at the postcentral gyrus of parietal love (somatosensory)?
Action potentials arriving here bring body wall (somatic) sensations into "consciousness"
43
What happens at the precentral gyrus of the frontal lobe (somatomotor)?
Action potentials originating here bring about contractions of body wall (somatic) skeletal muscle
44
What divides the postcentral gyrus of the parietal lobe and the precentral gyrus of the frontal lobe?
The central sulcus
45
What causes herpes zoster (shingles) and describe/explain the pain?
Reactivation of dormant virus in posterior root ganglion.
Pain can be felt anywhere in that dermatome - pain precedes blisters
Patient with shingles developing in T4/T5 dermatome may present with central chest pain
46
What two muscles could cause central chest pain if strained?
Pectoralis major and intercostal muscles
47
What joint dislocation can cause central chest pain?
Costochondral joint
48
Dull (visceral) central chest pain can be caused by what in relation to the trachea?
Tracheitis
49
Dull (visceral) central chest pain can be caused by what in relation to the aorta?
Ruptured aneurysm of aortic arch
50
Dull (visceral) central chest pain can be caused by what in relation to the abdominal viscerae?
Gastritis
Cholecystitis
Pancreatitis
Hepatitis
51
Dull (visceral) central chest pain can be caused by what in relation to the oesophagus?
Oesophagitis
52
Dull (visceral) central chest pain can be caused by what in relation to the heart?
Angina
Myocardial infarction
53
The thoracic duct courses down which side of the medastinum?
The left
54
The azygous vein courses down which side of the mediastinum?
The right
55
What is the ligamentum arteriosum?
Remnant of ductus arteriosus connecting pulmonary trunk to arch of the aorta
56
Where is the most common place for coronary atherosclerosis to occur?
LAD
57
What is the thoracic inlet bounded by?
Ribs 1, T1 vertebra and the jugular notch
58
Where is the transverse thoracic plane?
Between the sternal angle and T4/T5 intervertebral disc
59
What - beginning with T - is present in the anterior medastinum?
Thymus (gland/lymhpoid organ producing T lymphocytes in childhood - involutes and becomes replaced by adipose tissue after puberty)
60
Where do the intercostal veins drain posteriorly into?
The azygous vein
61
What is the opening in the diaphragm where the aorta passes through called?
The aortic hiatus
62
Where does the right lymphatic duct drain lymph into?
The right venous angle
63
Where does the thoracic duct drain lymph into?
Left venous angle
64
What lymph nodes are congregated around the bifurcation of the trachea?
Tracheo-bronchial lymph nodes
65
What lymph nodes surround the main bronchus at the lung root?
Bronchopulmonary lymph nodes
66
What is the surface anatomy of the left venous angle?
Left sternoclavicular joint
67
What is the swollen start of the thoracic duct in the abdomen called?
Cisterna chyli
68
What structure does the phrenic nerve pass through the diaphragm with?
The IVC
69
What special branch comes from the left vagus nerve, near the lung roots?
The recurrent laryngeal branch of the left vagus nerve
70
What rib does the subclavian vein cross?
Rib 1
71
What postition should the patient be in to view the jugular venous pressure (JVP)?
head/neck/chest raised to 45 degrees, head turned to the left
(At 45 the JVP should be no more than 3cm to the sternal angle)
72
What causes the JVP to be seen?
Atrial contraction then filling of the right atrium against a closed tricuspid valve causes a "double pulsation" (pressure wave) conducted in a retrograde direction into the central veins that can be observed in the internal jugular vein.
73
What test can you do to view the JVP?
Abdominojugular test (increases venous return)
74
Which is more medial - the vagus nerve or phrenic nerve?
The vagus
75
What artery does the right recurrent laryngeal nerve hook under?
Right subclavian artery (nerve doesnt enter chest)
76
What structure does the left recurrent laryngeal nerve hook under?
The arch of the aorta (nerve enters chest)
77
Once the vagus nerves have given off their recurrent laryngeal branches what fibres are they left containing (only fibres left)?
parasympathetic fibres
78
What nerves supply the dermatomes over the shoulder tip?
Supraclavicular nerves (C3 and C4)
79
What nerves enter the spinal cord at the same level as the phrenic nerve?
Supraclavicular nerves
80
What muscles does the left recurrent laryngeal nerve supply?
The muscles of the larynx
81
What is the cephalic vein?
Superficial vein of the upper limb
82
What great vein courses down the inside of the leg?
The great saphenous vein and the musculo-venous pump
83
Where will you find the pulse in the neck?
Bifurcation of common carotid artery - anterior to sternocleidomastoid muscle at the level of the superior border of thyroid cartilage
84
Where will you find the brachial artery pulse?
Medial to biceps brachii tendon in the cubital fossa
85
Where will you find the radial artery pulse?
Lateral to the tendon of flexor carpi radialis
86
Where will you find the pulse of the femoral artery?
Inferior to the midpoint of inguinal ligament
87
Where will you feel the popliteal artery?
In the popliteal fossa (immediately posterior to the knee joint)
88
Where will you feel the pulse of the posterior tibial artery?
Between the posterior border of the medial malleolus and the achilles tendon
89
Where will you feel the pulse of the dorsalis pedis artery?
Medial to the tendon of extensor hallucis longus on the dorsum of the foot
90
What makes up the brachial plexus?
Anterior rami of C5-T1 spinal nerves - supplies the upper limb
91
What two vessels is the scalenus anterior muscle between?
On the right - subclavian artery and right subclavian vein | ESSENTIALAI-STEM |
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Center of lateral resistance
The center of lateral resistance is the center of pressure of the hydrodynamic forces on the hull of a boat. The center of pressure is the point on a body where the total sum of a pressure field acts, causing a force and no moment about that point. The total force vector acting at the center of pressure is the value of the integrated vectorial pressure field. The resultant force and center of pressure location produce equivalent force and moment on the body as the original pressure field. Pressure fields occur in both static and dynamic fluid mechanics. Specification of the center of pressure, the reference point from which the center of pressure is referenced, and the associated force vector allows the moment generated about any point to be computed by a translation from the reference point to the desired new point.
The relationship of the aerodynamic center of pressure on the sails of a sailboat to the hydrodynamic center of lateral resistance on the hull determines the behavior of the sailboat in the wind. This behavior is known as the "helm" and is either a Weather helm or lee helm. A slight amount of weather helm is thought by some sailors to be a desirable situation, both from the standpoint of the "feel" of the helm, and the tendency of the boat to head slightly to windward in stronger gusts, to some extent self-feathering the sails and pointing into oncoming waves. Other sailors disagree and prefer a neutral helm.
The fundamental cause of "helm", be it weather or lee, is the relationship of the center of pressure of the sail plan to the center of lateral resistance of the hull. If the center of pressure is astern of the center of lateral resistance, the result is a weather helm, the tendency of the vessel to want to turn into the wind.
If the situation is reversed, with the center of pressure forward of the center of lateral resistance of the hull, a "lee" helm will result, which is generally considered undesirable, if not dangerous. Too much of either helm is not good, since it forces the helmsman to hold the rudder deflected to counter it, thus inducing extra drag beyond what a vessel with neutral or minimal helm would experience.
Other boats
Other boats, including kayaks, are subject to the same phenomena. To counter this, they use a rudder or skeg. | WIKI |
AZD7594
Ligand id: 9325
Name: AZD7594
Structure and Physico-chemical Properties
2D Structure
Calculated Physico-chemical Properties
Hydrogen bond acceptors 7
Hydrogen bond donors 2
Rotatable bonds 11
Topological polar surface area 112.94
Molecular weight 606.23
XLogP 4.28
No. Lipinski's rules broken 1
Molecular properties generated using the CDK
Classification
Compound class Synthetic organic
IUPAC Name
3-[5-[(1R,2S)-2-(2,2-difluoropropanoylamino)-1-(2,3-dihydro-1,4-benzodioxin-6-yl)propoxy]indazol-1-yl]-N-(oxolan-3-yl)benzamide
Synonyms
AZ13189620
Database Links
PubChem CID 44516034
Search Google for chemical match using the InChIKey ZZWJKLGCDHYVMB-QMQODZDESA-N
Search Google for chemicals with the same backbone ZZWJKLGCDHYVMB
Search UniChem for chemical match using the InChIKey ZZWJKLGCDHYVMB-QMQODZDESA-N
Search UniChem for chemicals with the same backbone ZZWJKLGCDHYVMB
Comments
AZD7594 is a novel non-steroidal modulator of inflammation. Functionally it is a selective glucocorticoid receptor modulator (SGRM) delivered by inhalation, being developed for asthma and COPD. Stereoisomers with 3S and 3R configuration at the bond with the tetrahydrofuran group are claimed in patent US8916600 (Examples 5 and 6 respectively) [1], although we show no chiral-specification at this bond. We will be able to confirm chirality when the compound is declared in a peer reviewed publication. | ESSENTIALAI-STEM |
We gratefully acknowledge support from
the Simons Foundation and member institutions.
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Physics > Optics
Title:Optical Magnetic Mirrors without Metals
Abstract: The reflection of an optical wave from a metal, arising from strong interactions between the optical electric field and the free carriers of the metal, is accompanied by a phase reversal of the reflected electric field. A far less common route to achieve high reflectivity exploits strong interactions between the material and the optical magnetic field to produce a magnetic mirror which does not reverse the phase of the reflected electric field. At optical frequencies, the magnetic properties required for strong interaction can only be achieved through the use of artificially tailored materials. Here we experimentally demonstrate, for the first time, the magnetic mirror behavior of a low-loss, all-dielectric metasurface at infrared optical frequencies through direct measurements of the phase and amplitude of the reflected optical wave. The enhanced absorption and emission of transverse electric dipoles placed very close to magnetic mirrors can lead to exciting new advances in sensors, photodetectors, and light sources.
Subjects: Optics (physics.optics)
Cite as: arXiv:1403.1308 [physics.optics]
(or arXiv:1403.1308v1 [physics.optics] for this version)
Submission history
From: Sheng Liu [view email]
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Mesothelioma.com Resources for Patients and their Families
Refractory Cement
Why Was Asbestos Used in Refractory Cement?
Every type of cement must be tough and durable, but Refractory Cement is specifically designed to be strong, long lasting and able to endure even the highest of temperatures. It is used in areas that are subjected to intense heat and even fire, which is why asbestos was so perfect as the primary ingredient.
The naturally occurring material known as asbestos is a fire retardant material that is found in large deposits. For years, it was mined by the ton and used in hundreds of heavy duty products. It helped to make construction goods such as cement stubbornly hold together even under the most severe circumstances. To put it simply, it takes a lot to crack or break this stuff.
Refractory Cemement becomes Dangerous As It Falls Apart Overtime
Regardless of its great strength, over time even Refractory Cement can start to fall apart. When this does happen, small dust particles of asbestos can escape and get into the air. Instances such as this would allow for unsuspecting people to breathe this dust in, and have it settle inside of their respiratory system. Once there, the dust can cause massive tissue scarring and lead to a respiratory disorder called asbestosis. Conditions can become even worse from there, and affected individuals might even develop a cancerous disease known as mesothelioma. It is incurable and the number of mesothelioma survivors is low. There are different types of malignant mesothelioma including pleural, peritoneal and pericardial, and there are different mesothelioma cell types as well including biphasic mesothelioma, papillary mesothelioma and sarcomatoid mesothelioma.
What Are My Treatment Options?
Our mesothelioma treatment guide offers information about the types of treatment options available to those suffering from the disease. Today, there are many quality mesothelioma clinics that offer both conventional and experimental mesothelioma treatment to patients including photo-dynamic therapy, mesothelioma brachytherapy and immunotherapy.
Decades passed before the general public in America became aware of these dangers. When they did, they reacted by filing personal injury claims against the manufacturers to demand monetary compensation. Another result was that companies stopped using the hazardous mineral entirely. Most did, that is, but others kept quiet about their ongoing usage of the toxic substance. So many people were harmed as a result that the Environmental Protection Agency stepped in and banned asbestos altogether. Manufacturers were finally forced to stop producing dangerous products to save themselves some money.
Wide-spread inclusion of asbestos in commodities like Refractory Cement and hundreds of other items meant that people everywhere were exposed to it. Many people have been afflicted to date, and the numbers may continue to rise, because no one knows how many contaminated products are still out there. Durable cement patches are probably safe for the most part, but if they are broken they could become a threat to anyone nearby.
Refractory Cement Products Containing Asbestos
The following partial list of refractory cement products were known to contain asbestos:
Product Name Start Year End Year
A.P. Green Kast-O-Lite Refractory Cement 1956 1972
A.P. Green No. 36 Refractory Cement
A.P. Green Refractory Cement
Babcock & Wilcox Refractory Products
Combustion Engineering Block Stick 1963 1972
Combustion Engineering Expansion Joint Hat 1963 1966
Combustion Engineering Gunisul 1963 1966
Combustion Engineering Lite Wate 22 1969 1972
Combustion Engineering Lite Wate 50 1969 1972
Combustion Engineering Mix A 1963 1972
Harbison Walker Metalkase Chromex 8 1964 1970
Harbison Walker Micacrete 7/H-W 21-63 1963 1975
Johns Manville 319 Semi-Refractory Cement 1925 1969
Kaiser Aluminum Plastic K-N Refractory Cement
Quigley Insulag Refractory Cement 1935 1974
Quigley Insulbox Refractory Cement 1935 1974
Quigley Insuline Refractory Cement 1940 1970
Quigley Panelag Refractory Cement 1945 1974
Quigley Panelbond Refractory Cement 1940 1974
Have You Been Exposed?
If you were responsible for mixing or installing Refractory Cement, you may have unknowingly inhaled trace amounts of toxins. Check with your doctor to receive a thorough examination, and if you have been afflicted contact us to receive a free brochure on your rights and legal recourses.
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Gabriel NUÑEZ, et al., Plaintiffs, v. The CITY OF SAN DIEGO, Susan Golding, in her official capacity as Mayor of the City of San Diego, Jerry Sanders, in his official capacity as Chief of Police for the City of San Diego, Defendants.
No. CV 95-321 H.
United States District Court, S.D. California.
Dec. 18, 1995.
Michael Marrinan, Adler & Marrinan, San Diego, CA, Jordan C. Budd, American Civil Liberties Union, San Diego, CA, Juanita Brooks, McKenna & Cuneo, San Diego, CA, Mark Pulliam, Latham & Watkins, San Diego, CA, for Plaintiffs.
James Chapin, Office of City Attorney, San Diego, CA, for Defendants.
John F. Duffy, Covington & Burling, Washington, DC, Robert Teir, American Alliance for Rights and Responsibilities, Washington, DC, Amicus.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT
HUFF, District Judge.
On March 15, 1995, plaintiffs filed suit against the City of San Diego, the City’s mayor, Susan Golding, and Chief of Police, Jerry Sanders. They challenge the constitutionality of Article 8, section 58.01 of the San Diego Municipal Code. Plaintiffs charge that the Ordinance violates their (1) Fifth and Fourteenth Amendment rights to due process, equal protection, privacy, and travel; (2) Fourth and Fourteenth Amendment rights to be free from unreasonable searches and seizures; and (3) First and Fourteenth Amendment rights to free speech, association, and exercise of religion. Defendants and the American Alliance for Rights and Responsibilities, amicus curiae, oppose plaintiffs’ challenge.
The parties have filed cross motions for summary judgment. Plaintiffs and defendants agree that the case presents a question of law — the constitutionality of the Ordinance. After reviewing the papers submitted by the parties and considering the oral argument presented to the court, the court finds that the Ordinance does not abridge plaintiffs’ rights as guaranteed by the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. First, the court finds the terms employed by the City in the Ordinance are not unconstitutionally vague.
Second, the statute is not overbroad. To the extent that overbreadth analysis is appropriate in this case, the court finds that the statute does not abridge directly any First Amendment freedoms. To the extent that a minor’s speech or assoeiational rights are restricted incidentally by the curfew, the court finds the limitation to be reasonable with regard to time, place and manner.
Third, the court finds that section 58.01 does not violate minors’ rights to equal protection. Even assuming that minors possess the fundamental right to travel freely in the public forum, the court finds that the City of San Diego possesses a compelling interest in ensuring the welfare of minors. In particular, the City maintains a compelling interest in protecting juveniles from the dangers attendant to unsupervised late night activities, as well as protecting society from the dangers some minors pose during the same time. In pursuit of this end, the court finds section 58.01 narrowly tailored.
Fourth, the Ordinance does not infringe upon minors’ Fourth Amendment freedoms from unreasonable searches and seizures. Fifth and finally, the curfew does not abridge the parental rights to raise their children autonomously. Although parents possess such rights, these liberty interests are not absolute. The court finds the limited intrusion into this area of constitutional protection to be reasonable and justified under the circumstances. Consequently, the court grants summary judgment on behalf of defendants and denies summary judgment as requested by plaintiffs.
BACKGROUND
Article 8, section 58.01 of the San Diego Municipal Code sets a curfew for all persons under the age of 18. San Diego Municipal Code section 58.01 provides:
It shall be unlawful for any minor under the age of eighteen (18) years, to loiter, idle, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places, between the hours of ten o’clock P.M. and daylight immediately following; provided, however, that the provisions of this section do not apply when the minor is accompanied by Ms or her parents, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand directed by his or her parent or guardian or other adult person having the care and custody of the minor, or when the minor is returning directly home from a meeting, entertainment or recreational activity directed, supervised or sponsored by the local educational authorities, or when the presence of such minor in said place or places is connected with and required by some legitimate business, trade, profession or occupation in wMch said minor is lawfully engaged.
The Ordinance specifies that, m public places in San Diego, unsupervised minors may not “loiter, idle, wander, stroll or play” after 10 p.m. The Ordinance includes three statutory defenses to its mandate; unsupervised minors may use the public forum after 10 p.m. when (1) running an emergency errand as directed by Ms or her parent or guardian, (2) returning directly home from an activity sponsored by local educational authorities, and (3) the minor’s presence at the particular location is connected with and required by the minor’s job. San Diego Municipal Code, Art. 8, § 58.01. A violation of section 58.01 constitutes a misdemeanor and subjects the offender to the jurisdiction of the Juvenile Court. San Diego Municipal Code, Art. 8, § 58.01.2. In addition, a parent or guardian who permits Ms or her charge to violate the Ordmance may suffer a criminal conviction. San Diego Municipal Code, Art. 8, § 58.01.1.
DISCUSSION
Plaintiffs’ attack on the mumcipal ordinance contains five essential elements. First, plaintiffs claim that the Ordmance infringes upon their First and Fourteenth Amendment rights; they assert that they maintain legitimate activities during the curfew hours and the curfew precludes the continuation of these legitimate activities. From tMs position, plaintiffs claim that the statute is unconstitutionally overbroad. Next, plaintiffs assert that the Ordmance violates minors’ fundamental rights, and in so doing, fails under the Fourteenth Amendment’s strict scrutiny analysis. In their third argument, plaintiffs challenge the Ordinance under the Fourth Amendment. They claim that the legislation subjects minors and near-minors to unreasonable searches and seizures in contravention of the Constitution’s protection. Fourth, plaintiffs who are parents of minors argue that the Ordinance transgresses their privacy rights as parents. Fifth and finally, plaintiffs challenge the Ordinance as being void for vagueness.
Prelimmarily, the court notes that plaintiffs challenge the Ordinance on its face. They neither assert nor submit evidence regarding an unlawful enforcement of the statute. In fact, plaintiffs agree that the court should look past the enforcement efforts and evaluate the Ordinance alone. Accordingly, the court reviews the statute to determme whether, on its face, it abrogates individual rights as plaintiffs’ claim.
I. Procedural Due Process
A The Vagueness Doctrine
The constitutional guarantee of due process embodied in the Fourteenth Amendment requires the legislature to define laws with “sufficient defimteness that ordinary people can understand what conduct is proMbited.” Kolender v. Lawson, 461 U.S. 352, 357, 103 S.Ct. 1855, 1858, 75 L.Ed.2d 903 (1983). TMs guarantee provides the public with an understandmg of what conduct violates the law and inMbits the police from engaging in arbitrary and discriminatory enforcement. Id.; see Grayned v. City of Rockford, 408 U.S. 104, 108-109, 92 S.Ct. 2294, 2298-2299, 33 L.Ed.2d 222 (1972). Challenging the Ordinance under the vagueness doctrine, plaintiffs argue that the section 58.01 requires persons of ordinary rntelligence to guess at its meaning. The court disagrees.
Section 58.01 sets forth (1) the portion of the citizenry subject to its dictates; (2) the locations at wMch a violation may occur; (3) the specific actions wMch constitute violations; and (4) the exceptions to the Ordinance’s mandates. First, the curfew reaches “any minor under the age of eighteen (18) years”. San Diego Municipal Code, Art. 8, § 58.01. No reasonable person could doubt which persons fall under the statute’s directive. Second, section 58.01 defines the areas in which a violation may occur. The curfew applies “in or upon the public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places.” Id. The Ordinance is clear on the location covered.
The thrust of plaintiffs’ attack on the statute’s language concerns the terms “loiter, idle, wander, stroll, or play.” They rely on Papachristou v. City of Jacksonville, 405 U.S. 156, 92 S.Ct. 839, 31 L.Ed.2d 110 (1972) in support of that position. In Papachristou, the Supreme Court struck down on vagueness grounds an ordinance that made it illegal to be a vagrant. Id., 405 U.S. at 156-157, & n. 1, 92 S.Ct. at 840-841, & n. 1. Vagrants were defined as, inter alia, “common night walkers ... [and] persons wandering or strolling around from place to place without any lawful purpose or object.” Id., 405 U.S. at 156 & n. 1, 163, 92 S.Ct. at 840 & n. 1, 843-844. The Supreme Court found that this part of the Florida ordinance cast an overly broad net in order “to increase the arsenal of the police.” Id., 405 U.S. at 165, 92 S.Ct. at 845.
Section 58.01 differs greatly from the ordinance at issue in Papachristou. First, section 58.01 is not an anti-vagrancy statute; it is a curfew for children. The Florida statute was used as a police tool to determine which people could walk outside at night and which individuals could not. Papachristou, 405 U.S. at 165-169, 92 S.Ct. at 845-847. In contrast, the San Diego ordinance aims at keeping all unsupervised minors, and only unsupervised minors, from hanging out aimlessly in public after 10:00 p.m. The City Council employed terms with sufficient clarity in section 58.01 to achieve that goal. To “loiter, idle, wander, stroll, or play” in a public area requires a degree of aimlessness. Under section 58.01, walking to the store to make a purchase or walking to one’s car to drive home do not constitute illegal actions. The Ordinance makes illegal the recreational activities of strolling, wandering, idling, playing and loitering.
The court rejects plaintiffs’ assertions that the exceptions contained in Section 58.01 broaden the meanings of “loiter, idle, wander, stroll, [and] play.” The emergency errand, employment, and school activity exceptions constitute three specific statutory defenses; they illustrate the narrow focus of the curfew’s prohibitions. Those exceptions, however, do not expand the meaning of “loiter, idle, wander, stroll, [and] play.” Because the ordinance is “readily susceptible” to the construction set forth above, it is this court’s duty to uphold the statute. See Virginia v. American Booksellers Ass’n, 484 U.S. 383, 397, 108 S.Ct. 636, 645, 98 L.Ed.2d 782 (1988). The court need not rewrite the Ordinance “to conform it to constitutional requirements.” Id.
In fact, the Supreme Court’s decision in Kolender reflects the propriety of words such as “loiter” and “wander.” Kolender, 461 U.S. at 353-354, 103 S.Ct. at 1856. In Kolender, the Court struck down a statute that defined a misdemeanor as follows:
Every person ... who loiters or wanders upon the streets or from place to place without apparent reason or business Md who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable person that the public safety demands such identification [is guilty of a misdemeanor].
Id., 461 U.S. at 353 & n. 1, 103 S.Ct. at 1856 & n. 1 (emphasis added). In its decision, the Court ignored the State’s prohibition of loitering and wandering and instead, struck the statute based on an intermediate California court’s interpretation that required the identification a person provided under the statute to be “credible and reliable.” It was that standard the Court found to be vague. Kolender, 461 U.S. at 356-362, 103 S.Ct. at 1857-1861. In fact, neither party raised any questions about the terms loitering or wandering in Kolender. Id., 461 U.S. at 361 n. 10, 103 S.Ct. at 1860 n. 10. Plaintiffs’ questions regarding the meaning of “legitimate business, trade, profession or occupation,” “adult person having care and custody of the minor,” “returning directly home” and “emergency errand” are not persuasive. San Diego need not employ words with “mathematical certainty.” Grayned, 408 U.S. at 110-111, 92 S.Ct. at 2299-2301. It need only provide clarity sufficient for an ordinary person to understand the scope of the illicit conduct. Id.; Kolender, 461 U.S. at 357, 103 S.Ct. at 1858. For example, an “adult person having care or custody of the minor” means an individual eighteen years of age or greater under whose supervision the parent or legal guardian has entrusted his or her charge. The words adopted in section 58.01 sufficiently set forth the meaning of the statute such that an ordinary person can recognize what conduct is prohibited.
Based on this reading of the statute, the court finds that section 58.01 gives sufficient guidance to law enforcement to guard against arbitrary and discriminatory enforcement. Nothing in the statute invites police officers to enforce section 58.01 in a discriminatory manner. Thus, unlike the broad and obscure statute in Papachristou, the court finds sufficient definitions in the Ordinance’s language to be constitutional.
B. The Overbreadth Doctrine
Plaintiffs seek to strike down the ordinance on the ground that it is unconstitutionally overbroad. They claim that the ordinance does not allow San Diego minors to attend political demonstrations, social events that are not school sponsored, and religious functions such as midnight mass, and in so doing, transgresses substantially more constitutionally protected activity than is permissible under the overbreadth doctrine.
Under an overbreadth analysis, the court must determine whether the ordinance abridges a substantial amount of constitutionally protected activity. Hoffman Estates v. The Flipside, Hoffman Estates, Inc., 455 U.S. 489, 494, 102 S.Ct. 1186, 1191, 71 L.Ed.2d 362 (1982). The constitutionally protected activities allegedly vitiated by the statute according to plaintiffs are the rights to free speech, free association, free exercise of religion, freedom of movement and freedom to travel.
The overbreadth doctrine applies only to challenges raised under the First Amendment. See Thornhill v. Alabama, 310 U.S. 88, 60 S.Ct. 736, 84 L.Ed. 1093 (1940); U.S. v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 2100, 95 L.Ed.2d 697 (1987). Thus, plaintiffs’ overbreadth challenges to section 58.01 with regard to “freedom of movement” and the “right to travel” fail as a matter of law. The gravamen of plaintiffs’ overbreadth claim is that section 58.01 inhibits minors from exercising their rights to free expression. See Members of City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789, 799, 104 S.Ct. 2118, 2125-2126, 80 L.Ed.2d 772 (1984).
1. First Amendment Guarantees of Free Speech
Plaintiffs challenge the Ordinance on the ground that it violates the guarantee of free speech to minors. However, section 58.01 does not directly curtail the First Amendment rights of minors. The ordinance only regulates conduct; it prohibits minors from engaging in several recreational activities in public after 10:00 p.m. Although section 58.01 may indirectly impinge upon some minors’ First Amendment freedoms, the court finds that it does not “impose a disproportional burden upon those engaged in First Amendment activities.” Arcara v. Cloud Books, Inc., 478 U.S. 697, 703-704, 106 S.Ct. 3172, 3175-3176, 92 L.Ed.2d 568 (1986); see also Minneapolis Star & Tribune Co. v. Minnesota Comm’r of Revenue, 460 U.S. 575, 103 S.Ct. 1365, 75 L.Ed.2d 295 (1983). The curfew applies equally to all minors within the City of San Diego and merely restrains a minor, when unsupervised by an adult, from engaging in five specified recreational activities after 10:00 p.m.
Nor does section 58.01 regulate conduct with an expressive element. See Texas v. Johnson, 491 U.S. 397, 404, 109 S.Ct. 2533, 2539-2540, 105 L.Ed.2d 342 (1989). Neither loitering, idling, strolling, wandering or playing connote expressive activities; they are recreational actions. “Any impingement on speech is incidental to the ‘nonspeech’ purposes furthered by the ordinance. When ‘speech’ and ‘nonspeech’ elements are combined in the same course of conduct, a sufficiently important governmental interest in regulating the nonspeech element justifies the incidental limitations on First Amendment freedoms.” United States v. O’Brien, 391 U.S. 367, 376, 88 S.Ct. 1673, 1678, 20 L.Ed.2d 672 (1968). The government interests in protecting juveniles from the dangers posed by unsupervised late night activities and protecting society from the dangers presented by unsupervised juveniles hanging out in the nighttime are sufficiently important to override the incidental limitations on expression. Because these important state interests do not relate in any way to the suppression of free expression, the court considers the curfew’s incidental effects on free speech to be constitutionally permissible. See O’Brien, 391 U.S. at 377, 88 S.Ct. at 1679.
In addition, to the extent that the curfew implicates a narrowing of minors’ freedom of speech, the court finds that limited nature of the restriction valid as to time, place, and manner. Such restrictions are valid when they are (1) imposed without reference to the content of speech; (2) narrowly tailored to meet a significant government interest; and (3) structured to allow sufficient alternative channels for communication. Clark v. Community for Creative Non-Violence, 468 U.S. 288, 293, 104 S.Ct. 3065, 3068-3069, 82 L.Ed.2d 221 (1984); accord Ward v. Rock Against Racism, 491 U.S. 781, 791, 109 S.Ct. 2746, 2753-2754, 105 L.Ed.2d 661 (1989).
The City of San Diego maintains an interest in controlling access to the public forum. See Cox v. New Hampshire, 312 U.S. 569, 61 S.Ct. 762, 85 L.Ed. 1049 (1941); Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476,13 L.Ed.2d 487 (1965). The ordinance reaches this goal in a content-neutral manner; any effect the curfew imposes on minors’ ability to engage in free expression occurs without reference to the intended message. In addition, section 58.01 meets the “narrow tailoring” prong because it “promotes a substantial government interest that would be achieved less effectively absent the regulation.” Ward, 491 U.S. at 799, 109 S.Ct. at 2758 (quotation and citation omitted). The government’s interest in protecting unsupervised juveniles from the dangers attendant to late night urban life would be curtailed significantly absent section 58.01. Finally, the ability of any parent or guardian to supervise or entrust their charge to the supervision of any adult for the purposes of engaging in political expression during the curfew’s hours leaves open to juveniles abundant avenues for communication. A minor can freely exercise his or her First Amendment freedoms at any time prior to 10:00 p.m.; after this hour, the City imposes the limited restriction of adult supervision. The City of San Diego may impose such restrictions without violating the Constitution’s guarantee of free expression.
2. First Amendment Guarantees of Free Association
There is no “generalized right of societal association.” Dallas v. Stanglin, 490 U.S. 19, 25,109 S.Ct. 1591,1595,104 L.Ed.2d 18 (1989). Nevertheless, a statute that denies individuals the right to assemble for the purposes of exercising First Amendment rights of free speech and religion is subject to the highest scrutiny. Roberts v. United States Jaycees, 468 U.S. 609, 618, 104 S.Ct. 3244, 3249-3250, 82 L.Ed.2d 462 (1984). However, section 58.01 affects indirectly minors’ associational rights.
The curfew restricts minors, if unsupervised by an adult, from assembling in public for recreational purposes after 10:00 p.m. Supervision by an adult allows a minor to fully enjoy the public forum after 10:00 p.m. Thus, considering (1) the limited nature of this burden, (2) the fact that minors can associate with each other in any private forum at any hour with or without adult supervision, (3) the nonspeech focus of the ordinance, and (4) the reasonable restriction of time, place, and manner, the court finds that the associational restrictions interposed by the curfew do not transgress the Constitution’s mandates.
3. First Amendment Guarantee to Free Exercise of Religion
Section 58.01 does not regulate the religious exercise of any minor in San Diego. Under the terms of the ordinance, a minor may travel directly to and from any religious activity at any hour. The curfew makes illegal the acts of hanging out in public following any participation in such activity; this proscription does not implicate the Free Exercise Clause of the First Amendment.
The court reviews challenges brought under the Free Exercise Clause of the First Amendment under the standard articulated in Sherbert v. Verner, 374 U.S. 398, 403, 83 S.Ct. 1790, 1793-1794, 10 L.Ed.2d 965 (1963); accord Vernon v. City of Los Angeles, 27 F.3d 1385, 1392 (9th Cir.); cert. denied, 513 U.S. 1000, 115 S.Ct. 510, 130 L.Ed.2d 417 (1994). Sherbert applies a strict scrutiny analysis to any government action that imposes a substantial burden upon an individual’s free exercise of religion. Id., 374 U.S. at 403, 83 S.Ct. at 1793-1794; Vernon, 27 F.3d at 1393. To reach this test, however, the individual must demonstrate that the State’s actions burdens the practice of his or her religion “by pressuring him or her to commit an act forbidden by the religion or by preventing him or her from engaging in conduct or having a religious experience which the faith mandates. This interference must be more than an inconvenience; the burden must be substantial and an interference with a tenet or belief that is central to religious doctrine.” Graham v. C.I.R., 822 F.2d 844, 850-851 (9th Cir.1987), aff'd sub nom., Hernandez v. C.I.R., 490 U.S. 680, 699, 109 S.Ct. 2136, 2148-2149, 104 L.Ed.2d 766 (1989).
Section 58.01 does not impose a substantial burden upon plaintiffs’ free exercise of religion. The curfew does not preclude any minor from practicing any religion; plaintiffs fail to identify any religious activity in which they engage which requires, as a central tenet of the faith, unsupervised minors to “loiter, idle, stroll, wander, or play” in a public place at night. Any inconvenience the burden imposes, such as restricting a minor’s ability to recreate without adult supervision outside of a church after midnight mass, the court considers far less than substantial. Alternatively, the court finds the Ordinance to be a reasonable time, place, and manner restriction. See Heffron v. Int’l Soc’y for Krishna Consciousness, 452 U.S. 640, 651-655, 101 S.Ct. 2559, 2565-2568, 69 L.Ed.2d 298 (1981). Consequently, the court concludes that Section 58.01 does not violate a minor’s rights under the Free Exercise Clause of the First Amendment.
II. Substantive Due Process
A. The Privacy Rights of Parents
Plaintiffs argue that section 58.01 violates the fundamental right of parents to direct their children’s upbringing and to preserve familial autonomy against unnecessary governmental intrusion. Although parents possess a constitutional right to direct their children’s upbringing, that right is not absolute. See Meyer v. Nebraska, 262 U.S. 390, 399-401, 43 S.Ct. 625, 626-627, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 534-535, 45 S.Ct. 571, 573-574, 69 L.Ed. 1070 (1925); Wisconsin v. Yoder, 406 U.S. 205, 213-215, 92 S.Ct. 1526, 1532-1533, 32 L.Ed.2d 15 (1972); Stanley v. Illinois, 405 U.S. 645, 649-652, 92 S.Ct. 1208, 1211-1213, 31 L.Ed.2d 551 (1972); Prince v. Massachusetts, 321 U.S. 158, 164-166, 64 S.Ct. 438, 441-442, 88 L.Ed. 645 (1944). The State maintains an interest in protecting the “moral, emotional, mental, and physical welfare of the minor, [as well as] the best interests of the community.” Stanley, 405 U.S. at 652, 92 S.Ct. at 1213. Clearly, the State as par-ens patriae may set restrictions regarding children’s labor and mandate school attendance. Prince, 321 U.S. at 166-168, 64 S.Ct. at 442-443.
Considering the present day problems and dangers associated with urban life, the State- has a substantial interest in protecting the physical and mental welfare of minors and in guaranteeing public safety and order. The curfew ordinance does not unduly burden a parent’s right to raise his or her child in an autonomous setting.. Rather, it represents a minimal restriction on the parents’ ability to allow their child to take up certain leisurely activities in public in the middle of the night. Parents can continue to allow their children to attend myriad functions after 10:00 p.m.; the statute only prohibits the unsupervised recreational acts of idling, strolling, playing, wandering and loitering.
In addition, the exceptions in section 58.01 allow a parent to entrust his or her child to the supervision of an adult of at least eighteen years. Thus, considering the legitimate limitations the State may impose on parental autonomy in the rearing of children, and reviewing the important governmental interests such as protecting children from the dangers presented by hanging out in the streets without any adult supervision in the nighttime and protecting society from the dangers posed by unsupervised minors during these late hours, the court finds that section 58.01 embodies and furthers the constitutionally recognized goals of protecting the welfare of children and society as a whole. Therefore, the City’s legitimate interests greatly outweigh the limited intrusions upon parental autonomy interposed by section 58.01.
III. Equal Protection
Plaintiffs claim that section 58.01 violates the equal protection guarantee of the Fourteenth Amendment. (Complaint> ¶ 46). Under plaintiffs’ theory, the City’s decision to impose a restriction on persons under the age of eighteen without imposing the same restrictions on all persons runs afoul of the constitutional guarantee to equal protection.
The Equal Protection Clause of the Fourteenth Amendment mandates that “No State shall ... deny to any person within its jurisdiction the equal protection of the law.” U.S. CONST., amend XIV. That command requires the State to treat alike all persons similarly situated. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439, 105 S.Ct. 8249, 3253-3254, 87 L.Ed.2d 313 (1985). Because the Ordinance distinguishes between two classes of individuals, individuals below eighteen years of age and those eighteen and older, equal protection analysis is appropriate.
First, the court must determine through which lens of equal protection analysis it must view the ordinance in question. As a general rule, courts presume the validity of all legislation and sustain classifications that are rationally related to a legitimate state interest. Id. Certain classifications, however, warrant heightened scrutiny by the reviewing court. Statutes that classify by race, national origin and alienage garner the highest level of judicial scrutiny and are upheld only upon a showing that they are narrowly tailored to serve a compelling state interest. McLaughlin v. Florida, 379 U.S. 184, 192, 85 S.Ct. 283, 288-289, 13 L.Ed.2d 222 (1964); Graham v. Richardson, 403 U.S. 365, 91 S.Ct. 1848, 29 L.Ed.2d 534 (1971). Similarly, gender classifications merit heightened review and fall except upon a showing that the classification substantially serves a important state interest. Mississippi Univ. for Women v. Hogan, 458 U.S. 718, 723-724, 102 S.Ct. 3331, 3335-3336, 73 L.Ed.2d 1090 (1982).
Age distinctions drawn by the state fall within the ambit of the lowest level of scrutiny: the rational basis test applies. Gregory v. Ashcroft, 501 U.S. 452, 111 S.Ct. 2395, 115 L.Ed.2d 410 (1991); see also Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 313, 96 S.Ct. 2562, 2566-2567, 49 L.Ed.2d 520 (1976). The rational basis test requires that the court review the statute and uphold the legislation if it is rationally related to a legitimate government interest. City of Cleburne, 473 U.S. at 442-443, 105 S.Ct. at 3255-3256. Plaintiffs, however, do not argue that the Ordinance merits heightened scrutiny based on the age classification; they claim that section 58.01 infringes upon a minor’s fundamental rights.
The abridgement of an individual’s fundamental rights by a statute requires that the court subject the legislation to strict scrutiny. See e.g., Shapiro v. Thompson, 394 U.S. 618, 634, 89 S.Ct. 1322, 1331, 22 L.Ed.2d 600 (1969); Kramer v. Union Free School District No. 15, 395 U.S. 621, 626-628, 89 S.Ct. 1886, 1889-1890, 23 L.Ed.2d 583 (1969). Plaintiffs argue that section 58.01 curtails minors’ freedom of movement and right to travel, in contravention of the Fourteenth Amendment. The court disagrees.
The juvenile curfew does not implicate any fundamental rights possessed by juveniles. Adults possess rights, deemed fundamental, that minors do not. See Vernonia School Dist. 47J v. Acton, 515 U.S. 646, —, 115 S.Ct. 2386, 2391, 132 L.Ed.2d 564 (1995) (“liberty in its narrow sense”); McKeiver v. Pennsylvania, 403 U.S. 528, 549-551, 91 S.Ct. 1976, 1988-1989, 29 L.Ed.2d 647 (1971) (right to jury trial); Prince v. Massachusetts, 321 U.S. 158, 168-169, 64 S.Ct. 438, 443-444, 88 L.Ed. 645 (1944) (greater restrictions regarding child labor). Fundamental liberties are those liberties “implicit in the concept of ordered liberty” such that “neither liberty nor justice would exist if [they] were sacrificed.” Palko v. Connecticut, 302 U.S. 319, 325, 326, 58 S.Ct. 149, 152, 82 L.Ed. 288 (1937). The right to loiter, idle, wander, stroll or play late at night in an urban setting represents one of those liberties that is not coextensive between adults and minors. Although our concept of ordered liberty as embodied in the Fourteen Amendment contemplates that adults may move about freely in the public arena, United States v. Wheeler, 254 U.S. 281, 293, 41 S.Ct. 133, 134, 65 L.Ed. 270 (1920); Papachristou v. City of Jacksonville, 405 U.S. 156, 164, 92 S.Ct. 839, 844, 31 L.Ed.2d 110 (1972), these historical ideas do not extend to children. “Traditionally at common law, and still today, unemancipated minors lack some of the most fundamental rights of self-determination — including even the right of liberty in its narrow sense, i.e., the right to come and go at will.” Vemonia School Dist., 515 U.S. at —, 115 S.Ct. at 2391. The conclusion that minors possess a lesser right to free movement than adults corresponds with society’s recognition that minors are more vulnerable to society’s dangers than adults and that juveniles lack the ability “to make critical decisions in an informed mature, manner.” Bellotti v. Baird, 443 U.S. 622, 634, 99 S.Ct. 3035, 3043, 61 L.Ed.2d 797 (1979). Consequently, the court finds that the minors’ circumscribed liberty interest is subject to some lesser degree of scrutiny, such as a showing by the State that the statute at issue is substantially related to an important governmental interest. See Mississippi University for Women v. Hogan, 458 U.S. at 723-724, 102 S.Ct. at 3335-3336. Applying this intermediate test to the ordinance at hand, the court finds that Section 58.01 substantially serves the City’s interests in protecting (1) children from the dangers present from unsupervised late night recreation in public places and (2) society from the problems posed by unsupervised juveniles at night.
Nevertheless, like the court in Qutb v. Strauss, 11 F.3d 488, 492 (5th Cir.1993), cert. denied, 511 U.S. 1127, 114 S.Ct. 2134, 128 L.Ed.2d 864 (1994) (upholding the Dallas curfew ordinance of minors), the court will review the Ordinance under the most powerful judicial lens of strict scrutiny. Under strict scrutiny, the City must demonstrate that the ordinance is narrowly drawn to further a compelling state interest. Shapiro, 394 U.S. at 634, 89 S.Ct. at 1331. Defendants meet their burden. The City indicates that the curfew ordinance furthers the State’s interest in keeping unsupervised juveniles from the harms attendant to city life at night, as well as reducing late night juvenile crime. As the Supreme Court recognized in Bellotti v. Baird, 443 U.S. 622, 99 S.Ct. 3035, 61 L.Ed.2d 797 (1979), some minors lack the maturity of adults, and hence, are more susceptible to the dangers interposed by society and peer pressure. Id., 443 U.S. at 633-636, 99 S.Ct. at 3042-3044. San Diego has an interest in limiting the presence of unsupervised minors in public in the late evening; its interest stems both from a desire to protect minors from the dangers attendant to city living as well as protect other citizens from the problems presented by unsupervised youths spending their nights in the streets. The court finds these interests compelling.
Section 58.01 is narrowly drawn to serve this interest; its tailoring demonstrates that it was not interposed for an illegitimate purpose. First, the curfew only limits the activities of unsupervised minors. The supervision of a juvenile by his parent, guardian or any adult to whom the parent or guardian has entrusted the child, withdraws the minor from the curfew’s prohibitions. Second, the statute precludes the recreational activities of hanging out in the streets after 10:00 p.m. It does not restrict a minor from driving after 10:00 p.m. or traveling directly to or from any recreational activity. Only the recreational acts of loitering, strolling, idling, wandering, and playing in public are forbidden. Children moving directly through the public streets are less likely to become targets of crime or fall prey to peer pressure to become proponents of mischief. In addition, the curfew recognizes and protects several legitimate interests of minors, such as attending school functions and work. Finally, the statute allows minors to meet and engage in any recreational activity, even if they are unsupervised, as long as they engage in such activity in a non-public forum.
Contrary to plaintiffs’ claims, the ordinance does not limit juveniles to be outside their homes after 10 p.m. in only four limited circumstances. The statute limits its reach to “public streets, highways, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots, or other unsupervised places.” San Diego Municipal Code, Art. 8, § 58.01.
Unlike the ordinance struck down in Johnson v. City of Opelousas, 658 F.2d 1065 (5th Cir.1981), section 58.01 does not prohibit minors “from attending associational activities such as religious or school meetings, organized dances, and theater and sporting events” or traveling to and from such activities. Id., 658 F.2d at 1072. Consequently, even under the most powerful lens of judicial review, strict scrutiny, the court concludes that section 58.01 does not offend the Fourteenth Amendment’s guarantee of Equal Protection. To the contrary, the curfew comports with the City’s prerogative to structure its legal system “to account for children’s vulnerability [and] concern[,]” Bellotti, 443 U.S. at 635, 99 S.Ct. at 3044, and to further the City’s compelling interests in securing juvenile and social welfare.
IY. The Fourth Amendment Challenge
Plaintiffs also challenge the ordinance under the Fourth Amendment. Specifically, plaintiffs contend that the 'curfew requires young adults to carry identification and display it on demand to a police officer who inquires of their age in violation of the Fourth Amendment. The court disagrees.
The Fourth Amendment to the United States Constitution mandates that:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons to be seized.
U.S. CONST., amend IV. This amendment is made applicable to the states through the Fourteenth Amendment. Elkins v. United States, 364 U.S. 206, 213, 80 S.Ct. 1437, 1441-1442, 4 L.Ed.2d 1669 (1960). Section 58.01 does not authorize any officer to search or seize any person in violation of the Fourth Amendment.
In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the Supreme Court discussed the contours of the Fourth Amendment with regard to police questioning of individuals suspected of breaking the law. The Court held that a police officer’s investigation of a person’s activity in a particular area constituted a limited intrusion. Id., 392 U.S. at 16-18, 26-28, 88 S.Ct. at 1877-1878, 1882-1883. In this regard, the Court found that such a limited intrusion could be predicated upon a reasonable suspicion that the detained person was involved in an illegal activity; a “reasonable suspicion” requires a showing by the officer that she relied upon specific and articulable facts which support the inference that (1) some criminal activity was occurring, and (2) the detained individual had been involved in such activity. Id., 392 U.S. at 18-19, 88 S.Ct. at 1878-1879; Brown v. Texas, 443 U.S. 47, 51, 99 S.Ct. 2637, 2640-2641, 61 L.Ed.2d 357 (1979); Florida v. Boyer, 460 U.S. 491, 500, 103 S.Ct. 1319, 1325-1326, 75 L.Ed.2d 229 (1982.) Not only must the officer subjectively entertain this specific and articulable suspicion, the suspicion itself must meet the standard of objective reasonableness. United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct. 2574, 2578-2579, 45 L.Ed.2d 607 (1975).
Nothing in the curfew ordinance relieves the officer of the need to predicate a stop on such a “reasonable suspicion.” An officer may detain individuals pursuant to section 58.01 based on myriad factors that support an inference that the person is a minor who is loitering in a public area. If the officer has probable cause to belief that the individual is under 18 and is loitering, idling, wandering, strolling or playing in violation of the curfew’s mandate, the officer could lawfully arrest the individual for violation of section 58.01, in which case, the police contact a parent of the minor.
Moreover, nothing in the statute curtails a person’s ability to challenge the validity of a police officer’s actions that resulted in a citation under this ordinance pursuant to California Penal Code section 1538.5. The court finds no basis to invalidate section 58.01 based on the Fourth Amendment.
Y. STANDING
Finally, the court addresses defendants attempt to avoid adjudication of this case under the standing doctrine. Defendants argue that plaintiffs lack standing to raise the issues herein, thereby depriving the court of jurisdiction to reach the merits. The court disagrees.
To establish standing sufficient to allege a ease or controversy under Article III of the Constitution, a plaintiff must establish (1) injury in fact, i.e., the challenged statute threatens to invade a legally protected interest; (2) causation, i.e., the injury “can be traced to the challenged action of the defendant”; and (3) redressability, i.e., a favorable decision from the court will alleviate the injury. Northeastern Florida Chapter of Assoc’d General Contractors v. City of Jacksonville, 508 U.S. 656, 113 S.Ct. 2297, 124 L.Ed.2d 586 (1993). At a minimum, plaintiffs Asha Settimo, Michael Evans and Terra Lawson-Rem-er meet these requirements.
Ms. Lawson-Remer is a seventeen year old high school student who regularly participates in recreational and social activities after 10:00 p.m. (Pl.Exh. 13). Ms. Settimo is a fifteen year old freshman at Grossmont College. (Pl.Exh. 11). She too engages in recreational and social activities during curfew hours. Id. Settimo was arrested for a curfew violation on July 10, 1995. Mr. Evans is the father of a seventeen year old high school student. (PlExh. 15). He allows his daughter to participate in social and recreational activities during curfew hours; his daughter has been detained under Section 58.01 for a curfew violation. Id. The court finds that all three of these plaintiffs have demonstrated that they can challenge the curfew ordinance. All three maintain constitutional freedoms which are restricted by ordinance; a favorable decision by the court would lift those restrictions. Consequently, the court possesses jurisdiction to reach the merits of plaintiffs’ challenge.
CONCLUSION
Neither party disputes any material facts surrounding the imposition of San Diego Municipal Code section 58.01. Accordingly, summary judgment presents the appropriate disposition of this case. FED.R.CIV.P. 56. After considering the papers submitted by the parties and amicus curiae, the court finds that the defendants are entitled to summary judgment. In particular, the court finds that the Ordinance does not abridge plaintiffs’ rights as guaranteed by the First, Fourth, Fifth, and Fourteenth Amendments to the United States Constitution. Consequently, the court denies plaintiffs’ motion for summary judgment and grants defendants’ motion for summary judgment.
IT IS SO ORDERED.
. Although the Court in Papachristou set forth its opinion in the language of the vagueness doctrine, the opinion sounds under a theory of substantive due process. See Papachristou, 405 U.S. at 163-164, 92 S.Ct. at 843-844 (discussing the virtues of wandering, strolling, and loafing as extolled by Luis Munoz-Marin, Walt Whitman, Vachel Lindsay and Henry David Thoreau).
. The court addresses plaintiffs’ arguments regarding the rights to travel and move freely in the equal protection analysis.
. California Penal Code section 1538.5 allows for individuals to challenge evidence obtained by the police in violation of a person's Fourth Amendment rights.
. Because the court finds that these three plaintiffs possess standing sufficient to raise the constitutional challenges discussed herein, it need not and does not address the issue of standing regarding the remaining plaintiffs.
| CASELAW |
Authentication in Container Registry
Before you start using Container Registry through the Docker CLI, you need to authenticate.
Note
The required folder role is viewer. For more information about roles, see Access management.
You can authenticate as a user or service account. Read about authentication methods and choose the appropriate one.
Authentication methods
You can authenticate:
The authentication command looks like this:
$ docker login \
--username <token type> \
--password <token> \
cr.yandex
• Pass the token type in <token type> for the username parameter. Acceptable values: oauth, iam, or json_key.
• Pass the token itself to the password parameter.
• After specifying all the parameters, set cr.yandex as the address for authentication. Otherwise, the request will be sent to the default service, Docker Hub.
Authenticate as a user
Authentication using an OAuth token
Note
The validity period of an OAuth token is one year. Then you must get new OAuth token and repeat the authentication process.
1. If you don't have an OAuth token, get one via link.
2. Run the command:
$ docker login \
--username oauth \
--password <OAuth token> \
cr.yandex
Authentication using an IAM token
Note
The IAM token has a short lifetime — no more than 12 hours. That's why this is a good method for applications that automatically request an IAM token.
1. Get an IAM token.
2. Run the command:
$ docker login \
--username iam \
--password <IAM token> \
cr.yandex
Authenticate as a service account
Authentication using authorized keys
Note
Authorized keys do not expire, but you can always get new authorized keys and authenticate again if something goes wrong.
Using a service account, your programs can access Yandex.Cloud resources. Get a file with authorized keys for your service account via the CLI.
1. Get authorized keys for your service account:
$ yc iam key create --service-account-name default-sa -o key.json
id: aje8a87g4e...
service_account_id: aje3932acd...
created_at: "2019-05-31T16:56:47Z"
key_algorithm: RSA_2048
2. Run the command:
$ cat key.json | docker login \
--username json_key \
--password-stdin \
cr.yandex
Login Succeeded
• The cat key.json command writes the contents of the key file to the output stream.
• The --password-stdin flag allows the password to be read from the input stream.
Authentication using an IAM token
Note
The IAM token has a short lifetime — no more than 12 hours. That's why this is a good method for applications that automatically request an IAM token.
1. Get an IAM token.
2. Run the command:
$ docker login \
--username iam \
--password <IAM token> \
cr.yandex
Authenticate using a Docker Credential helper
The Docker Engine can keep user credentials in an external credentials store. This is more secure than storing credentials in the Docker configuration file. To use a credentials store, you need an external Docker Credential helper.
Yandex.Cloud uses docker-credential-yc as a Docker Credential helper. It stores user credentials and lets you use private Yandex.Cloud registries without running the docker login command. This authentication method supports operations on behalf of a user and service account. To work with docker-credential-yc, you need the Yandex.Cloud command-line interface: YC CLI.
Configuring a Credential helper
Important
You don't need to install the docker-credential-yc separately: just install the YC CLI and configure the Credential helper following the description below.
1. If you don't have a YC CLI profile yet, create one.
2. Configure Docker to use docker-credential-yc:
$ yc container registry configure-docker
Credential helper is configured in '/home/<user>/.docker/config.json'
During setup, information about the current user profile is saved.
3. Make sure that Docker is configured.
The /home/<user>/.docker/config.json file must contain the following line:
"cr.yandex": "yc"
4. You can now use Docker, for example, to push Docker images. You don't need to run docker login for that.
Additional Credential helper features
Using a Credential helper for a different YC CLI profile
You can use the Credential helper for another profile, without switching from the current one, by running the following command:
$ yc container registry configure-docker --profile <profile name>
For more information about YC CLI profiles, see Profiles.
Disabling a Credential helper
To avoid using Credential helpers for authentication, remove the cr.yandex domain string from the credHelpers block in the /home/<user>/.docker/config.json file. | ESSENTIALAI-STEM |
Talk:Redbridge, Southampton/Archive 1
Merge
I am against the proposed merge of articles suggested it would cause a loss of information in many cases and an overloading of the main page. Notably a similar set of proposals was made by an anonymous user to disrupt the Portsmouth page and those of its schools information is here and also here -- Drappel 21:54, 8 April 2007 (UTC)
Naming of articles about city suburbs
Can someone explain why the articles about the city suburbs have the suffix Hampshire rather than Southampton? e.g. Shirley, Hampshire rather than Shirley, Southampton (which is now a re-direct). As a Shirley resident, I don't consider that I live in Hampshire but rather in the City of Southampton, and I'm proud of it. On looking at the edit history, most of the articles were re-named in November 2006, with the edit summary "correct form of disambiguation". Where is this policy set out? Can you imagine renaming say, Edge Hill, Liverpool to Edge Hill, Lancashire simply because it falls within the boundaries of the old county of Lancashire? Daemonic Kangaroo 10:30, 23 September 2007 (UTC)
* The policy is set out at Naming conventions (settlements). The correct disabigutation of Edge Hill is actually Edge Hill, Merseyside. Only disambiguate to local authority area if there are two places with identical names within the ceremonial county boundaries. -- Jza84 · (talk) 15:47, 16 November 2007 (UTC)
Interim review
Per the request made at WP:UKGEO, here's a quick review to aid in the furthering of the article. Some of this is just my opinion, other bits are supported by policy and or guidelines. WP:UKCITIES are an excellent point of reference in building strong settlement articles, which include links to useful online sources too:
* That "Redbridge is a sizable ward" is open to point-of-view; "ward" would be more neutral and encyclopedic. Mentions of size in comparision to others might be of use for a new Geography section? You should be able to get statistics on area from neighbourhood.statistics.gov.uk.✅ (removal of POV, not addition of geog section!) Waggers 16:07, 16 November 2007 (UTC)
* The article should include the country (England not UK per WP:UKCITIES). Easily overlooked I know, but Wikipedia is an international project.✅
* Population should be mentioned in the lead and infobox too if figures are avaliable.✅
* Try to include the exact distance and direction from Southampton city centre in the lead (in this case it is 3.1 mi west - from Genuki).✅
* I'd be inclined to split the lead section in to two (or more bits). Maybe first one on location, second one on history, third on current status/make up?✅
* "The A35 road crosses the River Test here" are a no-no for GA and FA, as it gives the impression the article was written from the point of view of a resident. Try to remove mentions of "here".✅
* Some of the paragraphing is a little stubby - one sentence paragraphs are discouraged. I realise this is difficult to overcome for small areas without extensive source material, but it might be something to consider in the future.
* As pointed out above, this article should be retitled back to Redbridge, Hampshire, as it is the house style on Wikipedia.✅
Other than that the article is sound, and the referencing good. You may want to consider using a Quotation template for the historic description, and consider now looking at expanding into new sections suggested by WP:UKCITIES like Geography or Economy.
The only other small area I can think of that may be of some use as a reference is Didsbury in Manchester, which is a Good article.
Once these are fixed, and you've expanded some of the material, next step is a peer review! Hope that helped! -- Jza84 · (talk) 15:47, 16 November 2007 (UTC)
dates
there are errors in the dates of the old bridges,the single arch bridge was built in 1826 by hampshire council,and is recorded in the stone above the arch, the 5 arch bridge the mule pack and pass bridge was built in 1793 and was widen when the single arch bridge was built redbridge started life about a mile up river from its present location not far from what is known has the green bridge,just below green bridge about 200 yards is the old roman causeway edvidence of the man made causeway is still there over the 2000 years redbridge has been moving down river to its present location. the canal ran at the back of the what is now the anchor hotel and was lined with popular trees from the canal loading/unloading(redbridge) dock up to the canal entrance at millbrook point, there was also a loading dock at green park this is to mark with popular trees on the south corner of nine elms there is foundations of an old wall that runs from the river bank to the railway wall,from that wall to redbridge quay wall is a public hard,thats why a landing spot was kept open under the railline on the south side of the bridge, and why there are steps built into the rail embankment on the north side of the bridge southerner —Preceding unsigned comment added by <IP_ADDRESS> (talk) 23:57, 16 December 2007 (UTC)
* Thanks for this, but we have to rely on information that's verifiable from reliable sources. Do feel free to make the changes and additions necessary as long as you add WP:References that verify the information you're adding. Alternatively, if you can find resources on the web that would help us, please post them here and I (or another Wikipedia editor) will make the necessary alterations. Again, thanks very much for your input. Waggers (talk) 15:19, 17 December 2007 (UTC)
i can show you some of the info like the stone above the arch on the single bridge, i can show you the old roman causeway and there are maps about showing the corse of the andover canal and the steps in the rail emankment and landing stage they are still there the line of popular trees end in millbrook park,i have 2 1910 pictures off the bridges and ship inn www.old-maps.co.uk/indexmappage2>> redbridge,hampshire&isles of wight,>>coordinates 437200/113600 that map will show you the path of the canal cir 1871 you can see it going round redbridge on the east side of the village
—Preceding unsigned comment added by <IP_ADDRESS> (talk) 15:53, 17 December 2007 (UTC)
* In addition to the reference cited in the article, this source also supports the assertion that the single span bridge was built in 1793. Waggers (talk) 23:05, 17 December 2007 (UTC)
i have read your source,they have got there information from the redbridge merchant book and applyed the date of the first bridge to the second bridge. i have e-mailed them to go and recheck the book and to go and look at the date plaque on the single arch bridge, the mechant book tells who the merchants was who paid for the first bridge and gives the dates of start and finish of the 5 arch bridge i also noticed theres a map of the part canal between millbrook and southampton this part of the canal was never started because of the sea keeps flooding this area, the last real big flood there was in the 1920's when the flood water got level with millbrook train station platform (echo news paper has a picture of this) —Preceding unsigned comment added by <IP_ADDRESS> (talk) 14:07, 18 December 2007 (UTC)
* Great. As far as Wikipedia is concerned, we can only include information that we can verify through other sources - original research such as checking the date plaques ourselves etc. is inadmissable. Please do post back here if you find a reliable source (other than original research) that supports the version of events you've outlined above. Please don't take offense or interpret this as "I don't believe you" - it's just that we need to make sure we can back up the information we put in the article. Cheers, Waggers (talk) 16:42, 19 December 2007 (UTC)
its ok i not taking any offense alot of information on this area was not to well documented on most information has been handed down though the family over the years,like my family (dad side) came from millbrook,redbridge and totton area,my self i was born in redbridge on the millbrook housing estate alot of people here dont relize how big the parish,ward and village boundiers of redbridge is if you like i can take pictures of the the place i have talk about like the old roman causeway,the steps in the embankment,the old wall foundations,ect the plaque on the single bridge will not be easy to do plus that plaque was replace when the single arch bridge got badly damage in flood water and had to be repaired then it happen again but not so bad only lost one wall witch it still have the sand bags replacement wall theres never been any pre 1600 finds where redbridge is located now but about a mile north of redbridge there has been southerner —Preceding unsigned comment added by <IP_ADDRESS> (talk) 17:14, 20 December 2007 (UTC) | WIKI |
Clipper ships were a type of sailing vessel that were popular in the mid-19th century, particularly during the 1850s and 1860s.
The origin of the term “clipper ship” in naval architecture is disputed. But the consensus is that the Baltimore Clipper was the first vessel to employ that name.
Clipper ships were built for speed, allowing them to "clip" through the water at high speeds.
The East India Company employed fast clippers to keep a constant supply of goods between India and other countries.
The clipper ships era was dominated by American shipbuilders, who were able to build ships faster and cheaper than their British counterparts.
With the advent of steamships, which were faster and could sail against the wind, the demand for clipper ships began to decline.
Clipper ships were not only a means of transportation but also a symbol of a bygone era, a time of adventure and danger on the high seas. | FINEWEB-EDU |
Page:The vintage; a romance of the Greek war of independence (IA vintageromanceof00bensrich).pdf/198
"Did I not say it would be very good?" he murmured. "Oh, Mitsos, the black devils!"
He sat up and looked round, then pointed at the dead body of the Turk.
"I think I was stunned by the fall," he continued. "I remember falling and hitting my head an awful bang. So you shot him. Where is the other?"
He staggered to his feet and looked round at the millstone; it was streaked and clotted with something dark and oily, and its edges dripped with the same. Krinos's fingers, though he had been dead two minutes at the least, still opened and shut, like seaweed under the suck of a ground-swell, and the nails scratched impotently on the rough-splintered floor.
"We fell—he fell there," said Mitgos. "Come outside, Yanni. It is not good to stop here. Here, let me put my arm round you; you are unsteady yet."
Mitsos looked anxiously round as they got out, but no one was in sight. Yanni's mule had strayed into the field; und, after depositing his cousin against the wall, Mitsos went after it, and, muffling its bell with grass, led it round to the back of the mill, where Yanni was siiting. The latter was quickly recovering, but he felt his head ruefully.
"An awful bang!" he said. "Did he fire at me? My hair is burned."
"Yes," sald Mitsos, "and I at him. Fancy a soldier so bad a shot; but he was made silly at the sight of my pistol, I think. If he hadn't been a fool of a man he would have first fired at me; for, indeed, he had you safe. But I suppose there was no time to think."
"That was well for me," said Yanni.
Mitsos spat thoughtfully.
"Yanni," he said, "we must think very hard what we | WIKI |
Page:The Benson Murder Case (1926).pdf/155
humiliating truth is that I inferred the fact from the condition of yon samovar. I noted yesterday that it had been used, and had not been emptied or wiped off."
Markham nodded with contemptuous elation.
"You seem to have sunk to the despised legal level of material clues."
"That's why I'm blushing so furiously. . . . However, psychological deductions alone do not determine facts in esse, but only in posse. Other conditions must, of course, be considered. In the present instance the indications of the samovar served merely as the basis for an assumption, or guess, with which to draw out the housekeeper."
"Well, I won't deny that you succeeded," said Markham. "I'd like to know, though, what you had in mind when you accused the woman of a personal interest in the girl. That remark certainly indicated some pre-knowledge of the situation."
Vance's face became serious.
"Markham, I give you my word," he said earnestly, "I had nothing in mind. I made the accusation, thinking it was false, merely to trap her into a denial. And she fell into the trap. But—deuce take it!—I seemed to hit some nail squarely on the head, what? I can't for the life of me imagine why she was frightened.—But it really doesn't matter."
"Perhaps not," agreed Markham, but his tone was dubious. "What do you make of the box of jewellery and the disagreement between Benson and the girl?"
"Nothing yet. They don't fit in, do they?" | WIKI |
Calendar Link Parameters
Calendar settings is where you configure your calendar. These settings apply to all users globally. What if the global settings are not quite right for all users? Calendar link parameters allow you to overwrite global settings. Currently, the following parameters are supported:
• date: Opens the calendar for a specific date.
• view: Opens the calendar with a specific view.
• lang: Overwrites the default language of the calendar.
• title: Overwrites the default calendar title.
• tz: Force the timezone of the calendar to a specific value.
• refresh: Configure the calendar to automatically refresh.
• showHeader: Show or hide the calendar header (logo, title, search, etc.)
• showLogo: Show or hide the logo.
• showSidepanel: Show or hide the sidepanel. User can still access it.
• disableSidepanel: Disable the sidepanel. User cannot access it anymore.
• showTitle: Show or hide the calendar title.
• showViewSelector: Show or hide selector for calendar view.
• showStripes: Select how to visualize events assigned to multiple events
• weekStartDay: Select the first day of the week
• Examples with multiple Parameters
Example:
Calendar link parameters are key=value pairs that are appended at the end of a calendar URL. In the following example, link parameters are used to set the calendar start date to Sep. 9, 2017, the initial view to weekly view and the side-panel to be hidden.
http://teamup.com/ks48cf2135e7e080bc?date=2017-09-09&view=w&showSidepanel=0
Please note that the preferred way to configure your calendar is to use the settings application. The link parameters described in this document are meant to be used for exceptional cases only.
date Parameter
Configures the date that is initially set when the calendar is loaded.
date=yyyy-mm-dd Sets start date to a specific date, e.g. date=2017-09-09. This is useful for calendars that are used to plan for a specific event, like a conference.
date=today Sets start date to the current date.
date=y1 Sets start date to January 1 of the current year.
date=q1 Sets start date to the first day of the current quarter.
date=m1 Sets start date to the first day of the current month.
date=+1day Sets start date to tomorrow.
date=+3days Sets start date to three days from now.
date=+2weeks Sets start date to two weeks from now.
date=+1month Sets start date to one month from now.
date=+3months Sets start date to three months from now.
date=-1month Sets start date to one month in the past.
date=-1week Sets start date to one week in the past.
date=+1year Sets start date to one year from now.
Examples:
view Parameter
Configures the view that is initially shown when the calendar is loaded.
view=d Start with daily view.
view=md Start with multi-day view. The number of days is read from the settings.
view=md<n> Start with multi-day view showing <n> days. <n> takes values between 2 and 6, for example view=md6.
view=w Start with weekly view.
view=mw Start with multi-week view. The number of weeks is read from the settings.
view=mw<n> Start with multi-week view showing <n> weeks. <n> takes values from 2 to 12, for example view=mw8.
view=m Start with monthly view.
view=y Start with year view. The number of months shown is taken from the calendar settings.
view=y<n>m Start with year view showing <n> months. <n> takes values between 1 and 12. Example: view=y6m
view=a Start with agenda view.
view=l Start with list view.
view=s Start with scheduler view.
Examples:
lang Parameter
Configures the user interface language of the calendar.
lang=en English US
lang=en_GB English GB
lang=cs Czech
lang=da Danish
lang=de German
lang=es Spanish
lang=fr French
lang=hu Hungarian
lang=it Italian
lang=pt_PT Portuguese (Portugal)
lang=sk Slovak
lang=zh_CN Chinese (simplified)
lang=zh_TW Chinese (traditional)
Example:
title Parameter
Configures the title used for the calendar. This settings is particularly useful if you are sharing only selected sub-calendars of your calendar and want to properly name the shared calendar.
Please note that the title string must be properly encoded to be used as part of the URL. The encoding ensures that special characters like space, & or ? don’t break the URL. You can use an online encoding tool or your favorite programming language to encode the string.
title=My+custom+title Overwrites the default calendar title with the string “My custom title”. Note that + characters are turned in space characters.
Example:
http://teamup.com/ks48cf2135e7e080bc?title=My+custom+title
tz Parameter
Forces the timezone of the calendar to a specific value.
Note that the preferred way to set the timezone is to use the timezone configuration dialog in the menu. This parameter is only needed for exceptional cases, for example when the calendar is run on a display screen.
tz=Asia/Tokyo Supported values for the tz parameter are the official timezone identifiers as defined in the timezone database maintained by IANA.
Note that the timezone database in many cases defines multiple identifiers for the same timezone. In those cases, only the main identifier is supported by Teamup. Furthermore, timezones that are not used anymore today are not supported.
Example:
refresh Parameter – Premium Feature
The refresh parameter can be used to activate a periodic refresh of the calendar. This parameter is only supported with the Premium plan.
Note that this parameter is only needed for exceptional use cases, for example when the calendar is run on an unattended display screen. In normal use, the calendar is refreshed when users switch views, navigate between dates and other interactions with the calendar.
refresh=n Where n is the number of minutes between refreshes of the calendar.
Example:
showHeader Parameter
Configures if the header is hidden or shown. The header includes the logo, the title and the search input. See also parameters showLogo and showTitle to hide individual elements of the title. Hidding the header is often the desired configuration if the calendar is embedded into a web page.
showHeader=1 Show logo
showHeader=0 Hide logo
Example:
showLogo Parameter
Configures if the logo is hidden or shown.
showLogo=1 Show logo
showLogo=0 Hide logo
Example:
showSidepanel Parameter
Configures the visibility of the side panel when the calendar is initially started.
showSidepanel=0 Start with side panel collapsed.
showSidepanel=1 Start with side panel visible.
Example:
disableSidepanel Parameter
Enable or disable the sidepanel. If disabled, the user cannot access it anymore.
disableSidepanel=0 Sidepanel is not disabled (default)
disableSidepanel=1 Sidepanel is disabled.
Example:
showTitle Parameter
Configures if the title is hidden or shown.
showTitle=1 Show title
showTitle=0 Hide title
Example:
showViewSelector Parameter
Show or hide selector for calendar view. If the view selector is hidden, the user is not able to switch to a different calendar view. This is a useful configuration if a very minimal user interface is needed, for example if the calendar is embedded into another web page.
showViewSelector=1 Show the view selector (default).
showViewSelector=0 Hide view selector.
Example:
showStripes Parameter
Use this parameter to configure how events assigned to multiple sub-calendars are visualized. Note that this can be configured also in the calendar settings (Settings -> General Settings). We recommend to use this URL parameter only to override the default behavior configured in the calendar settings.
showStripes=1 Use stripes to visualize events assigned to multiple sub-calendars.
showStripes=0 Use multiple boxes to visualize events assigned to multiple sub-calendars.
Example:
weekStartDay Parameter
Use this parameter to configure the week start day of the calendar. Note that this can be configured also in the calendar settings (Settings -> Date & Time). We recommend to use this URL parameter only to override the default behavior configured in the calendar settings.
weekStartDay=fr Set week start day to Friday.
weekStartDay=sa Set week start day to Satusday.
weekStartDay=su Set week start day to Sunday.
weekStartDay=mo Set week start day to Monday.
Example:
Examples with Multiple Parameters
Keywords: auto-refresh, auto refresh, disable header, reduce space, collapse, minimize, maximize
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(35 out of 40 people found this article helpful) | ESSENTIALAI-STEM |
Norsk historie (Samlaget)
Norsk historie is a six-volume work about the general history of Norway. It was released in 1999 by Det Norske Samlaget.
The books which became volumes four, five and six in the series had been published before, but the time spans covered in those books were modified slightly. Some of the books have also been reissued after 2000. A Samlaget release, all the books are written in Nynorsk.
The first volume, ''Norsk historie 800–1300: frå høvdingmakt til konge- og kyrkjemakt. 1850–1900'' was written by Jón Viðar Sigurðsson. The second volume, Norsk historie 1300–1625: eit rike tek form was written by Geir Atle Ersland and Hilde Sandvik. The third volume, Norsk historie 1625–1814: vegar til sjølvstende was written by Ståle Dyrvik. The fourth volume, Norsk historie 1814–1860: frå standssamfunn mot klassesamfunn was written by Tore Pryser. The fifth volume, Norsk historie 1860–1914: eit bondesamfunn i oppbrot was written by Trond Bergh. The sixth volume, Norsk historie 1914–2000: industrisamfunnet – frå vokstervisse til framtidstvil was written by Berge Furre.
The six volumes span about 2000 pages. | WIKI |
Page:Withgodbookofpra00las.djvu/765
tion, and with detachment from self, having always death before my eyes and the account which I must render of time lost, of talents wasted, of good omitted, of vain complacency in success, so fatal to the work of God. All for Jesus, all for Mary, all after thy example, O patriarch Joseph. Such shall be my watchword in life and in death. Amen.
Indulgence of 300 days, once a day. — Pius X, March 15, 1907.
Grant, O holy Joseph, that, ever secure under thy protection, we may pass our lives without guilt.
Indulgence of 300 days, once a day. — Leo XIII, March 18, 1882.
Help us, Joseph, in our earthly strife; Ever to lead a pure and blameless life.
Indulgence of 300 days. — Leo XIII, March 18, 1882.
T. JOSEPH, foster-father of Our Lord Jesus Christ, and true spouse of Mary ever Virgin, pray for us.
Indulgence of 300 days, once a day. — Leo XIII, May 15, 1891.
MOST faithful guardian of Jesus and spouse of Mary, thou seest the anguish of my heart. I am disturbed and perplexed. Obtain for me the light of the Holy Ghost | WIKI |
History of Italian Renaissance domes
Italian Renaissance domes were designed during the Renaissance period of the fifteenth and sixteenth centuries in Italy. Beginning in Florence, the style spread to Rome and Venice and made the combination of dome, drum, and barrel vaults standard structural forms.
Notable architects during the Italian Renaissance were Filippo Brunelleschi, builder of the dome of Florence Cathedral, Donato Bramante, Andrea Palladio, and Michelangelo, designer of the dome of St. Peter's Basilica.
Florence Cathedral
After years of considering options, Filippo Brunelleschi and Lorenzo Ghiberti were made joint leaders of the project to build the dome for Florence Cathedral in 1420. Brunelleschi's plan to use suspended scaffolding for the workers won out over alternatives such as building a provisional stone support column in the center of the crossing or filling the space with earth. The octagonal brick domical vault was built between 1420 and 1436, with Ghiberti resigning in 1433. The roof lantern surmounting the dome, also designed by Brunelleschi, was not begun until 1446, after his death. It was completed in 1467. He had also planned for a two-story external gallery and cornice to be built at the top of the drum where a strip of unclad masonry can be seen today. Although a portion of it was constructed on the southeast side beginning in 1508, work stopped after the visual effect was criticized by Michelangelo.
The dome is 42 meters wide and made of two shells. A stairway winds between them. Eight white stone external ribs mark the edges of the eight sides, next to the red tile roofing, and extend from the base of the dome to the base of the cupola. Each of the eight sides of the dome also conceal a pair of intermediate stone ribs that are connected to the main ribs by means of a series of masonry rings. A temporary wooden tension ring still exists near the bottom of the dome. Three horizontal chains of sandstone blocks notched together and reinforced with lead-coated iron cramps also extend the entire circumference of the dome: one at the base (where radial struts from this chain protrude to the exterior), one a third of the way up the dome, and one two thirds of the way up the dome. Only four major cracks have been observed on the inner dome, compared to about fourteen each on the domes of the Pantheon and St. Peter's Basilica.
Although the design of the dome is very different from that of the Pantheon and it is unclear what the influences were, it does share some similarities with earlier and smaller brick domes in Persia. The use of a herringbone pattern in the brick allowed for short horizontal sections of the layers of the dome to be completed as self-supporting units. Over 32 meters in height, it remains the largest masonry dome ever built. The dome is not itself Renaissance in style, although the lantern is closer.
Structure and style
The combination of dome, drum, pendentives, and barrel vaults developed as the characteristic structural forms of large Renaissance churches following a period of innovation in the later fifteenth century. Renaissance domes were a development of Romanesque domes and inspired by ancient Roman models, with the domes of medieval Islam also a potential influence. Florence was the first Italian city to develop the new style, followed by Rome, then Venice. From the late 15th century, semicircular arches became preferred in Milan, but round domes were less successful due to structural difficulties compared to those with pointed profiles.
Florence
The examples from Florence are mostly from the early Renaissance, in the fifteenth century. Cities within Florence's zone of influence, such as Genoa, Milan, and Turin, mainly produced examples later, from the sixteenth century on. Brunelleschi's domes at San Lorenzo and the Pazzi Chapel established them as a key element of Renaissance architecture. His plan for the dome of the Pazzi Chapel in Florence's Basilica of Santa Croce (1430–52) illustrates the Renaissance enthusiasm for geometry and for the circle as geometry's supreme form. Twelve ribs between twelve circular windows converge on a small oculus. The circular dome rests on pendentives decorated with circular medallions of Florentine ceramic. This emphasis on geometric essentials would be very influential. The dome of the Certosa di Pavia (1396–1473) has a ribbed or spoked wheel design. The dome of San Sisto in Piacenza (1499–1514) is circular and also includes pendentives with circular medallions. Another early example is Giuliano da Sangallo's 1485 design of a dome on the church of Santa Maria delle Carceri in Prato. Like that of the Pazzi Chapel, the dome is ribbed. Another Renaissance dome with a ribbed or spoked wheel design is that of the Madonna di Campagna in Piacenza (1522–1528).
Rome
De re aedificatoria, written by Leon Battista Alberti and dedicated to Pope Nicholas V around 1452, recommends vaults with coffering for churches, as in the Pantheon, and the first design for a dome at St. Peter's Basilica in Rome is usually attributed to him, although the recorded architect is Bernardo Rossellino. Under Pope Nicholas V, construction started between 1451 and 1455 on an extension of the old St. Peter's Basilica to create a Latin cross plan with a dome and lantern 100 braccia high over a crossing 44 braccia wide (about 24.5 meters wide). Little more than foundations and part of the choir walls were completed before work stopped with the death of Nicholas V. This innovation would culminate in Bramante's 1505–6 projects for a wholly new St. Peter's Basilica, and throughout the sixteenth century the Renaissance set of dome and barrel vault would displace use of Gothic ribbed vaults.
Venice
Venetian Renaissance architecture, perhaps delayed due to Venice's political independence, was blended with the existing Venetian architectural tradition of Eastern influence. Pietro Lombardo designed the church of Santa Maria dei Miracoli (1481–89) with a dome over the sacristy. The masonry dome on a shallow drum and pendentives is covered by a taller outer wooden dome with a lantern. There is evident Byzantine influence in the line of three domes over the nave and crossing of the church of San Salvador, built between 1506 and 1534 by Giorgio Pietro Spavento and Tullio Lombardo.
Bramante
The Tempietto, a small domed building modelled on the Temple of Vesta, was built in 1502 by Bramante in the cloister of San Pietro in Montorio to commemorate the site of St. Peter's martyrdom. It has inspired numerous copies and adaptations since, including Radcliffe Camera, the mausoleum at Castle Howard, and the domes of St. Peter's Basilica, St Paul's Cathedral, the Panthéon, and the U.S. Capitol.
Bramante's initial design for the rebuilding of St. Peter's Basilica was for a Greek cross plan with a large central hemispherical dome and four smaller domes around it in a quincunx pattern. Work began in 1506 and continued under a succession of builders over the next 120 years. Bramante's project for St. Peter's marks the beginning of the displacement of the Gothic ribbed vault with the combination of dome and barrel vault. Proposed inspirations for Bramante's plan have ranged from some sketches of Leonardo da Vinci to the Byzantine quincunx church and the dome of Milan's Basilica of San Lorenzo. He completed the four massive central piers and the arches linking them by 1512, but cracking in the arches was detected between 1514 and 1534, possibly due to settling. The two eastern piers rest on solid marl and clay, while the other two rest upon remains of earlier Roman construction. That the piers and arches were left to stand with incomplete buttressing while construction stopped for over 30 years was also a factor.
Michelangelo
The Medici Chapel in Florence was designed by Michelangelo and built between 1521 and 1534.
Michelangelo inherited the project to design the dome of St. Peter's basilica in 1546. It had previously been in the hands of Bramante (with Giuliano da Sangallo and Fra Giovanni Giocondo) until 1514, Raphael Sanzio (assisted by Giuliano da Sangallo and Fra Giovanni Giocondo) until 1520, and Antonio da Sangallo the Younger (with Baldassare Peruzzi), whose work was disrupted by the sack of Rome in 1527. The design had been altered by Giuliano da Sangallo from being hemispherical to being 9 meters taller, segmental, and ribbed, and he had strengthened the piers and completed building the pendentives.
Michelangelo redesigned the dome to have two shells, a mostly brick internal structure, and three iron chains to resist outward pressure. His dome was a lower, hemispherical design. He further strengthened the piers by eliminating niches in them and the internal spiral staircase. Michelangelo obtained a decree from Pope Julius III that threatened an interdiction against anyone who altered his design, completed construction of the base for the drum by May 1558, and spent November 1558 to December 1561 creating a detailed wooden model. Construction of the drum was completed a few months after he died in 1564. Sixteen pairs of columns project out between sixteen windows in the drum to act as buttresses, and are aligned with the sixteen ribs of the dome and the paired columns of the lantern. An artist and sculptor, rather than an engineer, Michelangelo's did not create full engineering plans for the dome and his model lacked construction details. The dome of St. Peter's basilica was later built by Giacomo della Porta and Domenico Fontana.
Ovals
The publication of Sebastiano Serlio's treatise, one of the most popular architectural treatises ever published, was responsible for the spread of the oval in late Renaissance and Baroque architecture. Book I (1545), on geometry, included techniques to create ovals, and Book V (1547), on architecture, included a design for an oval church. The first church with an oval dome in the Renaissance period was the Sant'Andrea in Via Flaminia, built from 1550 to 1554 by Vignola. Use of the oval dome subsequently spread quickly through Italy, Spain, France, and central Europe. Such domes allowed for a synthesis of the two fundamental church types, longitudinal and central plan, and would become characteristic of Baroque architecture and the Counter-Reformation. The church of Sant'Anna dei Palafrenieri (c. 1568–1575), designed by Vignola and completed by his son Giacinto Barozzi, was the first church to have an oval dome over an oval plan.
Palladio
The Villa Capra, also known as "La Rotunda", was built by Andrea Palladio from 1565 to 1569 near Vicenza. Its highly symmetrical square plan centers on a circular room covered by a dome, and it would prove highly influential on the Georgian architects of 18th century England, architects in Russia, and architects in America, Thomas Jefferson among them. Palladio's two domed churches in Venice are Il Redentore (1577–92) and San Giorgio Maggiore (1565–1610), the former built in thanksgiving for the end of a bad outbreak of plague in the city.
St. Peter's Basilica
Pope Sixtus V appointed Giacomo della Porta and Domenico Fontana in 1588 to begin construction of the dome of St. Peter's Basilica to Michelangelo's model. They made modifications to his design estimated to have reduced the tensile stresses in the dome by 40%, including thinning the two shells near the top, reducing the thickness and exterior projection of the ribs, raising the springing line by 4.8 meters, and changing the shape of the dome. Giacomo della Porta insisted on a vertically elliptical profile for the dome of St. Peter's Basilica, for structural reasons, and construction began in June 1588. The dome was completed up to the base of the lantern in May 1590, a few months before the death of Pope Sixtus V. The lantern and lead covering for the dome were completed later, with the brass orb and cross being raised in 1592.
The lantern is 17 meters high and the dome is 136.57 meters from the base to the top of the cross. The ogival dome was built with 16 ribs and an inner diameter of 42.7 meters. It begins above the drum and attico (the decorative strip above the drum), which are about 18 meters tall. The two shells of the dome are brick and each about 1.19 meters thick at the base of the dome. Because the shells separate from each other as they rise, the dome is 2.7 meters thick overall. The sixteen ribs connect the two shells together and are made of stone. Carlo Maderno's extended nave, built between 1609 and 1614, included bays covered by oval domes with lanterns.
Cracks in the dome were noticed as early as 1603, when the mosaics covering the dome interior were completed, and additional cracks were recorded after 1631 and in 1742, demonstrating progression. Five more tie rings were added around the dome in 1743-44 by Luigi Vanvitelli. The iron chains included in the design to contain the dome's lateral thrust have had to be replaced ten times since it was constructed. Giovanni Poleni's 1748 report on the state of the dome, written in response to observed cracking, anticipated the safe theorem by stating "explicitly that the stability of a structure can be established unequivocally if it can be shown that the thrust line lies completely within the masonry." His observation of cracks in the outer shell by the ribs has more recently been attributed by computer models to the heavy lantern. | WIKI |
Page:The Naturalisation of the Supernatural.pdf/288
268 1884. 'I opened the drawing-room door softly and went in, standing just by it. She came in past me and walked to the sofa and stood still there, so I went up to her and asked her if I could help her. She moved, and I thought she was going to speak, but she only gave a slight gasp and moved towards the door. Just by the door I spoke to her again, but she seemed as if she were quite unable to speak. She walked into the hall, then by the side door she seemed to disappear as before.' (Quoted from a letter written on January 31st.) In May and June, 1884, I tried some experiments, fastening strings with marine glue across the stairs at different heights from the ground—of which I give a more detailed account later on.
"I also attempted to touch her, but she always eluded me. It was not that there was nothing there to touch, but that she always seemed to be beyond me, and if followed into a corner simply disappeared.
"During these two years the only noises I heard were those of slight pushes against my bedroom door, accompanied by footsteps; and if I looked out on hearing these sounds, I invariably saw the figure. 'Her footstep is very light, you can hardly hear it, except on the linoleum, and then only like a person walking softly with thin boots on.' (Letter of January 3rst, I884.) The appearances during the next two months—July and August, 1884—became much more frequent; indeed they were then at their maximum, from which time they seem gradually to have decreased, until now they seem to have ceased.
"Of these two months I have a short record in a set of journal letters written at the time to a friend. On July 21st I find the following account. "I went into the drawing-room, where my father and sisters were sitting, about 9 in the evening, and sat down on a couch close to the bow window. A few minutes after, as I sat reading, I saw the figure come in at the open door, cross the room, and take up a position close behind the couch where I was. I was astonished that no one else in the room saw her, as she was so very distinct to me. My youngest brother, who had before seen her, was not in the room. She | WIKI |
Build: #450 was successful Changes by Ian Bacher
Stages & jobs
1. Default Stage
2. Release
Requires a user to start manually
Build result summary
Details
Completed
Duration
68 minutes
Labels
None
Revisions
Git
2945f90dd2cb85c5f3e73e4e2146a0f11f7ad603 2945f90dd2cb85c5f3e73e4e2146a0f11f7ad603
Release scripts
681f3bff12454842e7e4fae01a15ce2827d75dc7 681f3bff12454842e7e4fae01a15ce2827d75dc7
Total tests
100
Successful since
#404 ()
Tests
Code commits
Git
Author Commit Message Commit date
Ian Bacher Ian Bacher 2945f90dd2cb85c5f3e73e4e2146a0f11f7ad603 2945f90dd2cb85c5f3e73e4e2146a0f11f7ad603 Updating repository URLs to HTTPS
For details on why this change is happening see this Talk post: https://talk.openmrs.org/t/maven-3-8-1-and-http-repositories/33364
If this commit causes issues, please feel free to revert | ESSENTIALAI-STEM |
Page:02.BCOT.KD.HistoricalBooks.A.vol.2.EarlyProphets.djvu/672
Verses 43-44
When Saul asked him what he had done, Jonathan confessed that he had tasted a little honey (see 1Sa 14:27), and resigned himself to the punishment suspended over him, saying, “Behold, I shall die;” and Saul pronounced sentence of death upon him, accompanying it with an oath (“God do so,” etc.: vid., Rth 1:17).
Verse 45
But the people interposed, “Shall Jonathan die, who has achieved this great salvation (victory) ''in Israel? God forbid! As truly as Jehovah liveth, not a hair shall fall from his head upon the ground; for he hath wrought (the victory) with God to-day''.” Thus the people delivered Jonathan from death. The objection raised by the people was so conclusive, that Saul was obliged to yield. What Jonathan had done was not wrong in itself, but became so simply on account of the oath with which Saul had | WIKI |
Talk:Theatre Royal, Ballarat
Queries for Doug
, while I appreciate your hard work, please be careful not to use MOS:PUFFERY. Also, Ailsa Brackley du Bois is not a critic but an academic researcher/historian, and a subject matter expert on the Theatre Royal, Ballarat. I would suggest using that journal article more centrally than you have per WP:BESTSOURCES as it is the best source published on this topic.4meter4 (talk) 02:34, 2 June 2023 (UTC)
* Thanks, I'll fix that error, but I'm not sure about the puffery charge. Doug butler (talk) 02:43, 2 June 2023 (UTC)
* @ Doug, for example: "finest structure in the gold-rich town, and possibly the grandest and most up-to-date theatre in Victoria, outside Melbourne" (according to whom?). That kind of language needs to be from a direct quote or needs to attribute that assessment to the source making it in some fashion; otherwise it's puffery. Just make sure that when you are making an exceptional claim that it is attributed properly. Best. 4meter4 (talk) 02:52, 2 June 2023 (UTC)
* Ailsa Brackley du Bois has "the grandest playhouse in all Australia", which I thought excessive, so I had "perhaps ... outside Melbourne". I certainly would not repeat some of her assertions, down to "American Rockerfellers’ Minstrel Company" which is demonstrably incorrect. Doug butler (talk) 03:51, 2 June 2023 (UTC) | WIKI |
Page:United States Statutes at Large Volume 61 Part 4.djvu/725
61 STAT.] CANADA-RUSH-BAGOT AGREEMENT June 9 10. 1939, Oct. 30 Nov. 2, 1940 4073 Feb. 26, Mar. 9, 1942, Nov. 18, Dec. 6, 1946 After careful consideration of this problem, Mr. Hull is of the opinion that the following proposal would be in harmony with the spirit of the Rush-Bagot Agreement; namely, the placing of two 4-inch guns on each of three naval vessels on the Great Lakes, and the removal of all other armaments, subject to certain conditions. These are that the firing of target practice be confined to the territorial waters of the United States, and that the 4-inch guns be dismantled except in the summer season during the period of the training of naval reserves. There remains a question which is of definite interest to both Governments, namely, the construction of naval vessels in shipyards situated on the Great Lakes. The State Department has recently received renewed inquiries on this question. The Rush-Bagot Agreement, after providing for the maintenance of four naval vessels of each party on the Great Lakes, stipulated that "All other armed vessels on those lakes shall be forthwith dis- mantled and no other vessels of war shall be there built or armed." The provision just quoted should, Mr. Hull believes, be read in the light of the geographical factor to which reference has already been made. At a time when there was no navigable connection between the Great Lakes and the Atlantic Ocean, it was obvious that naval vessels constructed on the lakes could only be intended for use in those waters. Mr. Hull is satisfied that it was this contingency alone which the contracting parties wished to guard against, for no evidence what- ever exists to suggest that either party at any time considered that the Agreement should affect the naval forces of the two countries outside the Great Lakes area. In the circumstances, Mr. Hull believes that it would be entirely Construction of naval vessels in ship- in harmony with the intent of the negotiators and the spirit of the yards on reat Lakes. Agreement for either country to permit naval vessels, unquestionably intended for tidewater service only, to be constructed in shipyards situated on the Great Lakes. In order carefully to preserve the intent of the Agreement, however, it is believed that prior to the commence- ment of construction each Government should provide the other with full information concerning any naval vessels to be constructed at Great Lake ports; that such vessels should immediately be removed from the lakes upon their completion; and that no armaments what- ever should be installed until the vessels reach the seaboard. I shall be happy to receive for Mr. Hull's informal and confidential information any observations which you may wish to make with regard to the questions touched on in this letter. Sincerely yours, DANIEL C. ROPER. Dr. O. D. SxELTON, Under-Secretary of State for ternal Affairs, Ottawa.
� | WIKI |
Henry Ford’s Quadricycle
In 1896, the founder of Ford Motor Company built his first car and took it for a spin on the streets of Detroit.
In the early morning of June 4, 1896, Henry Ford made his first trial run in a small, four-wheeled vehicle he called a "Quadricycle," subsequently described by historian Allan Nevins as "Strikingly small and light - the lightest vehicle of its type yet produced." This Quadricycle had 49-inch wheelbase and was 79 inches long overall. It was only 45 inches wide and 43 inches high. For the 32-year-old inventor, the Quadricycle's successful first outing was the result of the inventiveness, determination and hard work that later earned him the title of "genius of the automotive industry."
Three giants - steel, oil and railways - set the stage for Henry Ford and the beginnings of motor transportation. In 1864, a year after Mr. Ford's birth, the open-hearth process was developed and the modern age of steel began. The following year, the oil industry laid the first stretch of pipelines in the Allegheny River Valley. In 1869, the American continent was linked from east to west by the railway.
From his boyhood days, Henry Ford was a master of mechanical logic. From a glance at a machine he could understand the inter-dependence of its parts and trace the interaction of gears, ratchets, spurs, cams and levers. According to his father, William Ford, neighbors referred to Henry as a young man with "wheels in his head." After leaving home - a small farm just outside Detroit - at the age of 16, he became an apprentice in a Detroit machine shop that made steam engines. Within a few years, he had become chief engineer of the Edison Illuminating Company. His colleagues described him as "highly proficient as a mechanic and as an operational engineer."
But it was not enough. In the early 1890's Henry Ford began tinkering with a tiny vehicle in a small workshop at the rear of his home at 58 Bagley Avenue in Detroit, a few blocks from the Edison plant. At that time, any man experimenting with "horseless carriages" was considered something of an oddity. An elderly Detroiter said Henry Ford - no exception to this prejudiced rule - was regarded with some suspicion around the neighborhood. The young inventor was supported by his wife, Clara, whom he had married in 1888, and by the help of friends and colleagues from the Edison Company - David Bell, Jim Bishop, George Cato and "Spider" Huff.
Henry Ford's first motor spluttered its way into history on Christmas Eve in 1893 - the same year his only son, Edsel Bryant Ford, was born. For the next few years, he experimented with engine designs, but he did not begin work on the final larger motor for his Quadricycle until January 1896. A little later he began building the chassis and body of the carriage. In the months before the Quadricycle was finished, he worked night after night until midnight or later, and all day and night Saturdays. According to Allan Nevins, Ford did not mind the long hours. "I cannot say that it was hard work," he observed years later. "No work with interest is ever hard." He was confident of the results - "they always come if you work hard enough."
Apart from the motor, wheels, axles and steering tiller, the vehicle was constructed of wood, and weighed only 500 pounds, without fuel. It had a buggy-like seat and ran on bicycle-size wheels with pneumatic tires. Ford's "horseless carriage" had two speeds - 10 and 20 miles per hour selected by twin drive belts. It had a neutral gear but no reverse. Gear changes were made by a clutch lever mounted on the floor to the right of the driver. Final drive was by a single chain. There were no brakes, but Ford included a doorbell as a horn. During the two days before his invention was finished, Ford hardly slept at all. Finally, in the early morning hours of June 4, 1896, the vehicle was ready.
As Ford prepared for his first ride, he realized the completed Quadricycle was wider than the garage door. With an axe, he broke out frame and bricks to widen the opening and rolled the vehicle out into the alley. With his wife and a helper, Jim Bishop, anxiously watching, Ford put the clutch in neutral and spun the flywheel. The motor came to life! Ford drove the Quadricycle slowly along nearby Detroit streets, with Bishop on a bicycle ahead of him and a few curious passers-by staring incredulously. A spring actuating one of the "ignitors" failed during the short run, but it was quickly repaired, and the two men returned triumphantly to the Ford home, got a few hours of rest and then reported for work at Edison.
Although the outing was successful, Ford was not satisfied, and he practically rebuilt the Quadricycle in the following months. He and his helpers replaced many wooden parts with metal, installed a cooling system in the engine, and fitted sturdier wheels. Henry Ford subsequently built other cars and on June 16, 1903 - seven years after his first trial run - he launched the Ford Motor Company in a small converted carriage factory in Detroit. Henry Ford sold the Quadricycle later that year for $200, though he repurchased it in 1904 for only $65, and it still survives today in a permanent display at the Henry Ford Museum in Dearborn, Michigan.
1996 news release footage - celebrating the 100th year anniversary of the Quadricycle | FINEWEB-EDU |
Does Xanax For Depression Work or Cause Depression?
Xanax For Depression
Alprazolam, sold under the brand name Xanax among others, is a short-acting benzodiazepine. The Food and Drug Administration (FDA) has approved prescribing Alprazolam for the treatment of anxiety and panic disorders.
Since Xanax is the most popular medicine for anxiety, many assume that it may work as an antidepressant as well. Therefore, it is worth learning whether Xanax for depression works or causes depression.
Let us have a look at the medical facts on Xanax and depression in detail.
Depression
Know what depression is before we find answers to the questions such as ‘does Xanax cause depression?’ or “does Xanax for depression work’?
Depression is a temporary mental disorder. It puts a person in a depressed mood or loss of interest in activities, causing significant impairment in daily life.
Major symptoms of depression are:
• Lethargy and lack of interest
• Disinterested in life including studies, work, or relationships
• A feeling of worthlessness and disappointment
• Withdrawal from family and friends
• Recurring incidence of headaches, muscle pain, and insomnia
Depression is a common mental disorder. According to a WHO report published in 2103 about 12% of the population experience depression at least for a few days in a year.
Major causes of depression include:
• Hormone imbalance
• A chemical imbalance in the brain
• Side effects of some medication and substance abuse
• Physical, sexual, or mental abuse
• Conflicts in relationships with family members, friends, or lover
• Death of someone close or loss of something
• Major events in life like joining a new job, marriage, divorce, or retiring
• Serious illness and prolonged treatment
It is essential to understand the link between Xanax and depression. The similarity between some symptoms and causes of anxiety and depression make some people confused about them.
Does Xanax For Depression Work?
Xanax is a benzodiazepine prescription medicine. It is useful for treating anxiety or panic disorders for a short period. It calms the mind by influencing the chemical process in the brain that causes anxiety or panic.
As per the prescription note, Xanax is not a medicine for treating depression.
Importantly, many people with anxiety disorders also have depression.
Fatigue, trouble in concentrating, and sleep problems are common symptoms of depression and anxiety. Irritability and anger may also manifest in forms of anxiety or depression especially when the mood is low.
Thus, it may be true that Xanax could help in reducing some of the symptoms of depression. But it is NOT a prescription medicine for depression.
Xanax, which is the brand name for the generic drug alprazolam, isn’t usually used to treat depression because there are several newer and safer medications available.
Reasons For Wrong Xanax Prescription
Unfortunately, there is an increasing trend in prescribing Xanax for mental issues other than anxiety and panic attacks.
Anxiety disorder is the most common mental issue. For this reason, Xanax prescriptions take place in a larger number than other drugs in this category. This bias has led to the development of a tendency to prescribe Xanax for non-anxiety reasons as well.
In several cases, symptoms of depression appear similar to that of Anxiety in the diagnosis process. Some physicians mistakenly prescribe Xanax for calming down depression.
There is a misconception among some that Xanax also works for depression.
Xanax can indeed work as an antidepressant for the central nervous system. In addition, several patients have a simultaneous occurrence of anxiety and depression.
At the initial stages, the use of Xanax for treating depression may calm down a few symptoms of depression. In the long run, this drug increases some of the symptoms of depression.
What Do The Medical Literatures Say?
Some of the medical literature suggests that occasionally Xanax may be prescribed by a doctor as an “off-label” treatment for depression.
One of the clinical studies conducted in the 1990s tested Xanax for treating major depressive disorder. In this study, Xanax was given in double the dosage used for anxiety relief for a short period. The study result showed a significant reduction in several symptoms of chronic depression.
However, most researchers do not support the use of Xanax for the treatment of depression. Most importantly, this drug is highly addictive when used in higher doses for more than 12 weeks.
Some psychiatrists say that the sedative properties of this drug can calm down a few symptoms of depression. But this pill will aggravate the conditions of depression in people who are already depressed.
Does Xanax Cause Depression?
According to a health letter from The Harvard Medical School journal, a large variety of medications negatively influences your mood and lead to depressive symptoms. For example, benzodiazepines, such as alprazolam (Xanax), temazepam (Restoril), lorazepam (Ativan), and diazepam (Valium) used for treating anxiety and sleep disorders may cause depression.
Benzodiazepines are central nervous system depressants. Build of benzodiazepine medications in the body leads to the side effect of manifesting depressive symptoms. Older people are more likely to face such side effects because their bodies metabolize medications at a slower pace.
If you notice, common side effects of Xanax are feeling of sadness, hopelessness, and loss of interest, typical symptoms of depression.
Warning on Xanax use notifies that using Xanax by people who already have depression can worsen the symptoms of the issue.
Use of Other Substances with Xanax and Depression
Many depressed people look for temporary alleviation of depression by using other substances like opioids, weed-smoking, or alcohol.
Some try to use Xanax and other substances together to combat the symptoms of depression.
Alcohol and opioids are also depressants. When they are used together with Xanax, depression becomes worse than before. It also increases the chance of fatal overdosing leading to several health hazards including death.
It is dangerous to self treat depression with Xanax and opioids. Depressed individuals should not consume alcohol or do smoking at all.
Recreational use of benzodiazepines or opioids is one of the prime reasons for depression in many people.
Xanax and depression are a bad mix. Especially, taking Xanax in overdose will increase the severity of depression for sure. It is all the more dangerous and fatal to use Xanax and other substances together.
The Bottom Line
Xanax is not an antidepressant per se. It is a prescription medicine for the treatment of anxiety disorders.
Xanax for depression is not the right choice of medication. There are several other prescription medicines safe and effective for treating depression than Alprazolam.
Article Source:
Reference:
WHAT PEOPLE ARE READING | ESSENTIALAI-STEM |
Many people struggle with weight loss issues. Losing belly fat in particular is about more than just aesthetics: visceral fat, the kind of fat that tends to settle around the midsection, can cause an increase in your body's production of stress hormones that can affect your body's insulin production. As a result, excess belly fat can lead to serious complications like type 2 diabetes and heart disease.[1] There is no way to target belly fat, but diet and exercise will eventually burn off belly fat. Knowing how to take the first step can help you feel better and get you on the road to a healthier, more active lifestyle.
The most basic approach to weight loss is burning more calories than you consume. For instance, since 3,500 calories equals 1 pound of fat, a weight loss app—or even just a pen and paper—can help you decide how many calories you need to cut from your diet or burn at the gym in order to meet your goals. “If you were to burn 500 more calories per day 7 days a week, that would lead to 3,500 calories in a week and 1 pound of weight loss,” says Gagliardi.
Stavrou, S., Nicolaides, N. C., Papageorgiou, I., Papadopoulou, P., Terzioglou, E., Chrousos, G. P., … Charmandari, E. (2016, July 31). The effectiveness of a stress-management intervention program in the management of overweight and obesity in childhood and adolescence. Journal of Molecular Biochemistry, 5(2), 63–70. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4996635/
Why do people get different results with this diet plan? Medical conditions can play a big role in weight gain or loss. It is important to understand any medical conditions you may have before going on a diet. Many different issues can lead to abnormal weight gain, including thyroid issues. If this is a concern for you, read this article on hypothyroidism and its effect on weight. Mental health issues can also lead to weight gain or loss. If you struggle with anxiety, you may experience abnormal weight gain. Make sure to ask your doctor for advice about how to manage the anxiety without over-eating.
Try the paleo diet to help you avoid processed foods. Back when cavemen still ruled the earth, they didn't have time to bake cupcakes or fry potato chips. The paleo diet (short for paleolithic) seeks to recreate the same diet that our early ancestors ate, claiming that our systems are not built for modern ingredients and cooking styles. You eat meat, vegetables, fruit, and other foods that would have been available back then, and avoid anything paleo people wouldn't have had.[12]
Make a protein-rich dinner with grilled pork chops and asparagus. Heat one teaspoon olive oil in a pan over medium-high heat. Season a three-ounce pork chop with salt and pepper. Place it in the pan and cook it for three to five minutes per a side. Serve with ½ cup mashed potatoes, one cup steamed or baked asparagus, and ½ cup bell pepper strips. Top the meal off with ½ cup fresh raspberries.
The diet plan is mixture of fruits, vegetables, a small bowl of boiled brown rice and a small cup of dal. 1 bowl of salad and 1 glass of butter milk with brown rice and dal. Tomatoes are key part of day 5. Make sure you do not skip 6 tomatoes. You can have tomatoes at one time or separately at different intervals on the same day. 2 apples and 2 oranges can be had at same time or separately.
Potassium, magnesium, and calcium can help to serve as a counter-balance for sodium. Foods that are rich in potassium include leafy greens, most "orange" foods (oranges, sweet potatoes, carrots, melon), bananas, tomatoes, and cruciferous veggies — especially cauliflower. Low-fat dairy, plus nuts, and seeds can also help give you a bloat-busting boost. They've also been linked to a whole host of additional health benefits, such as lowering blood pressure, controlling blood sugar, and reducing risk of chronic disease overall.
Once you get results, you will be encouraged to try this diet a few more times. So if you want to shed those stubborn kilos, this diet is tailor-made for you. It might be a fast-paced diet and a little difficult to follow considering the radical changes you have to make to your diet, but it sure will help you reach your weight-loss goals within a very short time!
Sure, ketchup is tasty, but it's also a serious saboteur when it comes your weight loss efforts. Ketchup is loaded with sugar — up to four grams per tablespoon — and bears little nutritional resemblance to the fruit from which it's derived. Luckily, swapping out your ketchup for salsa can help you shave off that belly fat at home without a diet. Fresh tomatoes, like those used in salsa, are loaded with lycopene, which a study conducted at China Medical University in Taiwan links to reductions in both overall fat and waist circumference. If you like your salsa spicy, all the better; the capsaicin in hot peppers, like jalapeños and chipotles, can boost your metabolism, too.
Eat regular meals or snacks every 2-4 hours. Skipping meals isn’t the answer to losing weight, and it may even derail your efforts. Food gives you energy, so going too long without eating can leave you feeling tired, which decreases your activity level. Additionally, it triggers your body to crave high-calorie, high-sugar snacks for a quick energy boost. Instead of starving yourself, plan frequent, healthy meals.[3]
To stay motivated and deal with cravings, Juge has a couple of great recommendations. First, schedule a cheat meal on every seventh day. "Many of my clients have their cheat meal on Sunday, so then they're ready for Monday and the week to come," he says. If you feel deprived during the week, concentrate on the cheat meal to come, knowing you can eat absolutely anything you want to—pizza, lasagna, doughnuts, beer, chips, you name it. Remember, though, it's just one cheat meal, not an entire day of cheating. Afterward, get right back on the wagon with your next scheduled meal.
× | ESSENTIALAI-STEM |
Ziwei Ziwei - 8 months ago 27
R Question
how to replace the NA in a data frame with the average number of this data frame
I have a data frame like this:
nums id
1233 1
3232 2
2334 3
3330 1
1445 3
3455 3
7632 2
NA 3
NA 1
And I can know the average "nums" of each "id" by using:
id_avg <- aggregate(nums ~ id, data = dat, FUN = mean)
What I would like to do is to replace the NA with the value of the average number of the corresponding id. for example, the average "nums" of 1,2,3 are 1000, 2000, 3000, respectively. The NA when id == 3 will be replaced by 3000, the last NA whose id == 1 will be replaced by 1000.
I tried the following code to achieve this:
temp <- dat[is.na(dat$nums),]$id
dat[is.na(dat$nums),]$nums <- id_avg[id_avg[,"id"] ==temp,]$nums
However, the second part
id_avg[id_avg[,"id"] ==temp,]$nums
is always NA, which means I always pass NA to the NAs I want to replace.
I don't know where I was wrong, or do you have better method to do this?
Thank you
Answer
Here is a dplyr way:
df %>%
group_by(id) %>%
mutate(nums = replace(nums, is.na(nums), as.integer(mean(nums, na.rm = T))))
# Source: local data frame [9 x 2]
# Groups: id [3]
# nums id
# <int> <int>
# 1 1233 1
# 2 3232 2
# 3 2334 3
# 4 3330 1
# 5 1445 3
# 6 3455 3
# 7 7632 2
# 8 2411 3
# 9 2281 1
You essentially want to merge the id_avg back to the original data frame by the id column, so you can also use match to follow your original logic:
dat$nums[is.na(dat$nums)] <- id_avg$nums[match(dat$id[is.na(dat$nums)], id_avg$id)]
dat
# nums id
# 1: 1233.000 1
# 2: 3232.000 2
# 3: 2334.000 3
# 4: 3330.000 1
# 5: 1445.000 3
# 6: 3455.000 3
# 7: 7632.000 2
# 8: 2411.333 3
# 9: 2281.500 1 | ESSENTIALAI-STEM |
Micromerys
Micromerys is a genus of South Pacific cellar spiders that was first described by H. B. Bradley in 1877.
Species
it contains nine species, found only in Australia and Papua New Guinea:
* Micromerys baiteta Huber, 2011 – New Guinea
* Micromerys daviesae Deeleman-Reinhold, 1986 – Australia (Queensland)
* Micromerys gidil Huber, 2001 – Australia (Queensland)
* Micromerys gracilis Bradley, 1877 (type) – Australia (Northern Territory, Queensland)
* Micromerys gurran Huber, 2001 – Australia (Queensland)
* Micromerys papua Huber, 2011 – New Guinea
* Micromerys raveni Huber, 2001 – Australia (Queensland, New South Wales)
* Micromerys wigi Huber, 2001 – Australia (Queensland)
* Micromerys yidin Huber, 2001 – Australia (Queensland) | WIKI |
Quantification of oxygen release by bulrush (Scirpus validus) roots in a constructed treatment wetland
Achintya N. Bezbaruah, Tian C. Zhang
Research output: Contribution to journalArticle
67 Scopus citations
Abstract
Amount of oxygen released by bulrush (Scirpus validus) roots has been quantified based on the radial oxygen loss (ROL) exhibited by the roots, the number and the length of active lateral roots, and the field plant density. It was found that wetland bulrush contains two types of active lateral roots (showing ROL), viz., laterals of brown and white main roots. The two laterals have distinct oxygen release characteristics. Based on the dissolved oxygen (DO) microprofiles of brown and white laterals, the ROLs were found to be ≈61 ng O2 cm-2 root surface min-1 and ≈ 68 ng O2 cm-2 root surface min-1, respectively, at bulk 5-day biochemical oxygen demand (BOD5) of 76 mg L-1. The respective average active root lengths of the brown and the white laterals were ≈ 40 and ≈ 1676 μm. Based on field and laboratory measurements, the average amount of oxygen released by bulrush was found to be 2.30 mg O 2 m-2 wetland surface d-1; of this ≈ 71% is from the white roots. The results of this study indicate that plants do not release enough oxygen to meet the total oxygen demand of bulk wastewater, and therefore, constructed wetlands should be designed as an anaerobic or an aerobic-anaerobic hybrid system rather than as an aerobic system. However, the results of this study should be viewed in the background of possible errors (including a reactor design flaw), which might have made the measured oxygen release significantly lower than what plant roots actually release. Further studies are needed to quantify wetland plant oxygen release based on micro-scale measurements.
Original languageEnglish (US)
Pages (from-to)308-318
Number of pages11
JournalBiotechnology and Bioengineering
Volume89
Issue number3
DOIs
StatePublished - Feb 5 2005
Fingerprint
Keywords
• Active lateral root
• Constructed wetland
• Microelectrode
• Plant oxygen release
• Radial oxygen loss
ASJC Scopus subject areas
• Biotechnology
• Bioengineering
• Applied Microbiology and Biotechnology
Cite this | ESSENTIALAI-STEM |
Byosyuke
The Byosyuke (Бёсюке; Бөөһүкэ) is a river in the Sakha Republic (Yakutia), Russia. It is one of the northernmost tributaries of the Lena. The river has a length of 152 km —263 km from the source of the Sakhandya— and a drainage basin area of 5780 km2.
The river flows north of the Arctic Circle across desolate areas of Bulunsky District. The nearest inhabited place is Kyusyur, located on the banks of the Lena, over 60 km northeast of its mouth. The Byosyuke is a destination for game fishing tours.
Course
The Byosyuke is a right tributary of the Lena. It has its origin on the western flank of the northern end of the Orulgan Range, Verkhoyansk Range system. The Byosyuke is formed at the confluence of the Meychan and Sakhandya rivers. It flows roughly northwestwards, parallel to the Tikyan, skirting the northern limit of the Dzhardzhan Range and descending into a floodplain in its middle course. Towards the end it bends westwards and then southwestwards, forking into two in its last stretch and joining the right bank of the Lena 296 km from its mouth.
The longest tributary of the Byosyuke is the 152 km long Meychan (Мэйчээн) from the right. | WIKI |
river blindness
Also found in: Dictionary, Thesaurus, Medical, Wikipedia.
river blindness
or
onchocerciasis,
disease caused by the parasitic nematode worm Onchocerca volvulus. The worm larvae are transmitted by the bites of blackflies (genus Simulium) that live in fast moving streams. Inside the body the worms form disfiguring skin nodules, where they mate. Their tiny larvae, or microfilariae, migrate through the skin, causing severe itching. If the infection reaches the area of the eye, allergic reaction to the microfilariae can cause blindness.
Tests can now detect infestation before the disease has progressed, and the new drugs ivermectin, which kills the larvae, and amocarzine, which kills adult forms, have begun to help control the disease. Blackfly eradication programs have had limited success because the flies can quickly develop resistance to pesticides.
River blindness, which occurs primarily in Africa, Central and South America, and Yemen, affects an estimated 18 million people. In Africa, two strains have been identified, a savanna strain and a forest strain. The forest strain does not usually lead to blindness, but it does cause severe skin symptoms (lesions, itching, discoloration, change in texture) that can result in social ostracism.
References in periodicals archive ?
An important part of the agreement between Medicines Development and GHIF is the contractual requirement to ensure accessibility of moxidectin for river blindness should the drug be approved, a goal consistent with the aims of each of the WHO, GHIF and Medicines Development.
The last front for river blindness in Colombia was Naiciona, a community of about 1,370 residents.
These days river blindness is gone from this region, thanks partly to work by the Carter Center, run by former President Jimmy Carter, and to vast contributions of medicine by Merck, the pharmaceutical company.
River blindness is caused by thread-like filarial nematode worms, Onchocerca volvulus, which are transmitted among humans through the bite of a black fly.
An African community can be protected against river blindness by the distribution of the drug Mectizan with a donation of pounds 19.
A STUDY by the UN's health body has shown that the disease onchocerciasis - also known as river blindness - could be wiped out using drugs.
Although the summit, co-sponsored by the government of Benin, the WHO and the NGO, Water for all Children, focused on one of the rarer NTDs, Burili ulcer (the third most occurring mycrobacterial disease in humans, after leprosy and tuberculosis), the participants also discussed NTDs in general, which include elephantiasis, river blindness, guinea worm, leprosy, and trachoma.
Noor Dubai is funding the foundation's fight against river blindness and other preventable vision loss in Africa, and has so far healed more than 400,000 in Ethiopia, Mali, Cameroon and Uganda.
Summary: DUBAI - Noor Dubai, the UAE-based charity initiative focused on preventing and treating poor vision and curable forms of blindness, has partnered with the Lions Club International Foundation and ORBIS International to fight river blindness and other forms of vision loss across Africa.
The State Ministry of Health of Gombe, which is located in northeastern Nigeria, Africa, in conjunction with Upper Benue River Basin Development Area office and local government, have taken measures to control the area's black flies, whose bite causes onchocerciasis or river blindness, the world's second leading cause of infectious blindness.
350-million plan to fight such ignored scourges as elephantiasis and river blindness.
This collection of nine new articles on Wolbachia includes a historical perspective of its relationship with arthropods and nematodes, an assessment of its significance to the evolution of nematodes, its behavior as endosymbient and the effect on filarial nematodes and the long-term effects of the relationship, the ramifications of the Wolbachia genome sequence and the new discoveries about Wolbachia biology related to it, arthropods and their symbiotic relationship with Wolbachia, and the relationship of Wolbachia to river blindness and veterinary filariasis. | ESSENTIALAI-STEM |
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